General terms & conditions for guided tours
of the company Enduro Offroad Tours cc. t/a Enduro Namibia
1. Conclusion of the travel contract
1.1 With your booking you bindingly offer the company Enduro Namibia the conclusion of the travel contract.
1.2 The booking can be conducted per internet booking form, in writing, verbally or telephonically. It is made by the applicant and includes all participants listed in the booking, for whose contractual obligations as well as his own the applicant is responsible, as long as he has taken a relevant separate obligation by an explicit and relevant statement.
1.3 The travel contract becomes legally effective once the tour operator has accepted the booking. The acceptance can be informal. During or immediately after entering into the travel contract the company Enduro Namibia will submit / hand over the booking confirmation.
1.4 Should the content of the booking confirmation not comply with the content of the booking a new offer from the company Enduro Namibia is existent, to which we are bound for the duration of 10 days. The travel contract materialises on the basis of this new offer, should you formulate your acceptance within this period of commitment to the tour operator. The acceptance of the travel contract can also be effected by paying the agreed deposit of the tour price.
2. Terms of payment
2.1 With the conclusion of the travel contract a 15 % prepayment of the tour price becomes payable. The remaining sum is due at least 30 days before commencement of travel on delivery of the travel documents.
2.2 Should less than 30 days remain between entering into the travel contract and commencement of the tour, please pay the full tour price immediately on delivery of the travel documents.
3. Services
3.1 The contractual services are based upon the service description on our website (www.enduro-namibia.com) or our brochure and on the hereto referring information in the travel confirmation.
3.2 The information on our website is binding for us. Nevertheless, we retain the expressed right to change this information before the travel contract has been concluded. Of course you will be informed about this before making a booking.
4. Service- and price changes
4.1 Changes and deviations of individual travel services agreed as part of the travel contract, which become necessary after the contract has been concluded and which are not caused by us as a breach of good faith are only permissible if the changes or deviations are not considerable and do not impair the overall travel arrangements. Possible warranty claims are reserved in so far as the changed travel services are impaired by deficiencies.
4.2 The company Enduro Namibia reserves the right to change the contracted and with the booking confirmed rates, in case of an increase in transportation costs or an increase in charges for certain services like harbour dues or airport charges or a change in the exchange rate relevant for the respective tour, to such an extend as the increase per person or per seat affects the tour price, as long as more than 4 weeks remain between the conclusion of the travel contract and the scheduled departure.
4.3 In case of a subsequent change of the travel price or a change of a fundamental travel service we will notify you without delay. Increases in the price as from the 20th day before commencement of travel are not permitted. In the case of a price increase of more than 5% or in the case of a considerable change of a fundamental travel service you retain the right to withdraw from the travel contract without incurring costs or to demand another tour of at least an equivalent worth, if the company Enduro Namibia is in the position to offer such a tour without incurring higher costs for the traveller.
4.4 The traveller is obliged to claim these rights immediately after being notified by the tour operator of the price increase or the change in the travel service.
5. Withdrawal by the customer, rebooking, replacements
5.1 You can withdraw from the tour at any time before the commencement of the tour. Important is the receipt of the withdrawal for the tour operator. We recommend to declare the withdrawal in written.
5.2 Should you withdraw from the travel contract or do not attend the tour or do not arrive in time at the airport for the departure stipulated in your travel documents, we can demand compensation for the travel arragements made and for our expenditures. Taking into consideration normal expenditures saved and the possible earnings generated by selling the travel service elsewhere the cancellation fees of the company Enduro Namibia have been standardised.
5.3 Standardised cancellation fees
Up to 30 days before departure 15%
29. to 14. days before departure 25%
13. to 07. days before departure 50%
06. to 01. days before departure 95%
no show 100%
5.4 Up to the departure date you can demand a third person to replace you and to take over the rights and obligations from the travel contract. We can object to the admission of this third person, if he/she does not meet the particular travel requirements or if his/her participation does not conflict with compulsory statutory provisions or licensing requirements. If a third person enters the contract as replacement, you and the replacing person are liable to the tour operator as joint debtor for tour price and the additional cost incurred due to the admission of the third person.
5.5 Up to 45 days before the departure date we charge an administrative fee of 50.00 € per person for the replacing person. As from 44 days changes are handled as cancellation of the tour and as a new booking.
6. Services not used by the traveller
6.1 Should you not be able to make use of some services due to early departure or other urgent reasons, we will do our best to get a refund for the services not taken from the handling partners. This commitment does not apply for completely insignificant services or if the refund would be against legal requirements or regulations.
7. Withdrawal and cancellation by the tour operator
The company Enduro Namibia can withdraw from the travel contract before the commencement of the tour or can cancel the travel contract after commencement of the tour under the following circumstances:
7.1 Without prior notice, if despite warning by the company Enduro Namibia or its tour leader the traveller profoundly disrupts the tour or if he behaves in a manner that is in breach of the travel contract to such an extend that the immediate termination of the travel contract is justified. In case of a cancellation we retain the right to the tour price, but will off-set the value of any outlay saved and any financial benefit accruing for other use of services not claimed, including any amounts credited to us by the handling agents.
7.2 Up to two weeks in advance, if the minimum number of participants as stipulated on the Internet and/or in the booking confirmation of has not been booked. In this case, you shall be notified accordingly and will send you the withdrawal without delay . The tour price already paid shall be reimbursed.
7.3 Up to four week in advance, if the execution of the tour, after the exhaustion of all possibilities, is not reasonable for the company Enduro Namibia, because the booking numbers for this tour are so low, that the cost of the execution of the tour would exceed the economic sacrificial limit of this tour. The tour operator only has the right to withdraw if he is not accountable for the circumstances leading to the withdrawal (miscalculation for example) and if he can proof the circumstances leading to his withdrawal.
Should the tour be cancelled for this reason we will immediately reimburse the pre-paid tour price.
8. Cancellation of the contract due to force majeure
8.1 If travel is considerably delayed, endangered or adversely affected for reasons of force majeure not foreseeable at the time the contract was concluded, then both the customer and the company Enduro Namibia shall be entitled to cancel the contract. If the contract is cancelled, we shall be allowed to demand adequate recompense for the travel services already rendered or for services which would have been rendered before the end of travel.
8.2 We are obliged to take all measures necessary, assuming the contract makes such provision, to transport you back home, the cost of this transport to be born equally by you and ourselves. Any other costs are to be charged to your account.
9. Liability of the tour operator
9.1 Within the framework of due diligence taken by any business firm, the tour operator is liable for:
a. making the travel arrangements conscientiously
b. selecting and monitoring other service providers carefully
c.The correctness of all descriptions of services described in the catalogues, as far as the tour operator has not declared any changes according to paragraph 3 before entering into the contract.
d. rendering the services agreed in the contract professionally
e. a fault done by a person assigned with the service provision.
9.2 Independently from the content of our general terms and conditions an additional indemnity form has to be signed by the customer when taking over the vehicle. The content of which is to be found on our website or on the brochure of Enduro Namibia.
10. Warranty
10.1 Redress
If travel services are not rendered as contractually agreed, you have a right to demand redress. We have the right to refuse redress if the expense is unreasonable. We can also make redress by offering an equal compensation.
10.2 Reduction of the price
If, in terms of duration, the tour is not provided as contractually agreed, you shall be entitled to demand a reduction in price. The tour price is to be reduced proportionally to the value of the tour without deficiencies at the time of selling and its real value. Said reduction will, however, not be granted if you neglect to make your complaint known.
10.3 Cancellation of contract
If the tour is adversely affected due to any deficiency and if the tour operator does not make redress within a reasonable time span, then you have the right – in your own interest and to secure evidence in written form - under statuary law to terminate the travel contract.
Same goes, if you are due to a deficiency for an important, to us noticeable reason, not able to participate on the tour. The only time where the stipulation of a deadline for redress is not applicable is when redress is impossible or has been declined by us or if the immediate cancellation of the contract is justified by a special interest from your side. However, you are still liable for that part of the travel price proportionate to the services you did in fact use, provided the services were of interest to you.
10.4 Compensation
Irrespective of reductions or cancellation you can claim damages for non-performance unless the deficiency was caused by circumstances out of our control.
11. Limitation of liability
11.1 Our contractual liability for loss which does not constitute personal injury shall be limited to the threefold cost of the tour,
a. provided we did not cause loss to the traveller by gross negligence or with malice aforethought; and
b. provided we as tour operator are liable for the loss incurred by the traveller but only because of the culpability of a subcontractor.
11.2 Claims for damages against the company Enduro Namibia on the grounds of actionable tort - inasmuch as the damage was not caused by gross negligence or malice aforethought – the tour operator is liable up to EUR 4,100.- in case of material damage. If the threefold cost of the tour exceeds this sum then liability is herewith limited to the threefold cost of the tour price. These maximum liability amounts are restricted to one customer and one tour.
11.3 The tour operator cannot be held liable for non-performance of service in connection with outside services, which we merely pass on (e.g. theatre visit, exhibitions, etc.)
11.4 A claim to damage against the tour operator is restricted or excluded, if – under international agreement or legal provisions applicable to required, rendered performances of a service provider – a claim for damage against a service provider may solely be asserted under certain conditions or limitations or if such claim is excluded under certain conditions.
12. Obligation to cooperate
12.1 In the event of defective performance, each traveller is required to undertake whatever may be reasonably expected of him to contribute to alleviate the defect and to keep any potential damages to a minimum.
12.2 The traveller is obliged to immediately inform the local tour guide of the claim, who is instructed to alleviate defective services as far as possible. A traveller is not entitled to claims if he culpably fails to perform the above obligations.
13. Exclusion of claims and statutes of limitation
13.1 Claims on account of non-contractual travel performance can be submitted to Enduro Namibia, Box 90256 Klein-Windhoek, Windhoek, Namibia up to one-month after the contractual end of travel. Once that deadline has expired, claims will only be accepted if you were hindered from adhering to that deadline through no fault of your own.
13.2 Entitlements of the traveller expire in one year. The limitation period for claims commences on the day on which the travel should have been completed, in accordance with the contractual agreement. With negotiations pending between the traveller and the travel organiser concerning a claim or the circumstances giving rise to a claim, then limitation is delayed until the traveller or the travel organiser refuses to continue negotiating. Limitation occurs 3 months following the end of the suspension at the earliest.
14. Insurance cover
14.1 The vehicles are insured with at least an overall third party insurance cover for injuries, damage of property and financial damage with unlimited cover, as well as comprehensive cover with excess.
14.2 The excess has to paid by credit card voucher at the time of take over of the vehicle. The amount of the excess is based upon the insurance option chosen in the rental agreement.
14.3 The lessee is liable for a self or excess payment (both in full and/ or in part) to the value of the deposit paid on receipt of the motorcycle, so long as the accident or damages or losses were not caused due to major negligence on the part of the lessee.
15. Passport, visa and health regulations
15.1 The company Enduro Namibia is not responsible or obliged to notify the nationals of the state, where the trip is being offered, about passport, visa, and health regulations, as well as of possible changes before the departure date.
15.2 We are not liable for the timely issuing and access of visas by the respective diplomatic representative, if you have instructed us with the application, unless we are responsible for the delay.
15.3 For the passport, visa, customs formalities, exchange rates and health regulations please refer to the terms mentioned under "Interesting facts". Foreign nationals and holders of foreign passports are requested to turn to their relevant consulate or embassy for appropriate information.
You are personally responsible for adhering to all regulations as they affect the organisation of the travel concerned. Any (financial) disadvantages accruing from the non-observation of such regulations shall be charged to your account unless they resulted from our culpably providing false or misleading information.
16. Invalidity of certain terms
The invalidity of certain terms within the rental agreement does not cause invalidity for the whole rental agreement.
17. Lessor / Seat and jurisdiction
Enduro Offroad Tours cc. t/a Enduro Namibia
P.O. Box 90256 Klein-Windhoek
Windhoek
Namibia
Place of jurisdiction: Windhoek, Namibia
Date: Mai 2009