These are the terms and conditions that apply to your trip. Please read them carefully as they are legally binding. By making a booking with Koru Pacific Travel you are deemed to have agreed to these terms and conditions. These terms and conditions are a translation of the German language Terms and Conditions (Allgemeine Reisebedingungen) found on Koru Pacific Travel’s german language website (www.koru-pacific.de). Where there is a discrepancy between the German and English versions, the German original text is legally binding.
1. Formation of the contract
1.1 The Booking Request constitutes a binding offer from the Client to KORU PACIFIC TRAVEL, Beudeweg 13, 61352 Bad Homburg (hereafter “KORU PACIFIC”) to enter into a travel contract. The Booking Request may be made orally (in person or by telephone) or in writing (by E-Mail, fax or post). By making the Booking Request the Client binds all members of his or her party to these terms and conditions, and takes responsibility as the lead name on the booking to make payment and to receive documentation on behalf of the party members in the absence of a clear declaration stating otherwise.
1.2 As all bookings are subject to availability, any itineraries proposed by KORU PACIFIC prior to the Booking Request by the Client are not binding. A binding travel contract is only entered into when KORU PACIFIC: (i) receives the Booking Request from the Client; and (ii) sends the Client a Booking Confirmation, confirming the booking and the total travel price. The Client shall be provided with a written copy of the Booking Confirmation and invoice at the time the contract is formed, or directly thereafter.
1.3 Discussions between the Client and KORU PACIFIC prior to the Booking Confirmation being issued are not binding. Any ancillary agreement (changes, additions or special requests by the Client) needs to be made in writing by the Client, and confirmed in writing by KORU PACIFIC in the Booking Confirmation. Where they are not confirmed in the Booking Confirmation, any such requests will constitute non-binding requests, for which no claim can be brought against KORU PACIFIC.
1.4 If the content of the Booking Confirmation varies from the content of the Booking Request, this constitutes a new offer on the part of KORU PACIFIC, which shall remain binding for ten days from the date of the Booking Confirmation. The contract shall be formed on the basis of this offer if the Client indicates his or her acceptance of this offer by means of explicit declaration or through his or her actions, such as payment of the invoice or a deposit.
2.1 Upon formation of the travel contract, KORU PACIFIC will provide the Client with a written Booking Confirmation and a Risk Coverage Certificate (Sicherungsschein) issued pursuant to Section 651k of the BGB (the German Civil Code). At this time, a deposit of 20% of the travel price is due and payable. This deposit must be paid to the account of KORU PACIFIC, as indicated in its invoice, within ten days of the Client having received the Risk Coverage Certificate (Sicherungsschein). The balance owing under the invoice shall be payable without further notice, and at least 35 days prior to the intended date of departure.
2.2 Where Bookings are made less than 5 weeks before the intended date of departure, the full travel price shall be immediately payable upon the Client’s receipt of the Booking Confirmation and Risk Coverage Certificate (Sicherungsschein).
2.3 The full price of any flights booked on behalf of a Client is due and payable immediately, unless KORU PACIFIC expressly provides otherwise.
2.4 Where payment by a Client is made by credit card, a transaction fee of 2% will be charged.
2.5 The payment conditions set out in Section 2.1 above do not apply to special discount trips, groups of more than 10 people, and special trips indicated as such in the Booking Confirmation. Payment conditions different from those in Section 2.1 will be set out in the Booking Confirmation, and will take into account the payment requirements of the local partners in these circumstances.
2.6 If the Client fails to pay the deposit or fails to pay the balance owing under the invoice in accordance with the due dates provided by KORU PACIFIC in the Client’s invoice, and despite having received a reminder from KORU PACIFIC specifying a deadline by which this payment must be made, KORU PACIFIC shall be entitled to treat the Client’s booking as cancelled and reserves the right to claim damages from the Client in accordance with the law.
3.1 The services to be provided by KORU PACIFIC are defined solely by the content of the Booking Confirmation. Any supplementary agreement that changes or amends these services must be in writing and confirmed by KORU PACIFIC.
3.2 Information in hotel guides and local directories are not binding upon KORU PACIFIC and do not constitute part of its contractual duty.
3.3 In the event that KORU PACIFIC makes a booking for the Client on behalf of another travel operator or local supplier (for example, with an airline, guided tours, sporting events, hotel rooms or car rental company), KORU PACIFIC will only be acting as an agent for the Client with respect to this booking. In this case, the Client will enter into a contract with the applicable travel operator or local supplier, and the Client’s contract with them will be subject to their terms and conditions, which could limit or exclude liability to the Client, in accordance with international conventions and foreign law. As an agent, KORU PACIFIC is only liable for the careful procurement and arrangement of these services, and has no liability for the acts or omissions of the travel operator or local supplier, or for the actual provision of the services themselves.
4. Changes to services
4.1 KORU PACIFIC may make changes to the travel services agreed in the travel contract, provided that the changes are acceptable to the Client, taking into account the interests of KORU PACIFIC. This is particularly the case where the changes or variations are not made contrary to good faith, the changes or variations are minor, and do not result in a major change to the travel service provided, and do not adversely affect the standard of the booked travel as a whole. This shall not prejudice any claims under warranty if the altered services prove defective.
4.2 KORU PACIFIC will advise the Client promptly of any such changes or variations in service.
4.3 In the event of a material change to the Client’s booking, the Client has the right to either (i) cancel its contract with KORU PACIFIC, or (ii) participate in an alternative trip of at least comparable standard, if KORU PACIFIC is in a position to offer such a trip. In the event that the Client wishes to cancel the contract, he or she must notify KORU PACIFIC of this within 10 days of being notified of the material change. In this event, KORU PACIFIC will provide the Client with a full refund of all monies paid, without delay. KORU PACIFIC recommends that the Client’s request to cancel the contract be made in writing.
5. Changes in price
5.1 KORU PACIFIC reserves the right to increase the travel price confirmed by the Booking Confirmation when the cost of the trip increases due to the foreign exchange rates applicable to the particular trip.
5.2 An increase in price in accordance with Section 5.1 is only permitted when (i) the date that the contract was entered into and the scheduled date of departure are more than 2 months apart; and (ii) the reason for the price increase was not in existence at the time the contract was entered into, and was not foreseeable by KORU PACIFIC at that time.
5.3 KORU PACIFIC will advise the Client promptly of any such price increase.
5.4 Any claims by the Client in relation to an increase in price brought within the 35 days prior to departure are invalid.
5.5 In the event of a price increase of more than 5%, the Client has the right to either (i) cancel its contract with KORU PACIFIC without incurring a cancellation fee, or (ii) participate in an alternative trip of at least comparable standard, if KORU PACIFIC is in a position to offer such a trip. In the event that the Client wishes to cancel the contract, it must notify KORU PACIFIC of this within 10 days of being notified of the price increase. KORU PACIFIC recommends that the Client’s request to cancel the contract be made in writing.
6. Cancellation by the Client
6.1 The Client may cancel its travel arrangements at any time before departure. Notification of the cancellation (including the client number and invoice number) must be sent to KORU PACIFIC. The cancellation will take effect from the date it is received by KORU PACIFIC. KORU PACIFIC recommends strongly that the Client’s request to cancel the contract be made in writing.
6.2 In the event that the Client cancels the contract, or fails to appear on the departure date without providing notice to KORU PACIFIC, KORU PACIFIC shall be entitled to compensation for any arrangements made and expense incurred by KORU PACIFIC (a cancellation fee). The cancellation fee depends on how much notice is given to KORU PACIFIC prior to the departure date, and is shown as a percentage of the total travel price:
- Up to 35 days before departure: 20% of the travel price
- Between 22 and 34 days before departure: 40% of the travel price
- Between 15 and 21 days before departure: 50% of the travel price
- Between 4 and 14 days before departure: 75% of the travel price
- 3 days or less before departure: 100% of the travel price
We strongly recommend that the Client acquires comprehensive travel insurance at the time of booking in order to cover any cancellation costs that may arise.
6.3 The Client retains the right to prove that KORU PACFIC has not incurred any costs or that the costs incurred are substantially lower than the aforementioned flat rates.
6.4 In the event that the contract is cancelled in accordance with Section 6.1 or 6.2, KORU PACIFIC may, in addition to the amounts set out in Section 6.2, claim from the Client any outstanding costs incurred in relation to the Client’s booking, such as cancellation fees charged by individual service providers, which are over and above the amounts set out in Section 6.2.
7. Changes to the Booking by the Client
7.1 If a Client wishes to change its travel arrangements after the Booking Confirmation has been made, this will depend upon the availability and feasibility of alternative options. KORU PACIFIC can refuse to make a change in the booking when this change is only possible with unreasonable expenditure, or where the change is unacceptable to KORU PACIFIC because of (i) the short notice prior to the departure, (ii) the above average number of changes requested by the Client, or (iii) multiple changes to the same service.
7.2 Any costs incurred by KORU PACIFIC as a result of the Client changing its travel arrangements pursuant to Section 7.1 (for example, cancellation fees charged by individual service providers) are payable by the Client. KORU PACIFIC will inform the Client as to the anticipated costs the Client will incur before making the requested changes. These costs payable by the Client do not include any administrative fee by KORU PACIFIC. The administrative costs for KORU PACIFIC are covered by an administrative fee of €50 per person per change. We strongly recommend comprehensive travel insurance to cover these costs in the event that the Client wishes to change or cancel any intended travel.
7.3 In the event that KORU PACIFIC offers the Client an alternative trip of comparable standard pursuant to Section 7.1, the Client’s acceptance of this offer results in an amended travel contract, incorporating the new travel details into the existing contract. Any payments made in relation to the original contract will be considered payments made in relation to the amended contract.
7.4 At any time prior to the departure date the Client may request the transfer of the Booking to a third party (taking into account the time necessary to organise such a transfer). Any third party to whom the Booking is transferred will be bound by these terms and conditions of Booking. KORU PACIFIC reserves the right to refuse a transfer of the Client’s booking when the third party does not meet the necessary travel requirements, or where legal or official regulations negate a transfer. Where a third party takes over the Booking of the Client, both the third party and the original Client will be liable for the total amount of the Booking and any costs arising due to the transfer of the Booking to the third party.
8. Unused services
In the event that the Client does not use individual travel services paid for in the booking because of premature departure or other reasons, KORU PACIFIC will make every effort to obtain a refund for those expenditures. This obligation falls away in the event that the services are negligible or where it is not possible to obtain a refund. KORU PACIFIC reserves the right to deduct from this refund a reasonable sum to cover its administrative costs.
9. Cancellation of the contract by KORU PACIFIC
KORU PACIFIC may cancel the travel contract with the Client in the following circumstances:
9.1 where the Booking Confirmation issued by KORU PACIFIC specifically states that a minimum number of passengers is required for the Booking, and that minimum number is not reached three months prior to the intended departure date. The Client will be promptly informed about the cancellation of the booking in writing or by E-Mail. In the event of a cancellation pursuant to this paragraph: (i) KORU PACIFIC will provide the Client with a full refund of all monies paid, without delay, or (ii) the Client may choose to participate in an alternative trip of at least comparable standard, if KORU PACIFIC is in a position to offer such a trip.
9.2 where the Client’s actions on a group tour persistently disturb the enjoyment of the tour for the remainder of the group, despite having been warned to desist from such action, or the Client’s actions are such that KORU PACIFIC is entitled to an immediate cancellation of the contract. In the event that KORU PACIFIC cancels the contract in accordance with this Section 9.2, it retains the right to the total travel price. Nevertheless, KORU PACIFIC will refund any amounts due to services paid for and not utilised, and any refunds it receives from local service providers.
9.3 when obstacles arise that cannot be overcome by KORU PACIFIC, or can only be overcome by the payment of unproportional costs. In this event, KORU PACIFIC will provide a full and prompt refund of the price without charging any fee or deduction for its services.
9.4 when a Client defaults on a scheduled payment.
10. Force Majeure
In the event that a trip is substantially affected or impacted by an unusual or unforeseeable event or circumstance (such as a natural disaster), both KORU PACIFIC and the Client have the right to cancel the contract. The Client will receive a refund of its monies paid. KORU PACIFIC reserves the right to compensation for services already supplied or to be supplied.
11. Limitation of KORU PACIFIC’s liability
11.1 KORU PACIFIC’s contractual liability for damage other than physical injury is limited to three times the total travel price, (i) as long as the Client’s loss has not been caused intentionally or through gross negligence on the part of KORU PACIFIC or (ii) where KORU PACIFIC is responsible for loss sustained by a Client solely because of the fault of a local service provider/supplier.
11.2 KORU PACIFIC’s tortious liability for damage to property is limited to three times the price of the total booking cost, unless the Client’s loss has been caused intentionally or through gross negligence by KORU PACIFIC. This limit of liability applies to each Client and booking. Any claim above this amount in connection with luggage is not affected by this limitation of liability, in accordance with the Montreal Convention.
11.3 KORU PACIFIC’s liability to the Client (and any members of the Client’s party) is limited in accordance with relevant international conventions and European Union regulations, and as if KORU PACIFIC were a carrier under the relevant conventions and/or regulations. These conventions and regulations limit the amount of compensation that passengers can claim for death, injury, illness, and loss, damage, delay in the transportation of luggage and personal belongings. The terms of the relevant conventions and regulations are expressly incorporated into the Client’s contract.
11.4 KORU PACIFIC is not liable for defective performance, physical injury or damage to property in connection with services provided by a third party or local supplier, and which are indicated in the Booking Confirmation as not being supplied by KORU PACIFIC (for example, tours, activities, expeditions, flights).
11.5 The Client participates in special trips and sportive activities (such as hiking, bungy jumping, parachuting, white water rafting, kayaking, caving, Glacier hikes, etc) at his or her own risk. KORU PACIFIC has no liability for any damage or injury arising out of such trips or activities.
11.6 In the event that the Client books regularly scheduled transportation as part of the booking package, or books any excursions and/or activities from a local supplier or third party once his or her trip has commenced, these will not form part of the Client’s contract with KORU PACIFIC. The Client’s contract for such excursions/activities will be made with the relevant supplier or third party and on that party’s terms and conditions and KORU PACIFIC has no liability whatsoever for the performance of that excursion or activity.
11.7 Where a flight is delayed, KORU PACIFIC is not liable for any loss arising due to delayed passengers, luggage or cargo, when the airline demonstrates that it took all necessary steps to prevent the loss, or that it could not meet these standards. In particular, KORU PACIFIC is not liable for loss arising when a Client misses a flight connection or cannot participate in a tour or activity due to changed flight times.
12. The Client’s Duties / Notification of Complaints
In the event that any problems or defects in service arise, the Client has an obligation to avoid or minimise any loss. The Client has a particular obligation to report any complaints to KORU PACIFIC’s New Zealand based partner (see Travel Documents for local New Zealand Support Hotline) who will remedy the issue where possible. Where that New Zealand based partner is not available, or cannot remedy the problem, the complaint must be reported to the local supplier and to KORU PACIFIC. At the Client’s request, KORU PACIFIC’s New Zealand based partner will create a report listing the complaint. The local service provider is not authorised to make legally binding statements. If the Client does not comply with this Section 12, he or she has no claim for loss or damage.
13. Exclusion of claims and Period of Limitation
13.1 Claims arising due to the failure to provide services, or the provision of substandard services, must be notified to KORU PACIFIC in writing within one month after the date the travel comes to an end (as set out in the travel contract). Any claims within this period must be made to Koru Pacific Travel, attention Megan Schrader, Beudeweg 13, 61352 Bad Homburg, Germany. After the expiry of this one month period, the Client may only make a claim when without being at fault, he or she was unable to comply with this limitation period.
13.2 Contractual claims by the Client in accordance with §§ 651c-f BGB, except for those arising from death, physical injury or damage to health which are caused by KORU PACIFIC’s gross negligence or an intentional breach of duty by their statutory representatives or vicarious agents, shall be time-barred after 12 months. Time starts to run on the day that the travel comes to an end, as set out in the contract. If the Client asserts a claim, the period of limitation is suspended until KORU PACIFIC or their insurer rejects such a claim in writing. Claims arising from unlawful acts are subject to the statutory limitation period.
14. Passport, visa, customs and health requirements
14.1 The Client and any accompanying travellers are responsible for complying with passport, visa, customs and health requirements. KORU PACIFIC will inform travellers with German passports as to the passport, visa, customs and health requirements as well as any changes to this prior to the Client’s departure date. Any travellers with other nationalities, or with dual citizenship, are requested to contact the relevant embassy or consulate to ascertain the passport and visa requirements for their travel. Where this is not done, any subsequent loss will be payable by the traveller, even when these requirements are changed after the booking is made.
14.2 Please ensure that the passports of all travellers are valid for at least three months after the intended return date.
14.3 The Client should inform him or herself about necessary vaccinations and preventative measures (such as thrombosis and other health risks of travelling).
15.1 The Booking Confirmation provided by KORU PACIFIC does not include the provision of any travel insurance.
15.2 It is highly recommended that all Clients have a comprehensive travel policy in place. This should cover cancellation charges, emergency repatriation in the event of medical problems, medical cover (for personal injury), damage, loss or theft of property, delay, and any special high risk activities the Client intends to undertake (such as bungee jumping). The cost of these insurances is not included in the travel price.
16. Data Protection
16.1 All personal data collected by KORU PACIFIC is protected from misuse in accordance with the German Federal Data Protection Act (Bundesdatenschutzgesetz).
16.2 The personal data KORU PACIFIC receives from Clients will be used as necessary to process the Client’s Booking. The Client may at any time request that (i) KORU PACIFIC not use or save any personal information relating to the Client, or (ii) KORU PACIFIC provides details as to any saved data relating to the Client, or (iii) KORU PACIFIC deletes such saved data relating to the Client.
17.1 The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect.
17.2 Any promises made by a third party (including local suppliers or service providers) in relation to the contract between KORU PACIFIC and the Client are invalid and unenforceable.
18. Applicable Law
18.1 The contractual relationship between the Client and KORU PACIFIC (and the legal relationship as a whole) shall be governed by German law. The Client may only bring legal action against KORU PACIFIC at the court with jurisdiction over KORU PACIFIC’s headquarters and legally registered address.
18.2 Any claims brought by KORU PACIFIC against the Client must be brought at the court with jurisdiction over the Client’s place of residence unless the Clients or booking parties are businesses, legal entities incorporated under public or private law, or persons who have their domicile / business address or usual place of residence abroad, or whose domicile / business address or usual place of residence is unknown at the time the action is filed. In this event, the relevant court is that with jurisdiction over KORU PACIFIC’s legally registered address.
Koru Pacific Travel
Einzelunternehmen: Owner: Megan Schrader, Beudeweg 13, 61352 Bad Homburg, Deutschland.
Date of Terms and Conditions: September 2017