General Terms and Conditions (GTC)

Version 3.0 of 17 June 2025

§ 1 Scope

(1) These General Terms and Conditions (GTC) apply to all contracts for participation in guided trips in Cape Town between the tour operator Escape the Comfort Zone, owner Jennifer Mosch, Berliner Ring 95, 64625 Bensheim, phone: 01711216637, email: info.escapethecomfortzone@gmail.com (hereinafter the "Provider") and the customers (hereinafter the "Customer" or "Participant").

(2) Customers may be both consumers and entrepreneurs. These GTC apply to trips organised both privately and commercially.

(3) All agreements made between the parties arise in particular from these general terms and conditions and the individual agreements between the parties. The version of the GTC valid at the time the contract is concluded shall apply.

(4) Deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract unless the Provider expressly agrees to their validity in writing.

§ 2 Description of Services

(1) The Provider offers organised trips that include the following services:

• Tour guidance: The trip is led by the tour guide Jennifer Mosch. She is responsible for the organisation and execution of the trip and is available to participants as a contact person throughout the trip.
• Destination: The trip goes to Cape Town and the surrounding area, where various sights and attractions in the region are visited and explored.
• Accommodation: Overnight stays take place in pre-booked accommodation that offers breakfast, which is included in the trip price. The accommodation is selected by the Provider based on comfort and location. Participants are accommodated in shared rooms, which may include double beds. Accommodation in shared rooms does not constitute grounds for complaints or withdrawal. The Provider may change the choice of accommodation for organisational or other important reasons, informing participants in good time and ensuring the new accommodation meets the original comfort and location criteria.

(2) The following services are expressly not included and must be organised and paid for by the customer:

• Transfers: All transfers, such as flights and local transport, are not included. The customer is responsible for booking and paying for these.
• Insurance: Travel cancellation and other travel insurance are not included. The customer must take these out independently.
• Meals: Lunch and dinner are generally not included unless stated otherwise, and must be organised and paid for by the customer. In some cases meals may be partially included, which is then indicated separately.

(3) The Provider reserves the right to update or change the description of services at any time. Changes are communicated to the customer in good time before the start of the trip.

(4) The Provider endeavours to carry out the trip as described. Should a change to the route or accommodation be necessary, the Provider will inform the customer as early as possible and provide equivalent alternatives.

§ 3 Conclusion of Contract

(1) The presentations of trips on the website are non-binding and do not constitute a binding offer to conclude a contract.

(2) The contract is concluded through the Provider’s acceptance of the customer’s booking request. The customer’s booking request constitutes a binding offer to conclude a contract. The Provider may accept this offer by expressly confirming the booking or through implied conduct, such as receipt of the deposit.

(3) Booking requests can be made via the Provider’s website, by email, telephone, WhatsApp, or in person.

(4) The booking is accepted by the Provider after receipt of the deposit and after checking the participation requirements. Once the Provider has received the deposit and verified the requirements, the booking is accepted and the contract is concluded. The Provider will inform the customer of the acceptance of the booking and the conclusion of the contract.

§ 4 Prices and Payment Terms

(1) The prices stated in the respective offers are total prices and include all price components including all applicable taxes. The details of the travel price arise from the respective offer.

(2) The customer must make a deposit within 14 days of receiving the confirmation of participation. The full or remaining amount must be paid no later than 30 days before the start of the trip. The deposit amounts to 30% of the total price and serves to secure the booking and cover the costs incurred for reservations and organisational measures. The remaining amount corresponds to the remaining part of the total price.

(3) For bookings made less than 30 days before the start of the trip, the full amount must be paid within 48 hours of booking, in order to secure the short-term booking and ensure participation.

(4) Payment options are bank transfer, credit card and, where applicable, other payment methods accepted by the Provider. The specific payment methods are shown to the customer during the booking process.

(5) Should the customer fail to pay the remaining amount no later than 30 days before the start of the trip, they will receive a reminder with a grace period of 7 days. If no payment is made within this grace period, the Provider is entitled to terminate the travel contract without notice and to allocate the travel place elsewhere. In this case the deposit is forfeited as lump-sum compensation. The customer may prove that the Provider incurred a lower loss. In the event of cancellation by the customer, the cancellation conditions under these GTC apply.

(6) All payments are made in euros. Any bank charges or exchange rate differences are borne by the customer. The Provider is not responsible for additional costs arising from international transfers or currency conversions. The customer should ensure that the full amount is received by the Provider without deductions.

(7) After receipt of payment, the Provider issues the customer with a payment confirmation and an invoice. These documents serve as proof of the payments made and contain all relevant information on the booking and payment conditions.

§ 5 Cancellation, Rebooking, Replacement Person

(1) The customer may cancel or rebook the booked trip. The cancellation and rebooking conditions agreed at the time of booking are decisive.

(2) Cancellations or rebookings must be sent to the Provider in writing by email or post and only become effective once the Provider confirms them in writing.

(3) Cancellation or rebooking fees may apply, depending on the time of cancellation or rebooking and, where applicable, the provisions of the respective service providers (e.g. hotel).

(4) The following provisions apply to cancellations:

• Cancellation up to 30 days before the start of the trip: 30% of the travel price as a cancellation fee.
• Cancellation between 29 and 22 days before: 40% of the travel price.
• Cancellation between 21 and 15 days before: 60% of the travel price.
• Cancellation between 14 and 7 days before: 70% of the travel price.
• Cancellation between 6 and 2 days before: 90% of the travel price.
• Cancellation up to one day before the start of the trip and in the case of no-show: 95% of the travel price.

(5) The customer has no right to rebooking if it is requested less than 14 days before the originally booked travel date; in that case the cancellation conditions above apply. The Provider may allow exceptions at its own discretion where organisationally possible.

(6) Rebookings are only possible within the Provider’s range of offers. The customer cannot rebook to trips or services not offered by the Provider. The Provider may exclude certain trips or dates from rebooking, in particular for special offers or high-demand dates.

(7) Rebookings are only free of charge once, under the above conditions. Further rebookings are treated as cancellation and new booking and are subject to the corresponding conditions. The Provider may charge additional fees for each further rebooking.

(8) The customer is asked to make rebooking requests as early as possible. The Provider will endeavour to process them promptly and to inform the customer of acceptance or rejection, but accepts no liability for delays or inconvenience caused by late requests.

(9) The Provider may reject rebookings if the desired new trip or date is fully booked or otherwise unavailable. In that case the customer is asked to choose an alternative within the Provider’s range of offers. If no suitable alternative can be found, the cancellation conditions apply.

(10) The Provider may withdraw from the contract if this is necessary due to special circumstances.

(11) It is pointed out that the Provider has the legal right to withdraw from the contract due to unavoidable, extraordinary circumstances.

(12) In the event of illness or another valid reason, the Provider is entitled to appoint a suitable replacement person to provide the contractually agreed services on site. The Provider will inform participants immediately and ensure the replacement person has the necessary qualifications and experience.

(13) The appointment of a replacement person does not give rise to any rights of withdrawal for participants, provided the agreed services are properly provided. Participants must accept the services of the replacement person, provided these meet the contractual requirements.

(14) Any additional costs arising from the appointment of a replacement person are borne by the Provider, provided they were not caused by the participant.

(15) The Provider is liable for the actions and services of the replacement person to the same extent as for its own, in accordance with the general liability provisions of these GTC.

§ 6 Participation Requirements

(1) The Provider may exclude participants from the trip if the requirements presented at booking are not met; in that case the cancellation conditions apply. The Provider accepts no liability for costs or damages arising from non-fulfilment of the requirements.

(2) The participant must have all necessary evidence and documents ready before the start of the trip and present them on request, in particular proof of insurance, medical certificates and vaccination certificates. The Provider may check the authenticity and validity of the documents presented.

(3) By registering, the participant declares that they have read, understood and meet the participation requirements. The Provider accepts no responsibility for the accuracy of the information provided; the participant is liable for all damages arising from incorrect or incomplete information.

(4) The Provider’s trips are aimed exclusively at adults; only persons of legal age may participate. The Provider may exclude participants who do not meet this age requirement; in that case the cancellation conditions apply.

§ 7 Instructions and Exclusion

(1) The instructions of the Provider must be followed. The participant undertakes to fully comply with the instructions of the Provider, its representatives and the tour guides throughout the trip, in particular safety-related instructions, organisational directives and the legal provisions in the destination country.

(2) Failure to comply may lead to exclusion from the trip, at the Provider’s discretion and without prior warning, in particular where the participant’s behaviour endangers the safety of the group, disrupts the running of the trip or violates the laws of the destination country.

(3) In the event of exclusion due to non-compliance, the participant has no right to a refund of participation costs already paid, and the Provider bears no costs for the return journey. All additional costs are borne by the participant. The Provider is not liable for damages or losses arising from the exclusion.

(4) In serious cases the Provider may take legal action against the participant if their behaviour causes damage to persons, property or the Provider’s reputation. The participant undertakes to compensate all such damages and costs.

(5) The Provider informs the participant of the most important rules of conduct before the trip. By registering, the participant agrees to follow them and acknowledges the consequences of non-compliance. The Provider may adjust the rules during the trip and inform the participant accordingly.

(6) The participant must inform themselves of the legal provisions of the destination country before the trip and observe them throughout. The Provider accepts no liability for the participant’s violations; the participant is liable for all resulting consequences and damages.

§ 8 Liability

(1) The Provider is liable in cases of intent or gross negligence in accordance with the statutory provisions. Liability for guarantees applies regardless of the degree of fault. For slight negligence the Provider is liable exclusively under the Product Liability Act, for injury to life, body or health, or for breach of essential contractual obligations. Claims for damages for slightly negligent breach of essential contractual obligations are limited to the foreseeable damage typical of the contract, unless liability is unlimited for injury to life, body or health or under the Product Liability Act. Any further liability for damages is excluded. This also applies to breaches of duty by the Provider’s vicarious agents.

(2) Essential contractual obligations are those whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely.

(3) Insofar as the customer is an entrepreneur, it additionally applies that claims for damages due to slight negligence are excluded, unless they concern essential contractual obligations, injury to life, body or health, guarantees, or claims under the Product Liability Act.

(4) The Provider is not liable for information in brochures of service providers (e.g. hotels) not created by the Provider, nor for service disruptions arising from circumstances beyond the control of the Provider or the service providers (force majeure, strikes, official orders, natural disasters, etc.).

(5) The Provider is not liable for damages arising from the insolvency of other service providers. Any warranty claims are governed by the statutory provisions.

(6) Participants are liable for self-inflicted damage to the accommodation, facilities or jointly used property. The Provider accepts no liability for damage caused by other participants. The participant must report any damage immediately and pay for the damage incurred.

(7) In the event of damage caused by participants, the Provider may charge the costs incurred to the responsible participant, including damage from improper use or intentional behaviour.

(8) The Provider is not liable for personal items that are damaged, lost or stolen during the trip. Participants must keep their personal items safe and, where necessary, take out appropriate insurance. The Provider recommends not leaving valuables unattended and, if necessary, taking out theft insurance.

(9) The Provider expressly points out that travel insurance is not included. Participants are strongly advised to take out international health insurance covering return transport in case of illness, as well as private liability insurance. Taking out such insurance is the participant’s responsibility.

(10) The Provider accepts no liability for damages or accidents suffered during voluntary, independent or Provider-organised activities (e.g. going out, hiking, private excursions), which are carried out at one’s own risk. Participants are responsible for ensuring their physical fitness, sure-footedness and suitable equipment.

(11) The Provider partially provides meals but accepts no liability for damages or health impairments arising from allergic reactions or special dietary requirements. Participants must inform the Provider in good time and in writing of allergies or special dietary requirements. The Provider will endeavour to accommodate these but cannot guarantee complete consideration or allergen-free catering.

(12) The Provider assumes no medical responsibility for participants, in particular for health problems occurring during the trip or medical care on site. Participants must ensure adequate medical provision and appropriate travel insurance. Participants are advised to check their state of health before the trip and, if necessary, seek medical advice.

(13) In the event of data loss, the Provider is only liable for the damage that would have occurred even with proper and regular data backup appropriate to the risk by the customer.

(14) Unless expressly agreed otherwise, the customer’s claims arising from warranty and damages, with the exception of claims arising from tort, become time-barred within the statutory limitation period.

§ 9 Minimum Number of Participants

(1) A minimum number of participants is required to carry out the trips. The Provider may cancel a tour if this minimum is not reached. The specific minimum number is communicated in the booking confirmation or in the specific trip descriptions.

(2) If the minimum is not reached by a certain point before the start of the trip, the Provider will inform the registered participants immediately, in writing or by email, using the contact details provided at booking.

(3) In the event of cancellation due to the minimum not being reached, the Provider refunds the participation costs already paid in full, within a reasonable period, to the account provided at booking. Further claims, in particular for damages or reimbursement of expenses already incurred, are excluded.

(4) In this case the Provider endeavours to offer alternative trips or dates, which the participant is not obliged to accept. If an alternative is chosen, a rebooking is made at no additional cost; if the alternative is more expensive the participant bears the difference, if cheaper the Provider refunds the difference.

(5) The Provider is not liable for damages or losses incurred due to a cancellation caused by the minimum not being reached, including costs for travel, accommodation, meals or lost holiday enjoyment. The participant may insure against such risks through travel cancellation or trip interruption insurance.

(6) The Provider recommends booking early to ensure the minimum is reached and gives no guarantee that the trip will still be available for short-term bookings or that the minimum will be reached.

(7) The Provider may change the minimum number of participants for future trips; such changes are announced in good time before booking and do not affect bookings already confirmed.

(8) The Provider may, if the minimum is not reached, nevertheless carry out the trip where organisationally possible and without impairing quality, informing participants accordingly.

§ 10 Photo and Video Recordings

(1) The participant agrees that the Provider makes photo and video recordings of participants and activities during the trip. The Provider retains all rights to this material, including copyrights.

(2) The participant consents to the Provider using the photo and video material without restriction and for an unlimited time for publication and distribution on various social media platforms and on the website, including for advertising and marketing, documentation of the trips and general public relations.

(3) The Provider undertakes to use the recordings in accordance with the applicable data protection provisions. The participant may request information about the processing of their personal data at any time and, where technically and organisationally possible, request deletion or correction of the recordings.

(4) If the participant does not agree to the creation and publication of recordings, they must inform the Provider in writing before the start of the trip. The Provider will then take appropriate measures not to include the person concerned in the recordings.

(5) The Provider is not liable for the use of the material by third parties, in particular by other participants or external persons who have access to the published recordings. The participant agrees that published material may potentially be further distributed or otherwise used by third parties without the Provider having any influence on this.

§ 11 Data Protection Provisions

(1) The customer expressly consents to the electronic processing of their personal data within the framework of the following provisions. Customer data is treated with absolute confidentiality and used exclusively for the proper execution of the service. The data is not passed on to third parties.

(2) The Provider’s separate data protection provisions apply, which you can find in our Privacy Policy.

§ 12 Right of Withdrawal

(1) If the customer is a consumer, they are generally entitled to a right of withdrawal from the contract. In this respect, reference is made to the withdrawal instructions set out below.

(2) According to § 312g (2) No. 9 BGB (German Civil Code), there is no right of withdrawal where the contract provides for the provision of services in connection with leisure activities and a specific date or period is provided for their provision. This means that for booked trips taking place on a fixed date or within a fixed period, there is no right of withdrawal. In such cases withdrawal from the contract is excluded.

(3) If the customer is a company, there is generally no right of withdrawal.

Withdrawal Instructions

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day the contract is concluded. To exercise your right of withdrawal, you must inform us – Escape The Comfort Zone, owner Jennifer Mosch, Berliner Ring 95, 64625 Bensheim, phone: 0171-1216637, email: info.escapethecomfortzone@gmail.com – of your decision to withdraw from this contract by means of a clear statement (e.g. a letter sent by post or an email). You may use the sample withdrawal form below, but this is not mandatory. To meet the withdrawal deadline, it is sufficient that you send your notification of the exercise of the right of withdrawal by email before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs arising from your choosing a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment we use the same means of payment you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged fees for this repayment. If you have requested that the services begin during the withdrawal period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the point at which you inform us of the exercise of your right of withdrawal, compared to the total scope of the services provided for in the contract.

Sample Withdrawal Form

§ 13 European Dispute Resolution

(1) The Provider points out the online dispute resolution pursuant to Art. 14 (1) ODR Regulation: the European Commission provides a platform for online dispute resolution (ODR), which customers can find at https://ec.europa.eu/consumers/odr. Here you can enter into the out-of-court settlement of consumer disputes arising from online contracts.

(2) The Provider is neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.

§ 14 Final Provisions

(1) The law of the Federal Republic of Germany applies.

(2) Should individual provisions of these GTC be or become invalid, the validity of the remaining provisions remains unaffected.

(3) The place of jurisdiction for all disputes arising from this contract is the Provider’s registered office, provided the customer is a merchant, a legal entity under public law or a special fund under public law. Otherwise the statutory provisions apply.