General Terms and Conditions of Travel (T&C)

CONSAFARITY is a registered trademark of NATUCATE GmbH, therefore the GTC of NATUCATE GmbH - as of 01.07.2018 apply.

The following General Terms and Conditions (GTC) become part of the package travel contract concluded between the customer (=traveler) and the tour operator NATUCATE GmbH (hereinafter referred to as NATUCATE) to the extent that they are effectively agreed. The GTC supplement the statutory provisions of §§ 651a ff. BGB and Articles 250 and 252 of the EGBGB and fill them out. When booking a package tour, the contractual partner of the tour operator is the traveler - it is irrelevant whether the traveler himself uses the package tour or concludes the contract for another traveler.
These GTC expressly do not apply if the traveler does not book a package tour within the meaning of §§ 651a ff. BGB, but only individual travel services (e.g., accommodation only, rental car) from NATUCATE. This also applies if NATUCATE explicitly acts as a travel agent for an individual travel service or a linked travel service in accordance with § 651w BGB and expressly points this out to the traveler separately and unambiguously before booking.
These GTC also do not apply to contracts for trips if the traveler is an entrepreneur with whom NATUCATE has concluded a framework agreement for the organization of business trips in accordance with §651a Abs.5 lit.3 BGB for the business purposes of the traveler.

1. Conclusion of the package travel contract
   1.1 The basis of this offer is the travel description of NATUCATE in the catalog or brochure, on its website, in an individual offer or any other medium of NATUCATE, together with additional information from NATUCATE for the respective trip, provided these are available to the traveler at the time of booking. By registering for the trip (booking), the traveler offers NATUCATE to conclude the package travel contract for the specified persons in a binding manner. The traveler is responsible for all contractual obligations of fellow travelers for whom he makes the booking, as for his own, provided he has assumed this obligation by express and separate declaration.
   1.2 The contract is concluded upon receipt of the travel confirmation (declaration of acceptance) from NATUCATE. NATUCATE will transmit a travel confirmation to the traveler on a permanent data carrier at or immediately after conclusion of the contract. If the contract is concluded with simultaneous physical presence, the traveler is entitled to a travel confirmation in paper form; the same applies to a contract concluded outside business premises.
   1.3 If the travel confirmation deviates in content from the travel registration, this travel confirmation shall be deemed a new offer to which NATUCATE is bound for a period of ten days. The contract is concluded on the basis of this new offer if NATUCATE has pointed out the change and has fulfilled its pre-contractual information obligations in this regard, and if the traveler expressly or implicitly declares acceptance to NATUCATE within the binding period by (pre-)payment of the travel price.
   1.4 NATUCATE points out that bookings of package tours in distance selling (e.g., by telephone, email) cannot be revoked in accordance with §§ 312 para. 7, 312g para. 2 sentence 1 no. 9 BGB. However, the right of withdrawal exists if the contract for the package tour between NATUCATE and the traveler, who is a consumer, has been concluded outside business premises, unless the oral negotiations on which the conclusion of the contract is based have been conducted at the consumer's previous request.
2. Payment
   2.1 After conclusion of the contract, a deposit of 20% of the travel price is due if the security certificate has been transmitted to the traveler in text form in accordance with §651r para. 4 sentence 1 BGB, Art. 252 EGBGB.
   The remaining amount is due for payment four weeks before the start of the journey, provided that the trip cannot be canceled for the reasons stated in clause 7.1 and the security certificate has been transmitted in text form. If a trip can still be canceled for the reasons stated in clause 7.1, the remaining amount for this trip is only due at the time when NATUCATE can no longer cancel the trip.
   2.2 In the case of last-minute bookings, i.e., bookings made so shortly before the start of the journey that the entire travel price is already due or NATUCATE can no longer cancel the trip due to failure to reach the minimum number of participants, the entire travel price is due for payment immediately after transmission of the security certificate in text form.
   2.3 Premiums for insurance and other expenses such as cancellation and rebooking fees are due for payment in full after invoicing.
   2.4 If the traveler does not make the deposit or final payment despite receiving the security certificate by the respective due date, NATUCATE is entitled to withdraw from the contract after a reminder with a deadline and to charge the traveler with the cancellation costs regulated in clauses 4.1 ff.
3. Services and changes to services
   3.1 The contractual services result from the service description of NATUCATE valid at the time of conclusion of the contract in connection with the service descriptions contained in the catalog, on the website, in an individual offer, or any other medium of NATUCATE for the respective trip, as well as the content of the travel confirmation of NATUCATE, including all associated explanations and additional agreements in accordance with the legal regulations of §§ 651a ff. BGB.3.2 Employees of service providers (e.g. airlines, hotels) and travel agents are not authorised by NATUCATE to give assurances or information or to make agreements that go beyond the travel advertisement, the booking confirmation or the pre-contractual information provided by NATUCATE in accordance with Art. 250 § 3 EGBG, or that contradict or amend the confirmed content of the package travel contract.
   3.3 Deviations of individual services from the agreed content of the package travel contract, which become necessary after the conclusion of the contract and were not caused by NATUCATE against good faith, are only permitted if the deviations are not significant and do not impair the overall layout of the booked package tour. This does not apply to the provision of services in emergency situations, which may become necessary for the safety of the traveler.
   3.4 In the event of significant changes to essential travel services, NATUCATE will inform the traveler in accordance with the legal regulations. In this case, the traveler is entitled to withdraw from the contract free of charge or to request participation in another trip if NATUCATE is able to offer such a trip from its offer without additional costs for the traveler. The traveler must assert these rights against NATUCATE immediately after being notified of the change to the travel service.
   a) to accept the notified change to the travel service or deviation from the special requirement,
   b) to withdraw from the contract without cancellation costs, or
   c) to declare participation in a substitute package tour offered by NATUCATE, if applicable.
   If the Traveller does not respond to NATUCATE or does not respond within the reasonable period set, the change or deviation shall be deemed to have been accepted. NATUCATE shall inform the Traveller of this, as well as of the significant change or deviation from a special requirement, immediately after becoming aware of the reason for the change, together with the notification of the Traveller's rights and a deadline for explanation, in a clear, comprehensible and prominent manner on a durable medium.
   3.5 Any warranty claims remain unaffected if the modified services are defective. If the replacement package tour or modified package tour carried out is not of at least equivalent quality to the package tour originally owed, the travel price shall be reduced in accordance with Section 651m (1) BGB; if NATUCATE incurs lower costs with equivalent quality, the traveller shall be reimbursed the difference in accordance with Section 651m (2) BGB.
4. Resignation by the traveler, rebooking, replacement participant
   4.1 The traveler can withdraw from the package travel contract at any time before the start of the journey. The withdrawal must be declared to NATUCATE in writing. The decisive factor is the receipt of the declaration of withdrawal by NATUCATE. If the traveler withdraws from the contract or does not start the trip, NATUCATE loses the right to the travel price but can demand reasonable compensation for the travel arrangements made and expenses incurred in accordance with the following flat-rate cancellation fees. These flat-rate cancellation fees are determined according to the closeness of the time to the start of the trip, based on the estimated expenses saved and the expected acquisition through other uses of the travel services.
   4.2 If the traveller withdraws before the start of the trip or does not start the trip, NATUCATE shall lose its claim to the travel price. Instead, NATUCATE may demand reasonable compensation from the traveller. This shall not apply if NATUCATE is responsible for the cancellation or if unavoidable, extraordinary circumstances occur at the destination or in its immediate vicinity which significantly impair the performance of the package tour or the transport 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.
   4.3 NATUCATE has defined this compensation claim to which it is entitled in the following cancellation fees. The calculation shall be made taking into account the time of the cancellation declared by the traveller up to the contractually agreed start of the trip, the expected savings in expenses and the expected acquisition through alternative use of the travel services.
   The compensation shall be calculated as follows according to the time of receipt of the declaration of cancellation by NATUCATE or the travel agent:
   a) General cancellation fee:
   • up to the 30th day before departure 20% of the total price up to the 15th day before departure 30% of the total price
   • up to the 7th day before departure 50% of the total price
   • up to the 2nd day before departure 70 % of the total price
   • 95% of the total price from the day before departure or in the event of non-commencement of the trip
   b) Special cancellation fee:
   • Special offers/specials, individually prepared group tours may be subject to special cancellation conditions, to which explicit reference is made in the respective service description or travel advertisement/offer and the travel confirmation in accordance with Art. 250 §§ 3, 6 EGBG.
   4.4 The Traveller shall in any case be at liberty to prove to NATUCATE that NATUCATE is only entitled to demand significantly lower reasonable compensation as a result of the cancellation.
   4.5 NATUCATE reserves the right to demand higher, specifically calculated compensation instead of the above cancellation lump sums if NATUCATE can prove that significantly higher expenses were incurred than the applicable cancellation lump sum. In this case, NATUCATE shall be obliged to specifically quantify the compensation claimed, taking into account the expenses saved and less what it acquires through other use of the travel services, and to justify this at the request of the traveller.
   4.6 NATUCATE expressly recommends taking out travel cancellation insurance.
   4.7 If NATUCATE is obliged to refund the travel price as a result of a cancellation, the refund must be made immediately, and in any case within 14 days of the cancellation.
   4.8 The statutory right of the traveller to declare a transfer of the contract to another traveller on a durable medium in accordance with Section 651e BGB (provision of a substitute participant) shall remain unaffected by the above provisions, provided that this notification is received by NATUCATE no later than seven days before the start of the trip.
5. Rebooking by the traveller before the start of the trip
   5.1 The traveller has no legal right to change the date of travel, the destination, the place of departure, the accommodation or the mode of transport (rebooking). Of course, this shall not apply if a rebooking is necessary due to incomplete or incorrect pre-contractual information in accordance with Art. 250 § 3 EGBG; such a rebooking shall be carried out free of charge for the traveller.
   5.2 If NATUCATE makes a rebooking at the request of the traveller in accordance with Section 5.1 sentence 1, a rebooking fee of €30 per transaction shall be charged up to the 30th day prior to departure, which shall be paid by the traveller in addition to any new travel price for the rebooked service; the traveller shall be informed of any new travel price resulting from the rebooking prior to the rebooking.
   5.3 Rebooking requests by the traveller from 29 days before the start of the trip can only be carried out, if at all possible, after cancellation of the travel contract in accordance with Clause 4.3 under the conditions applicable there and simultaneous re-registration. This does not apply to rebooking requests that only incur minor costs.
   Services not utilised. 
6. Services not utilised
   If the Traveller does not make use of individual travel services that NATUCATE has duly offered for reasons for which the Traveller is responsible, the Traveller shall not be entitled to a pro rata refund of the travel price. NATUCATE shall endeavour to obtain reimbursement of the expenses saved from the service providers. This obligation shall not apply in the case of completely insignificant services or if statutory or official regulations prevent reimbursement. NATUCATE recommends taking out travel cancellation insurance.
7. Cancellation due to failure to reach the minimum number of participants and cancellation by NATUCATE
   7.1 NATUCATE may only withdraw from the package travel contract if the minimum number of participants is not reached if NATUCATE
   a) specifies the minimum number of participants in the pre-contractual information regarding the booked package tour and the date by which the traveller must have received the declaration at the latest before the contractually agreed start of the tour, and
   b)states the minimum number of participants and the latest cancellation deadline in the travel confirmation. Cancellation must be declared to the traveller no later than the date specified in the pre-contractual information and the travel confirmation. If it is already apparent at an earlier point in time that the minimum number of participants cannot be reached, NATUCATE must immediately exercise its right of cancellation. If the trip is not carried out for this reason, NATUCATE must refund any payments made by the Traveller without delay and in any case within 14 days of the declared cancellation.
   7.2 NATUCATE may terminate the package travel contract without notice if the Traveller persistently disrupts the performance of the trip despite a warning by NATUCATE or behaves in breach of contract to such an extent that the immediate cancellation of the contract is justified; this shall not apply if the breach of contract is due to a breach of pre-contractual information obligations. If NATUCATE cancels the contract, NATUCATE shall retain its claim to the travel price, but must offset the value of the expenses saved and the benefits that NATUCATE obtains from any other use of the unused services, including the amounts credited to it by its service providers.
8. Obligations of the traveller to cooperate
   8.1 Travel documents
   The Traveller must inform NATUCATE or the travel agent with whom he has booked the package tour if he does not receive the required travel documents (e.g. e-ticket vouchers, hotel vouchers) within the period communicated by NATUCATE.
   8.2 Notification of defects
   NATUCATE is obliged to provide the package holiday to the Traveller free of travel defects. If this is not the case, the Traveller is obliged to notify NATUCATE of any travel defects without delay. To this end, the Traveller must immediately notify NATUCATE's representative on site of the defect. If a NATUCATE representative is not available on site and is not contractually obliged, the Traveller must notify NATUCATE directly of the defects that have occurred. The contact details of NATUCATE's local representative and their availability, as well as NATUCATE's contact details for reporting travel defects, can be found in the travel confirmation. The traveller also has the option of submitting their complaint to the travel agent with whom they booked the package holiday.NATUCATE's representative is authorised to take remedial action where possible. However, it is not authorised to recognise claims.

   Insofar as NATUCATE was unable to remedy the situation due to a culpable failure to report the defect, the traveller may neither assert claims for a reduction in price pursuant to Section 651m BGB nor claims for damages pursuant to Section 651n BGB.

   8.3 Setting a deadline before cancellation
   If a traveller wishes to terminate the package travel contract due to a significant travel defect of the type specified in Section 651i BGB in accordance with Section 651l BGB, the traveller must first set NATUCATE a reasonable deadline for remedial action. This shall only not apply if NATUCATE refuses to provide a remedy or if an immediate remedy is necessary.
   8.4 Baggage delay and damage:
   a) In accordance with air traffic regulations, the traveller must report damage to his/her baggage or loss or delay of baggage immediately on site to the responsible airline by means of a damage report (P.I.R.) and obtain a confirmation in text form for reasons of proof. Both airlines and NATUCATE generally refuse refunds in this respect on the basis of international agreements if the damage report has not been completed. The damage report must be submitted within 7 days of delivery in the case of damaged baggage and within 21 days of delivery in the case of delayed baggage.
   b) In addition, NATUCATE must be notified immediately of any damage, loss or delay to baggage in accordance with the provisions of Section 8.2. Notifying NATUCATE does not release the traveller from the obligation to notify the responsible airline of the damage in due time in accordance with a).

9. Limitation of liability
   9.1 NATUCATE's contractual liability for damages that do not result from injury to life, limb or health shall be limited to three times the travel price, provided that these were not culpably caused. If international agreements or statutory provisions based on such agreements apply to a travel service, according to which a claim for damages against the service provider only arises or can be asserted under certain conditions or restrictions or is excluded under certain conditions, NATUCATE may also invoke this vis-à-vis the traveller.
   9.2 NATUCATE shall not be liable for service disruptions, personal injury and damage to property in connection with services that are merely arranged as third-party services, such as excursions, sporting events, musical performances, exhibitions, if these services are expressly and clearly labelled as third-party services in the travel advertisement and the booking confirmation, stating the identity and address of the arranged contractual partner, so that it is recognisable to the Traveller that these are not part of NATUCATE's package tour. However, NATUCATE shall be liable for these services if and insofar as the breach of information, clarification or organisational obligations on the part of NATUCATE was the cause of damage to the Traveller.
   9.3 NATUCATE shall not be liable for services which are used by the Traveller as part of the package tour and which are not arranged or organised by NATUCATE or its local representatives but, for example, by the hotel or other persons or companies on their own responsibility.
10.  Assertion of claims, consumer dispute resolution
    10.1 Claims in accordance with Sections 651i (3) No. 2, 4-7 BGB must be asserted by the Traveller against NATUCATE. Claims may also be asserted by the traveller via the travel agent with whom they booked the package tour. It is recommended that claims be asserted on a durable medium.
    10.2 The assignment of claims against NATUCATE to third parties who are not travellers is excluded.
    10.3 In accordance with Section 36 of the German Consumer Dispute Resolution Act (VSBG), NATUCATE points out that NATUCATE does not participate in dispute resolution proceedings before a consumer arbitration board and is not legally obliged to do so. Should a legal obligation to participate in such a dispute resolution procedure arise after printing or should NATUCATE participate voluntarily, NATUCATE will inform travellers of this on a durable medium.
11.  Passport, visa and health regulations
    11.1 NATUCATE shall inform the Traveller of the general passport and visa requirements of the country of destination, including the approximate deadlines for obtaining any necessary visas, as well as health formalities prior to conclusion of the contract and any changes thereto prior to departure.
    11.2 The traveller is responsible for obtaining and carrying the travel documents required by the authorities, any necessary vaccinations and compliance with customs and foreign exchange regulations. Any disadvantages arising from non-compliance with these regulations, e.g. the payment of cancellation costs, shall be borne by the traveller. This does not apply if NATUCATE has not provided information or has provided insufficient or incorrect information.
    11.3 NATUCATE shall not be liable for the timely issue and receipt of necessary visas by the respective diplomatic representation if the traveller has commissioned NATUCATE to obtain them, unless NATUCATE has culpably breached its own obligations.
12.  Information on the identity of operating air carriersThe EU Regulation on informing air passengers of the identity of the operating air carrier obliges NATUCATE to inform the traveller of the identity of the operating air carriers of all air transport services to be provided as part of the booked trip at the time of booking. If the operating airline has not yet been determined at the time of booking, NATUCATE is obliged to inform the traveller of the airline or airlines that will probably operate the flight or flights. As soon as NATUCATE knows which airline will operate the flight, NATUCATE must inform the Traveller. If the airline named to the Traveller as the operating airline changes, NATUCATE must inform the Traveller of the change. NATUCATE must immediately take all reasonable steps to ensure that the Traveller is informed of the change as soon as possible.

    The list of airlines banned from operating in the EU (so-called "black list") can be found on the following website: https://ec.europa.eu/transport/modes/air/safety/air-ban_de

13.  Applicable law, place of jurisdiction
    13.1 The contractual relationship between the Traveller and NATUCATE shall be governed by German law.
    13.2 The Traveller may only sue NATUCATE at its registered office. For actions brought by NATUCATE against the Traveller, the Traveller's place of residence shall be decisive. For legal actions against Travellers who are merchants, legal entities under public or private law or persons, the place of jurisdiction shall be the registered office of NATUCATE, provided that these GTC are applicable to the Traveller's company due to the absence of a framework agreement for the handling of business trips. The same shall apply to travellers who have their domicile or habitual residence in a third country or whose domicile or habitual residence is unknown at the time the action is brought
    13.3 The above provisions shall not apply,
    a) if and to the extent that contractually non-waivable provisions of international agreements applicable to the package travel contract between the Traveller and NATUCATE provide otherwise in favour of the Traveller, or
    b) if and to the extent that non-modifiable provisions applicable to the package travel contract in the EU Member State to which the traveller belongs are more favourable to the traveller than the above provisions or the corresponding German provisions.

    Status: 01.07.2018 / ©JD

Tour operator:
NATUCATE GmbH
Jakobstr. 185-189
52064 Aachen
Telefon: +49 241 - 91 99 43 57
Fax: +49 241 - 961 066 86
E-Mail: ...
Managing Directors: Daniel Kaul, Theda Gräfin zu Innhausen und Knyphausen

Data protection notice
The personal data provided by travellers when booking the package tour will be processed electronically and used by NATUCATE GmbH and its service providers (carriers, hotels, incoming agencies, database providers for entry and health regulations) and processed and stored in the AMADEUS/SABRE reservation system (GDS) used worldwide, insofar as they are necessary for the execution of the contract. Due to a US federal law on the search for terrorists, airlines are obliged to disclose the flight and reservation details of every passenger to the US Transportation Security Administration (TSA) before travelling to the USA. Without this data transfer, entry into the USA is not possible - this also applies to stopovers and connecting flights. This data must also be transmitted for flights to other countries that only touch US airspace.

The provisions of the GDPR apply. The detailed data protection information, including the rights of travellers, is available at https://www.natucate.com/en/privacy-policy , can be requested using the contact details of NATUCATE GmbH or will be made available at the time the data is collected (travel enquiry / travel booking). 

Distance selling contracts:

NATUCATE GmbH points out that bookings of package holidays by distance selling (e.g. by telephone, e-mail) cannot be cancelled in accordance with Sections 312 (7), 312g (2) sentence 1 no. 9 BGB. However, a right of cancellation exists if the contract for the package tour between NATUCATE GmbH and the traveller, who is a consumer, has been concluded outside of business premises, unless the verbal negotiations on which the conclusion of the contract is based have been conducted at the prior request of the consumer.

Travel insurance:

NATUCATE GmbH generally recommends taking out travel cancellation insurance and foreign travel health insurance, including cover for repatriation costs in the event of accident or illness.