policy
Dear Traveller,
We kindly request that you carefully read the terms and conditions set out below. These terms will constitute a part of the travel contract agreed upon at the time of booking between you and Intosol Travel Design. Some services and products may be subject to different travel, transport, and business conditions. If such conditions have been effectively agreed upon, they will replace the conditions set out below.
1. Formation of the travel contract
1.1 The customer submits a binding offer to Intosol to enter a travel contract through their booking. This booking can be made in written form, orally, via telephone, or through email. The customer making the booking is responsible for ensuring the fulfilment of the travel contract by all the participants listed in the booking if they have accepted this responsibility through explicit and separate declaration. The travel contract is formed upon the acceptance of the booking by Intosol. The customer will then receive a written travel confirmation.
1.2 If the contents of the travel confirmation differ from those in the booking, Intosol will provide a new offer. This offer is binding for a duration of eight days. The travel contract is formed when the customer accepts 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 from the invoice date and should be deposited into the Intosol bank account detailed on the travel confirmation. The advance payment will be deducted from the total amount of the travel price. The final payment is due six weeks before the commencement of the travel services. The travel documentation will be delivered to the customer after the total amount has been received. The amounts for the advance payment and the final payment are specified in the travel confirmation. In the case of a booking made 30 days or less prior to the commencement 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 If the customer’s payments are not made in full and on time, and if the customer further refrains from paying after receiving a reminder notice, Intosol may cancel the travel contract and apply the cancellation fees detailed in clause 5.
3. Services, facilities and changes made by Intosol
3.1 The services and facilities agreed upon in the contract are outlined in the service description provided in the individual booking and in the travel confirmation.
3.2 Changes to the trip’s services (e.g., changes in flight times or alterations 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 are not substantial, altering the general character of the booked trip. The customer retains the right to potentially claim for any faults in the altered services. Intosol will promptly inform the customer about any changes to the agreed-upon services and facilities. If applicable, Intosol will offer the customer the option to change or cancel the booking free of charge.
4. Increase of the travel price
Intosol reserves the right to modify the travel price agreed upon in the travel contract in the event of an increase in transportation costs or fees for using facilities such as ports or airports, or changes in currency exchange rates relevant to the trip, in accordance with the following provisions.
4.1 In the case of a rise in transportation costs, especially fuel costs, after the formation of the contract, Intosol may increase the travel price in accordance with the following calculation:
- a)If the rise in transportation costs is calculated per seat, Intosol may add the surcharge to the travel price.
- b)In other cases, the surcharge applied by the transportation provider to the entire transportation vehicle will be divided by the total number of available seats in the vehicle. The resulting surcharge per individual seat may be charged to the customer.
4.2 In the event of an increase in fees for the use of port or airport facilities after the formation of the travel contract, Intosol may include the relevant partial surcharge in 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 in the agreed-upon travel price is only allowed if there is a minimum of four months between the date of the formation of the travel contract and the travel date, and if the circumstances leading to the increased price had not occurred and were unforeseeable by Intosol at the time of agreeing to the travel contract.
4.5 If the travel price increases after the formation of the travel contract, Intosol will promptly notify the customer. An increase in the travel price within 42 days or less prior to the start of the trip is not allowed. If the travel price increases by more than 5%, the customer may choose to cancel the travel contract without any additional charges or request a trip of equal or superior quality, provided that Intosol can offer such an alternative within its product range without an additional cost to the customer. The customer must make this request immediately after receiving notification from Intosol regarding the price increase.
5. Cancelation Policy5. Cancelation Policy
5.1 We acknowledge that circumstances may arise that necessitate the cancellation of travel plans. To maintain transparency and fairness, we have established a comprehensive cancellation policy, which takes into account the timing of cancellations relative to the departure date.
Cancellation 6 Months or More Prior to Departure
No cancellation fee will be levied during this timeframe, respecting the need for early planning flexibility.
Cancellation Within 6 Months to 3 Months Prior to Departure
A cancellation fee equivalent to 25% of the total travel costs will be imposed. This fee serves to cover administrative and processing expenses associated with the booking.
Cancellation Within 3 Months to 2 Months Prior to Departure
A cancellation fee of 50% of the total travel costs will be enforced. This period often involves substantial commitments with our partners and service providers.
Cancellation Within 2 Months to 4 Weeks Prior to Departure
A cancellation fee of 70% of the total travel costs will be applicable. As the departure date nears, more substantial expenses are incurred, and this fee helps defray those costs.
Cancellation Within 4 Weeks to 2 Weeks Prior to Departure
A cancellation fee amounting to 90% of the total travel costs will be charged. This is to account for the expenses associated with the finalization of your travel arrangements.
Cancellation Within 2 Weeks or Less Prior to Departure
A cancellation fee of 100% of the total travel costs will be mandatory. By this stage, all preparations and bookings have been confirmed, rendering refunds unfeasible.
5.2 This comprehensive policy has been designed to provide our valued customers with a clear understanding of the financial implications of canceling travel plans. If you have any questions or require further elucidation, our dedicated customer support team is at your service. Your satisfaction and comprehension are of paramount importance to us.
6. Services not consumed
Should the traveller not make use of single services or facilities due to a premature return journey or other compelling reasons, Intosol will endeavour to receive a refund from its providers for any avoidable expenditure. This responsibility is void in the case of insubstantial services and in the case of a refund barred by legal or administrative regulations.
7. Cancelation by Intosol
Intosol may cancel the travel contract before or during the trip in the following cases.
7.1 Intosol may cancel the travel contract without prior notice if the traveller persistently disrupts the operation of the trip despite a warning by Intosol or if the traveller acts in any other grave way contrary to the travel contract agreed upon. Should Intosol cancel the travel contract, the customer retains a claim on a portion of the travel price, calculated based on the avoided expenditure and the trip services and facilities that were alternatively assigned, including amounts credited to their benefit from suppliers.
7.2 Intosol may cancel the travel contract up until two weeks prior to the start of the trip if the minimum number of travel participants, as specified in the trip description or by administrative regulation, has not been reached. In such a case, Intosol will promptly notify the customer as soon as the conditions for cancellation have been met. All payments made toward the travel price will be promptly refunded to the customer. If it becomes evident at an earlier point 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 significantly impeded, endangered, or disrupted due to force majeure that was unforeseeable at the time of contract formation, both Intosol and the customer may cancel the travel contract. If the contract is canceled, Intosol may claim reasonable compensation for services that have been provided or need to be provided before the termination of the trip.
8.2 It is Intosol’s responsibility to take any necessary measures to ensure the travellers’ return, especially if the travel contract included the return journey. The additional charges for the return journey are to be borne by the travellers.
9. Liability
9.1 Intosol is obligated 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 responsible for service delivery, the accurate description of trip services and facilities on the webpage, unless Intosol has declared a change of catalog information before the contract formation, as detailed in provision 3, and the due delivery of all agreed-upon trip services and facilities.
9.2 Intosol may not be held liable for faults in services and facilities delivered by third parties (e.g., excursions and activities) that have been designated as third-party services in the trip description, with Intosol acting as a broker.
10. Intosol Responsibilities
10.1 If the trip’s services and facilities are not delivered in accordance with the travel contract, the customer has the right to demand remedial action. The customer’s cooperation is required, despite Intosol’s primary responsibility to deliver contracted services. Within legal regulations, it is the customer’s responsibility to cooperate effectively in remedial action and to minimize or avoid potential damage in the case of faulty service or facilities. The customer must promptly communicate their complaint to the Intosol tour guide or the local agency and request appropriate remedial action. Contact information for the local tour guide or agency is provided in the travel documentation, if not earlier. If a tour guide or local agency is not part of the trip operation or contractual agreement, the customer must directly contact Intosol without delay to report their complaint and request appropriate remedial action. Intosol can be reached through the contact details provided in the travel confirmation and travel documentation. Failure to report a complaint of faulty services forfeits the customer’s right to claim a price reduction. Intosol may offer remedial action in the form of an equivalent substitute service but may decline if the expenditure is disproportionate.
10.2 The customer may claim a corresponding price reduction for the duration that a contractual service is not delivered or is faulty. Failure to report a complaint of faulty services forfeits the customer’s right to claim a price reduction.
10.3 If the trip is substantially affected by a faulty service, with no remedial action offered by Intosol within a reasonable period despite the customer’s explicit request, the customer has the right to cancel the travel contract within legal regulations. This also applies if the trip becomes unacceptable for the customer due to a major faulty service evident to Intosol. The definition of an appropriate time period for remedial action may become obsolete if remedial action is impossible, Intosol declines to provide remedial action, or immediate cancellation of the travel contract is justified by a special interest on the customer’s part. Intosol may demand part of the travel price related to the consumed services from the customer if they were of interest to the customer.
10.4 The customer has the right to claim indemnification for non-fulfillment, in addition to the right to claim a price reduction or cancel the contract, unless the faulty service originates from circumstances for which Intosol cannot be held responsible.
11. Limitation of Liability
11.1 Intosol’s liability for damages within the travel contract is limited to three times the travel price, except in cases of bodily harm, damages caused intentionally or through gross negligence, and instances where Intosol may be held responsible for damage caused to the customer by a culpable service provider.
11.2 Intosol may be held liable for property damages up to the amount of 4,095 Euros. If three times the travel price exceeds this amount, liability will be limited to three times the travel price for all damages claimed due to illicit actions without gross negligence or ill intent. These liability limits apply to each customer per trip.
11.3 Intosol cannot be held responsible for faulty services explicitly marked as third-party services, which Intosol only procured as a broker.
11.4 All damages claimed against Intosol are limited or excluded to the extent that international agreements or legal regulations applicable to services provided by providers set limits or conditions and exclude damage claims under certain conditions.
11.5 If Intosol acts as a contractual air carrier, liability will be in accordance with air traffic laws specified in international conventions such as Warsaw, The Hague, Guadalajara, and the Montreal Convention (applying to flights to the USA and Canada). These conventions typically limit the air carrier’s liability in cases of death, bodily harm, and loss or damage to baggage. The transportation provider must issue a written confirmation, and the right to make a claim may be forfeited without proper notification. If Intosol provides services in other cases, its liability will be in accordance with applicable regulations.
12. Exclusion of Claims and Limitation Period
12.1 All claims related to services not provided in accordance with the travel contract must be submitted to Intosol by the customer 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 they were prevented from complying with the limitation period without negligence on their part.
12.2 Customer rights in accordance with sections 651c to 651f BGB expire after one year. The expiration period begins with the conclusion of the trip as defined in the travel contract. In the event of ongoing proceedings between Intosol and the customer regarding claims or circumstances justifying a claim, the expiration period is suspended until either the customer or Intosol declines to continue the proceedings. The expiration takes effect at the earliest three months after the suspension period.
13. Passport, Visa, and Health Regulations
13.1 Intosol will provide information to citizens of the countries where the trip is offered about passport, visa, and health regulations, as well as any possible changes, before the start of the trip. Citizens of third countries can obtain information from their respective consulate. The catalogue and travel documentation contain essential information about all necessary formalities for the trip.
13.2 If the customer has entrusted Intosol with the procurement of visas, Intosol cannot be held responsible for the timely issuance and delivery of the necessary visas provided by the respective diplomatic mission, unless Intosol is responsible for the delay. Customers are advised to allow approximately 8 weeks for the procurement of visas from the respective authorities.
13.3 It is the customer’s responsibility to adhere to all regulations for the operation of the trip. Damages and disadvantages, particularly expenses resulting from cancellations, incurred due to a failure to observe the regulations, are the responsibility of the customer unless they have been caused by 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 well-being, we recommend the complete and basic protection plans. We offer competitive plans within a framework contract with Europäische Reiseversicherung AG, Munich (European Travel Insurance Munich). In the event of an insurance claim, Europäische Reiseversicherung AG, Munich must be notified immediately. 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. For payments made from a foreign country, a bank fee surcharge of 25 Euros applies.
16. Ineffectiveness of Provisions
If any provision of this agreement becomes ineffective, illegal, or unenforceable, the remaining provisions remain valid and enforceable.
17. Place of Jurisdiction
The customer may legally proceed against Intosol at its registered headquarters. For legal proceedings initiated by Intosol against the customer, the customer’s place of residence is relevant unless the lawsuit involves fully qualified traders or individuals who changed their seat of residence or habitual residence to a foreign country after the formation of the travel contract or individuals whose seat of residence or habitual residence is unknown at the time of filing a lawsuit. In such cases, Intosol’s registered headquarters will be the place of jurisdiction.
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 personal accident insurance
- Road maps (please request maps when picking up the rental vehicle)
- Courtesy rental phone (must be pre-booked)
- Additional helpful information
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 released after returning the vehicle): R 1,000.00
- Contract fees per rental agreement: R 38.00 (must be paid directly)
- Baby seat: R 140.00
- Fine handling fee for traffic law infringements: R 440.00
- Fee for young drivers aged 18 to 21 years: R 125.00 per driver per 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 (optional insurance available on-site for R 28.00 per day)
- Water damage and damages underneath the vehicle is 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 must be paid in South Africa in South African Rand and are listed in the local currency. Please note that the terms, conditions, and prices may be subject to change by the local rental company.
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 4×4 Toyota Single Cab or similar
L FFMR 4×4 Toyota Double Cab or similar
K SWMR Nissan X-Trail 2×4 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 the part of the driver or fellow passengers. 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 written authorization by Budget.
- Infringements of the provisions in the rental agreement.
