1. Conclusion of a contract

1.1 A customer closes a binding contract when he registers for a travel. Registration can take place written, telephonically and by email. It is binding for the customer and all other listed participants. The customer is accountable for his own and other participants’ obligations, if he has taken responsibility by signing a separate and specific agreement. The contract results after accepting the conditions. The customer will receive a written confirmation from INTOSOL.

1.2 If the content of the travel confirmation differs from the content of the registration, INTOSOL has made a new offer that is valid for eight days. A contract will result if the costumer accepts the offer within the given eight days.


2. Payment

2.1 The costumer has to prepay 30% of the traveling expenses (at least the cost for the flights) when he signs the contract. The prepayment has to be made to the announced INTOSOL account within ten days after the billing date on the confirmation letter. We will set the prepayment off against the traveling expenses. The final payment has to be made 42 before the departure date or when you receive the travel documents, if you have not canceled the travel according to section 7.2 or 7.3. The amount for the prepayment and final payment result from the booking confirmation. If you book a trip within 30 days before departure, the total price has to be paid immediately.

2.2 The fees in case of cancelation (see section 5), as well as service charge and rebooking fee have to be paid immediately.

2.3 INTOSOL has the right to cancel the contract if the payments are not on time or complete and if the customer doesn’t pay the reminder. The customer has to pay the fees for the cancelation (section 5).


3. Service

3.1 The service descriptions are agreed to in the contract as can be seen in every individual offer and the booking confirmation.


4. Change in travel service

Changes and variations of individual travel services that are agreed to in the contract (for example flight time, itinerary), happen after conclusion of the contract and are not brought about by INTOSOL, are only permitted if changes are not considerable and overall agreements not affected. Possible guarantee claims remain unaffected, if the changes have defects. INTOSOL will let you know about possible changes or variations immediately. In some cases the customer will have the opportunity to rebook or cancel free of charge.


5. Cancelation, rebooking, replacement

5.1 The costumer can withdraw from the travel at all times before the departure. Important is that INTOSOL receives the resignation. We advise the costumer to hand in a written resignation. If the costumer withdraws from the travel or doesn’t start the trip, INTOSOL can insist on a refund for all travel arrangements and expenditures. Typical saved expenditures and possible other uses have to be considered for the refund calculation. INTOSOL has to calculate the refund considering the following classification of the closeness of the resignation to the agreed date of departure. The refund will always be a certain percentage of the travel expenses. It is left up to the customer to prove that the incurred loss was less severe than the requested refund.

For hotels in all destinations except for Mozambique and safari destinations (see below):

Up to 3 months before departure: 300, - € (deposit)
Less than 3 months before departure: 25 % of the total costs
Less than 2 months before departure: 25 % of the total costs
Less than 4 weeks before departure: 50 % of the total costs
Less than 3 weeks before departure: 60 % of the total costs
Less than 2 weeks before departure: 100 % of the total costs
Safari Lodges, Safari Camps and adventure trains (Rovos Rail/Blue Train):
60 till 31 days before departure - 25 % of the travel expenses
Less than 30 days before departure - 100 % of the travel expenses

For cancelations of travels to Botswana, INTOSOL will charge 20% directly.
For travel to Mozambique (or travel combinations where Mozambique is included):
More than 31 days before departure: 50 % of the travel expenses
Less than 30 days before departure: 100 % of the travel expenses
For the peak seasons Christmas, New Year’s and Easter applies to all destinations:
More than 31 days before departure: 50 % of the travel expenses
Less than 30 days before departure: 100 % of the travel expenses

In case a flight needs to be canceled, the terms and conditions of the particular airline apply. In addition the cancelation policy of the booked hotel needs to be considered. On request we will of course inform you about cancelation policies of hotel and airline before booking.

5.2 If the customer wants to change travel date, destination, place of departure, accommodation or mode of transportation, INTOSOL can charge a refund for all additional cost that arise because of the rebooking. We advise the costumer to hand in all changes in written form. INTOSOL would like to point out that the rebooking of plane tickets is depended on the ticket type and is not always possible.

5.3 The costumer can notify INTOSOL till the departure date that a third person is going to adopt all rights and responsibilities of the contract instead of him. INTOSOL can deny this third person if he doesn’t meet the travel requirements, statutory provisions or official guidelines. If a third person enters the contract, he and the costumer are responsible to pay all additional costs.


6. Unused services

If the return journey gets canceled or cannot be attended, INTOSOL will try to contact the travel providers so that they will reimburse you. This responsibility is not applicable if it concerns a irrelevant service or if the reimbursement is against legitimate or official regulations.


7. Resignation by INTOSOL

INTOSOL has the right to withdraw from the contract or to resign after the day of departure in the following cases:

7.1 If the tourist disturbs the travel procedure after he has received a warning by INTOSOL or if he acts contrary to contract, an immediate cancellation of the contract is justifiable without meeting a deadline. Even if INTOSOL withdraws, it still has the right to the travel costs, but all saved expenditures and other unused services, including reimbursements from travel providers, need to be considered.

7.2 A cancelation is also justifiable if the minimum number of participants, which was announced in the travel contract, cannot be achieved two weeks before departure. INTOSOL needs to inform the costumer immediately about a possible cancelation and send him a written resignation. The costumer will receive the travel expenses back directly. If INTOSOL knows at an earlier point of time that the minimum number of participants cannot be met, they have to inform the costumer.

7.3 If the demand is so low that INTOSOL would cross an economic line and if the travel procedure is not reasonable, INTOSOL has the right to withdraw until four weeks before date of departure. They only have the right to withdraw if they don’t need to justify the circumstances. If this is the reason for a cancelation, the costumer will be paid back immediately.


8. Contract cancelation because of extraordinary circumstances

8.1 If the trip is considerable endangered, difficult or affected because of unpredictable circumstances, it can be canceled both by INTOSOL and by the costumer. If the contract gets canceled, INTOSOL has the right to demand an appropriate reimbursement for all performed services.

8.2 INTOSOL is also obligated to do arrange everything that is necessary to organize a return journey. The customer needs to pay for all additional costs.


9. Liability of INTOSOL

9.1 INTOSOL is liable for a precise travel preparation; careful selection and observation of travel providers; default by service providing persons; compliance of agreed services; accuracy of descriptions on the website and travel documents, unless a change was announced by INTOSOL before contract conclusion according to section 3.

9.2 INTOSOL is not liable for interferences in connection with performances that are identified in the travel documents as external service (for example excursions).


10. Warranty

10.1 A costumer can demand reimbursement if the travel was not conventionary. The assistance of the costumer is necessary, irrespective of the prior liability of the tour operator. The tour operator needs to get involved in case of interference in service and try to correct or decrease the problems. The costumer’s responsibility is to contact INTOSOL or the assigned tour operator immediately if he wants to be reimbursed. The tour operator or local representative will be announced with receiving the travel documents at the latest. If no other external service company was listed, the costumer is responsible for contacting INTOSOL in case there are any problems. INTOSOL’s phone and fax number can be seen in the travel documents and other documentations. If the costumer does not inform the company about potential defects, they have no right to reimbursement. INTOSOL has also the opportunity to offer another equal service instead of a reimbursement, or can deny the request if it requires a very high effort.

10.2 The costumer can request the lowering of travel expenses during a travel with unsatisfactory service. This lowering will not take place if the costumer does not notify anyone about the defects.

10.3 If the travel is considerable affected because of a defect and if INTOSOL doesn’t reimburse the costumer within a deadline, even though the costumer requested it, he has the right to cancel the contract within the legal requirements. The same applies if the travel is not acceptable for the costumer because of a defect that is visible to INTOSOL. A deadline for the reimbursement is only necessary if it is the reimbursement not possible, INTOSOL denies or the immediate contract cancelation is justifiable through the costumer. The costumer needs to pay INTOSOL for all the services he made use of.

10.4 The costumer can request lowering of the travel expenses or reimbursement because of non-performance of the contract, unless it was not INTOSOL’s default.


11. Limitation of liability

11.1 The contractual liability for damages, not including physical injuries, is limited to three times the travel costs. There will be no reimbursement in case of deliberateness or gross negligence by the costumer or if INTOSOL is not accountable for the default of the service providers.

11.2 For all requests for reimbursements because of an unlawful act, not including deliberateness or gross negligence, INTOSOL is only liable for damages up to EUR 4.095; if three times the travel costs are higher than this amount, INTOSOL is liable for all damages up to three times the travel costs. The maximum liability sum applies to each costumer and travel.

11.3 INTOSOL is not liable for interferences in connection with performances that are identified in the travel documents as external service.

11.4 International arrangements or legal regulations that can be applied to the services of the travel providers can limit or exclude the right for reimbursement.

11.5 If the reimbursement corresponds to a contractual air carrier, the liability is subject to the regulations of the aviation law in connection to the international agreements of Warsaw, Den Haag, Guadalajara and Montreal (only for flight the USA and Canada). These agreements regulate the air carrier’s liability in case of death, physical injury and luggage loss and damage. Luggage losses and damages need to be reported immediately to the transportation company. The transportation company is obligated to send INTOSOL a written notification. If the costumer doesn’t report to the carrier, he can lose the right to reimbursement. If INTOSOL is the service provider, it is liable according to these regulations.


12. Claim exceptions and time limitations

12.1 Request for reimbursements because of not contractual service needs to be made within one month after the date of the agreed end of travel. After this deadline the costumer can only make a request if he can justify that an earlier request was not possible.

12.2 Claims of the costumer become time-barred after one year according to §§ 651 c and 651 f BGB. The limitation of claim starts at the agreed end of travel. There will be no limitations if INTOSOL and the costumer debate about the claim. The limitation of time will start again three month after the end of the debate.


13. Passport, visa and health regulations

13.1 INTOSOL is responsible for informing the costumer about passport, visa and health regulations as well as culture and people in their travel destination. Relatives from other countries need to contact their consulate. The costumer will be able to find most of the information in travel documents and the catalogue.

13.2 INTOSOL is not liable for a punctual issue or reception of a necessary visa, expect if the costumer commissions INTOSOL to do so. The costumer should calculate about 8 weeks to receive a visa or passport.

13.3 The costumer is responsible for the compliance with regulations during the travel. All disadvantages, especially additional costs, need to be paid by the costumer, except if they arise because of culpable wrong information by INTOSOL.


14. Insurance

Travel cancelation insurance and travel heath insurance are not included in the travel expenses. INTOSOL advises all costumers to conclude those insurances with the booking of the travel. For your safety, we suggest to have complete or basic coverage. We have a basic agreement with the European travel insurance AG, Munich. In case of an insured event we ask you to inform the European travel insurance AG, Munich immediately. We have no influence on the adjustment of claim.


15. Express fee / bank service charges

If the costumer books a travel within ten days before departure, he needs to pay an express fee of EURO 25. If the travel payment is made from abroad, we bill EURO 25 bank service charges.


16. Ineffectiveness of single regulations

The ineffectiveness of single travel contract regulations is not a reason for the ineffectiveness of the entire contract.


17. Jurisdiction

The costumer can sue INTOSOL only to its registered office.

For suits against the costumer by INTOSOL is the domicile of the costumer deciding. INTOSOL’s domicile is only deciding if the costumer changed his residence abroad, or if a residence was unknown at the time of the contract conclusion.

Status: June 2006