General terms and conditions of travel
Article 1 paragraph 1: In these General Terms and Conditions the following definitions apply:
• Travel Organizer: the party that, in conducting its business in its own name, offers to the public or groups of persons trips that have been previously organised;
• Travel Agreement: the Agreement whereby a Travel Organizer agrees in respect of the other party to supply a trip offered by it and which it has organized previously, which trip includes an overnight stay or a period exceeding 24 hours, as well as at least two of the following services:
1. Transport; 2. Accommodation; 3. Another service relating to tourism, not connected with transport or accommodation, which service constitutes a significant component of the trip;
•Traveller: the other party to the Agreement made with the Travel Organizer, or the party to which or whom, in pursuance of Article 7 of these General Terms and Conditions, the legal relationship to the Travel Organiser has been transferred.
Article 1 paragraph 2: These General Terms and Conditions are applicable to all Travel Agreements.
Article 2. Formation and Content of the Agreement
Article 2 paragraph 1: The Agreement is formed upon the traveller’s acceptance of that which is offered by the Travel Organizer. The Travel Organizer makes its offer free of obligation and can, if necessary, withdraw its offer. Such withdrawal must occur as soon as possible, and no later than 24 hours following acceptance.
Article 2 paragraph 2: Before entering into and carrying out the Agreement, the traveller shall supply the Travel Organizer with all necessary information pertaining to himself and any other traveller(s).
Article 2 paragraph 3: Any parties entering into an Agreement on behalf of or for the benefit of any other party are jointly and severally liable for all obligations arising from this Agreement. The (other) traveller(s) is (are) liable for his (their) own part of any Agreement.
Article 2 paragraph 4: If the agreed trip is included in any publication of the Travel Organizer, the information included therein shall be a part of the Agreement. If the Travel Organizer has included general provisos and these conflict with the Terms and Conditions of Travel, those Terms and Conditions most beneficial to the Traveller shall apply. The Travel Organizer shall not be bound by any obvious mistakes or errors occurring in any publication.
Article 2 paragraph 5: If, in respect of trips in which transport is included, the publication states the duration of the trip in days, the days of departure and arrival shall be calculated as whole days, regardless of the departure and arrival times stated.
Article 3. Payment
Article 3 paragraph 1: On concluding the Agreement a sum (deposit) of € 275,00, is required to be paid, unless indicated otherwise in the relevant publication.
Article 3 paragraph 2: The remainder of the amount due must be settled within the period to be indicated by the Travel Organizer in its publication. The traveller will be in default in the event of any payments not made in due time. He will be informed thereof by or on behalf of the Travel Organizer, whereupon he will be given the opportunity to settle the amount due within 7 days. If payment is still not made, the Agreement will be considered annulled on the day upon which default occurs. The Travel Organizer is entitled to charge for cancellation costs, if these have been stipulated in the publication.
Article 3 paragraph 3: If the Agreement is concluded within 6 weeks of the day of departure, the entire cost of the trip must be settled immediately.
Article 4. Cost of the Trip
Article 4 paragraph 1: The cost of the trip as stated in the publication is per person, unless indicated otherwise. This includes payments for services and provisions, as described in the publication.
Article 4 paragraph 2: The cost of the trip as stated in the publication is based on the prices, levies and taxes known to the Travel Organizer at the moment the publication went to print. Article 4 paragraph 3: Following timely payment of the entire cost of the trip, the Travel Organizer shall not alter that price later than six weeks preceding the day of departure. Only in cases of extreme increases in fuel prices may the Travel Organizer depart from this provision as late as 20 days prior to the day of departure. The Travel Organizer shall indicate to the Traveller the method by which this increase shall have been calculated.
Article 5. Information
Article 5 paragraph 1: Both at the time of departure and during the trip the Traveller is required to be in possession of the necessary documents, such as a valid passport or, where permitted, a tourist card and any visas, proof of inoculations and vaccinations, driving licence or Dutch Motor Insurance Card that may be required.
Article 5 paragraph 2: If the Traveller is unable to undertake or complete the trip owing to the lack or invalidity of any document, the Traveller shall bear all responsibility, as well as for the consequences thereof, unless the Travel Organizer shall have promised in writing to take care of the document in question and the lack of that document cannot be attributed to the Traveller, or the Travel Organizer shall have failed in its duty to supply information, as meant in the following paragraph.
Article 5 paragraph 3: Upon the formation of the Agreement at the latest, general information regarding passports, visas and any health formalities will be supplied by or on behalf of the Travel Organizer to the Traveller. The Traveller himself shall procure all necessary additional information from the authorities in question and, in due time, also ascertain prior to departure whether the information obtained earlier has in the meantime not been altered.
Article 5 paragraph 4: The Traveller shall have to be supplied, by or on behalf of the Travel Organizer, with information regarding the possibility of taking out an insurance policy for cancellation costs as well as travel insurance.
Article 6. Travel Documents
The necessary travel documents will be provided to the Traveller no later than 10 days prior to the date of departure, unless this is not possible for legitimate reasons.
Article 7. Substitution
Article 7 paragraph 1: Prior to commencement of the trip and in due time, the Traveller may have a replacement substituted. In that event the following conditions apply:
a. the replacement satisfies all the terms and conditions connected with the Agreement;
b. the request is submitted no later than 7 days prior to departure, or in time to allow all the necessary formalities and procedures to be carried out, and
c.the terms and conditions of the service providers involved in carrying out the Agreement do not conflict with that substitution.
Article 7 paragraph 2: The party making the booking, the Traveller and the party replacing him are jointly and severally liable in respect of the Travel Organizer for payment of any outstanding amount as well as any costs reasonably incurred as a consequence of the substitution.
Article 8. Cancellation by the Traveller
If an Agreement is cancelled, cancellation costs (registration fee) up to € 275,00 per person in addition to any reservation costs still owing (if stipulated by the Travel Organizer) shall upon cancellation be payable up to the date upon which the cancellation insurance is effected. Regarding that date the Travel Organizer will post announcements in the publication with regard to the trip. If cancellation is made subsequent to that date, then the entire cost of the trip will be payable.
Article 9. Cancellation by the Travel Organizer
The Travel Organizer is entitled to cancel the Agreement with immediate effect and without payment of compensation if the number of bookings is less than the required minimum as stated in the publication. Cancellation is required to be made within the period stated in the publication. Articles 10 and 11 are then not applicable.
Article 10. Alteration, with Possible Subsequent Cancellation by the Travel Organizer.
Article 10 paragraph 1: The Travel Organizer is entitled to make one or more fundamental alterations to the agreed service provided if there are serious grounds for doing so, which serious grounds are such that the Travel Organizer cannot reasonably be required to be bound by the Agreement any longer. If the cause of the alteration can be attributed to the Traveller, any damage arising will be payable by the Traveller. If the alteration results in savings to the Travel Organizer, the Traveller is entitled to his share of the amount saved.
Article 10 paragraph 2: As soon as possible after the aforementioned serious grounds have arisen, the Travel Organizer must provide the Traveller with a proposed alteration in the form of an alternative offer. This obligation ceases to apply if the cause of the alteration is attributable to the Traveller. The Traveller may reject the alteration(s).
Article 10 paragraph 3: The alternative offer must be of equivalent value at least. The equivalent value of the alternative accommodation must be assessed according to objective yardsticks, and must be judged according to the following indicators which are required to be listed in the replacement offer:
1. the location of the accommodation at the destination;
2. the nature and class of the accommodation;
3. the remaining facilities offered by the accommodation.
In the assessment referred to above, the following must be taken into consideration:
a. the make-up of the travel party;
b. the special characteristics of the traveller(s) concerned, communicated to and confirmed in writing by the Travel Organization.
Article 10 paragraph 4: If the Travel Organizer’s offer referred to in paragraph 2 is rejected by the Traveller or such an offer is not made, then paragraph 6 of this article applies.
Article 10 paragraph 5: Based on serious grounds communicated without delay to the Traveller, the Travel Organizer may also alter the Agreement in respect of a matter that is not fundamental. In that case the Traveller can only reject the alteration if the resulting disadvantage to him is more than slight.
Article 10 paragraph 6: The Traveller who exercises his right to reject the alteration or alternative offer in accordance with the foregoing paragraphs of this article must make this known within 3 working days after being informed of the alteration. In that event the Travel Organizer is entitled to cancel the Agreement with immediate effect. This right lapses if it is not exercised within 7 working days after receipt by the Traveller of the notice of alteration. In that event the Traveller is entitled to a remission from or rebate of the cost of the trip (or, if the trip is already in progress, a rebate of a proportionate part thereof) within 2 weeks, without prejudice to any right he may have to damages as meant in paragraph 7 of this article.
Article 10 paragraph 7: In the event of cancellation on the grounds of the foregoing paragraph the Travel Organizer will compensate the Traveller for any damage sustained by him, unless such cancellation is the result of force majeure as meant in Article 11 paragraph 4, which is not understood to include overbooking.
Article 10 paragraph 8:
A. If subsequent to the departure of the traveller(s) a significant component of the services, relating to the Agreement, is not provided or the Travel Organizer realizes that it shall not be able to offer a significant portion of the services, the Travel Organizer shall see to it that where possible suitable, alternative arrangements will be made with a view to continuing the trip.
B. Any damage resulting to the Traveller from this alteration will be payable by the Travel Organizer if the shortcomings in the performance of the Agreement are attributable to it in accordance with the provisions of Article 11.
Article 10 paragraph 9: Without prejudice to the provisions of Article 14 paragraph 1, the Travel Organizer is obliged to inform the Traveller about any alteration it makes to the departure time. In respect of the return journey this obligation is not applicable to Travellers who have only made bookings for transportation and/or those whose place of abode is unknown.
Article 11. Liability and Force Majeure
Article 11 paragraph 1: Without prejudice to articles 9, 10, 12, 13 and 14, the Travel Organizer is obliged to carry out the Agreement in accordance with the expectations the Traveller might reasonably have on the grounds of that Agreement.
Article 11 paragraph 2: If the trip does not proceed in accordance with the expectations meant in paragraph 1, the Traveller is obliged, as soon as possible, to inform the parties concerned meant in Article 16 paragraph 1
Article 11 paragraph 3: If the trip does not proceed in accordance with the expectations meant in paragraph 1, the Travel Organizer is obliged to compensate for any damage sustained, unless the shortcoming in performance is not attributable to it or to the party whose assistance it avails itself of in carrying out the Agreement, for the reason that:
a. the shortcoming in the performance of the Agreement is attributable to the Traveller; orf
b. the shortcoming in the performance of the Agreement could not have been foreseen or could not be eliminated and is attributable to a third party not involved with providing the services included in the trip; or
c. the shortcoming in the performance of the Agreement is attributable to an incident that the Travel Organizer, or the party whose assistance it avails itself of, despite having taken every possible precaution, was not able to foresee or rectify;
d. the shortcoming in the performance of the Agreement is attributable to force majeure as meant in paragraph 4 of this article.
Article 11 paragraph 4: Force majeure is understood to refer to abnormal or unforeseeable circumstances that are independent of the will of the party invoking them, and the consequences of which could not have been avoided despite all precautionary measures having been taken.
Article 12. Assistance and Protection
The Travel Organizer is obliged according to the circumstances prevailing to provide assistance and protection to the Traveller if the trip does not proceed in accordance with
the expectations the Traveller might reasonably have on the grounds of the Agreement. The costs arising therefrom are payable by the Travel Organizer if the shortcoming in the performance of the Agreement is attributable to it in accordance with the third paragraph of Article 11. If the cause is attributable to the Traveller, the Travel Organizer is only obliged to extend assistance and protection insofar as this can reasonably be required of it. In that event the costs will be payable by the Traveller.
Article 13. Exclusion and Limitations of the Liability of the Travel Organizer
Article 13 paragraph 1: If on the grounds of Article 13 the Travel Organizer is liable for damage sustained by the Traveller, its liability shall be limited or excluded in accordance with the relevant provisions of international treaties. Nor will it accept liability for any claim for which compensation exists on the basis of a travel and/or cancellation insurance policy.
Article 13 paragraph 2: If the Travel Organizer is liable to the traveller for diminished enjoyment of the trip, compensation will amount to no more than the cost of the trip multiplied by one.
Article 13 paragraph 3: Without prejudice to the provisions of the foregoing paragraphs of this article the liability of the Travel Organizer for damage other than that arising from the death or injury to the Traveller is limited to no more than three times the cost of the trip, unless there is intention or gross negligence on the part of the Travel Organizer. In that event its liability will be unlimited.
Article 13 paragraph 4: The exclusions and/or limitations of the liability of the Travel Organizer set forth in this article also apply in favour of employees of the Travel Organizer and service providers involved, as well as their personnel, unless this is excluded by law or treaty.
Article 14. Obligations of the Traveller
Article 14 paragraph 1: The Traveller(s) is (are) obliged to observe all the directions of the Travel Organizer for the sake of the proper accomplishment of the trip, and is/are responsible for any damage arising from his/their unauthorized conduct, which conduct is to be assessed according to the standard of behaviour of a seemly Traveller. Every Traveller is required, no later than 24 hours prior to the indicated time of departure of the return journey, to ascertain from the Travel Organizer or its representative the exact time of departure.
Article 14 paragraph 2: Any Traveller causing a nuisance or annoyance to the extent that this causes significant hindrance to the proper accomplishment of a trip can be excluded by the Travel Organizer from (the remainder of) the trip if it cannot reasonably required of the Travel Organizer that its part of the Agreement be observed. All costs arising therefrom will be payable by the Traveller, if and insofar as the consequences of the nuisance or annoyance can be attributed to him. If and insofar as the cause of the exclusion cannot be attributed to the Traveller, he will be granted a refund of the cost of the trip, or a part thereof.
Article 15. Interest and debt-collection costs
Any Traveller who has not in due time settled a financial obligation in respect of the Travel Organizer will be obliged to pay interest of 1% per month or part of a month on the amount still in arrears. Furthermore he will be obliged to pay out-of-court collection costs equivalent to 15% of the principal amount due, at a minimum of € 50,00, unless this amount is unjust in view of the efforts involved in the debt collection.
Article 16. Complaints
Article 16 paragraph 1: An observed shortcoming in the performance of the Agreement, as meant in Article 11 paragraph 2, must be reported as soon as possible to the service provider concerned to allow it to make arrangements for a suitable solution. If the shortcoming has not been resolved within a reasonable period and it detracts from the quality of the trip, this must be reported without delay to the party in charge of the trip. If that party is not present or reachable, the Traveller is required immediately to contact the Travel Organizer in the manner prescribed by it. The Travel Organizer shall reimburse the Traveller with the costs he shall reasonably have incurred.
Article 16 paragraph 2: If the shortcoming is still not resolved satisfactorily and is a cause for complaint, the Traveller is required to report this as soon as possible to the party in charge of the trip or, if that is impossible, the Travel Organizer. If a complaint is not resolved satisfactorily, this must be submitted in writing to the Travel Organizer and with reasons given within one month of the Traveller’s return to his country. If the complaint concerns the formation of an Agreement as opposed to its performance, this must be submitted to the Travel Organizer within one month after the facts relating to the complaint have come to the Traveller’s notice.
Article 16 paragraph 3: Any Traveller wishing to bring his claim before the competent court of law is required to do so, under penalty of forfeiture of his rights, within a year after the completion of the journey (or, if the trip was not undertaken, one year after the original departure date).
The foregoing Terms and Conditions of Travel are largely derived from or based on the Terms and Conditions of Travel of the General Dutch Association of Travel Agencies (ANVR).