THE CONCEPT OF TRAVEL
These conditions apply:
– when selling a trip consisting of transport, accommodation or other services.
– with the sale of one or more separate services that make a trip or stay possible.
MUTUAL OBLIGATIONS REGARDING THE PROVISION OF INFORMATION
a. With a view to the booking, the traveler must provide all necessary information that is expressly requested by the tour operator and/or travel agent. If the traveler provides incorrect information and this leads to additional costs for the tour operator and/or travel agent, those costs may be charged.
b. Before the travel agreement is concluded, the traveler must receive the following information in writing or in any other suitable form via the travel organizer and/or travel agent, so that the traveler can arrange the necessary documents and formalities:
– general information about the required passports and visas, and in particular the time limits for obtaining them;
– the medical requirements for the trip and stay; information can be found at the local GG & GD office.
– whether or not insurance is included in the price or can be taken out by the traveler if desired to cover the costs of cancellation by the traveler or the costs of repatriation in the event of an accident or illness and, if so, what the general terms and conditions of that agreement.
Travelers of non-Dutch nationality would do well to inquire with the competent authorities which formalities they must complete.
c. In good time before the planned departure date, the traveler must receive the following information in writing or in any other suitable form via the tour operator and/or travel agent:
– all necessary information about the route;
– name, address and fax and telephone number of the local representation of the tour operator and/or travel agent or else name, address, fax and telephone number of the local authorities that can help the traveler in case of difficulties, if necessary an emergency number or other information through which the traveler can contact the tour operator and/or travel agent.
FORMATION OF THE TRAVEL AGREEMENT
The order form, advance bill – invoice that is drawn up at the time of booking serves as proof of the provisions of the travel agreement. If the booked trip is included in a brochure of the tour operator, then the information in that brochure is also part of the travel agreement.
The order form – invoice may only deviate from the travel brochure if the changes were clearly brought to the attention of the traveler before the order form – invoice was signed and/or if the parties agree on the changes to the travel agreement after its conclusion. Only these general terms and conditions apply to the travel agreement.
The definitive travel agreement is created when the booking is confirmed to the traveler by the travel organizer and/or travel agent.
If the content of the order form invoice deviates from that of the travel confirmation, or if the confirmation is not made within 21 days of signing the order form invoice or within the other expressly agreed period, the traveler may assume that the trip has not been booked and he is entitled to an immediate refund of all amounts already paid.
The price calculation is based on the rates and exchange rates for the stay and other services abroad as clearly stated in the travel proposal for each price, in addition to the rates for transport by scheduled plane that are known at the time of confirmation of the trip. goods.
The agreed price is fixed and all mandatory services (see travel proposal) are included, subject to an apparent material error or a revision of the price in a circumstance as described below.
When an adjustment has been made to the transport costs including fuel costs, the duties and taxes due for certain services or the exchange rates applicable to the journey, the price may be revised upwards or downwards.
If the adjustment just described leads to a price reduction, the revision will only take place if the associated costs are not disproportionate to the price reduction.
If the just described adjustment leads to a price increase of more than 10%, the traveler may dissolve the agreement without compensation. He is then only entitled to a refund of all amounts already paid, with the exception of the amount of the bill (or advance bill) as agreed upon at the confirmation of the relevant trip.
PAYMENT OF THE TRIP
Except in the case of rental or if expressly agreed otherwise, the traveler pays an advance invoice – invoice of 30% of the total price as a deposit, with a minimum of 200 € when ordering the reservation of the trip. In addition, the traveler must pay 100% of the ticket price including taxes and surcharges at that time. If a deposit is required for certain trips or parts of a trip that deviates from the above, this will be clearly stated by the tour operator in the travel proposal and on the advance payment invoice.
Unless otherwise agreed upon when booking the trip, the traveler pays the balance no later than 2 months before the departure date, and provided that the written travel confirmation is provided to him in advance or at the same time.
If the traveler books less than 2 months before the departure date, the total price must be paid immediately.
Payments can be made by bank transfer, via IDEAL or American Express. When paying by bank transfer or via iDEAL, no additional costs will be charged, payment by credit card (only AMEX) is subject to the following costs:
- via American Expresscard: 2.35% of the total travel sum
NB. Payment by credit card payment is only possible when the full travel sum is paid in one go.
CANCELLATION BY THE TRAVELER
The traveler can cancel the agreement in whole or in part at any time, provided he reimburses the travel organizer and/or travel agent for this. In the event of cancellation by the traveler, the traveler owes the travel organizer the following amounts:
up to 90 days before departure: 30% of the price, with a minimum of € 200 (or the amount of the advance bill as agreed)
From 90 days to 60 days before departure: 50% of the total price;
From 60 days to 30 days before departure: 75% of the total price;
Within 30 days before departure and from the day of departure: 100% of the total price.
Different cancellation conditions apply for gorilla permits and flights (100% costs immediately after booking).
REPLACEMENT AND OTHER CHANGES BY THE TRAVELER
The traveler can be replaced by another person for the implementation of the travel agreement, provided that this person meets the special requirements regarding the trip and the stay, and provided the traveler reimburses the travel organizer and/or travel agent for all costs caused by this. . The original traveler and the replacement are jointly and severally liable towards the tour operator and/or travel agent for all costs resulting from this replacement and for the balance of the trip.
If the traveler requests another change (date of departure or return, destination, hotel, etc.), the tour operator and/or travel agent may charge all costs caused by this.
CANCELLATION BY THE TOUR ORGANIZER
If the tour operator cancels the trip before the agreed departure date due to force majeure or because the number of registrations is less than the required minimum and the traveler is informed of this as soon as possible, and no later than 15 days before the departure date, the traveler only has the right to the immediate repayment of all amounts already paid.
If the tour operator cancels the trip before the agreed departure date for any reason other than the two just mentioned, the traveler is not only entitled to an immediate refund of all amounts already paid.
The travel organizer must immediately report the cancellation, as well as the reason for it, in writing to the travel agent – who is then responsible for informing the traveler without delay – and/or to the traveler.
If the travel organizer and/or travel agent is obliged before departure to change the agreement on an essential point, such as the price, he must inform the traveler of this in writing as soon as possible so that he can decide whether to cancel the agreement. without compensation or that he, on the contrary, agrees to the proposed amendment to the agreement.
That proposal for amendment must be communicated in writing and must contain both the changes compared to the original agreement and their impact on the price. The alternative offered must be at least equivalent or of better quality. If it is of lesser quality, the difference in price must be refunded. In all such cases, the traveler is entitled to compensation, where appropriate. The traveler must inform the tour operator and/or travel agent of his decision as soon as possible.
If, after the traveler’s departure, an important part of the services to which the agreement relates is not provided or the travel organizer notices that he will not be able to provide an important part of the services, the travel organizer will ensure that suitable alternative options are available for the traveler. arrangements are made so that he can continue his journey at no extra cost. Where appropriate, he shall indemnify the traveler in the amount of the difference between the intended and the services actually provided.
If such arrangements are impossible or if the traveler has sound reasons for not accepting the proposal, the tour operator will, where appropriate, provide an equivalent means of transport that will take the traveler back to the place of departure or to another place agreed with him at no extra cost. of return.
Where appropriate, he shall compensate the traveler.
Both the tour operator and the travel agent are equally liable for the acts and omissions of its staff and representatives as for its own acts and omissions, unless he proves that he has acted as a diligent tour operator and/or travel agent.
The tour operator and/or travel agent is liable to the traveler for the proper execution of the obligations arising from this agreement. It makes no difference whether these obligations are addressed by himself or by other service providers. The tour operator and/or travel agent can only waive this liability if he can prove that he has acted as a diligent tour operator and/or travel agent, including in the choice of other service providers.
The travel organizer and/or travel agent is liable for all damage that the traveler incurs because the travel agreement was not or poorly executed, except if:
the shortcoming is attributable to the traveler;
the shortcoming is due to a third party who is not involved in the provision of the services referred to in the agreement and could not be foreseen or remedied; the shortcoming is due to force majeure;
the tour operator and/or travel agent proves that he acted as a diligent tour operator and/or travel agent.
Except in the event of a serious shortcoming by the traveler, the tour operator and/or travel agent is obliged to do his best to help the traveler in difficulty. The resulting costs are for the traveler, if it is he who has committed the shortcoming.
The traveler is liable for damage incurred by the tour operator and/or travel agent, their staff or their representatives as a result of his mistake, as well as if he has not fulfilled his contractual obligations. The error will be assessed according to the normal behavior of the traveler.
Complaints before the travel agreement is executed, the traveler must submit as soon as possible by registered letter or against receipt to the travel agent, otherwise to the tour operator.
Complaints during the execution of the agreement, the traveler must report as soon as possible on site and in an appropriate and evident way, so that a solution can be sought. For this he must – in this order – contact a representative of the tour operator, or a representative of the travel agent, or finally directly to the tour operator.
If a complaint was not satisfactorily resolved on the spot or if the traveler was unable to formulate a complaint on the spot, he must submit a complaint to the travel agent or otherwise to the travel organizer by registered letter or against acknowledgment of receipt at the latest 4 weeks after the end of the travel agreement; otherwise the complaint is not valid and not acceptable.