Intakt Internet Services GmbH & Co. KG

 General terms and conditions for intermediation of tourist services

(Conditions of intermediary services)

The following "General terms and conditions for intermediation of tourist services" have been translated from the German original text "Intakt Internet Services GmbH & Co. KG Allgemeine Geschaeftsbedingungen zur Vermittlung von touristischen Reiseleistungen" into English. The translation is being recognized as a means to overcome linguistic barriers. However, no guarantee can be given that the translated information is correct or complete. In the event of discrepancies between Intakt Internet Services GmbH & Co. KG and its clients the German original text shall prevail over the English translation.

1. Intakt Internet Services GmbH & Co. KG acts as intermediary for travel and other tourist services.

1.1.

Intakt Internet Services GmbH & Co. KG (registered office: Caputh, Spitzbubenweg 34, 14548 Schwielowsee, Germany) exclusively undertakes intermediation activities for tour operators and other tourist service suppliers at home and abroad. Intakt Internet Services GmbH & Co. KG intermediates package holidays, flights, hotel reservations, care hire and car rentals etc.

1.2.

Intakt Internet Services GmbH & Co. KG does not operate travels. Intakt Internet Services GmbH & Co. KG intermediates travel contracts on behalf and for account of the respective tour organiser and/or tourist service supplier.  In the event that the client books tourist services and/or package holidays an agency agreement based on tourist service intermediation between Intakt Internet Services GmbH & Co. KG and the traveller comes into force.

1.3.

All offers presented by Intakt Internet Services GmbH & Co. KG on the Website www.trekking.net are non-binding offers.

2. Intermediary order, procedure of intermediation

2.1.

On www.trekking.net the client may check pricing and availability of travels. By completing and sending the online booking form, the client commissions Intakt Internet Services GmbH & Co. KG to intermediate the desired travel services or travel packages which shall be performed by third party tourist service suppliers and/or travel operators based on a conclusion of contract between client and travel operator and/or service supplier. Thus, the client is requested to present a quotation for the purpose of a contract conclusion with the corresponding travel operator and/or service supplier (invitatio ad offerendum). To present the quotation the client has to fill in the online booking form with relevant data as described above and submit this form to Intakt Internet Services GmbH & Co. KG. The client is required to hold the offer open for 6 days. Within this period of time the tour organiser and/or tourist service supplier or Intakt Internet Services GmbH & Co. KG on behalf of the tour organiser and/or tourist service supplier either accepts the offer with regard to a conclusion of contract or submits a new offer to the client who can accept this offer on his/her part within a predetermined period of time. With submission of the booking confirmation or acceptance of the new offer by the client, the contract about the respective tourist service will be deemed concluded. The contract will also be deemed concluded if an invoice is submitted to the client by the tourist service supplier or Intakt Internet Services GmbH & Co. KG on behalf of the tourist service supplier. The client will be released from liability if the tour operator and/or tourist service supplier or Intakt Internet Services GmbH & Co. KG as intermediary does not confirm the booking within the predetermined period of time in written, by telephone, via email or the like.

2.2.

The contractual liability of Intakt Internet Services GmbH & Co. KG as intermediary is limited to a correct forwarding of the client's booking information as well as - if desired - of the booking confirmation of the tour operator and/or tourist service supplier. Intakt Internet Services GmbH & Co. KG does not accept any responsibility for the provision of tourist services by the corresponding tourist service supplier according to the contract mediated by Intakt Internet Services GmbH & Co. KG.

2.3.

Intakt Internet Services GmbH & Co. KG does not accept any liability arising from the performance of travel services and tourist offers presented on the Website. Intakt Internet Services GmbH & Co. KG does not guarantee or confirm the quality of the presented offers and service. The tour organiser and/or tourist service supplier, who accepted as the case may be the respective contract of travel, transportation, and accommodation with the client, shall be responsible for the proper execution of the contract.

3. Intermediary travel contract and conditions

3.1.

In the event the contract between client and tour operator and/or tourist service provider is deemed concluded, general terms and conditions, reservation, transportation or further regulations of the respective tour operator and/or tourist service supplier are valid in parallel to the present terms and conditions for intermediary services provided that the client is properly involved in terms and conditions of the tour operator and/or tourist service supplier. The terms and conditions may cover specify regulations for payment, liability, limitation of liability, cancellation, change of reservation, repayment, period of limitation, declaration as well as further contractual conditions. Terms and conditions of the respective service suppliers or tour operators are provide to the client - if accessible - on the Website for insight and - as the case may be - for acceptance by Intakt Internet Services GmbH & Co. KG.

3.2.

Complaints referring to insufficient services by Intakt Internet Services GmbH & Co. KG should be submitted as quickly as possible by the client to give the change for alterations. If the client does not complain by its own part, claims referring to the intermediary travel contract will not be recognised as far as reasonable alterations performed by Intakt Internet Services GmbH & Co. KG were possible.

3.3.

To follow the duty of loss prevention the client must carefully check the booking confirmation and all travel details provided by the tour organiser and/or tourist service provider. Should any of the data be incorrect or incomplete, a statement has to be submitted to the tour organiser and/or tourist service supplier. Intakt Internet Services GmbH & Co. KG is neither authorised not obligated to accept complaints about the tourist services. Complaints should be addressed directly to the respective tourist service supplier.

4. Change of reservation and cancellation of contract

4.1.

Changes of reservations or cancellation of contract between client and tour organiser and/or tourist service supplier depend on relevant legal regulations, requirements, and - as the case may be - terms and conditions of the tour organiser and/or tourist service supplier, if properly included in the respective contract with the client.

4.2.

The tour organiser and/or tourist service supplier accepts a change of a confirmed booking/reservation in case of cancellation of a confirmed travel contract and booking of a different travel or tourist service at the same time. Additional costs may raise for this as well as for package holidays (for the change of reservation or other travel offers).

4.3.

If the client cancels a contract by a statement for the attention of the tour organiser and/or tourist service supplier, a cancellation fee regarding to relevant legal regulations and - as the case may be - terms and conditions of travels, reservations and transportation will be charged to the client. The client is free to demonstrate that no costs or lower costs have been incurred as a result of the cancellation than those calculated by the tour organiser and/or tourist service supplier.

4.4.

Contract modifications of confirmed package holidays or further tourist services intermediated by Intakt Internet Services GmbH & Co. KG, authorise Intakt Internet Services GmbH & Co. KG to raise a service charge of 10 EUR per client in addition to charges raised by the tour organiser and/or tourist service supplier.

4.5.

Travel protection plans and assistance services should include travel cancellation and interruption insurance as well as repatriation in case of accident or illness.

5. Prices, payment, customer protection

5.1.

Intakt Internet Services GmbH & Co. KG receives a commission for intermediation from the tour organiser and/or tourist service supplier. In individual cases Intakt Internet Services GmbH & Co. KG charges fees for additional services such as acquisition of visa etc.

5.2.

The traveller pays the tour organiser and/or tourist service supplier the total amount of the travel sum, the deposit of the travel sum, ticket or accommodation costs etc. at the time of receiving the booking confirmation and issuing of invoice per bank transfer or direct debit, after disbursement of the tour organiser and/or tourist service supplier or - as the case may be - after disbursement of the tour organiser and/or tourist service supplier and for the attention of Intakt Internet Services GmbH & Co. KG. According to German and European law the payment of package holidays requires to issue an insolvency insurance certificate to the clients along with the travel confirmation.

6. Receipt of travel documents, tickets, travel insurance certificate, foreign tour operator

6.1.

The client receives airline tickets and further travel documents for package holidays from the tour organiser and/or tourist service supplier by mail. In particular cases or in the event of last minute booking, tickets and travel documents will be available at the ticket counter of the tour operator at the airport. For this service an extra fee is charged to the client. Electronic tickets are available at the airport via the airline's computer system. Intakt Internet Services GmbH & Co. KG does not accept any liability in respect of loss of airline tickets and travel documents sent by mail. The tour organiser and/or tourist service supplier guarantees the correct transfer of travel documents to the client.

6.2.

Hotel reservations or care rentals, etc, do not require additional reservation documents. The client proves the reservation by presenting the individual reservation number at the hotel reception or car counter.

6.3. Insolvency insurance certificate

According to German and European law the tour operator is legally required to provide an insolvency insurance certificate for package holidays. This certificate provides sufficient evidence of security for the refund of money paid by the client and for the repatriation of the client in the event of insolvency the tour operator or opening of insolvency procedures against the tour operator. To fulfil the obligation of insolvency insurance the tour operator has to provide the customers with his/her claim to insolvency insurance by issuing a confirmation of insolvency insurance (security certificate). As far as Intakt Internet Services GmbH & Co. KG is authorised and concerned with the collection on the part of the tour operator, Intakt Internet Services GmbH & Co. KG is obligated to prove the validation of the insolvency insurance certificate when delivered to the client. Neither the tour operator nor Intakt Internet Services GmbH & Co. KG as intermediary of travel services is authorised to demand or accept payments of the traveller in addition to the total amount of the travel sum and before the end of the travel unless the traveller was provided with an insolvency insurance certificate.

6.4. Foreign tour operators

If the headquarter of the tour operator is located in another member country of the European Union (EU) than Germany or in another contracting state outside the European Economic Area at the time of contract conclusion with the client, the tour operators legal obligation of protection against insolvency will be fulfilled in accordance with legal regulations of the other state. However, these regulations have to fulfil the above mentioned requirements of an insurance certificate. In any case the tour operator has to provide the client sufficient evidence for the protection against insolvency.

7. Information on passport, visa, foreign currencies, health regulations

The tour operator of an EU member country is obligated to provide information on passport and visa to travellers of the EU member country in which the travel is offered. In addition, necessary information on health regulations has to be provided before contract conclusion and re-confirmation of booking. Being not legally obligated, Intakt Internet Services GmbH & Co. KG also provides necessary information on passport, visa, foreign currencies and health regulations of the respective destination for German citizen. The information sources are publicly available. Intakt Internet Services GmbH & Co. KG does not accept any liability in respect of correctness, accuracy, reliability or completeness of the provided information. The traveller is advised to obtain information on passport, visa, foreign currencies and health regulations from the tour operator or the respective consular representation.

8. Liability of the intermediary

8.1.

The information displayed on the Website is provided to Intakt Internet Services GmbH & Co. KG from the tour organisers and/or tourist service suppliers. Intakt Internet Services GmbH & Co. KG does not control in any respect any information. Intakt Internet Services GmbH & Co. KG does not accept any liability in respect of correctness, accuracy, reliability or completeness. This also refers to any third party information or third party link or pointer.

8.2.

Intakt Internet Services GmbH & Co. KG does not accept any liability in respect of the availability of travels or tourist services displayed on its Website at the time the client wishes to book.

8.3.

Intakt Internet Services GmbH & Co. KG does not accept any liability in respect of the performance of the trip by the tour organiser and/or tourist service supplier. Intakt Internet Services GmbH & Co. KG shall only be liable in respect of commercially correct intermediary services. Furthermore, every effort is made by Intakt Internet Services GmbH & Co. KG to ensure the correctness, accuracy, reliability or completeness of all information, software, and data such as prices at the time of publication on the Website. Intakt Internet Services GmbH & Co. KG does not accept any liability in respect of correctness, accuracy, reliability or completeness of any third party information or content. Any travel and service information displayed on this Website are limited. No liability and/or warranties of any kind are given by Intakt Internet Services GmbH & Co. KG regarding travel and tourist services performed by the tour organiser and/or tourist service supplier.

8.4.

All liability of Intakt Internet Services GmbH & Co. KG for damages caused by harm to life and limb is excluded. Intakt Internet Services GmbH & Co. KG assumes liability for damages due to intention or gross negligence in regard to accepted guarantees or infringement of substantial contractual obligations (cardinal obligations). In cases of wilful infringement of substantial contractual obligations the liability of Intakt Internet Services GmbH & Co. KG is limited to the triple the price of the intermediated tourist service or travel package. Intakt Internet Services GmbH & Co. KG does not accept any liability in respect of damage or loss of travel documents caused by postal services.

8.5

The information and data of travel and tourist services displayed on the Website refer to information provided by the tour organiser and/or tourist service supplier. No promise of any of the information contained on this Website is given by Intakt Internet Services GmbH & Co. KG. Intakt Internet Services GmbH & Co. KG does not accept any liability in respect of availability of travels or tourist services at the time of a booking request of a client. Intakt Internet Services GmbH & Co. KG shall be liable for any information which was known to be false or misleading or -- with customary diligence -- had to be known. In this case the liability of Intakt Internet Services GmbH & Co. KG is limited to the triple of the price of the intermediated tourist or travel services as far as damages due to neither intent nor gross negligence were caused by Intakt Internet Services GmbH & Co. KG.

9. Changes of Website

Intakt Internet Services GmbH & Co. KG reserves the right to change or update any aspect of this Website without advanced noticed. All information about Intakt Internet Services GmbH & Co. KG general terms and conditions for intermediation of tourist services (conditions of intermediary services) displayed on the Website is always "as is".  By using the Website after content modifications of terms and conditions were performed, the client tacitly agrees to these modifications. These terms and conditions contain all agreements of the intermediary contract between the client and Intakt Internet Services GmbH & Co. KG and displace all previous agreements no matter if those were arranged oral, electronic or written.

10. Severability clause

The inefficacy of one or more regulations of the intermediary contract or the present terms and conditions do not cause the inefficacy of the entire contract or all terms and conditions.

11. Legal venue

Our business and the services we offer are governed by the applicable laws of the Federal Republic of Germany for persons who are resident in Germany or any other country.

12. Jurisdiction

For merchants and for persons who are not registered in a local court in Germany as well as for persons who have their regular domicile abroad or whose domicile or regular place of residence is unknown at the time of commencement of action the court of jurisdiction is Berlin (Germany). Date: 01.10.2006 Intermediary: Intakt Internet Services GmbH & Co. KG,
Caputh, Spitzbubenweg 34, 14548 Schwielowsee, Germany Fax: 0049-(0)30-20 61 64 889 Email: info@trekking.net www.trekking.net

TERMS AND CONDITIONS 2008

Payment

All prices are in Euro.
The preferred method of payment is by a credit transfer into the tour operator's bank account at the Bank of Ireland, Killorglin, Co. Kerry
An invoice will be issued on booking.  Full Payment must be received within 30 days of receipt of invoice or prior to holiday date, if earlier.

Itineraries

The tour operator reserves the right to change the itinerary of any holiday where circumstances dictate.

Minimum numbers

We reserve the right to cancel guided itineraries where the minimum no. of 6 persons is not met, up to 28 days prior to arrival. In such an event, we will endeavour to offer an alternative tour. The tour operator is not responsible for any additional expenses that may be incurred by a client preparing for the trip.  If a cancellation is made we will refund in full all monies paid to us by you.

Single Supplement

Accommodation is based on a twin sharing basis. Due to the isolated nature of some of our locations, we cannot guarantee the availability of single room accommodation. In exceptional cases we may be able to provide a single guesthouse room from 154  Euro for the week. While single rooms confer privacy they can be of a lower standard than twins and en-suite facilities cannot always be guaranteed.

Singles Sharing

The single supplement can be avoided entirely if singles are willing to share a room with someone of the same sex. We will try our utmost to match those "singles" willing to share. A supplement will only be payable in the unlikely event of us not being able to find a match.

Cancellation fees

All cancellations must be received in writing and incur a charge, calculated as a percentage of the total holiday price.
30%  - 28-16 days prior to arrival
50 % - 15- 8 days prior to arrival
100%- Up to 7 days prior to the date of arrival

Changes to Brochure Descriptions

Itinerary descriptions are provided by us in good faith and every care is taken to ensure accuracy. Advertised facilities may be subject to change by the various suppliers concerned. Facilities and itineraries may be subject to change due to insufficient numbers, weather and operational or unforeseen circumstances.

Airport Transfers

All Kerry itineraries include a complimentary transfer on Saturdays only from Kerry airport (between 08.00 and 18.00 hours) and Shannon airport (at 12.00).  Return transfers arrive at Shannon airport at 11.00am. The meeting point in
both airports is the Information Desk in the Arrivals Hall. Flight numbers and arrival times must be given at time of booking.
A private taxi can be arranged for those travelling outside of those times.  Transfers are based on minimum of 2 people.