Terms and Conditions ⋅ Natucate

Dear NATUCATE customer,

Before concluding a travel contract with us that qualifies as a package holiday under European law, we must inform you both of the details of this package holiday that are relevant to you and of your rights under EU Directive 2015/2302. You can find the essential information on the procedure and content of your package holiday in the general and specific service descriptions of the trips advertised by us and in these General Terms and Conditions. We have included the prescribed form for your rights under EU Directive 2015/2302 on our website and in the booking confirmation.

The following provisions shall, insofar as they have been effectively agreed, become part of the package travel contract concluded between you and NATUCATE GmbH as the responsible tour operator - hereinafter referred to as NATUCATE. They supplement the statutory provisions of §§ 651a - y BGB (German Civil Code) and Articles 250 and 252 of the EGBGB (Introductory Act to the BGB) and complete them.

In addition, for regular scheduled flights with international airlines, the respective conditions of carriage of the operating airline apply. For bookings of training courses and courses to obtain certain skills and / or certificates, the general terms and conditions of these training institutes or local providers also apply. These conditions are available on our website.

Please read our terms and conditions carefully before making your booking, as they govern the contractual relationship between you and NATUCATE.

The headings in these terms and conditions are intended solely to facilitate an overview and are not binding for the content or interpretation of the clauses.

To cover all your travel risks, we strongly recommend that every traveller takes out travel cancellation, trip interruption and travel health insurance that covers the costs of repatriation by ambulance.

General Terms and Conditions

1. Registration and confirmation

With your registration you make a binding offer to NATUCATE to conclude the package travel contract and at the same time confirm that you have taken note of the above-mentioned pre-contractual information. Registration is possible in writing, by fax, telephone or electronically. It is also made by the applicant for all participants listed in the registration. Your travel registration is based on the travel description in the offer flyer or on our website. The package holiday contract is concluded upon acceptance by NATUCATE. NATUCATE will declare its acceptance as soon as possible by sending a written travel confirmation. The electronic confirmation of receipt of the travel registration does not constitute acceptance of the package travel contract.

If the customer clicks "Book with obligation to pay" by immediately displaying the travel confirmation on the screen, the package travel contract is concluded when this travel confirmation is displayed. The binding nature of the package holiday contract is not dependent on the customer using options for saving or printing the travel confirmation or receiving the travel confirmation in paper form (by post). This means that a package travel contract has been concluded between you and all travellers listed in your registration and NATUCATE.

If the content of the travel confirmation differs from the content of the travel registration, NATUCATE shall be deemed to have made a new offer to conclude a contract. You then have the right to accept the offer within 7 days. NATUCATE is bound by this offer during this period. If you declare acceptance of the amended offer in writing within these 7 days, the package travel contract shall be concluded on the basis of this offer.

After the statutory regulations for package travel contracts concluded at a distance (e.g. via letters, telephone calls, emails, telemedia or online services), there is no right of cancellation, only the statutory rights of withdrawal and cancellation.

However, there is a right of cancellation if the contract for travel services has been concluded outside of business premises in accordance with Section 651a BGB, unless the negotiations on which the conclusion of the contract is based were conducted at the prior request of the consumer; in the latter case, there is no right of cancellation.

2. Payment/security certificate

After receipt of the travel confirmation/invoice, a deposit of 25% of the travel price is due immediately in accordance with §651 r BGB in conjunction with Art.252 EGBGB, at the latest 5 working days after receipt of the confirmation.

If you choose "bank transfer", NATUCATE expects to receive the money as booked 5 working days after receipt of the confirmation. Insofar as we are willing and able to provide the contractual services properly, have fulfilled our statutory information obligations and there is no statutory or contractual right of retention on your part, we are entitled to withdraw from the package travel contract and charge you cancellation costs in accordance with Section 5 if the down payment is not made after a reminder with a deadline. The full premium for any travel insurance arranged via NATUCATE shall be due at the same time as the down payment.

The final payment is due 30 days before departure without further request. Please be sure to note the payment date for the balance payment on the travel confirmation, as late receipt of payment may result in the cancellation of your trip. If the agreed travel price has not been paid in full by the due date, NATUCATE shall be entitled to cancel the package travel contract and to charge compensation in the amount of the corresponding cancellation fees, provided that there is no travel defect entitling the customer to cancel at this time. NATUCATE is entitled to claim damages for non-fulfilment under the conditions of Sections 280 (1), (3), 281 BGB.

If you have booked your trip only 30 days before the start of the trip or later, full payment must be made immediately upon receipt of the travel confirmation with the security certificate.

Together with the travel confirmation/invoice, you will receive a security certificate which secures the money you have paid in the event of NATUCATE's insolvency. To protect your customer funds, NATUCATE has taken out insolvency insurance with R+V Versicherung AG, Raiffeisenplatz 1, 61589 Wiesbaden. The respective insurance certificate securitises your direct claim against the insurer in the event of NATUCATE's inability to pay or insolvency and will be sent to you with the travel confirmation.

3. Travel programme and travel price

The scope of the contractual service results from the description of the package holiday, e.g. in the offer flyer, as an attachment to our offer as a PDF, on our website, or all other media in which we usually present our offer in full, as well as from the information in your travel confirmation that refers to it. The same applies to the travel price to be paid by you. The services included in the tour price are specified in the programme provided to you. The costs for additional services - unless otherwise stated - are at your expense and will be charged separately.

4. Travel programme change

a) before conclusion of the contract

The travel descriptions are binding for NATUCATE insofar as they have become the basis of the package travel contract. However, NATUCATE reserves the right to make changes to the travel description for objectively justified reasons prior to conclusion of the contract, which NATUCATE will of course inform you of prior to booking. In the case of expedition trips, changes to the itinerary are possible at any time, e.g. due to official regulations, special local road traffic conditions, medical emergencies, or if a different route is taken in the interests of the safety of the tour participants or for weather reasons. NATUCATE or NATUCATE's local service provider alone shall decide on any necessary changes to the itinerary and/or journey time.

In the event of cancellation of a scheduled flight by the airline and, for example, in the event of non-compliance with the flight schedule by the airline, it may be necessary to change the airline, the aircraft or the departure or return airport. For these or comparable reasons, we expressly reserve the right to such a change or modification. In accordance with the EU Regulation on informing air passengers of the identity of the operating air carrier, NATUCATE is obliged to inform you of the identity of the operating air carrier and of all air transport services to be provided as part of the booked trip.

b) after conclusion of the contract

Deviations and changes to individual travel services from the contractually agreed content of the package travel contract that become necessary after conclusion of the contract and NATUCATE expressly reserves the right to make such changes insofar as these changes are insignificant pursuant to Section 651 f (2) BGB. If NATUCATE can only organise the booked trip due to a circumstance occurring after conclusion of the contract with a significant change to one of the essential characteristics of the travel service (e.g. the routing of flights, stopovers or connecting flights, changes to the routes and significant changes to the training programmes, changes to the accommodation or the itinerary as a whole), or only in deviation from a separate contractual agreement made between NATUCATE and you, NATUCATE is entitled to offer you a corresponding amendment to the contract or, alternatively, participation in another trip (replacement trip) before the start of the trip. In this case, you must first agree to the amendments to the trip within the allotted time frame.

If you receive our amended contract offer within 7 days, you have the right to cancel the booked trip without compensation, to request participation in a replacement trip or to accept the offer to amend the contract. We will expressly inform you of this deadline in the amendment offer. Therefore, if you do not inform us within this period that you wish to withdraw from the package travel contract free of charge or request participation in a replacement trip, the contract amendment offered shall be deemed to have been accepted.

The modified service shall then replace the original contractually owed service. Any warranty claims shall remain unaffected if the modified service is defective.

5. Cancellation, rebooking, contract transfer, change of name by the traveller

a) Cancellation

You can cancel the trip at any time before the start of the trip without giving reasons. In your own interest and to avoid misunderstandings, NATUCATE recommends that you declare your cancellation in writing. The date of cancellation shall be determined by the date of receipt of the cancellation notice by NATUCATE.

If you withdraw from the package travel contract or do not start the trip, NATUCATE may demand reasonable compensation for the travel arrangements and expenses incurred. When calculating the compensation, expenses usually saved and other possible uses of the travel services by NATUCATE shall be taken into account. You are at liberty to prove that no or significantly lower costs have been incurred than those shown in the following flat rates or cancellation regulations.

The amount depends on the tour price. As a rule, the cancellation fees that NATUCATE must demand per registered participant in the event of your cancellation of the trip are per person as a percentage of the tour price:

Up to the 46th day before departure 25 % of the tour price.
From the 45th - 31st day before departure 30 % of the tour price.
From the 30th - 15th day before departure 50 % of the tour price.
From the 14th - 7th day before departure 70 % of the tour price.
From the 6th - 3rd day before departure 80 % of the tour price.
From the 2nd day before departure 90 % of the tour price.
No Show (non-arrival on the day of departure) 95 % of the tour price.

NATUCATE reserves the right to demand higher, specific compensation instead of the above lump sums if NATUCATE proves that it has incurred significantly higher expenses than the applicable lump sum. In this case, NATUCATE shall be obliged to quantify and substantiate the compensation claimed.

Notwithstanding Clause 5.a., NATUCATE may not demand compensation 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.

b) Rebooking

Rebookings are generally excluded. Any change to the travel date, the travel programme, the place of departure, the hotel, the accommodation or the round trip programme, or the mode of transport is deemed to be a rebooking. They are deemed to be cancellations with subsequent new bookings.

c) Contract transfer according to § 651e BGB:

Until the start of the trip, i.e. taking into account a reasonable period of time for organisational measures that must be reasonable for NATUCATE, you may request that a third party assumes the rights and obligations arising from the package travel contract instead of you. NATUCATE may object to the entry of the third party if it does not fulfil the special travel requirements or if its participation conflicts with statutory provisions or official orders. If a third party enters into the contract, he and you are jointly and severally liable to NATUCATE for the travel price and the additional costs incurred by the entry of the third party, in particular for the change of the carrier's tickets and fees of the respective service providers. These additional costs are only payable if they have been incurred and proven to you by NATUCATE. NATUCATE will charge you a handling fee of EUR 100 per person.

Cancellation, rebooking and change declarations should be made in writing if possible in your interest and for reasons of proof.

d) Name change

When registering for the trip, NATUCATE must have your full name with all first names and surnames and the names of all registered travellers congruent with the valid passport. Once NATUCATE has confirmed your booking, name changes are only permitted for a processing fee of €50 per person. Name changes with the carriers are only possible in exceptional cases and on request; NATUCATE will charge a name change fee of EUR 100 per person once the ticket has been issued. Additional transport surcharges may apply depending on seat availability.

6. Restrictions on participation and cooperation of the participant

a) Assurance by the tour participant and special instruction rights of the tour leader/tour guide

The tour participant warrants that he/she is physically and mentally fit for the booked tour or training etc. The tour leader/tour guide is entitled to exclude the tour participant further participation in the tour/training in the event of recognisable unsuitability (e.g. due to overtiredness, physical overstraining, alcohol or drug consumption) and in the event of insufficient fitness.

This also applies if the tour participant repeatedly violates rules of conduct or instructions and safety regulations given to him/her by the tour leader/tour guide, or if the other tour participants or the proper execution of the tour are endangered, injured or damaged by his/her behaviour. A partial refund of the tour price will not be made in the event of such behaviour-related cancellations of the travel contract.

b) Increased risk

The tour participant is aware that in addition to the normal dangers and risks of a round trip, a game drive or a hike through the habitats of wild animals living there and the risky participation in road traffic, special dangers and risks, e.g. from wild animals/ insects/ snakes, may occur during the travel modules, round trips and walking safaris organised by NATUCATE, in particular due to the unknown terrain of the tour participant. This must be taken into account before booking, in addition to the possibly unfamiliar high physical strain, especially due to sudden extreme weather conditions, which cannot always be compared with those in the home country. These tours also harbour risks such as the possible distance to the nearest adequate medical care, transport difficulties in the event of illness or an accident, etc. The tour participant is aware of these risks and accepts them unconditionally by making a booking.

c) Special weather conditions

NATUCATE selects its offered tour dates in such a way that the weather conditions for a stay / tour in the respective tour area are as favourable as possible according to long-term statistical climate values. However, actual bad weather conditions are not the responsibility of NATUCATE, in this respect the Tour participants are not entitled to a refund of the tour price.

7. Cancellation and termination by NATUCATE

NATUCATE may withdraw from the package travel contract before the start of the trip or cancel the package travel contract after the start of the trip in the following cases:

a) up to 31 days before the start of the trip if the number of participants is not reached, if a minimum number of participants is stated in the NATUCATE programme for the trip in question. The cancellation notice will be sent to you immediately and the deposit refunded immediately.

b) without notice if you persistently disrupt the performance of the trip due to your behaviour, despite a warning from NATUCATE, or if you behave in such a way contrary to the contract that the immediate cancellation of the contract is justified (see Section 6a). NATUCATE shall retain the claim to the travel price, but shall offset the value of the expenses saved and the benefits that NATUCATE obtains from any other use of the services not utilised, including the amounts reimbursed to NATUCATE by the service providers.

c) also for behavioural reasons if you carry or attempt to carry weapons, ammunition, explosive or flammable substances and the like; furthermore, if you consume drugs or commit criminal offences during the trip. Justified cancellation also applies in the event of an attempt to commit the aforementioned acts.

d) If you have booked using false personal details, address and/or identification documents or are on EU or OFAC anti-terrorism/sanctions lists.

8. Cancellation of the package travel contract due to unavoidable, extraordinary circumstances

If NATUCATE is prevented from carrying out and fulfilling your package travel contract before the start of the trip due to unavoidable, extraordinary circumstances, NATUCATE may declare its cancellation to you immediately after becoming aware of the reason for cancellation. NATUCATE will then refund the paid travel price within 14 days. NATUCATE reserves the right to demand reasonable compensation for travel services provided or still to be provided or for the planning and provision thereof.

9. Guarantee

a) Notification of defects/remedy

If the trip is not provided in accordance with the contract, you must notify NATUCATE of the defect immediately. If you culpably fail to report the defect, you are no longer entitled to assert your rights to a reduction in price and compensation for damages.

You must grant NATUCATE a reasonable period of time to remedy the situation, unless the immediate remedy is necessary or is refused by NATUCATE. NATUCATE may provide a remedy in such a way that a substitute service of equal or higher value is provided.

Please address your request for redress directly to:

NATUCATE GmbH

Phone +49 241 91 99 43 57

e-mail info@natucate.com

Tour guides, agencies and employees of service providers are not authorised by NATUCATE to confirm defects or acknowledge claims against NATUCATE.

b) Reduction of the travel price, §651 m

You can demand a reduction of the travel price corresponding to the reduced performance (reduction) if, despite your request for remedy (see 8.a), travel services or substitute services accepted by you were not provided in accordance with the contract.

c) Cancellation of the package travel contract, § 651 l BGB

If NATUCATE does not provide a remedy within a reasonable period of time or declares that a remedy is not possible and the trip is significantly impaired as a result of the non-contractual provision of services, you may cancel the package travel contract. If the contract is subsequently cancelled, you retain the right to repatriation if the contract included return transport. NATUCATE shall bear the additional costs of the return transport. Cases of unforeseeable, extraordinary circumstances that do not affect NATUCATE's travel services do not entitle the customer to cancel the package travel contract free of charge.

d) Compensation, § 651 n BGB

If NATUCATE culpably breaches obligations arising from the package travel contract, NATUCATE shall be obliged to compensate you for the resulting damage. If the trip is thwarted or significantly impaired as a result, you may, if you have unsuccessfully requested a remedy (see 9.a), also demand reasonable compensation in money for holiday time spent in vain.

10. Statute of limitations

Your claims due to non-contractual provision of the trip shall lapse after 2 years. The limitation period begins on the day on which the trip should end according to the contract (§ 651j BGB). Claims arising from unauthorised action are subject to a limitation period of three years.

11. Liability of NATUCATE

NATUCATE shall be liable within the scope of the duty of care of a prudent businessman for 1. the conscientious preparation of the trip, 2. the careful selection and monitoring of the service providers, 3. the accuracy of the service description, but not for the information in local, hotel or other brochures not published by NATUCATE, which are enclosed by NATUCATE with your travel documents, 4. the proper provision of the contractually agreed travel services.

12. Limitation of liability

a) contractual

NATUCATE's contractual liability is limited to three times the price of the holiday for damages that are not physical injury (including liability for breach of pre-contractual, ancillary or main contractual obligations), provided that the damage was not caused intentionally or through gross negligence on the part of NATUCATE. The limitation of liability shall also apply insofar as NATUCATE is responsible for damage incurred by you solely due to the fault of a service provider.

b) by law

A claim for damages against NATUCATE is limited or excluded insofar as the liability of a service provider is also excluded or limited on the basis of statutory provisions applicable to services to be provided by the service provider. Insofar as NATUCATE is the contractual air carrier, liability shall be governed by the relevant provisions of the Air Traffic Act in conjunction with the international conventions of Warsaw, The Hague, Guadalajara and the Montreal Convention. This generally limits the liability of the air carrier for death or personal injury as well as for loss of or damage to baggage.

c) for third-party services

NATUCATE shall not be liable for service disruptions in connection with services that are merely arranged by NATUCATE as third-party services (e.g. sporting events, festivals, external training courses and excursions, etc.) and that are expressly labelled as third-party services in the travel description (additional offer).

13. Passport, visa, foreign exchange, customs and health regulations

NATUCATE undertakes to inform you, prior to the conclusion of the contract, about passport, visa, and health regulations as well as any potential changes to these regulations prior to the start of the trip.

The traveller must be informed of all travel, visa and health regulations prior to the contract and of any changes to these regulations prior to departure. Every traveller (including children) from EU countries and Switzerland must carry a valid, machine-readable passport (ePassport) for at least six months after the end of the trip; this also applies to trips in Europe. NATUCATE is not 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 is responsible for the delay. You are responsible for complying with all regulations that are important for the realisation of the trip. All disadvantages, in particular the payment of cancellation costs arising from non-compliance with these, shall be borne by you, except if they are due to culpable misinformation or non-information by NATUCATE.

If you fail to comply with the visa, health or other entry regulations of individual countries for reasons for which you are responsible, or if a visa is not issued on time due to your fault, so that you are prevented from travelling, NATUCATE may refuse transport or onward transport without any obligation to pay compensation and charge you the corresponding flat-rate compensation in accordance with Section 5.a of these Terms and Conditions of Travel. In this case, you have the right to prove to us that no damage was incurred or that the amount of damage claimed was lower.

If you are required to pay entry fees or similar charges for entry into a country that is touched by the trip, or if travel documents (e.g. visa) are required for which NATUCATE has assumed responsibility for all passengers, NATUCATE shall be entitled to pass on to you any costs incurred and disbursed for this purpose.

14. Insurances

Travel insurance, including travel cancellation insurance, must be taken out by you unless it is included in the tour price and stated in the description of services. The general insurance conditions of the respective insurance company apply. We strongly recommend that you take out such insurance.

15. Other / Data protection

As part of your booking, you provide NATUCATE with personal data that NATUCATE requires to process the trip. NATUCATE processes the booking order in compliance with the applicable data protection regulations on the basis of the GDPR. NATUCATE uses your personal data to fulfil your orders, requirements and requests and, if necessary, for the purposes of its own market research. Only if you have given NATUCATE your prior consent will NATUCATE also use this data for product-related surveys and marketing purposes. NATUCATE would like to point out that NATUCATE uses your personal data such as name, address and/or e-mail address to occasionally send you information, e.g. newsletters by e-mail and/or post.

This information will only be sent to you if you have requested it via a NATUCATE website. You can object to the use of your data for these purposes at any time by cancelling the sending of the information. Personal data will only be passed on to the companies involved in the booking. NATUCATE will not transmit your data to third parties without your express consent or a legal obligation. You can find more details in our privacy policy under: natucate.com/en/privacy-policy

16. Information on consumer dispute resolution

With regard to the Consumer Dispute Resolution Act, NATUCATE points out that NATUCATE does not participate in voluntary consumer dispute resolution. If consumer dispute resolution becomes mandatory for NATUCATE after the printing of these Terms and Conditions, NATUCATE shall inform consumers of this in an appropriate form. For all contracts in electronic legal transactions, NATUCATE refers to the European online dispute resolution platform https://ec.europa.eu/consumers/odr/.

17. Place of jurisdiction/choice of law

The place of jurisdiction for legal action against NATUCATE is Aachen. The contractual relationship between you and NATUCATE shall be governed exclusively by German law. This also applies to the entire legal relationship. Insofar as German law is not applied to tour operator's liability in the event of legal action against NATUCATE abroad, German law shall apply exclusively with regard to the legal consequences, in particular with regard to the type, scope and amount of the customer's claims.

18. Ineffectiveness

The invalidity of individual provisions of the package travel contract shall not result in the invalidity of the package travel contract as a whole.

Tour operator of the package holidays offered:

NATUCATE GmbH

Jakobstr. 181-183

52064 Aachen, Germany

Phone +49 241 919 943 57

E-mail: info@natucate.com

Website: www.natucate.com

Managing Director: Daniel Kaul

Commercial Register: AG Aachen HRB 18550

-As of April 2025-