If booking is made in Germany the general terms and conditions of Wikinger Reisen are applicable. If booking is made through our headoffice in Chile the following general terms and condition are applicable:
1. Announcement and confirmation:
1.1 The customer offers the car rental service, the conclusion of hire contract with his booking. Special wishes, announcements on one condition and verbal agreements are only valid if the rental service confirms in written form. The contract materialises with the confirmation of booking in written form by the rental service. The confirmation will be sent via email or postal service immediately.
1.2 Each car renter is jointly and severally liable for contracts performance of all persons he specified.
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2. Payment:
2.1 The commission of 20% has to be paid within 6 days after receiving the confirmation. This amount will be credited against the full price. If the renter does not adhere to pay in time, the car rental service can handle it like a cancellation. The payments shall be conducted by credit card (Master-, Euro- or Visa card) or bank transfer.
2.2 The final payment has to be carried unrequested 22 days before the car is handed over. Please consider the long periods of bank transfers on our Chilean account.
2.3 The rental contract will be handed over in written form while the car is handed over.
2.4 Bookings with agencies will be dealt with on request.
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3. Insurance
3.1 We truly recommend to take out travel cancellation expenses insurance or even better a package of travel insurances (immediate aid insurance, travel health insurance and travel cancellation insurance).
3.2 We also recommend travellers’ baggage insurance.
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4. Benefits
4.1 The rental company commits itself to make the specified vehicle available to the client, for the requested rental period.
4.2 Which benefits are contracted arise form the description of our service performance which are stated on our web page and in the referring details on the confirmation of booking.
4.3 Included in the price are all contracted details as mentioned in the general terms and conditions.
4.4 Not included in the price are gas, motor oil, motor oil filter and oil change, transfer costs, one way rentals, personal expenses like flight or hotel, punctures, damages which arise from improper usage according to article 17 and 18 and all further benefits which are not as provided in the contract.
4.5 Included in the price are all toll fees, which where imposed by the Chilean electronic toll system, on this account each rental vehicle of Trekker Ltda. possesses a transmitter. Toll fees which are collected manually by an associate of the toll station are not part of the scope of services and have to be paid by the renter.
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5. Changes in prices and benefits
5.1 Changes and differences of selected benefits against the content of the rental contract, which were necessary after signing of the contract and which were not caused by the rental company against good faith (exchange rate, taxes) are only allowed if the changes and differences are not extensive. Eventual warranty claims remain untouched as far as the changed benefits are afflicted with deficiencies. The rental company is bound to inform his customers immediately about changes or differences of the benefits. If necessary one will offer a change of booking or a cancellation free of charge.
5.2 In case of a subsequent change of the price or a change of fundamental benefits the rental company has to inform the renter immediately. It is not allowed to increase prises up to 20 days before the handoff. If prices increase by more than 5 % or in case of important differences of benefits, the renter is allowed to cancel the contract of the trip free of charge
5.3 The renter has to make use of this right immediately after the rental company has informed him about the increased price or the different benefits.
5.4 In case of unpredictable changes in benefits like e.g. political nature, accident of the former renter or technical problems, the rental company is allowed to allocate a different vehicle as contracted. In this case the rental company is not allowed to claim an additional charge for a larger model. Additional costs for fuel consumption are not considered. If only a smaller model is available only the remaining amount will be refunded. No further claims can be asserted resulting from the refund of the remaining amount.
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6. Cancellation and rescission by renter, changing the driver etc
6.1 In case of unpredictable changes in benefits like e.g. political nature, accident of the former renter or technical problems, the rental company is allowed to allocate a different vehicle as contracted. In this case the rental company is not allowed to claim an additional charge for a larger model. Additional costs for fuel consumption are not considered. If only a smaller model is available only the remaining amount will be refunded. No further claims can be asserted resulting from the refund of the remaining amount.
6.2 The client can cancel the rental contract at anytime before the rental period. Relevant is the incoming of the declaration of cancellation at Trekker Ltda. The cancellation has to be send to Trekker Ltda. in writing or to the travel agency through which the service was booked. All travel documents have to be enclosed to the cancellation. Concerning this matter supporting documents like e.g. bank transfers, receipt of payment made by credit card are not accepted.
If the client withdraws from the contract, the rental company is in the position to demand a refund for the precautions and expenditures. Saved expenses and possible ulterior usage have to be considered when calculating the refund.
The rental company can trivialise the claim of compensation, therefore the following classification should be used. It is composed by the time of cancellation in percentage to the time when the rental period should have started.
Following amounts in case of cancellation will be calculated:
up to 22 days before travel accession 20% of full price
as of 22nd day of travels accession 50% of full price
as of 6th day of travels accession 70% of full price
at the day of the travel accession or no-show 80% of full price
6.3 If the whole rental contract is cancelled all insurances can be cancelled as well. This is not applicable for the travel cancellation expenses insurance, this insurance persists in all cases.
6.4 Changes of the booking regarding the type of the vehicle and the date of travel until 60 days before the rental period would begin costs 50,- € and just can be processed if available. As from the 59th day onwards conditions of the cancellation is applicable as is mentioned in 6.2. Until the rental period starts the renter can demand that instead of him another person will stand for the rights and duties of the rental contract. In this case additional charges will arise, at least 100,- €, these charges are at the client’s expense. The rental company can disagree to the participation of another party if this one does not satisfy the demands of the contract or if the participation is against legal instructions or official directions.
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7. Calculation of the rental period
7.1 The first and last day of the rent are calculated as full days. A return ahead of time will not cause a refund of the days not used.
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8. Cancellation and rescission by rental service
The rental company is allowed to cancel the rental contract before the rental period starts or after the rental period began due to following reasons:
8.1 If Trekker Ltda. finds out about important causes based on the renter, which would perturb in an effective way, before the rental period starts. In this case agreements of point 6 apply.
8.2 Without adherence to a time limit:
If the renter of the vehicle behaves contrary to contract, so that an immediate cancellation of contract is justifiable. If the rental company cancels, the renter retains the claim of the rental price. However, he has to pay back the value of saved costs and odds, they got for other use for not by renter used benefits.
8.3 In acts of nature beyond control, technical problems, accidents or political problems and in cases of not adhering to the general terms and conditions, the rental company reserves the right to resign from the contract.
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9. Cancellation of contract cause of extraordinary circumstances
9.1 In case the travel will be aggravated considerably in cause of acts of gods beyond control, at risk or affected, the rental company as well as the renter can cancel the contract the rental service If the contract will be cancelled the rental company is able to demand a compensation for the already paid benefits or for the costs which will arise in order to terminate the travel.
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10.Liability of rental service
10.1 In the context of the duty of care the rental company is responsible for:
- a conscientious preparation.
- the accurate choice and monitoring of all service providers.
- the correctness of the description of all benefits provided in the publication, in case the rental company declared the changes of the declaration, according to point 3.
- the provision of the services according to the rules as provided in the contract
- the orderly state of the vehicle
10.2 The rental company is liable for a default which is caused by a person consigned to deal with internal service provision. By external service provision the person consigned to it will deal with it.
10.3 When travelling by scheduled flight, which are ruled according to the “Warsaw Convention”, it connotes in particular that no further pretensions can be claimed
10.4 The rental company is only liable for intent and gross negligence for claims caused by default.
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11.Guarantee/Warrantee
11.1 Corrective
Will the renting not be effected as contracted; the renter can claim corrective steps. The rental company can put things right by providing an equivalent indemnification/ fringe benefit remuneration/service Ersatzleistung
11.2 Reduction of price
For the duration of a provision of the service contrary to contract, the renter can claim an adequate reduction in price. The reduction will not commence, if the renter culpably fails to inform the rental company. Damages to the build-up of the camper, the furnishing, or other objects which are not needed for locomotion of the vehicle, will not result in a reduction of price exceeding 20% altogether.
11.3 Cancellation of the contract
In case a trip is severely affected due to a fault and the rental company does not take corrective steps within an adequate timeframe, the renter can, within the scope of legal regulations, cancel the contract. This cancellation should be made in writing for one’s own interest and also to have evidence. The clause of a respite for taking corrective steps is only necessary if corrective steps are impossible or the rental company refuses to take them, or if the immediate cancellation of the contract is justified by a special interest of the renter. The renter owns the rental company only those services which he has called upon, as far as these services were of interest to him.
11.4 Indemnity
The renter can claim damages due to non-performance, irrespective of the reduction or the cancellation, unless the fault is based upon circumstances which are beyond the control of the rental company. Damages to the build-up of the camper, the furnishing, or other objects which are not needed for locomotion of the vehicle, will not result in a reduction of price exceeding 20% altogether.
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12.Minimum age and driving license
12.1 The minimum age for renting a vehicle is 23 years. An international driving license is obligatory. The rent includes the possibility of a second driver free of charge; this has to be stated at the time of the booking in writing.
12.2 Misstatements on part of the renter the rental company reserves the right to cancel the contract, according to point 8. The costs arising from this have to be covered by the renter.
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13.Obligation to co-operate
13.1 The leaser is obliged to co-operate in case of emerging defaults in scope of the legal regulations. Furthermore he is expected to minimize or prevent possible defaults.
13.2 The leaser is obliged to inform the local agency about his complaints as soon as possible. This one is responsible to put things right, provided that it is possible. If not, the renter at his European business location has to be informed.
13.3 In case the leaser culpably fails to reports the complaint, a price reduction can not be claimed.
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14.Deposit
14.1 The deposit can only be paid by credit card, only Visa- and Master card are accepted. Two vouchers with the rentees signature will be prepard and will only be debited if needed. If the rented vehicle is returned in time and without any damages and fueled up the first voucher will be destroyed. The second voucher will just be used if the leaser did not adhere to the traffic law, and a penalty occures. Renege on vehicle inspection or consequential damages and any expenses resulting from these will be deducted from the deposit as well.
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15.Vehicle handovers
15.1 The vehicles will only be handed over to certain person. These ones are announced in the contract and part of the contract. The leaser commits to adhere to the place and time of the vehicle pick-up and drop-off. Expenses arising from changes demanded and not adhered to have to be covered by the leaser. Changes have to requested in writing and need to be confirmed.
15.2 When picking up or dropping off the vehicle the state of the vehicle will be checked, both the leaser and the renter will sign the protocol. The state of the vehicle is then part of the contract; complaints at a later date are not legally binding.
15.3 The rental vehicle has to be in the same state when dropping it off as when one picked it up. The tank has to be full, otherwise the leaser will be charged for filling it up. The leaser is responsible to clean the car, otherwise he will be charged 70 €. In case the bought kilometres are not used fully, or the gas is not used or other not necessary equipment bought for the vehicle will not be refunded by the rental company. At the time of the drop-off the state of the car will be inspected by the hand-over protocol. The leaser is liable for any losses or damages.
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16.Inefficiency of individual regulations
16.1 Individual regulations of the rental contract do not imply that the whole contract in inefficient.
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17.Insurance coverage
17.1 The insurance coverage only existent when the vehicle is driven by the people stated in the contract. Road accidents, charges or any other losses concerning the vehicle have to be reported to the police, the rental company has to be informed immediately.
17.2 The insurance coverage is only ensured in Chile and Argentina. Damages which were caused by negligence, intention, improper use or if an article of the contract has not been observed, will not be covered by the insurance und have to be taken on by the leaser.
17.3 Damages which have been caused by non-observance of specified service intervals are excluded from the insurance and have to be taken over by the leaser.
17.4 Punctures, breakage of glass and other damages due to an act of God are not covered by the comprehensive coverage.
17.5 The leaser is liable for damages arising from the entrainment of people not stipulated as in the contract, from drug usage, from hit-and-run driving, from unauthorised drivers, from improper handling of the vehicle or depending on the state of the road inadequate driving style.
17.6 The retention adds up to 950 € if not stated differently.
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18.Repairs
18.1 The rental company commits oneself to hand over the rental vehicle in an immaculate state. Repairs which are required nonetheless may be enforced by the leaser at the next garage for an amount up to 50 €. The costs therefore will be refunded by the rental company when handing over the receipt. Repairs which exceed this amount have to be approved prior by the rental company. Accomplished repairs, without the prior approval of the rental company, which exceeded 50 € do not have to be taken on by the rental company.
18.2 Arising repairs which were caused by the negligence (like driving style, improper usage or ineligible roads) or intent of the leaser are not covered by the insurance.
18.3 All vehicles require professional maintenance like the change of motor oil, air filter, etc. The leaser will be informed about the service intervals when picking up the vehicle.
18.4 Minor break-downs which can be taken care of by the leaser himself do not result in a reduction of price.
18.5 Damages to the build-up of the camper, the furnishing, or other objects which are not needed for locomotion of the vehicle, will not result in a reduction of price exceeding 20% altogether.
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19.Court of jurisdiction
19.1 The leaser can only bring an action against the rental company at his residence. The court of jurisdiction for trips of Trekker Ltda. is Talca, Chile.
19.2 Regarding claims of the rental company against the leaser, the residence of the leaser is decisive, unless, the claim is addressed against trades or people, who have relocated their residence abroad, or whose residence at the time of the lodgement is unknown. In such cases the residence of the tour operator is decisive.
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20.Tour operator
The tours published on these pages are organised by Trekker Ltda. - its representation in Germany is
WIKINGER REISEN GmbH.
Address in Germany:
Zentrale/Verwaltung
Wikinger Reisen
Kölner Str. 20
58135 Hagen
Germany
Commercial Register:
District court/Amtsgericht Hagen HRB 505
Directors:
Daniel Kraus, Dagmar Kimmel
Bank Identification Code: 45050001
Account Number: 110005864
BIC Code for Sparkasse: WELADE3H
IBAN Code at Sparkasse: DE41 4505 0001 0110 0058 64
Address Chile:
Trekker Ltda., Vina Andrea s/n Casilla 143
Talca, Chile
RUT: 76.120.660-5
Director: Franz Schubert
Banco Santander, Talca, Swiftcode BSCHCLRM,
Account Number: 051-00-02730-7 (Euro Account)
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