GENERAL TERMS AND CONDITIONS OF CONTRACT AND TRAVEL

Moby Dick Tours GmbH is a brand of TS Travel Smart GmbH, hereinafter referred to as Travel Smart.

1. subject matter of the contract

a) The contract between you and Moby Dick Tours GmbH (hereinafter referred to as Moby Wildlife Tours) comes into effect with the unconditional acceptance of your written, telephone or personal registration. From this point in time, the rights and obligations arising from the contract (including these General Terms and Conditions of Contract and Travel) shall become effective for you and Moby Wildlife Tours. Moby Wildlife Tours will send the customer a travel confirmation electronically by e-mail.

2. benefits

a) Our services are set out in the service description on our website and in the travel documents. Special requests on your part or additional agreements are only part of the contract if they have been confirmed by Moby Wildlife Tours in writing and without reservation. The services of Moby Wildlife Tours begin at the destination airport. You are responsible for your own arrival and punctual arrival.

b) Program changes may become necessary due to unforeseeable events such as weather or force majeure. If a program item cannot be carried out, Moby Wildlife Tours will look for an equivalent alternative.

3. number of participants

Moby Wildlife Tours reserves the right to specify a minimum and maximum number of participants for guided group tours. If the minimum number of participants is not reached, we will contact all guests who have booked the tour and ask them if they are willing to pay a supplement so that the tour can take place. If all participants agree, we will guarantee the date immediately. Otherwise, Moby Wildlife Tours reserves the right to withdraw from the contract up to 21 days before the start of the tour at the latest.

4 Travel price and terms of payment

a) Unless specifically mentioned, our prices are per person in Swiss francs.

b) Unless otherwise agreed, a deposit of 25% must be paid when booking the trip, which is non-refundable in the event of cancellation if no replacement can be found.

c) The balance must be paid 60 days before departure. Failure to pay on time entitles Moby Wildlife Tours to refuse the tour service.

d) If you book your trip less than 30 days before departure, the entire invoice amount is due for payment immediately.

5. booking fees

a) If you book your trip less than 15 days before departure, it may be necessary to make enquiries at hotels etc.; any telephone or other charges will be invoiced to you.

6. travel documents

Unless otherwise agreed, the documents will be sent to you after receipt of your deposit. This will be done by e-mail and not in paper form.

7 Cancellation and rebooking costs, trip interruption

a) If you cancel, change or rebook the trip, you must notify us in writing by e-mail within the specified period. The date on which your declaration is received by the booking office is decisive for calculating the cancellation or change date; on Saturdays, Sundays and public holidays, the next working day is decisive.

b) If you cancel, change or rebook your trip, a processing fee of CHF 60 per person and a maximum of CHF 120 per order will be charged. You will be charged the full cost of the flight.

c) If you cancel the trip within the following deadlines, the following cancellation costs per travel arrangement apply in addition to the processing fees and the deposit (if no replacement is found): 60 to 31 days before the start of the trip 50% of the remaining amount, 30 to 0 days 100% of the remaining amount.

d) Moby Wildlife Tours strongly recommends that you take out cancellation insurance if you do not already have private insurance.

9. premature termination of the trip

If you cancel the trip prematurely for any reason, the price of the travel arrangement cannot be refunded. Any unused services will be refunded to you, less an appropriate processing fee, provided they are not charged to Moby Wildlife Tours.

In urgent cases (e.g. own illness or accident, serious illness or death of a close relative), our tour guide or the service provider will assist you as far as possible in organizing your early return journey.

10. substitute traveler

If you have to cancel your trip, you can nominate a replacement traveler. The replacement traveler must be prepared to enter into the contract under the existing conditions. The processing fee (section 8.b) and any additional costs incurred are to be borne by you and the replacement traveler(s).

11. program and price changes

Moby Wildlife Tours expressly reserves the right to change information, service descriptions and prices on the Internet prior to your booking. Should this be the case, Moby Wildlife Tours will inform you of these changes before the contract is concluded. In exceptional cases, the agreed price may have to be increased. Price increases may result from: a) subsequent increases in transportation costs (including fuel surcharges); b) newly introduced and increased government levies or fees (such as airport taxes, landing fees, embarkation and disembarkation fees, etc.); c) changes in exchange rates or d) government-imposed price increases (e.g. VAT).

12. program changes, changes in transport after your booking and before the start of the trip

Moby Wildlife Tours reserves the right to change the travel program or individual agreed services (e.g. accommodation, type of transport, means of transport, airlines, flight times, etc.) in your interest if unforeseeable or unavoidable circumstances make this necessary. Moby Wildlife Tours will endeavor to offer you equivalent replacement services. In particular, Moby Wildlife Tours is not liable for changes to the travel program due to force majeure or official measures for which Moby Wildlife Tours is not responsible. Moby Wildlife Tours will inform you of such changes and their impact on the price as soon as possible.

13. force majeure, strikes

Events of force majeure (e.g. natural disasters, epidemics, unrest), official measures or strikes may cause Moby Wildlife Tours to cancel the tour. In such a case, Moby Wildlife Tours will inform you as soon as possible. If the trip is canceled, Moby Wildlife Tours will endeavor to offer you an equivalent replacement trip.

14 Your duty to cooperate, personal requirements

When traveling to foreign countries, it is essential that you adapt to their customs and traditions. The tour guide may exclude tour participants who seriously disturb a group or do not conform to the rules of the destination country. Any return travel costs shall be borne by the participant and the travel price paid will not be refunded.

15. health requirements

Good health is sometimes a prerequisite for participation in animal trips. Any return travel costs shall be borne by the participant and the travel price paid will not be refunded.

16 Liability and customer money protection

Liability

Travel smart (and therefore Moby Wildlife Tours as a brand of Travel Smart) has the required liability insurance. Moby Wildlife Tours is not liable for accidents that are not due to gross negligence. Claims are excluded in such cases.

In particular, Moby Wildlife Tours shall not be liable if the contract cannot be fulfilled or can only be partially fulfilled and is due to the following causes: a) failures on your part before or during the trip; b) unforeseeable or unavoidable failures of a third party who is not involved in the provision of the contractually agreed service; c) force majeure, weather conditions or an event that Moby Wildlife Tours and its service providers could not foresee or avert despite due care. In these cases, Moby Wildlife Tours shall not be liable for any compensation.

Customer money protection

Travel smart (and therefore Moby Wildlife Tours as a brand of travel smart) is a participant in the Swiss Travel Industry Guarantee Fund. The Swiss Travel Industry Guarantee Fund guarantees Swiss travelers the security of the amounts paid in connection with their booked trip. You can find detailed information at http://www.garantiefonds.ch.

17. place of jurisdiction

The contractual relationship between you and Moby Wildlife Tours is subject to Swiss law. The exclusive place of jurisdiction is Aarau.