Terms and Conditions

GENERAL TERMS AND CONDITIONS OF BUSINESS

INTOSOL

Dear Traveller,

We kindly ask you to read the terms conditions set out below carefully. They will form part of the travel contract agreed upon at the moment of booking between you and Intosol GmbH & Co. KG. Some services and products may be regulated by different travel, transport and business conditions. Should such conditions have been agreed upon effectively, they will replace the conditions set out below. 

1. Formation of the travel contract

1.1 The customer makes Intosol a binding offer to enter into a travel contract through his booking. The booking may be effectuated in the written form, orally, through the telephone or via email. The customer making the booking is held responsible for the fulfilment of the travel contract by all the participants listed in the booking provided that he has accepted this responsibility by explicit and separate declaration. The travel contract is formed by acceptance of the booking by Intosol. The customer will receive a written travel confirmation.

1.2 Should the contents of the travel confirmation be different to those in the booking, a new offer will be made on the part of Intosol. The offer is binding for the duration of eight days. The travel contract is formed by the customer accepting this new offer within the eight day period. 

2. Payment 

2.1 Upon formation of the travel contract, the customer is required to pay 35% of the total travel price as well as the costs for flights and optional insurance packages. This advance payment is due within ten days counting from the invoice date to be deposited in the Intosol bank account detailed on the travel confirmation. The advance payment will be discounted from the total amount of the travel price. The final payment is due 6 weeks before the beginning of the travel services. The travel documentation will be delivered to the customer after having received the total amount. The amounts for the advanced payment and the final payment are detailed in the travel confirmation. In the case of a booking made 30 days or less prior to the beginning of the travel services, the total amount of the travel price is immediately due for payment. 

2.2 The fees applicable in the case of a cancellation (please see clause 5) as well as handling fees for changing reservations are immediately due for payment. 

2.3 Should the customer’s payments not me made to the total amount in due time and should the customer furthermore refrain from paying after having received a reminder notice, Intosol may cancel the travel contract and charge the cancellation fees detailed in clause 5. 

3. Services, facilities and changes made by Intosol

3.1 The services and facilities agreed upon by contract are detailed in the service description of the individual booking and in the travel confirmation. 

3.2 Changes of the trip’s services (e.g. changes of flight times or changes made to the itinerary) that become necessary after the formation of the travel contract are only permissible if the changes are made by Intosol in good faith and they are not substantial and do not change the general character of the booked trip. The customer retains his right to a potential claim in the case of faults in the changed services. Intosol will inform the customer about any changes to the services and facilities agreed upon without delay. Where applicable, Intosol will offer the customer the choice to change or cancel the booking free of charge. 

4. Increase of the travel price
Intosol reserves the right to change the travel price agreed upon in the travel contract in the case of a rise in transportation costs or fees for using facilities like ports or airports or changes of currency exchange rates relevant for the trip in keeping with the following provisions. 

4.1 In the case of a rise of transportation costs after the formation of the contract, particularly the fuel costs, Intosol may increase the travel price in accordance with the following calculation:
a) If the rise in transportation costs is calculated on top of each seat, Intosol may add the surcharge to the travel price. 
b) In other cases the transportation provider’s surcharge applicable to the entire transportation vehicle will be divided by the total number of available seats in the transportation vehicle. The resulting surcharge per single seat may be charged to the customer. 

4.2 In the case of rising fees for the use of port or airport facilities after the formation of the travel contract, Intosol may add the applicable partial surcharge to the travel price. 

4.3 In the case of changes to the currency exchange rates relevant to the trip after the formation of the contract and resulting in increased costs, Intosol may increase the travel price in the same relation. 

4.4 An increase of the agreed travel price is only permissible if at least four months separate the date of the formation of the travel contract from the travel date and the circumstances leading to the increased price had not taken effect and were unforeseeable by Intosol at the time of agreeing on the travel contract. 

4.5 In the case of an increase of the travel price after the formation of the travel contract, Intosol will notify the customer immediately. An increase of the travel price 42 days and less prior to the start of the trip is not permissible. In the case of an increase of the travel price of more than 5%, the customer may cancel the travel contract free of charge or demand a trip of equal or better standard should Intosol be in a position to offer such a trip within its product range with no surcharge for the customer. The customer has to make this demand with no delay after having been notified by Intosol of the increase in the travel price. 

5. Cancelation and changes by the customer, name changes

5.1 The customer may at all times cancel the travel contract before starting the trip. The declaration of the cancellation needs to reach Intosol to become effective. We recommend the customer to send a cancellation in writing. Should the customer cancel the travel contract or not show up for departure, Intosol may demand compensation for the trip arrangements that have been made and the resulting expenditures. The calculation of the compensation needs to take into account the avoided expenditure and the trip services and facilities that were alternatively assigned. Intosol can generalize the compensation with relation to the time of cancellation prior to the start of the trip expressed in a percentage of the agreed travel price. The customer reserves the right to demonstrate that Intosol did not suffer any or less damage than the applicable general compensation detailed below. 

Hotels in all countries: 
Time of booking to 3 months prior to the start of the trip: 35% of the total travel price 
Less than 3 months prior to the start of the trip: 50% of the total travel price
Less than 6 weeks prior to the start of the trip: 70% of the total travel price
Less than 4 weeks prior to the start of the trip: 80% of the total travel price
Less than 3 weeks prior to the start of the trip: 90% of the total travel price
Less than 2 weeks prior to the start of the trip: 95% of the total travel price
Cancellation of flights from the first day of booking: 95% of the total travel price
The above cancellation fees apply to business and first class flight. Special rates in business and first class flights (e.g. partner rates or early booker rates): 95% cancellation fee from the moment of booking. 
Stricter cancellation regulations apply during the peak seasons (Easter, Christmas, New Year).

5.2 Should changes to the trip be made on request of the customer and after having formed the travel contract concerning the trip dates, destinations, departure points, accommodation or transportation, Intosol may demand compensation for the resulting costs incurred. Intosol recommends sending all changes in writing. Intosol advises that a change of flight details depends on the ticket conditions and may not be accepted by the air carrier. 

5.3 Until the start of the trip, the customer may notify Intosol that another suitable person may assume the rights and responsibilities as stipulated in the travel contract. Intosol reserves the right to decline the participation of that third person should she or he not fulfill the travel requirements or should the participation of that person be barred by legal or administrative regulations. If a third person enters into the contract that third person and the customer may be held responsible by Intosol as a joint debtor for the total travel price and all costs incurred by the name change effectuated. 

6. Services not consumed
Should the traveler not make use of single services or facilities due to a premature return journey or other compelling reasons, Intosol will endeavor to receive a refund from its providers for any avoidable expenditure. This responsibility is void in the case of unsubstantial services and in the case of a refund barred by legal or administrative regulations. 

7. Cancelation by Intosol
In the following cases Intosol may cancel the travel contract before or during the trip. 

7.1 Intosol may cancel the travel contract without prior notice if the traveler persistently disrupts the operation of the trip despite a prior warning by Intosol or if the traveler acts in any other grave way in contrary to travel contract agreed upon. Should Intosol cancel the travel contract, the customer retains a claim on a part of the travel price derived from a calculation of the avoided expenditure and the trip services and facilities that were alternatively assigned including amounts credited to his benefit from suppliers. 

7.2 Intosol may cancel the travel contract up until two weeks prior to the start of the trip should the minimum number of travel participants, as set out in the trip description or by administrative regulation, not have been reached. In this case, Intosol will notify the customer without delay as soon as the requirements for a cancellation have been reached. All payments made on the travel price will be returned to the customer without delay. Should it become apparent at an earlier moment that the minimum number of travel participants cannot be reached, Intosol will notify the customer. 

8. Cancelation of the travel contract through force majeure

8.1 Should the trip be gravely encumbered, endangered or impaired through force majeure that was unforeseeable at the formation of the contract, both Intosol and the customer may cancel the travel contract. If the contract is cancelled, Intosol may claim reasonable compensation for services that have been rendered or need to be rendered before the termination of the trip. 

8.2 It is Intosol’s responsibility to take any necessary measures to ensure the travelers’ return, especially if the travel contract included the return journey. The additional charges for the return journey are to be paid by the travelers. 

9. Liability

9.1 Intosol is under the obligation to exercise due diligence and may be held liable for the careful preparation of the trip, selection and supervision of suppliers, faults committed by persons charged with service delivery, the correct description of trip services and facilities on the webpage, unless Intosol has declared a change of catalogue information prior to the formation of the contract as detailed in provision 3, and the due delivery of all agreed trip services and facilities. 

9.2 Intosol may not be held liable for faults in services and facilities delivered by third parties (e.g. excursion and activities) that have been marked as third party services in the trip description with Intosol acting as a broker. 

10. Intosol Responsibilities

10.1 Should the trip’s services and facilities not be delivered in accordance with the travel contract, it is the customer’s right to demand remedial action. The customer’s cooperation is required, notwithstanding Intosol’s primary responsibility to deliver contracted services. It is the customer’s responsibility within legal regulation to cooperate towards an effective remedial action and to minimize or avoid possible damage in the case of a faulty service or facility. It is the customer’s particular responsibility to communicate his complaint to the Intosol tour guide or the local agency without delay and to demand appropriate remedial action. The customer is provided with the contact information for the local tour guide or agency, if not earlier, with the travel documentation. Should a tour guide or a local agency form no part of the trip operation and should this not be a part of the contractual agreement, it is the customer’s responsibility to communicate his complaint to Intosol directly without delay and to demand appropriate remedial action. Intosol can be contacted through the address, telephone and fax contact details provided in the travel confirmation and the travel documentation. The customer forfeits his right to claim a price reduction should the customer neglect to report his complaint of faulty services. Intosol’s may offer remedial action in the form of an equivalent substitute service. Intosol may decline to provide remedial action should the expenditure be disproportionate.

10.2 The customer may claim a respective price reduction for the duration that a contractual service is not delivered or faulty. The customer forfeits his right to claim a price reduction should the customer neglect to report his complaint of faulty services. 

10.3 Should the trip be substantially affected through a faulty service, with no remedial action having been offered by Intosol within a reasonable period of time despite the customer’s explicit request for remedial action, it is the customer’s right to cancel the travel contract within the legal regulations. This is also the case should the trip become unacceptable for the customer through a major faulty service apparent to Intosol. The definition of an appropriate time period for remedial action may only become obsolete if remedial action is impossible, Intosol declines to provide remedial action or else if the immediate cancelation of the travel contract is justified by a special interest on the part of the customer. Intosol may demand that part of the travel price related to the consumed services from the customer should they have been of interest to the customer.

10.4 It is the customer’s right to claim indemnification for non-fulfillment, notwithstanding the right to claim a price reduction or to cancel the contract, unless the faulty service originates from circumstances that Intosol may not be held responsible for. 

11. Limitation of Liability

11.1 Intosol’s liability for damages within the travel contract is limited to threefold the travel price, with the exception of bodily harm, those damages that were caused willfully or through gross negligence and those cases where Intosol may be held responsible for a damage caused to the customer by a culpable service provider. 

11.2 Intosol may be held liable for property damages to the amount of 4,095 Euros, should the threefold travel price exceed this amount, the liability will be limited to the threefold travel price, for all those damages claimed because of illicit actions without gross negligence or ill intent. These liability limits apply to each customer per trip. 

11.3 Intosol may not be held responsible for faulty services that have been explicitly marked as third party services and that Intosol only procured as a broker. 

11.4 All damages claimed on Intosol are limited or excluded so far as international agreements or legal regulations that apply to services rendered by providers set out limits or conditions and exclude damage claims under certain conditions. 

11.5 Should Intosol occupy the position of a contractual air carrier, the liability will be in accordance with the air traffic laws as set out in the international conventions of Warsaw, The Hague, Guadalajara and the Montreal Convention (applies to flights to the USA and Canada). These conventions generally limit the liability of the air carrier in the case of death, bodily harm and loss or damage of the baggage. The transportation provider is required to issue a confirmation in writing. The right to make a claim may be lost without a due notification. Should Intosol become a service provider in other cases, Intosol may be held responsible in accordance with the applicable regulations.

12. Exclusion of claims and limitation period

12.1 All claims in connection with services not rendered in accordance with the travel contract have to be made by the customer on Intosol within one month after the conclusion of the trip as defined in the travel contract. The customer may make claims after this limitation period if he has been prevented to comply with the limitation period without negligence on the customer’s part. 

12.2 Customer rights in accordance with the §§ 651 c to 651 f BGB expire after one year. The expiration period starts with the conclusion of the trip as defined in the travel contract. In the case of unsettled proceedings between Intosol and the customer concerning claims or the circumstances justifying a claim, the expiration period is suspended until the customer or Intosol declines to continue the proceedings. The expiration becomes effective at the earliest three months after the suspension period. 

13. Passport, visa and health regulations

13.1 Intosol will inform citizens of those countries, where the trip is being offered, about regulations concerning passport, visa and health regulations as well as any possible changes before the start of the trip. Citizens of third countries may receive information from their respective consulate. The information in the catalogue and in the travel documentation provides essential information about all the necessary formalities for the trip. 

13.2 Should the customer have charged Intosol with the procurement of visas, Intosol may not be held responsible for the timely issuance and delivery of the necessary visas provided by respective diplomatic mission, unless Intosol is responsible for the delay. The customer is advised to observe a period of approximately 8 weeks for the procurement of visas from the respective authorities. 

13.3 It is the customer’s responsibility to observe all the regulations for the operation of the trip. Damages and disadvantages, specifically expenditures for cancelations, caused by failure to observe the regulations, are charged to the customer, unless they have been caused through negligent false or missing information provided by Intosol. 

14. Insurance
The travel price does not include travel cancellation insurance or travel health insurance. Intosol strongly recommends taking out such insurances at the time of booking. For your security and wellbeing, we recommend the complete and the basic protection plans. We offer competitive plans within a framework contract with the Europäische Reiseversicherung AG, Munic (European Travel Insurance Munic). The Europäische Reiseversicherung AG, Munic has to be notified immediately in an insurance case. Intosol does not process insurance claim settlements. 

15. Short notice surcharge / foreign country bank fee surcharge
In the case of a booking made within 10 days prior to the scheduled departure, a short notice surcharge of 25 Euros applies. In the case of a payment made from a foreign country, a bank fee surcharge of 25 Euros applies. 

16. Ineffectiveness of provisions
If a provision of this agreement is or becomes ineffective, illegal or else unenforceable, the remaining provisions remain valid and enforceable. 

17. Place of jurisdiction
The customer may proceed legally against Intosol at its registered seat of headquarters. 
The customer’s place of residence is relevant for any legal proceedings of Intosol against the customer, unless the lawsuit is directed at fully qualified traders or persons that moved their seat of residence or habitual residence into a foreign country after the formation of the travel contract or those whose seat of residence or habitual residence is unknown at the time of filing a lawsuit. In these cases Intosol’s registered seat of headquarters will be the place of jurisdiction. 
May 2009

Rental Car Conditions
SOUTH AFRICA

South Africa: Included in the rental car price are: 

- Unlimited kilometers / value added tax
- STLW Theft insurance
- SCDW Vehicle damage insurance
- Tourism fee
- Airport fee
- Europe Assist – with a personal accident insurance
- Road maps (please ask for the maps when picking up the rental vehicle)
- Courtesy rental phone (has to be pre-booked)
- Additional helpful information
South Africa: Not included in the rental car price are: 
- Rental car deposit / fuel (The deposit will be blocked on your credit card when picking up the vehicle and freed after returning the vehicle): R 1,000.00
- Contract fees per rental agreement: R 38.00 (have to be paid directly)
- R 140.00 for a baby seat
- Fine handling fee: R 440.00 in the case of a traffic law infringements 
- Fee for young drivers aged 18 to 21 years: R 125.00 per driver and day
- One way fee (within South Africa, more than 150km): R 440.00
- One way drop off cross border fee: Namibia and Botswana: R 3,800.00
- One way drop off cross border fee: Gaborone: R 3,800.00
- One way drop off cross border fee: Francistown, Kasane, Maun: R 4,550.00
- One way drop off cross border fee: Swaziland: R 1,650.00
- One way drop off cross border fee: Lesotho: R 1,450.00
- Drop off and pick up costs in a 25km radius during business hours: R 140.00
- Drop off and pick up costs in a 25 km radius outside business hours: R 280.00
- Drop off and pick up costs per kilometer starting at 26km: R 5.15
- Accident handling fee: R 450.00
- Fee for not picking up the vehicle
- Damages to the windscreen and tires (an optional insurance is available on site for R 28.00 per day)
- Water damage and damages underneath the vehicle are not insured and need to be paid directly by the driver
- Towing costs
- Fuel costs
- Additional driver (R 110.00 per additional driver per rental contract)

All costs related to the rental vehicle need to be paid in South Africa in South African Rand and are listed here in the local currency. Please note that the terms, conditions and prices may be changed by the local rental company. 



NAMIBIA

Namibia: Included in the rental car price are:
- Unlimited kilometers
- Super limitation of liability (SCDW)
- Super theft insurance (STLW)
- Personal accident insurance (PAI) incl. Europe Assist
- Tourism fee
- Value added tax (GST)
- Drop off and pick up fees
- Airport fee
Namibia: Not included in the rental car price:
- Contract fees N$40
- Fee for an additional driver per driver per rental contract N$175
- Fee for young drivers (aged 18 to 20) per day N$135
- Baby seat and booster per rental contract N$200
- Accident handling fee N$400
- Drop off and pick up fee during business hours N$200
- Drop off and pick up fee outside business hours N$380
- Drop off and pick up fee per kilometer for distances more than 25km from the rental station N$7.00
- One way rental possible within Namibia, prices on request
- One way rental drop off cross border fee: Botswana, Gaborone N$3800
- One way rental drop off cross border fee: Francistown and Maun N$5050
- One way rental drop off cross border fee: Kasane N$5050
- One way rental drop off cross border fee: South Africa, Swaziland and Lesotho N$4000
- Cross border fee: South Africa and Botswana N$1000
- Water, sand and underfloor damage
- Towing costs (unless caused by mechanical defect)
- Tire and windscreen protection per unit per day N$35
- Fine handling fee for traffic law infringements N$190

PLEASE NOTE:
All damages caused to the vehicle (clutch, tires, body and windscreen) during the rental period that are not covered by the liability insurances ACDW and CDW will be charged separately at the conclusion of the rental period. 
INSURANCE:
The accidental damage excess remains in place even with the super limitation of liability plan. The amount of the excess is determined by the vehicle make and model (see table).
Group Acriss Code Vehicle Manufacturer
P EDMN VW Chico or similar
B CDMR Toyota Yaris T3 or similar
C ICMR Toyota Corolla or similar
D IDAR Toyota Yaris T3 or similar
G PDAR Mercedes C Class or similar
S SFMR 4x4 Toyota Single Cab or similar
L FFMR 4x4 Toyota Double Cab or similar
K SWMR Nissan X-Trail 2x4 or similar
N LVMR Toyota Quantum or similar

GENERAL INFORMATION
Any waiver of excess amounts is void in the case of: 
- negligent, willful or criminal action on part of the driver / fellow passengers. The details are listed in the rental car agreement. 
- if the vehicle was driven by neither the first nor the second registered driver
- driving under the influence of alcohol or any illegal substances
- illicit modification of the odometer
- neglecting to notify the Budget personnel within 24 hours in the case of an accident
- crossing state borders without a writtenauthorizationn by Budget
- infringements of the provisions in the rental agreement