Name: Terms and Conditions of Galapagos Pro GmbH
Rating: 4.9

Dear guest,

the following Terms and Conditions, when effectively agreed, become part of the travel contract concluded between you, hereinafter referred to “you” or “customer”, and Galapagos Pro GmbH, hereinafter referred to as “GPG“. They supplement the legal provisions of Section 651a–y BGB (German Civil Code) and Articles 250 and 252 EGBGB (Introductory Act to the German Civil Code) and provide more specific detail on them. Please read these Terms and Conditions carefully before you make your booking!

The English version of this text serves only for information and is not part of this legal transaction, please refer to clause 16.

1. Conclusion of Travel Contract, Customer Obligations

1.1. The following applies to all types of bookings:

a) The offer of GPG and the customer’s booking are based on the description of the package tour offer, the important travel information as well as the supplementary information contained in the basis of the booking, as far as it is available to the customer upon booking.

b) Travel agents and booking offices are not authorized by GPG to make any agreements, provide any information or give any assurances that change the agreed content of the package travel contract, go beyond the travel brochure or the services contractually promised by GPG or contradict it.

c) If the content of the booking confirmation deviates from the content of the booking, then it shall form a new offer of GPG. The contract shall be concluded on the basis of the new offer when the customer accepts it by express declaration, advance payment or payment of the balance, or by making use of the travel services.

d) The customer making the booking shall be liable for the contractual obligations of fellow travelers for whom he/she makes the booking in the same way as for his/her own obligations, provided he/she has assumed a respective obligation by express and separate declaration.

1.2. The following applies to bookings made by word of mouth, in writing, by telephone, by e-mail, by fax:

a) With the booking, the customer bindingly offers the conclusion of the travel contract to GPG. The traveler shall be bound by the booking for three working days.

b) The contract shall be concluded upon receipt of the booking confirmation (confirmation of acceptance) of GPG which does not require a certain form and therefore word of mouth and confirmations by telephone are also legally binding for the customer. After the customer’s word of mouth booking or booking by telephone GPG supplies the customer with a written booking confirmation. Word of mouth bookings and bookings made by telephone with respective binding word of mouth confirmations and confirmations by telephone are still binding, even if the customer does not receive a written confirmation.

1.3. Following applies to the conclusion of contract for bookings which are made online without special means of individual communication (contract within electronic commerce):

a) The process of online bookings is explained to the customer on GPG´s website.

b) As far as a possibility of direct booking is offered by GPG, the customer has the possibility to correct entries, before making a billable and binding booking, which is explained to the customer in advance.

c) All languages which are possible for the transaction of the online booking are indicated. The German language is exclusively legally relevant.

d) As far as the wording of the contract is recorded in GPG´s online booking system the customer will be informed about this and has the possibility to access the wording subsequently.

e) By activating the button “booking with an obligation to pay” the customer offers GPG a binding conclusion of the contract. The customer is bound to this for seven days after sending his electronic declaration.

f) The receipt of the booking is immediately confirmed electronically to the customer.

g) The transmission of the contract offer by activating the button “booking with an obligation to pay” does not substantiate any claim that a contract has been concluded referring to the booking specifications. GPG however is free to accept or not accept the offer of the customer.

h) The contract is concluded when the customer receives the booking confirmation from GPG.

1.4. GPG points to the fact that, in accordance with the statutory provisions (section 312 para 7, 312g para 2 sentence 1 no. 9 BGB), in the case of package deal contracts according to sections 651a and 651c BGB that are concluded via distance selling (letters, catalogues, tele-phone calls, faxes, emails, SMS, radio, telemedia and online services), there is no right of revocation and only the statutory rights of withdrawal and termination (including the right of withdrawal under section 651h BGB) apply (see also Clauses 8). However, a right of withdrawal applies if the contract for travel services pursuant to section 651a BGB was concluded outside of the business premises, unless the oral negotiations on which the conclusion of the contract is based have been conducted at the prior request of the consumer; in the latter case, there is also no right of withdrawal.

2. Payment

2.1. GPG and travel agents may only demand or accept payment of the travel price prior to the end of the package tour if an valid insurance contract exists and the customer has been given the insurance certificate with the name and contact details of the insurer in a clear, comprehensible and prominent manner. After conclusion of the contract, a deposit of 20 % of the cruise price is due for payment against delivery of the security certificate. For trips with a cruise component in the Galapagos archipelago, a 1st deposit of 30% is due upon conclusion of the contract and a 2nd deposit of a further 50% is due 75 days prior to departure. The balance is due 30 days prior to departure, provided that the security certificate has been handed over and the trip can no longer be cancelled for the reason stated in clause 8. For bookings made less than 30 days before the start of the trip, the entire tour price is due for payment immediately.

2.2. In deviation from section 2.1, in the case of specially marked trips with special airfares, which are payable immediately and cannot be cancelled, the full price for the special airfare shown separately in the offer and in the travel confirmation plus 20% of the total price minus the special airfare shown is due for payment with the first down payment. Further payments are then calculated on the basis of the total price minus the special airfare shown separately.

2.3. If the Customer fails to make the down payment and/or the final payment in accordance with the agreed payment terms, even though GPG is ready and able to duly provide the contractual services, has fulfilled its legal information obligations and the Traveler has no legal or contractual right of set-off or retention, and if the Traveler is responsible for the delay in payment, GPG is entitled to withdraw from the package tour contract after issuing a reminder with a deadline and after the deadline has expired and to charge the Traveler with withdrawal costs in accordance with Section 5.

3. Changes to Services

3.1. Changes to essential travel services in deviation from the agreed content of the travel contract that become necessary after conclusion of the contract and have not been caused by GPG in breach of good faith shall only be allowed when such changes are not substantial and do not impair the overall nature of the travel.

3.2. Possible warranty claims remain unaffected as far as the changed services involve deficiencies.

3.3. GPG is obliged to inform the customer about essential changes to services immediately after receiving knowledge of the reason for the change.

3.4. In case of a substantial change in an essential travel service, the customer shall be entitled to rescind the travel contact free of charge or demand participation in another travel package of at least equivalent value when GPG is in a position to offer such travel from its program without charging the customer a higher price. The customer must assert such rights against GPG immediately after GPG‘s declaration on the change to the travel service or the cancellation of travel.

4. Price Increase / Price Decrease

4.1. GPG reserves the right to increase the travel price agreed upon in the package travel contract in accordance with § 651f, 651g BGB (German Civil Code) and the following provisions, if after the conclusion of the contract there has been an

a) Increase in the price of passenger transportation due to higher costs for fuel or other energy sources,

b) increase in taxes and other charges for agreed travel services, such as tourist taxes, port or airport charges, or

c) change in the exchange rate applicable to the package tour in question

which has a direct effect on the tour price.

4.2. An increase in the tour price is only permissible if GPG clearly and understandably informs the traveler in text form about the price increase and the reasons for it and at the same time informs the traveler about the calculation of the price increase.

4.3. The price increase is calculated as follows:

a) In the event of an increase in the price for the carriage of persons pursuant to section 4.1.a), GPG may increase the tour price in accordance with the following calculation:

In the event of an increase related to the seat, GPG may demand the amount of the increase from the customer.
Otherwise, the increased costs for fuel or other energy sources demanded by the carrier for each means of transport will be divided by the number of persons transported. GPG may request the customer to pay the resulting amount of the increase for each person transported.

b) In the event of an increase in taxes and other levies pursuant to section 4.1.b), the tour price may be increased by the corresponding pro-rata amount.

c) In the event of an increase in exchange rates pursuant to section 4.1.c), the tour price may be increased to the extent that the tour has become more expensive for GPG as a result.

4.4. GPG is obligated to grant the customer/traveler a reduction in the tour price at the customer’s/traveler’s request if and to the extent that the prices, taxes or exchange rates specified in section 4.1 a) – c) have changed after the conclusion of the contract and before the start of the tour and this results in lower costs for GPG. If the customer/traveler has paid more than the amount due hereunder, the additional amount shall be reimbursed by GPG. However, GPG may deduct the administrative expenses actually incurred by GPG from the additional amount to be reimbursed. At the request of the customer/traveler, GPG must provide the customer/traveler with evidence of the amount of administrative expenses incurred.

4.5. Price increases are only permissible up to the 20th day before the start of the tour.

4.6. In the event of price increases of more than 8%, the customer is entitled, within a reasonable period of time set by GPG at the same time as notification of the price increase, either to accept the change or to withdraw from the package tour contract free of charge. If the customer does not expressly declare his withdrawal from the package tour contract to GPG within the period set by GPG, the change shall be deemed accepted.

5. Cancellation by the Customer Before the Start of Travel / Cancellation Costs

5.1. The customer may withdraw from the package tour contract at any time before the start of the tour. The withdrawal must be declared to GPG at the address given below; if the trip was booked through a travel agent, the withdrawal can also be declared to the agent. The customer is advised to declare the withdrawal in text form. 5.2.

5.2. If the customer withdraws before the start of the trip or if the customer does not start the trip, GPG loses the claim to the price of the trip. Instead, GPG may demand reasonable compensation, insofar as GPG is not responsible for the cancellation. GPG cannot claim compensation if unavoidable and extraordinary circumstances occur at or in the immediate vicinity of the destination which significantly affect the performance of the package or the carriage of persons to the destination; circumstances are unavoidable and extraordinary if they are beyond the control of the party invoking them and their consequences could not have been avoided even if all reasonable precautions had been taken.

5.3. GPG has determined the following flat rates for compensation taking into account the period between the notice of cancellation and the start of the trip as well as taking into account the expected saving of expenses and the expected acquisition through other uses of the travel services. The compensation shall be calculated according to the date of receipt of the notice of cancellation as follows with the respective cancellation scale:

a) Flight package tours with a separately stated flight special fare:

The cancellation fee is made up of the separately stated special air fare and a percentage compensation on the total price minus the special air fare, staggered over time:

Compensation = shown special air fare +

up to 31st day prior to departure 20%
from the 30th day before departure 25 %
from the 22nd day prior to departure 35 %
from the 15th day before departure 50%
from the 8th day before departure 70%
from the 2nd day prior to departure until the day of departure or in the event of non-commencement of the tour; 95 % of the tour price less the special flight fare

Example calculation for illustration:

Total travel price 4000,-€,of which shown special flight fare 1.500,-€.

Lump sum compensation for cancellation 9 days before departure in this example: 1.500,- € + 50% of 2.500,- € = 2.750,- €.

b) Flight package tours with scheduled or charter flight as well as tours which do not fall under a) and c)

up to the 31st day prior to departure 20%
from the 30th day before departure 25%
from the 22nd day prior to departure 35%
from the 15th day before departure 50%
from the 8th day before departure 70%
from the 2nd day before departure until the day of departure or in the event of non-commencement of the journey 95% of the price of the journey;

c) cruises in the Galapagos Archipelago

up to the 75th day before departure 30%
from the 74th day prior to departure: 80%
from the 60th day prior to departure 90%
from the 30th day prior to departure until the day of departure or in the event of non-commencement of the tour 95% of the tour price;

5.4. In any case, the customer is at liberty to prove to GPG that GPG has suffered no loss at all or that the loss is significantly less than the flat-rate compensation demanded by GPG.

5.5. A compensation lump sum according to clause 5.3 shall be deemed not to be fixed and agreed if GPG proves that GPG has incurred significantly higher expenses than the calculated amount of the lump sum according to clause 5.3. In this case, GPG shall be obliged to specifically specify and justify the requested compensation, taking into account the saved expenses and the acquisition of any other use of the travel services.

5.6. If GPG is obliged to refund the travel price as a result of a withdrawal, § 651h para. 5 BGB remains unaffected.

5.7. The statutory right of the customer to request GPG to subrogate a third party to the rights and obligations arising from the package travel contract in accordance with § 651 e of the German Civil Code (BGB) by means of notification on a durable medium remains unaffected by the above conditions. Such a declaration is in any case timely if it is received by GPG 7 days prior to the start of the tour.

5.8. GPG strongly recommends that you take out travel cancellation insurance and insurance to cover repatriation costs in the event of accident or illness.

6. Rebooking

6.1. The customer has no right to change the date of travel, the destination, the place of departure, the accommodation, the type of catering, the type of transport or other services (rebooking) after conclusion of the contract. This does not apply if the rebooking is necessary because GPG has provided no, insufficient or incorrect pre-contractual information to the traveller in accordance with Article 250 § 3 EGBGB; in this case the rebooking is possible free of charge.

6.2. Rebooking requests made by the customer after the expiry of the deadlines for the second cancellation level in each case can, if they can be implemented at all, only be implemented after withdrawal from the package tour contract in accordance with section 5 on the terms and conditions and simultaneous re-registration. This is not applicable for rebookings which only cause minor costs.

7. Unused Services

If the customer does not make use of individual travel services duly offered to him/her for any reasons that he/she is responsible for (e.g. due to early return or for other compelling reasons), he/she shall not be entitled to a pro-rata refund of the travel price. GPG will make an effort to obtain reimbursement for saved expenses from the service provider. This obligation shall not apply when the services are absolutely insignificant or when a refund is in conflict with legal or official regulations.

8. Cancellation for Not Reaching the Minimum Number of Participants

8.1. GPG can cancel the travel subject to the following provisions when the minimum number of participants is not reached:

a) The minimum number of participants as well as the latest possible time of cancellation by GPG must be specified in the respective travel brochure or, in case of uniform regulations for all travels or certain types of travels, in a general note in the catalogue or in a general service description.

b) GPG must indicate the minimum number of participants and the latest possible date of cancellation in the booking confirmation or include a reference to the respective specifications in the catalogue.

c) GPG is obliged to immediately notify the traveler of the cancellation of travel as soon as it is certain that the travel will not take place because the minimum number of participants has not been reached.

d) A cancellation by GPG later than 30 days before the start of travel is inadmissible.

8.2. If the tour is not carried out for this reason, GPG is obliged to refund the tour price; section 5.6 applies accordingly.

9. Customer`s Obligation of Deficiencies Notification

9.1. Travel documents

The customer must inform GPG or his travel agent through whom the customer booked the package tour if the customer does not receive the necessary travel documents (e.g. air ticket, hotel voucher) within the period of time notified by GPG.

9.2 Notification of defects / request for remedy

a) If the tour is not free of travel defects, the traveller may demand a remedy.

b) If GPG is unable to provide a remedy as a result of a culpable failure to notify a defect, the traveller may neither assert claims for a reduction in price in accordance with § 651m BGB (German Civil Code) nor claims for damages in accordance with § 651n BGB (German Civil Code).

c) The traveller is obliged to immediately inform GPG’s representative on site of the defect. If a GPG representative is not available on site and is not contractually owed, any travel defects must be brought to the attention of GPG at the GPG contact point provided; the availability of the GPG representative or his local contact point will be stated in the travel confirmation. However, the traveller may also bring the notice of defects to the attention of his travel agent through whom he booked the package tour.

d) GPG’s representative is commissioned to provide a remedy, insofar as this is possible. However, he is not authorised to acknowledge any claims.

9.3. Setting a deadline before cancellation

If the customer/traveller wishes to terminate the package tour contract due to a travel defect of the type described in § 651i (2) of the German Civil Code (BGB), insofar as it is significant, in accordance with § 651l of the German Civil Code (BGB), the customer must first set GPG a reasonable deadline for remedial action. This does not apply only if the remedy is refused by GPG or if the immediate remedy is necessary.

9.4 Damage to baggage and baggage delays during air travel; special rules & deadlines for requesting remedy.

a) The passenger is advised that, in accordance with the provisions of aviation law, loss, damage and delay of baggage in connection with air travel must be reported immediately by the passenger to the responsible airline on the spot by means of a notice of claim (“P.I.R.”). Airlines and GPG may refuse reimbursement on the basis of international overrides if the damage report has not been completed. The claim must be filed within 7 days in the case of damaged baggage and within 21 days in the case of delayed baggage.

b) In addition, GPG, its representative or contact point or the travel agent must be notified immediately of any loss, damage or missing luggage. This does not release the passenger from the obligation to report the damage to the airline in accordance with a) above within the above deadlines.

10. Limitation of liability

10.1. GPG’s contractual liability for damages that do not result from injury to life, limb or health and are not culpably caused is limited to three times the tour price. Possible additional claims under the Montreal Convention or the Air Transport Act remain unaffected by this limitation of liability.

10.2. GPG is not liable for disruptions to services, personal injury or damage to property in connection with services which are merely arranged as third-party services (e.g. arranged excursions, sporting events, theatre visits, exhibitions) if these services are expressly and clearly identified as third-party services in the travel brochure and the travel confirmation, stating the identity and address of the arranged contractual partner, in such a way that the traveller can recognise that they are not part of the GPG package tour and have been selected separately. Sections 651b, 651c, 651w and 651y of the German Civil Code (BGB) remain unaffected by this.

10.3. GPG is liable, however, if and to the extent that the damage suffered by the traveller was caused by a breach of GPG’s duties to inform, educate or organise.

11. Assertion of claims, Addressee

The customer/traveller must assert claims against GPG in accordance with § 651i (3) no. 2, 4-7 BGB. Claims may also be asserted via the travel agent if the package tour was booked via this travel agent. The contractual claims listed in § 651 i (3) BGB are subject to a limitation period of two years. The limitation period begins on the day on which the trip should end according to the contract. It is recommended that claims be asserted in text form.

12. Obligation of GPG to Inform about the Identity of the Operating Airline Company

12.1. In accordance with the EU regulation on informing air transport passengers of the identity of the operating air carrier, GPG in its position as an agent shall inform the customer of the identity of the airline company performing all of the air transport services to be rendered within the framework of the booked travel prior to or at the latest at the time of booking.

12.2. In case GPG is notified by the operating airline company/companies, in reference to arranged flights by GPG, of a change in the operating airline company/companies, GPG must inform the customer of the change without delay within its position as an agent.

12.3. In case of this change, GPG is entitled and obligated to refer the customer directly to the particular airline.

12.4. The “blacklist” prepared according to EC Regulation (airline companies subject to an operating ban within the airspace of the member states) can be found on the website https://transport.ec.europa.eu/transport-themes/eu-air-safety-list_de

13. Passport, Visa, and Health Regulations

13.1. GPG shall inform nationals of a country of the European Communities in which the travel is offered about the provisions of passport, visa and health regulations before concluding the contract and shall inform them about changes in such regulations, if any, before the start of travel. Nationals from other countries can obtain information from their respective consulate. In this case, it is assumed that the customer and any possible traveling companions do not involve any particularities (e.g. dual citizenship, statelessness).

13.2. The customer is responsible for obtaining and carrying the officially required travel documents, for receiving vaccinations that may be required, and for complying with customs and foreign exchange regulations. Any disadvantages that may result from a failure to observe such regulations, e.g. the payment of cancellation costs, shall be at the customer’s expense. This shall not apply if GPG failed to inform or provided insufficient of wrong information.

13.3. If GPG was entrusted with the visa application, GPG shall not be responsible for ensuring that the visas required are issued and sent by the respective consular authorities in good time, unless GPG has negligently failed in its own duties.

14. Special provisions relating to pandemics (particularly coronavirus)

14.1. The parties agree that the service provider will always perform the agreed travel services in compliance and in accordance with the official requirements and stipulations applicable at the time of travel.

14.2. The Traveller declares that he/she agrees to comply with reasonable usage rules or restrictions of the service provider when taking advantage of travel services and to promptly notify the tour leader and the service provider in the event that he/she suffers typical symptoms of illness.

15. Choice of Law and Place of Jurisdiction

15.1. With regard to the law on consumer dispute settlement, GPG hereby indicates that GPG will not participate in any voluntary consumer dispute settlements. If consumer dispute settlements become obligatory for GPG, GPG will inform the consumers in a suitable format. GPG refers to the European online dispute resolution platform https://ec.europa.eu/consumers/odr/ for all contracts concluded in electronic commerce

15.2. For customers/travelers who are not nationals of a member state of the European Union or Swiss nationals, it is agreed that the entire legal and contractual relationship between the customer/traveler and GPG shall be exclusively governed by German law. Such customers/travelers can sue GPG exclusively at the place where GPG has its seat.

15.3. For actions brought by GPG against customers or contract partners of the travel contract who are registered merchants, legal entities under public or private law, or persons having their domicile or habitual place of residence abroad or whose domicile or habitual place of residence is not known at the time the lawsuit is brought to trial, it is agreed that the seat of GPG shall be the place of jurisdiction.

16. English Text serves only for Information

The English version of this text serves only for information and is not part of this legal transaction. Therefore, in the event of any inconsistency between the German and the English version, only the German version shall apply.

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Stuttgart | Munich, 2014 – 2018