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General conditions

Definitions
Within these general terms and conditions, the items indicated with a capital letter are understood to mean the following:

Car hire tour operator The private limited company, according to Swiss law, BookingMonkey Sàrl; trading under the names BookingMonkey.com and HolidayCars.com; with headquarters in Yens.
Lessor The car hire companies such as Avis, Hertz and Europcar which enter into the ultimate legal Contract with the User.
User The natural or legal person who hires a Car from a Lessor via The Car hire tour operator.
Order The Order contract between The User and Car hire tour operator for The use of The Car and corresponding items.
Contract The rental contract that The User enters into with The Lessor in relation to obtaining The use of The car.
Period The number of days for which the car is reserved a Period of 24 hours equates to 1 day.
Travel agency The entity which, as part of the execution of its commercial activities, advises, informs and mediates with regard to creating a travel Contract.
Reservation The Reservation that a User makes via The Car hire tour operator’s website for a Car from The Lessor.
Voucher (The) Voucher that is provided to The User by The Car hire tour operator after The Reservation process has been completed. This is proof of payment and is also used to collect The Car from The Lessor.
Cancellation Protection The offer that is made to the User during reservation for covering cancellation costs.
Article 2 General provisions
2. 1. These general terms and conditions apply to the Reservation service and corresponding services provided by the Car hire tour operator to the User, as well as all legal procedures that may reasonably precede this.
2. 2. The general terms and conditions can be amended unilaterally by the Car hire tour operator at any time.
2. 3. The User issues an order to the Car hire tour operator to provide a particular category of car at a given location, for a given period. The Car hire tour operator shall ensure that the car is provided according to the conditions that are created as a result of accepting the order.
2. 4. The User can only access the Lessor’s service using the Voucher issued by the Car hire tour operator in accordance with the Reservation and these general terms and conditions.
2. 5. The Car hire tour operator is not party to the contract that is created between the User and the Lessor for the purposes of car use. The Contract shall be created directly between the User and the Lessor at the location at which the car is provided to the User. This contract is subject to local laws and regulations and/or the laws applying to the contract as stipulated by the Lessor.
2. 6. The User’s rights and obligations in relation to the use of the car are set out in the legal contract and the general terms and conditions of the relevant Lessor. The User is considered to have read through and be familiar with the conditions that apply to the Contract before signing the contract.
2. 7. If the User has made the Reservation with Car hire tour operator via a Travel Agency and the Travel Agency then defaults on payment, neither the Car hire tour operator nor the Lessor is bound to fulfil the Order and/or Contract.
2. 8. If there is any confusion regarding the explanation of one or more of the definitions in these general terms and conditions, explanation must be given according to the spirit of the definitions.
2. 9. In the event of a situation between the parties that is not covered by the general terms and conditions, the situation will be assessed according to the spirit of the conditions.
2. 10. If one or more of the definitions in these general terms and conditions or any other Contract with the Car hire tour operator contravene(s) any applicable, enforceable legal regulations, the relevant definition shall become null and void and shall be replaced by another, similar, legally acceptable definition that shall be determined by the Car hire tour operator.
2. 11. If, for a short or long period, the Car hire tour operator (tacitly) permits deviations to these general terms and conditions, this shall not prejudice its right to nevertheless demand immediate and strict compliance with these conditions. The User cannot claim any rights on the grounds that the Car hire tour operator applies these general terms and conditions flexibly.
2. 12. The User must retain the rental documents for at least 8 weeks after the Period has expired. Claims by the User against the Car hire tour operator may encounter delays or may not be processed if the relevant documents are missing.
Article 3 Payments
3. 1. Once the Reservation has been completed, the User may pay using a range of payment methods including Credit card, Paypal, iDeal, etc. If the User opts to pay at a later stage, the Car hire tour operator will issue several further payment reminders. The option to pay at a later stage shall not prejudice the fact that modifications and/or cancellations may only take place in accordance with definitions in article 14 of these general terms and conditions.
3. 2. Once the User’s payment has been registered in one of the Car hire tour operator’s bank accounts, the User shall receive a digital Voucher. The User must pay the agreed price using a payment method given in the online reservation process. If the User fails to make this payment, neither Car hire tour operator nor the Lessor is obliged to execute the Contract.
3. 3. Credit card payments are processed by the Car hire tour operator’s head office under the name of BookingMonkey Sàrl. Extra costs as a result of international transactions or currency exchange fluctuations shall be borne by the credit card holder. The Car hire tour operator cannot be held liable for this.
Article 4 Prices and options
4. 1. The published prices include the car category chosen by the User, unlimited kilometres/mileage, third party, theft and damage insurance and local taxes. If exceptions are applicable, these shall be indicated in the Lessor’ specific conditions.
4. 2. The published prices on the Car hire tour operator’s website do not include costs such as fuel, personal accident insurance, extra options, surcharges for young drivers, surcharges for additional drivers and local levies. These costs vary per Lessor and location. Prices of articles purchased locally can vary and may change without prior notice being given. The prices of extra options that must be paid locally (e.g. child seats) do not include local taxes.
4. 3. All extra options, such as child seats, roof-racks, navigation systems, mobile phones and other extras can be provided on request, depending on availability. A surcharge is generally imposed by most Lessors for these options. If the extra item is not used or collected in the Period concerned, the charge for this extra option within the Reservation shall continue to apply.
Article 5 Pricing amendments
5. 1. The Car hire tour operator retains the right to amend prices. Pricing amendments shall not apply to existing Reservations unless this involves price amendments as a result of changing conditions and/or modified local taxes/costs upon which the Car hire tour operator can exercise no influence or if the Lessor can no longer fulfil his/her obligations and, as a result, the Car hire tour operator must pass on extra costs or price increases.
5. 2. The cost of extra options that must be paid locally, local surcharges and obligatory charges may vary and are subject to change. These costs are only an indication as the actual amount may change between the moment of Reservation and the moment of car collection.
5. 3. Existing Reservations with clearly incorrect prices can be cancelled by the Car hire tour operator and the amount shall be refunded.
Article 6 Similar vehicles
6. 1. The vehicles as mentioned on the Car hire tour operator’s website or in the Reservation confirmation represent a category. The make and model that is given in the Reservation confirmation is only an example and may deviate from the car that is actually provided by the Lessor to the User at the moment of collection. The Lessor, on the basis of the general terms and conditions, retains the right to provide the User with an alternative from the same category, as determined by the number of passenger places, the number of doors, transmission and fuel.
Article 7 Deposit
7. 1. In most cases, the User must pay the Lessor a deposit that equates to the insurance excess, the cost of a full tank of fuel and other additional costs that may occur during the Period. This deposit must be pledged via one credit card in the name of the lead driver. An additional credit card can be required for certain car groups.
7. 2. At all times, it is the responsibility of the User to provide a credit card accepted by the Lessor: the Car hire tour operator has no responsibilities in this regard. A range of payment cards, such as pin cards and Visa Electron cards and variations on this type of payment card, may not be accepted. A deposit in cash is not accepted in general. In some cases, it can be accepted by exception by the Lessor under certain circumstances and conditions.
Article 8 Collecting the car
8. 1. In order to collect the car, the User must be in possession of the following documents: ID in the form of a passport or ID card, a valid driver’s licence, the Voucher and a credit card in the name of the primary driver. The User must ensure that the name of the User on the Voucher corresponds to the ID document. The User may also have to present an international driver’s licence. Consult a motoring organisation in order to verify whether or not an international driving licence is required. At a few destinations, the Lessor may insist on the User providing a copy of a bank statement or other document that indicates the User’s home address.
8. 2. Most Lessors have a desk in the airport terminal. The desk of the Lessor is either in the arrival hall or just outside. If this is not the case, the User will be met by a representative of the Lessor (Meet and Greet) or a shuttle bus will take the User to the rental location. Exact details will be given on the Voucher. It is the responsibility of the User to follow the instruction for collecting the car.
Article 9 Returning the car
9. 1. At the end of the Period, the User must return the undamaged car to the correct location, as indicated on the Contract, and at the appropriate time mentioned on the Voucher. The User must ensure that the car is returned to the same rental company he collected it from.
Article 10 Delays
10. 1. It is important that the User provides the Car hire tour operator with a flight number before departure. If the Lessor has the correct flight details, he can take flight delays into account.
10. 2. If the User encounters a delay which could lead to him missing the collection time, the User must contact the Car hire tour operator or the Lessor. Contact details are provided on the Voucher.
10. 3. If neither the Car hire tour operator nor the Lessor is informed, the Lessor may rent the car to someone else once the Lessor’s waiting period has expired. This waiting period varies per Lessor and is not known in advance by the Car hire tour operator. If the car can only be collected after closing time as a result of a delay, the Lessor may charge an “out of office hours” surcharge to the User (also referred to as “Out of hours service” or “Meet late arrival”).
Article 11 Passenger insurance
11. 1. This is also referred to as personal accident insurance. Most travel insurance covers personal accidents (check this before departure). If this is not included in the travel insurance package, the User can arrange this insurance with the Lessor once the Period commences.
Article 12 Quality control
12. 1. If there are problems or complaints, the Car hire tour operator will do all he can to rectify these. The User must notify the Car hire tour operator immediately of any problems or complaints so that the Car hire tour operator is able to find a suitable solution.
12. 2. If the User, for whatever reason, is not satisfied with the car he must notify the local Lessor and the Car hire tour operator immediately. If the Car hire tour operator has not received any previous notification of the problem, the Car hire tour operator shall be unable to resolve any claims about the condition of a car once the Period has expired. If the alternatives offered by the Lessor are accepted by the User, without further intervention by the Car hire tour operator, no retrospective claims can be made.
12. 3. The User can submit a complaint in writing (letter, email or fax) to the Car hire tour operator within fourteen days of the end of the Period: the User must send a copy of the Contract and all relevant receipts and invoices with the complaint.
Article 13 Refunds
13. 1. (Partially) unused Vouchers will not be refunded. The User shall not receive a refund if he collects the car late or returns it earlier than the indicated dates and times. This also applies if the User cannot hire the car because he is not in possession of the appropriate documentation or is not able to provide a deposit.
Article 14 Amendments and cancellations
14. 1. Cancellations and/or amendments can only be implemented via the Car hire tour operator, before the collection date and time on the Voucher. Cancellations and/or amendments must be reported before the official Period begins.
14. 2. The Car hire tour operator shall not accept cancellations or amendments that the User has agreed with the Lessor. The Car hire tour operator shall accept no cancellations after the collection time as stated on the Voucher.
14. 3. The Car hire tour operator will not apply amendment charges. Costs that are incurred as a result of amending the Reservation (changing the Period, category of car, driver name, flight number etc) however will be passed on.
14. 4. The Car hire tour operator shall offer Users that have taken the option “Cancellation Protection” the opportunity to cancel after deduction of the “Cancellation Protection”.
14. 5. The User that has not taken the option “Cancellation Protection” can cancel the Reservation free of charge up to 48 hours before the collection time, as stated on the Voucher, if the Reservation is still under request or if they fail to take up an alternative offered by the Car hire tour operator. If this User cancels his Reservation within 48 hours of the collection time, as stated on the Voucher, the User will not receive a refund from the Car hire tour operator.
14. 6. The User will not receive a refund if the Period comes to a premature end, he collects the car late, he fails to turn up or he cancels the rental after the commencement of the Period. In above cases, refunds shall not be made even if the User has taken “Cancellation Protection”.
14. 7. The "Cancellation Protection" and transaction fee are non- refundable.
Article 15 User Liability
15. 1. The Lessor can hold the User liable for (a part of) any damage that is caused as a result of an incident during the rental Period, whether or not this is on the grounds of these general terms and conditions.
15. 2. The User must always notify the Car hire tour operator about problems or complaints immediately and offer the Car hire tour operator an opportunity to find a suitable solution. If the User does not fulfil the above obligation, he shall lose any entitlement to payment or refund.
15. 3. In the event of mechanical problems, the User must immediately contact the rental company: their telephone number is given in the Contract. The local Lessor must provide permission for repairs to be carried out or for a replacement car to be provided.
15. 4. The User must comply with the general terms and conditions that correspond to the Contract with the Lessor and with the laws of the country in which the car is hired.
15. 5. The Lessor, whether on the grounds of these general terms and conditions or not, may hold the User liable for the costs of parking fines and other fines imposed by local authorities.
Article 16 Liability of Car hire tour operator
16. 1. Pursuant to the definitions in article 2 of the conditions at hand, the User can only address the Car hire tour operator regarding an issue if the Car hire tour operator has fallen short of its obligations and this shortfall can be ascribed to it according to the law, legal procedures or according to what can be reasonably expected in the context.
16. 2. The Car hire tour operator is explicitly not liable for loss, damage or amendments made to the car, delays or changes caused by civil conflicts, technical problems including air traffic, terrorist activities, natural or nuclear disasters, bad weather conditions, cancelled flights or the bankruptcy of airlines and travel organisations.
16. 3. The Car hire tour operator expressly accepts no liability for Vouchers that cannot be used if this is the fault of the User, driver or a third party. Included hereunder is a failure to be able to provide a valid and original driver’s licence and ID document, providing a driver's licence that does not fulfil the Lessor’s conditions, not having taken account of the minimum or maximum age of the driver and refusing or not being able to provide a deposit.
16. 4. The total liability of the Car hire tour operator is limited to a payment to cover direct damage and shall not exceed the amount paid upon making the Reservation.
16. 5. Payments for items such as extra insurance and options, made to the Lessor locally, shall not be refunded by the Car hire tour operator.
Article 17 Disputes and applicable law
17. 1. Swiss law shall exclusively apply to all disputes about these general terms and conditions. All disputes between the User and the Car hire tour operator shall exclusively be put before the competent court in the region in which the Car hire tour operator is officially registered.
17. 2. In general, the law of the country in which the car is provided shall apply to the contract between the Lessor and the User. The applicable law shall be indicated in the contract.
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