Terms & Conditions
1. Conclusion of the Travel Contract
By submitting the travel registration, which can be done in writing via post, fax, or email, you are making a binding offer to conclude the travel contract. Each traveler must be named and provided with the required details on the registration form. The registration becomes binding for us once we confirm your booking and the travel price in writing via post, fax, or email.
2. Payment
Upon conclusion of the contract, a deposit of 25% of the travel price is due. The deposit must be paid within 10 days of receiving the travel confirmation/invoice. If this deadline is exceeded, the traveler loses the right to participate in the booked trip. This 25% deposit is non-refundable in the event of cancellation, serving as a processing fee for the consultation and booking work performed by Arifu-Tours/Flyfishing-Namibia up to that point. The deposit will be deducted from the total travel price.
The remaining payment must be received by Arifu-Tours/Flyfishing-Namibia 45 days before the start of the trip (please consider postal and transfer times). For bookings made less than 6 weeks before the start of the trip, the total travel price is due immediately upon receipt of the travel confirmation/invoice.
If the traveler fails to make the deposit or remaining payment on time, Arifu-Tours/Flyfishing-Namibia may withdraw from the contract after sending a reminder and setting a deadline and may charge cancellation fees according to Section 5.
3. Services
The services contractually agreed upon are detailed in the service descriptions and in the corresponding information in the travel confirmation. The information contained in the advertisement is binding for the organizer. Arifu-Tours/Flyfishing-Namibia expressly reserves the right to make changes for objectively justified, significant, and unforeseen reasons, of which the traveler will be informed.
4. Service and Price Changes
Changes or deviations from individual travel services from the agreed content of the travel contract cannot be completely excluded due to the specific nature of adventure and experience travel. Unexpected road conditions, weather changes, bureaucratic whims, etc., may lead to a change in the described travel itinerary. Necessary changes or deviations after the conclusion of the contract, as long as they were not caused by Arifu-Tours/Flyfishing-Namibia in bad faith, are permitted, provided that the changes and deviations are not significant and do not impair the overall structure of the booked trip. In such cases, adequate alternative services will be offered. Any warranty claims remain unaffected as long as the changed services are defective.
Arifu-Tours/Flyfishing-Namibia reserves the right to change the advertised and confirmed prices in case of an increase in transportation costs or a change in the applicable exchange rates for the respective trip, to the extent that the increase in transportation costs or fees for certain services per person or per seat affects the travel price, provided that more than two months (60 days) lie between the conclusion of the contract and the agreed travel date.
In the event of a subsequent change in the travel price or a change in a significant travel service, Arifu-Tours/Flyfishing-Namibia must inform the traveler immediately, but no later than 14 days before the start of the trip.
5. Cancellation by the Customer, Rebooking, Substitute Persons
The customer can withdraw from the trip at any time before the start of the trip. The decisive factor is the receipt of the cancellation declaration by Arifu-Tours/Flyfishing-Namibia. Customers are explicitly advised to make the cancellation in writing.
If the customer withdraws from the travel contract or does not start the trip, the tour operator may claim compensation for the arrangements made for the trip and for its expenses. When calculating the compensation, normally saved expenses and normally possible alternative uses of the travel services must be taken into account.
The 25% deposit required at the time of booking is non-refundable in the event of cancellation; this serves as the processing fee for the consultation and booking process. For external services, up to 25% deposit may be required (e.g., Botswana trips through partner companies). The following rates apply for cancellations of all trips, each based on the total travel price and before the start of the trip:
From the day of booking until the 91st day = 25% (non-refundable),
From the 90th to the 43rd day = 50%,
From the 42nd to the 22nd day = 75%,
From the 21st day = 90%,
Cancellation or no-show on the 1st day of the trip = 100%.
Rebooking requests are only possible after prior cancellation of the travel contract. We will examine each rebooking case separately and, if possible, waive the claims for cancellation costs.
Special Costs
All special costs that arise as a result of or in connection with changes to the intended travel itinerary for reasons related to the customer after a firm booking or during the trip will be borne by the customer and are to be paid immediately upon occurrence to the respective claimant. These special costs include, for example, expenses resulting from the customer's late arrival for the prepared trip or costs for an early return from a hike or excursion due to illness, injury, or accident (e.g., helicopter transport, hospital and hotel stays, also for accompanying persons). If Arifu-Tours/Flyfishing-Namibia incurs costs in order to address an acute emergency, the amounts advanced by Arifu-Tours/Flyfishing-Namibia must be reimbursed immediately after the trip is completed. If changes to the tour are desired after the receipt of the booking confirmation, the customer will bear the additional costs incurred, as well as an additional processing fee of 50 for each change request.
Travel Cancellation Insurance
Travelers can insure themselves against the cancellation costs mentioned in Section 5 through travel cancellation insurance. We strongly recommend taking out such insurance.
6. Cancellation by the Tour Operator
Arifu-Tours/Flyfishing-Namibia may withdraw from the travel contract before the start of the trip or terminate the contract after the start of the trip in the following cases.
Without notice:
If the traveler significantly disturbs the conduct of the trip despite a warning or behaves in such a way that the immediate termination of the contract is justified. This also applies if the traveler does not meet the special requirements mentioned in the travel advertisement (e.g., regarding health, physical ability, cooperation in the trip process). In this form of termination by Arifu-Tours, Arifu-Tours/Flyfishing-Namibia retains the right to the full travel price.
Up to 21 days before the start of the trip:
In the event that the advertised minimum number of participants is not reached. Arifu-Tours/Flyfishing-Namibia is obliged to inform the customer immediately after the conditions for non-conduct of the trip arise and to send them the cancellation declaration promptly. The customer will receive the paid travel price back immediately, minus the 25% deposit (processing fee for the previously handled booking process). No further claims by the customer exist.
Termination of the contract due to extraordinary circumstances:
If the trip is significantly impeded, endangered, or affected due to unforeseeable force majeure at the time of the contract conclusion, both the organizer and the traveler may terminate the contract. If the contract is terminated, the organizer may demand appropriate compensation for the services already provided or still to be provided to complete the trip.
7. Liability of the Tour Operator
Arifu-Tours/Flyfishing-Namibia is liable for the diligent preparation of the trip, the careful selection and monitoring of service providers, the accuracy of the service description unless Arifu-Tours/Flyfishing-Namibia has declared a change to the tour description in accordance with Sections 3 and 4 prior to the conclusion of the contract and the proper provision of the contractually agreed travel services.
If we explicitly mediate services or travel programs in the name of named service providers or travel organizers, the travel contract is concluded exclusively between you and the other travel organizer, to whom the traveler must address all claims.
Excursions, tours, special events, etc., that are not included in the service description must be booked by the traveler themselves as third-party services at the vacation destination. Therefore, they do not fall under the responsibility of Arifu-Tours/Flyfishing-Namibia. The participant is equally responsible for complying with the legal regulations of the destination country as for ensuring sufficient insurance coverage.
8. Warranty
Remedy
If the trip is not provided in accordance with the contract, the traveler can request remedy. Arifu-Tours/Flyfishing-Namibia can remedy the situation by providing an equivalent substitute service. However, Arifu-Tours/Flyfishing-Namibia can refuse to remedy if it requires disproportionate effort.
Reduction of the travel price
For the duration of a non-contractual provision of the trip, the traveler can request a corresponding reduction of the travel price (reduction). The travel price is to be reduced in proportion to what the value of the trip in defect-free condition would have been at the time of sale compared to its actual value. The reduction does not occur if the traveler negligently fails to report the defect.
Termination of the contract
If a trip is significantly affected by a defect and Arifu-Tours/Flyfishing-Namibia does not provide a remedy within a reasonable period, the traveler may terminate the travel contract in accordance with legal provisions in their own interest and for the sake of evidence, preferably by written declaration. A deadline for remedy is not required if remedy is impossible, refused by the tour operator, or if immediate termination of the contract is justified by a special interest of the traveler. The traveler owes the tour operator the portion of the travel price corresponding to the services used, as well as the services already booked and paid for by the organizer for the further course of the trip.
Damages
The traveler may demand damages for non-fulfillment without prejudice to the reduction or termination unless the defect of the trip is due to a circumstance for which Arifu-Tours/Flyfishing-Namibia is not responsible.
9. Limitation of Liability
Arifu-Tours/Flyfishing-Namibia is insured according to Namibian law. This includes public liability insurance, with a total liability limit per incident of N$ 5 million, as well as passenger liability insurance, also with a total liability limit per incident of N$ 5 million.
For damages or loss of personal equipment (e.g., photo and video equipment, clothing, valuables, etc.) due to theft, other loss, or extreme exposure such as sand, dust, high humidity, difficult road conditions, hiking, climbing, etc., Arifu-Tours/Flyfishing-Namibia cannot be held liable. Also, when stored or transported in the vehicles used or on pack animals, boats, etc., any liability of Arifu-Tours/Flyfishing-Namibia is excluded unless intentional or grossly negligent behavior has caused damage or loss.
Arifu-Tours/Flyfishing-Namibia is not liable for performance disruptions related to services that are merely mediated as third-party services (e.g., quad biking, diving, horseback riding, sightseeing flights, guided tours, boat trips, optional offers from local providers, etc.) and which are explicitly marked as third-party services in the travel advertisement.
Arifu-Tours/Flyfishing-Namibia is not liable for general life risks and strongly recommends additional travel accident, travel health, and possibly travel luggage insurance.
10. Obligation to Cooperate
The traveler is obliged to do everything reasonable to contribute to the remedy of any performance disruptions that may arise and to minimize the resulting damage for all parties involved. In the event of complaints, they are required to inform the local tour guide immediately. Written form is recommended. The tour guide is tasked with providing remedy where possible. The tour guide is not authorized to make statements regarding claims for damages. If the traveler negligently fails to report a defect, the right to reduction does not arise.
11. Exclusion of Claims and Limitation Period
Claims due to non-contractual provision of the trip must be asserted by the traveler within one month after the contractually agreed end of the trip against Arifu-Tours/Flyfishing-Namibia. After the deadline, the traveler may only assert claims if they were unable to comply with the deadline without fault. For their own interest, claims should be registered in writing. The decisive factor is the receipt by Arifu-Tours/Flyfishing-Namibia. For claims received later, any liability is excluded. Further claims and the limitation period are subject to the provisions of Namibian legislation.
12. Passport, Visa, and Health Regulations
Arifu-Tours/Flyfishing-Namibia is not responsible for informing about the entry requirements regarding passport, visa, and health regulations for nationals of other states, as well as any changes before the start of the trip. The relevant consulate provides information for nationals of other states. Each traveler, who must possess a valid passport, is responsible for complying with passport, entry, vaccination, currency, and customs regulations. Any necessary visas must be applied for by the traveler themselves. Arifu-Tours/Flyfishing-Namibia is not liable for the timely issuance and receipt of necessary visas by the respective diplomatic representation. Any disadvantages, especially the payment of cancellation costs arising from non-compliance with these regulations, are borne by the traveler.
13. Jurisdiction
The traveler can only sue Arifu-Tours/Flyfishing-Namibia at its registered office. The place of jurisdiction for trips organized by Arifu-Tours/Flyfishing-Namibia is Swakopmund/Namibia. For claims by Arifu-Tours/Flyfishing-Namibia against the traveler, the residence of the traveler is decisive, unless the claim is directed against fully commercial persons or persons who have moved their residence or habitual abode abroad after the conclusion of the contract, or whose residence or habitual abode is unknown at the time of the claim. In these cases, the registered office of the tour operator is decisive.
14. Tour Operator
Nicolaas Kirchner
t/a Arifu-Tours
P.O. Box 926
Swakopmund/Namibia.
15. Third-Party Providers
The services are provided under the respective conditions of the service provider.
16. General
The invalidity of individual provisions of the travel contract does not affect the validity of the entire travel contract.