Terms & Conditions


Terms and Conditions (Terms of Use) of the K & K Premium Hunting GmbH

Where discrepencies exist between the German and English versions of our Terms & Conditions the German version will be considered correct.

§ 1 Organizing Hunting Trips

1. K & K Premium Hunting GmbH is primarily a booking agent for high quality hunts. The signed contract therefore includes the client’s authorization for K & K Premium Hunting GmbH, to negotiate and make contracts with designated outfitters/tour operators and enter any further agreements with other service providers (airlines, transport companies, hotels, etc.). The services rendered are generally not performed under the responsibility of K & K Premium hunting GmbH (§ 651a paragraph 2 BGB).

This is otherwise only if K & K Premium Hunting GmbH is expressly designated as "Outfitter/Tour Operator" or in within the framework of a complete package offer of travel services which are explicitly performed in responsibility of K & K Premium Hunting GmbH. In this case, a travel contract between K & K Premium Hunting GmbH and the client is mandatory.

2. The mediation contract for the provision of travel services comes either through written, oral or telephonic acceptance of an offer by the client, or receipt of a signed client registration or order confirmation at K & K Premium Hunting GmbH, or by receipt of initial payment from the client for the planned hunting trip at K & K Premium Hunting GmbH. As far as K & K Premium Hunting GmbH does not appear itself as the tour operator, the travel contract is concluded solely with the respective Outfitter/Tour Operator that is listed in the offer or brochure. In this case the conditions referred to in the offer or brochure shall apply.

§ 2 Payment

Unless otherwise agreed upon at booking a deposit of 50% of the total price is due immediately, this amount is 60% of the total price when traveling overseas. The balance is due no later than 40 days prior to departure. An exception to this rule is group and driven hunts in Germany (stand hunting, pushes or driven hunts). At booking the total price of the hunt is due immediately. If the balance is not paid by the agreed upon date, the respective Outfitter/Tour Operator has (in the case of mediation) or K & K Premium Hunting GmbH (as an organizer) the right to withdraw from the contract. In this case the client is not entitled to repayment of any deposit already received. The assertion of other rights of K & K Premium Hunting GmbH in accordance with the rules on cancellation costs (§ 3 of these conditions) remains unchanged. The client has the opportunity to prove that damage either did not occur at all or is much lower than the agreed upon sum. (§ 309 Ziff. 5 b BGB). As far as K & K Premium hunting GmbH primarily acts as an intermediary, the respective Outfitters then accepts with booking confirmation the intermediary collection power of attorney.
When commissioning or appointing K & K Premium Hunting GmbH to enter into a contract with other service providers (airlines, hotels, etc.) payments - except when otherwise agreed upon - are to be paid to the other service providers directly.

§ 3 Cancellation Fees

If a client cancels a booking, the travel agent is entitled to the following benefits:

In case of cancellation the client is responsible pay to K & K Premium Hunting GmbH as hunt mediator the full processing fee and all costs incurred up to the date of the cancellation. Since K & K Premium Hunting GmbH incurs costs in advance with respective Hunting Outfitters to secure the booking, in the case of cancellation less than 60 days but more than 30 days before departure, the client of K & K Premium hunting GmbH shall be responsible to pay the full processing fee and 50% of the prepayment costs incurred. In case of cancellation within 30 days before departure 100% of the prepayment costs incurred, along with the processing fee, are to be paid by the client. Insofar as K & K Premium Hunting GmbH has advanced expenditures to foreign tour operators and gets these returned from said tour operators, these amounts will be refunded to the client minus a rate of interest of 8% for the period of disbursement. The client has the possibility of prove that the damage is either negligible or much lower than the given amount.

§ 4 Hunting Groups / Transfer of Hunts

The registration of several hunting guests (hunting group), obligates the signer to inform the other hunting guests on the billing practices and enters the signer in payment obligation for the others in questions of doubt.
The client also has the right at any time to transfer the booking made by him for travel to another person who fulfills the necessary conditions for participating in the hunt. In this case the hunting client is obliged to inform K & K Premium Hunting GmbH immediately of the transfer but at least 14 days prior to departure. Otherwise, the hunt cannot be transferred. When transferring a hunt the person to whom the hunt is transferred, in addition to the original hunt participant, is liable for all unpaid obligations up to that point, and further costs that may still arise in connection with the hunt. For client initiated changes (hunt transfer) of a contract, an amount of € 50.00 processing fee is to be paid plus any additional costs incurred.

§ 5 Prices subject to change

If a hunt/trip begins more than 4 months after conclusion of the contract (§ 309 Ziff. 1 BGB), K & K Premium Hunting GmbH reserves the right to increase prices in the event that services of a hunting tour operators are subject to change due to possibly increasing transport costs, the delivery of certain services, such as port or airport fees, or a major fluctuation in the currency exchange rates applicable for the hunt in question. This right to a price change must be made at the latest 21 days before the departure date (§ 651 a IV BGB).

§ 6 Services of K & K Premium Hunting GmbH

1. Services as a Booking Agent
Insofar as K & K Premium Hunting GmbH operates as an intermediary for a hunting client its obligation to the client is limited to the information about the hunt / trip provided by K & K Premium Hunting GmbH -which is included in its brochures.
K & K Premium hunting GmbH is responsible for providing sufficient information about the consequences of liability in travel intermediation and tour operation. It is further required to bring the contract in respect to the proposed hunting trip with the tour operator or provider of services to conclusion, and to promote the sufficient implementation of the trip / services within the framework of the position as a mediator.
Transportation services, whether commercial or charter, for which carriers issue a transport contract / document, as well as special events such as excursions or tours are always only mediated.

2. Services as a hunt / tour operator
When functioning as the hunt provider K & K Premium hunting GmbH is responsible for the organization of hunt / travel services. The extent of the scope of responsibilities as hunt provider /organizer are limited to those defined in the prospectus and the written registration form, or booking confirmation.

§ 7 No shot guarantee

K & K Premium Hunting GmbH is not liable if the client does not actually harvest or have the opportunity to harvest a specifically booked game species. K & K Premium Hunting GmbH will only strive with the due diligence of prudent business practices to allow the client to harvest the desired species as designated contractually. Deviating provisions in particular cases require an explicit written agreement.

§ 8 Liability

The contractual liability of K & K Premium Hunting GmbH as a hunting tour operator due to damages that are not bodily injury is limited to three times the hunt / tour price, provided the damages are neither intentional nor due to gross negligence or if K & K Premium Hunting GmbH as a tour operator is solely responsible for a service provider.

Insofar as K & K Premium Hunting GmbH is acting as an intermediary, liability is limited to service disruptions purely in connection with the position as mediator. In addition, the assertion of legal liability claims only come into consideration against the organizer or other provider of services.

The hunting client assumes as a participant in a hunting trip full responsibility for all risks and dangers that are associated with a hunting trip, and these risks are not the responsibility of the hunt / tour operators. Therefore, every hunting trip is booked at the personal risk of the hunting client and / or the accompanying person. It is strongly recommended to take out insurance to cover all risks.

A claim for damages against the travel agent / organizer is restricted or excluded, insofar as under international conventions or based on such statutory provisions, and apply only to a service provider for services provided, a claim for damages against the service provider is asserted only under certain conditions or restrictions, or is excluded under certain conditions. For air travel, the provisions of the Aviation Act apply in conjunction with the Warsaw Convention; the liability of the carrier for death or personal injury as well as the loss and damage of luggage then is limited. For ship voyages the provisions of the Commercial Code and the Inland Navigation Law apply, if the travel agent takes the position equivalent to a ship owner.

In addition, the following limitation of liability applies to claims for damages:

K & K Premium hunting GmbH is liable according to the statutory provisions if the customer makes hunting a claim for damages based on intent or gross negligence, including intent or gross negligence of its representatives or agents. Insofar as K & K Premium hunting GmbH is not accused of any intentional or grossly negligent breach of duty, the claim for damages is limited to foreseeable, typically arising damage.

K & K Premium hunting GmbH is liable according to statutory provisions if it is responsible for the breach of an essential contractual obligation. In this case, the liability for damages is limited to the reimbursement of the foreseeable, typically occurring damage.

The liability for culpable injury to life, body or health remains unaffected; this also applies in the case of when a guarantee is given, as well as the compulsory liability under the Product Liability Act.

Moreover, liability is excluded.

§ 9 Special considerations regarding the of transport of guns and ammunition

The hunting client is fully responsible, especially when hunting abroad, for compliance with legal provisions, in particular as regarding safe transport and fulfilling the provisions of the formal requirements for the import of guns / ammunition overseas. With the mediation of hunt / trip contract between K & K Premium Hunting GmbH and an affected client it is agreed that the absence of a client's personal gun is not grounds for price reduction or for the termination of the hunt / trip, if K & K Premium Hunting GmbH provides a reasonable replacement gun at the location of the hunt within a period of 2 days.

§ 10 Cancellation / termination of the contract due to exceptional circumstances

If a hunt / trip is substantially impeded, endangered or impaired due to an unforeseeable force majeure after signing a contract either party may terminate the contract. If the contract is terminated, the mediator / organizer may demand reasonable compensation for the services already rendered or for travel services organized for the hunt / trip.

In this regard it is agreed between the parties in the contract that rabies in the hunting area, unusual weather conditions (e.g., early onset of the rainy season and associated necessary dismantling of the camps), floods, natural disasters, political unrest, etc., -acts of God- are within the definition of this.

In addition, K & K Premium Hunting GmbH also offers the mediation or organization of hunts on areas in military use in the Federal Republic of Germany. It is therefore agreed upon between the parties that a short-term and / or unforeseeable cancellation in the event of military exercises is grounds for a bilateral contract termination. In this case, the services provided by K & K Premium Hunting GmbH to the time of contract termination are also entitled to reasonable reimbursement.

§ 11 Unutilized Services

If the hunting client does not utilize a service due to early return / departure or other reasons, there is in principle no refund of costs. In this case, K & K Premium Hunting GmbH will only strive for reimbursement of saved expenditures. This obligation does not apply if it is totally insignificant or if a refund is contrary to legal or regulatory provisions.

§ 12 Processing fee

Regardless of whether a booked hunting trip is participated in, or not, the non-refundable processing fee is in each case per hunting client € 195.00, and for non-hunting accompanying persons 99.00 €. Deviating from this standard processing fee are some hunts booked in Germany including stand hunts, small game hunts and driven hunts. For driven hunts the processing fee is € 40.00 per person both for hunters and non-hunting companions. For stand hunts and small game hunts a processing fee of 99.00 € per person will be charged.

§ 13 Ownership of the hide and venison of harvested game

Unless otherwise agreed upon, the client acquires no ownership of the hide or the venison of the game he harvests.

§ 14 Single rooms

All travel prices are calculated on the basis of shared double rooms. If the overnight stays take place in a single room there will be a surcharge. More detailed information will be provided by K & K Premium Hunting GmbH.

§ 15 Additional services

Any additional service requirements of the clients, which have not been agreed in advance in writing (for example, additional hotel accommodation, additional meals, renting a rifle, etc.), are the responsibility of the client and are to be paid additionally on the spot. In mediated hunts / trips the service providers are to be paid by the client directly (§ 2).

§ 16 Trophy import

K & K Premium Hunting GmbH is not liable nor in any way responsible for importing hunted trophies into the homeland of the client. It is solely the client's responsibility to acquire the required official veterinary certificates and to ensure that the trophies are in the proper condition necessary for legal import. In particular, the need for import permits for species listed in the Washington Convention (Cites - Convention on International Trade in Endangered Species) for endangered animals must be complied with. Each client is responsible for Cites import permits, which can be applied for in Germany at the Federal Agency for Nature Conservation and Wildlife Conservation. (Konstantinstraße 110, 53179 Bonn) (Phone =+49 (0) 228 9543-442)

§ 17 Import of untanned hides and venison

The importation of untanned hides and venison generally requires veterinary approval and is solely the responsibility of the individual hunting client.

§ 18 Hunting regulations of the host country

Every client is obliged to recognize the binding hunting regulations in the country in which they are hunting. This also applies to the evaluation of trophies. Failure to observe the hunting regulations entitles the hunt organizer /outfitter to cancel the hunt without recourse of the client. If the client harvests a game species during a closed season, or against the express prohibition of the guide, or hunt organizer, or in his absence, an additional penalty will be levied. The amount of the penalty is generally conveyed in the brochure and is payable plus value added tax.

§ 19 Exclusion of claims and statute of limitation

Claims for non-fulfillment of contractual obligations against the tour operator regarding a hunt must be made by the client / participant within one month of the contractual end of the trip. The hunting client / participant may assert claims after the deadline, if he has been prevented through no fault of his own of meeting the deadline.
All claims are null and void after 6 months. The 6 month period begins on the day on which the hunt / trip contractually ends. Has the traveler made such claims, the limitation period is suspended until the date on which the tour operator rejects the claims in writing. Tort claims expire in 3 years.

§ 20 Significance of the protocol

A protocol shall be drawn up for each hunting area. This protocol is used as the basis of the later final invoice settlement. Contingent claims regarding hunting services, service, food, trophy measurement, or incidental expenses must therefore necessarily be expressly recorded in writing in the protocol. In addition, claims of any kind can only be asserted, if they have been reported immediately on the spot, and remedy was also requested. If the hunting organizers refuse to record complaints the protocol, then a complaint report shall be produced, which must at least be signed at least by the client and this must be referred to in the protocol.

§ 21 Hunting license and hunting liability insurance

All clients who do not have a valid federal hunting license are required to take out hunting liability insurance. Those who have never taken the German hunter exam and therefore cannot provide proof of the proper handling of guns may however hunt abroad, provided that the legal provisions in the country being hunted preclude this qualification, and must take out hunting liability insurance. It must however be expected that in the case of damage the insurance company will deny coverage.

§ 22 Invalidity of individual provisions

The invalidity of individual provisions of the mediation or contract does not invalidate the entire contract. Void or invalid contract provisions are to be newly formed respecting the principle of contractual compliance. If the contract has an omission, the parties commit to complete the contract and bring about the intended economic success.

§ 23 Insurance

Travel cancellation insurance is not included in the price of the hunt / trip. In this regard K & K Premium Hunting GmbH recommends the independent purchase of travel cancellation insurance.

§ 24 Place of Jurisdiction

The client can only take legal action against the travel booking agent at its registered location, Wuppertal, Germany.
For legal action of K & K Premium hunting GmbH against the client the residence of the client is binding, unless the suit is directed against entrepreneurs or persons who have transferred their residence or habitual residence abroad after conclusion of the contract. In these cases, the legal jurisdiction of K & K Premium Hunting GmbH shall prevail.

Our brochure is composed of many different hunt packages that take place in many different hunting seasons. Therefore, conditions and prices for individual packages are only valid for a certain period of time, for instance, for the respective hunting season, or as outlined in the brochure.

§ 25 Final Remarks

K & K Premium Hunting GmbH takes the greatest possible care in the selection of hunting areas and hunts, and in advising its clients. There can be no guarantee given regarding game populations, trophy quality, or hunting success. The information provided by K & K Premium Hunting GmbH refers exclusively to experiences of employees and clients and the personal judgments of our competent hunting trip advisors. The hunts offered by K & K Premium Hunting GmbH mainly take place in the wild and are therefore subject to many unpredictable uncertainties (weather conditions before and during the hunt); this also applies to development of the hunt itself (physical condition and shooting skills of the individual hunter). Many of the hunts take place in remote areas where a certain - often considerable - lack of comfort must be taken into account.
Remember that the hunting success to a large extent also depends on your empathy with foreign mentalities, on your own hunting passion, and your individual commitment.
Non-hunting companions should know that their needs are secondary to hunting matters, and that accompanying a hunt is only possible if local conditions allow.

§ 26 Commercial use of pictorial material

By signing of the mediation contract the respective client agrees to the use of arising hunting photos from his trip for commercial purposes including on the internet, in brochures and in the catalog. If the client does not agree to the commercial use of photos he must be notify K & K Premium Hunting GmbH in writing.