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Booking Conditions

SOLEIGE -ANVR TRAVEL TERMS AND CONDITIONS

These ANVR Travel Terms and Conditions were drawn up in consultation with the Consumers'  Association in the context of the SER Self-Regulation Coordination Group, were revised in September 2011 and are applicable to travel with a departure after 31 March 2012. You can also read these terms and conditions at www.anvr.nl.

CONTENTS

INTRODUCTION

Article 1 Introductory provisions

BEFORE BOOKING THE TRAVEL PACKAGE

Article 2 Information provided by the travel organizer

Article 3 Information provided by the traveler

Article 4 Essentials

BOOKING THE TRAVEL PACKAGE (Content and record)

Article 5 Realization and content of contract

Article 6 Payment, interest and collection costs

Article 7 Travel sum

PERIOD AFTER BOOKING THROUGH TO REALISATION OF THE TRAVEL PACKAGE

Article 8 Changes to travel sum

Article 9 Travel contract documents and travelers’ required travel documents

Article 10 Changes instigated by the traveler

Article 11 Substitution

Article 12 Cancellation by the traveler

Article 13 Cancellation by the travel organizer

Article 14 Changes instigated by the travel organizer

Article 15 Liability and force majeure

Article 16 Help and assistance

Article 17 Exclusions and restrictions to liability of travel organizer

Article 18 Obligations of the traveler

Article 19 Complaints during the travel package

AFTER THE TRAVEL PACKAGE

Article 20 Complaints after the travel package

Article 21 Disputes

Article 22 Compliance guarantee

 

INTRODUCTION

Article 1 Introductory provisions

1. The following terms are defined as follows in these Travel Terms and Conditions:

Travel organizer: the party which, in the performance of its business, offers

prearranged travel packages under its own name to the public or to a group of persons.

Traveler:

a. the other party of the travel organizer, or

b. the party on whose behalf the travel package has been arranged, and who has accepted this arrangement, or

c. the party to which the legal relationship with the travel organizer has been transferred, in accordance with Article 11 of these terms and conditions. Travel contract: the contract under which a travel organizer undertakes vis-à-vis its other party to provide a prearranged travel package offered by the travel organizer, which includes an overnight stay for a period of more than 24 hours, and at least two of the following services:

a. transport;

b. accommodation;

c. another tourist service, not related to transport or accommodation, which forms a significant part of the travel package. Accommodation-only contracts: travel contracts for which the traveler only reserves holiday accommodation and organizes the transport him/herself.

Booking office: the business which mediates between the traveler and the travel organizer in entering into the travel contract.

Working days: Mondays through Saturdays, with the exception of legally recognized public holidays.

Office hours: Mondays to Fridays from 9 AM to 5:30 PM and Saturdays from 10 AM to 4 PM.

2. These travel terms and conditions are applicable to all travel contracts. The travel organizer can stipulate that these travel terms and conditions are also applicable to contracts relating to other travel packages, including accommodation-only contracts and shuttle journeys by coach, as long as this is stated in the publication.

3. The term 'Europe and the Mediterranean Countries' is deemed to mean: the European continent, including the Spanish (Canary) Islands and Portuguese (Madeira, Azores) Islands, and all countries in Asia and Africa which adjoin the Mediterranean.

BEFORE BOOKING THE TRAVEL PACKAGE

Article 2 Information provided by the travel organizer

1. The travel organizer will provide or ensure the provision of information, pertaining to the Dutch nationality, on passports, visas and any health-related formalities to the traveler, no later than at the time the contract is concluded.

The traveler him/herself is responsible for obtaining the necessary additional information from the relevant authorities and to ascertain in good time before departure whether or not the information previously obtained has changed.

2. The travel organizer will provide or ensure the provision of information to the traveler on the possibility to take out cancellation insurance and travel insurance. The travel organizer can decide to conclude a travel contract subject to the condition that the traveler takes out travel insurance, and can request proof of such insurance. The travel organizer will state such a condition clearly in the offer.

3. The travel organizer accepts no responsibility for general information in photos, folders, advertisements, websites and other information carriers, inasmuch as these have been drawn up or published under the responsibility of third parties.

4. In the case of air travel, the identity of the airline providing the transport will be notified to the traveler as soon as it is known to the travel organizer, if possible at the time of booking and no later than at the time the travel documents are provided.

Article 3 Information provided by the traveler

1. Before or no later than at the time the contract is concluded, the traveler will provide the booking office or the travel organizer with all information regarding him/herself and the travelers for which he/she has made a booking which could be of importance in the conclusion or realization of the contract. This will include the number of his/her mobile telephone and e-mail address, if available.

2. In particular, the traveler must provide information concerning him/herself and the travelers for which he/she has made a booking with regard to their physical and/or mental condition (including the use of alcohol, drugs or medicines) if this physical and/or mental condition could result in possible disruption, danger or risks to the traveler or to other travelers (passengers and/or crew) or the property of third parties.

The passenger is aware that the carrier (for example the captain of an airplane) can refuse the passenger the right to further transport if the information turns out to be incorrect or has not been provided. Information must also be provided on any limited mobility, and on the necessity for accompaniment for minor and disabled travelers, pregnant women, persons who are ill and other accompanying travelers. The traveler is aware that the carrier reserves the right to require a medical declaration with regard to specific medical conditions, and in the event that no such a medical declaration is presented, to refuse the traveler the right to (further) transport.

3. The traveler must also indicate any details which could be of importance to the proper realization of the travel package by the travel organizer in terms of the capacity or composition of the party for which he/she has made a booking.

4. If the traveler does not comply with his/her obligations to provide information, and this results in said traveler(s) being excluded from (further) participation in the travel package in accordance with the provision in Article 18 paragraph 2, the costs referred to in said article will be charged to him/her.

Article 4 Essentials

1. Deviations from or additions to the travel package offered by the travel organizer can be requested on medical grounds (medical essentials). The travel organizer will make a realistic effort to comply with such requests, unless this cannot reasonably be expected of it. Medical essentials require the explicit written consent of the travel organizer.

2. In the case of a medical essential, the travel organizer is entitled to charge a reasonable amount per booking for special arrangement expenses, communication expenses and any additional costs charged by the service providers involved in the realization of the travel package associated with the deviation or addition. Any costs relating to medical essentials can only be charged if the traveler and the travel organizer have agreed on them.

3. A request for an essential on grounds other than medical grounds (other essentials) will only be considered by the travel organizer if this has a reasonable chance of success. In such cases, the travel organizer is entitled to charge a reasonable amount per booking for the special arrangement expenses, communication expenses and any additional costs charged by the service providers involved in the realization of the travel package associated with the request. Such requests also require the explicit written consent of the travel organizer.

4. The level of the payments referred to in this article will be stated in the offer of the travel organizer.

BOOKING THE TRAVEL PACKAGE (Content and record)

Article 5 Conclusion and content of contract

1. Offer and acceptance

a. The contract is realized as a result of acceptance by the traveler of the offer of the travel organizer, including the applicable conditions. Acceptance can take place directly or via the mediation of a booking office. After the contract is realized, the traveler will receive confirmation of this in writing or electronically as quickly as possible, in the form of an invoice if applicable.

b. In the case of a booking via the internet, the travel organizer will design the booking process in such a way that the traveler is informed before the acceptance that he/she is entering into a contract and which terms and conditions are applicable. The traveler is bound by this contract from the moment the booking is confirmed by the travel organizer.

2. Withdrawal of offer

The offer of the travel organizer is free of obligation, and can be withdrawn by the travel Organizer, if necessary. Withdrawal due to a correction of errors in the calculation of the travel sum or of other errors is permitted. The withdrawal must take place as quickly as possible, before 4 PM on the next working day (travel packages in Europe and the Mediterranean Countries) or before 12 noon on the second working day (travel packages to other destinations) after the date of acceptance, giving reasons. In such cases, the traveler is entitled to prompt reimbursement of any amounts paid.

3. Manifest errors

Manifest errors and manifest mistakes are not binding on the travel organizer. Such errors and mistakes are errors and mistakes which – from the point of view of the average traveler – are or should be recognizable as such at first sight.

4. Termination by travel organizer due to low participation

The travel organizer is entitled to terminate the contract with immediate effect if the number of bookings is lower than the required minimum number. It will state the period of notice and the required minimum number of bookings clearly in the offer. Termination must take place in writing within the period stated in the offer. Articles 13 and 15 are not applicable.

5. Booking party

a. A person who enters into an obligation in the name of or on behalf of another person (the booking party) is jointly and severally liable for all the obligations arising from the contract.

b. All communication (including payment) between the traveler(s) on the one hand and the travel organization and/or the booking office on the other hand will take place exclusively through the booking party.

c. Each traveler is liable for his/her own share of the contract.

6. Published details and restrictions

a. If the agreed travel package is included in a publication of the travel organizer, the details contained in this form part of the contract.

b. If the travel organizer has included general restrictions in the general section of the programme, and these conflict with the travel terms and conditions, the provisions most favorable to the traveler will be applicable.

7. Departure and arrival times

Departure and arrival times for transport components will be stated in the travel documents. These times are definitive. The travel organizer may only alter these times within reasonable limits, and only if it cannot reasonably be required to adhere to these times. In such cases, Articles 14 and 15 are not applicable.

8. Deviations from percentages in Articles 6 and 12

The travel organizer can deviate from the percentages stated in Articles 6 and 12, but only if the deviating percentages have been previously made known in the publication and/or offer, and they improve the position of the traveler. This does not affect the permitted deviations referred to in Article 6 paragraph 1 and Article 12 paragraph 2.

Article 6 Payment, interest and collection costs

1. a. At the moment the contract is realized, a deposit must be paid of 15% of the total agreed travel sum. Organizers of cruises, scheduled flight travel packages, tours (including camper rental), adventure travel packages, accommodation-only contracts, packages with regard to the rental of motorboats or yachts, or travel packages involving visits to national parks or amusement parks, or visits to cultural or sporting events, and travel packages outside Europe and the Mediterranean Countries can deviate from this amount. They must make this clearly known to the traveler in advance.

b. In the case of accommodation-only contracts to hotels, the deposit is 20% of the travel sum.

c. In the case of accommodation-only contracts to lodging units such as bungalows, apartments, static caravans, campsite pitches, the deposit is 30% of the travel sum.

2. The remainder of the travel sum must be in the possession of the booking office no later than six weeks before the day of departure (in the case of accommodation-only contracts, before the date of arrival at the first booked accommodation). In the case of late payment, the traveler will be in default. The traveler will be notified in writing to this effect by or on behalf of the travel organizer, and will then have the opportunity to pay the amount owed within seven working days. If payment has still not been made by that time, the contract will be deemed to have been cancelled on the day of default. The travel organizer is entitled to charge the cancellation costs owed in this context. In such cases, the provisions of Article 12 are applicable, and the cancellation fee will be deducted from the amounts already paid.

3. If the contract is realized less than 6 weeks before the date of departure, the entire travel sum must be paid immediately, in full.

4. A traveler who does not comply with a financial obligation to the travel organizer in good time will owe the statutory interest rate on the remaining amount owed. The traveler will also be required to reimburse any extrajudicial costs reasonably incurred by the travel organizer.

Article 7 Travel sum

1. The published travel sum is per person, unless otherwise indicated. It includes the services and provisions stated in the publication, whether or not specified in separate cost elements, including unavoidable additional costs which the traveler must pay for the services offered which are known at the moment of publication. The term unavoidable additional costs shall include costs which are inextricably linked with the service offered. This does not include the costs of additional services which are provided at the request of the traveler by the travel organizer or by third parties, such as insurance premiums and costs charged per party at the time of booking and which vary depending on the size of the party, and reservation fees which can vary by sales channel.

2. The published travel sum is based on the prices, levies and taxes that were known to the travel organizer at the time of its publication.

PERIOD AFTER BOOKING THROUGH TO REALISATION OF THE TRAVEL PACKAGE

Article 8 Changes to travel sum

1. The travel organizer is entitled to increase the travel sum in the context of changes to the transport costs (including fuel costs), the taxes and levies owed, up to 20 days before the date of departure (in the case of accommodation-only contracts, before the date of arrival at the first booked accommodation). The travel organizer will indicate in this context how the increase has been calculated. Such changes can also lead to a reduction of the travel sum, unless this cannot reasonably be expected of the travel organizer in view of the costs involved. The travel organizer must indicate in this context how the reduction has been calculated. If the travel sum has been paid on time, the period within which the travel sum can no longer be increased is six weeks before departure, rather than 20 days.

2. a. Contrary to the provision in paragraph 1, the travel organizer will not adjust the travel sum for charter flights within Europe and to the Mediterranean Countries.

b. Contrary to the provision in point a., and solely in the event of unforeseeable increases to taxes or levies owed, or an extreme increase to the transport costs, the travel organizer can increase the travel sum up to 20 days before the date of departure. The ANVR and the Consumers' Association will jointly determine whether such a situation exists. If no agreement is reached, an independent third party, to be appointed in mutual consultation, will be asked to issue a ruling in the matter which is binding on the parties.

3. In the event of an announced price increase to the air travel costs, the traveler can ask the travel organizer whether he/she can already pay these costs to the travel organizer in order to prevent the price increase. If this request can be granted, and these costs are paid in full and the ticket is issued, the travel organizer will no longer adjust the air travel costs element of the travel sum. In such cases, the cancellation costs referred to in Article 12 will be increased by the air travel costs, as a minimum.

4. a. The traveler is entitled to reject an increase to the travel sum as referred to in paragraphs 1 and 2. The traveler must make use of this right within three working days of receipt of notification of the increase, on penalty of forfeiture.

b. If the traveler rejects the increase, the travel organizer is entitled to terminate the contract. He/she must exercise this right within seven working days of receipt of notification of the increase, on penalty of forfeiture. At that point, the traveler is entitled to a waiver of the travel sum or immediate reimbursement of amounts already paid. Articles 13, 14 and 15 are not applicable.

Article 9 Travel contract documents and traveler’s’ required travel documents

1. The travel organizer will ensure that the necessary travel contract documents are in the possession of the traveler no later than 10 days before the day of departure (in the case of accommodation-only contracts: before the date of arrival at the first booked accommodation), unless this cannot reasonably be expected of the travel organizer.

2. If the traveler has not received any travel contract documents within five working days before departure at the latest, he/she must notify the travel organizer or the booking office to this effect immediately.

3. In the case of travel packages booked less than 10 days before the date of departure (in the case of accommodation-only contracts: before the date of arrival at the first booked accommodation), the travel organizer or the booking office will indicate when and how the necessary travel contract documents will be put in the possession of the traveler. If the traveler does not receive these accordingly, he/she must immediately notify the travel organizer or the booking office to this effect.

4. The traveler him/herself is responsible for having the necessary travel documents with him/her, such as a valid passport or, where permitted, an identity card and any necessary visas, proofs of immunizations and vaccinations, driving license and international motor insurance certificate. If the traveler is unable to undertake all or part of the travel package as a result of not being in possession of any document, or of such a document not being valid, any and all consequences of this will be at the traveler’s expense, unless the travel organizer has undertaken that it would arrange the document in question, and its absence can be imputed to the travel organizer, or if the travel organizer has failed to comply with its information obligation under Article 2 paragraph 1.

Article 10 Changes instigated by the traveler

1. After the contract has been realized, the traveler can request changes to it. This is subject to the condition that the traveler pays the amended travel sum, after deduction of the amounts already paid. Furthermore, the traveler is required to pay an amendment fee per booking, and, if appropriate, communication costs, as stated in the offer. A decision regarding the request will be taken as quickly as possible. These amendments will be implemented as much as possible, up to 28 days before

departure, and if successful confirmed in writing by the travel organizer.

2. Rejection of the amendments requested by the traveler will be notified by the travel organizer to the traveler immediately, giving reasons. The traveler can proceed with the original contract, or cancel it. If he/she chooses to cancel the contract, Article 12 will be applicable. If there is no response from the traveler to the rejection of his/her request, the original contract will be enforced.

3. A change to the departure date or a reduction to the number of paying passengers will be considered a cancellation or part cancellation, to which Article 12 is applicable. In such cases, no amendment fee or communication costs will be owed.

Article 11 Substitution

1. The traveler can be substituted by another person, in good time before commencement of the travel package. This is subject to the following conditions:

- the other person complies with all the conditions to which the contract is subject; and

- the request is submitted no later than seven days before departure, or in good time such that the necessary actions and formalities can still be carried out; and

- the terms and conditions of the service providers involved in the fulfillment do not preclude such substitution.

2. The booking party, the traveler and the person substituting for the traveler are jointly and

severally liable vis-à-vis the travel organizer for payment of the as yet unpaid part of the travel sum, the amendment fee and communication costs referred to in Article 10 paragraph 1 and any  dditional costs resulting from the substitution.

Article 12 Cancellation by the traveler

1. Standard cancellation fee

In the event that a contract is cancelled, the travel organizer can charge the traveler

the following cancellation fees, in addition to any reservation costs owed:

- in the case of cancellation up to the 57th day (exclusive) before the day of

departure: the deposit;

- in the case of cancellation from the 57th day (inclusive) to the 29th day (exclusive)

before the day of departure: 50% of the travel sum;

- in the case of cancellation from the 29th day (inclusive) to the 21st day (exclusive)

before the day of departure: 65% of the travel sum;

- in the case of cancellation from the 21st day (inclusive) to the 14th day (exclusive)

before the day of departure: 80% of the travel sum;

- in the case of cancellation from the 14th day (inclusive) to the 5th day (exclusive)

before the day of departure: 90% of the travel sum;

- in the case of cancellation from the fifth day (inclusive) until the day of departure:

100% of the travel sum;

- in the case of cancellation on the day of departure or later: the full travel sum.

2. Different cancellation fee

a. In the case of accommodation-only contracts to lodging units such as bungalows,

apartments, static caravans and campsite pitches, the following cancellation fees will be owed in addition to any reservation costs:

- in the case of cancellation up to the 57th day (exclusive) before the day of departure: the deposit;

- in the case of cancellation from the 57th day (inclusive) to the 29th day (exclusive) before the day of departure: 50% of the travel sum;

- in the case of cancellation from the 29th day (inclusive) to the 21th day (exclusive) before the day of departure: 65% of the travel sum;

- in the case of cancellation from the 21st day (inclusive) to the 14th day (exclusive) before the day of departure: 80% of the travel sum;

- in the case of cancellation from the 14th day (inclusive) to the 5th day (exclusive)  before the day of departure: 90% of the travel sum;

- in the case of cancellation from the 5th (inclusive) of departure or later: the full travel sum.

b. If a travel package is made up of various elements to which different cancellation provisions are applicable, the provisions specific to each element will be applicable.

c. Organisers of cruises, scheduled flight travel packages, tours, adventure travel packages and travel packages outside Europe and the Mediterranean Countries can deviate from the provision in paragraph 1. They will make this known to the traveler in advance.

d. If transport takes place by scheduled flights, or special services are offered, such as camper rental, rental of motorboats or yachts, car rental, visits to national parks, including amusement parks, or visits to cultural or sporting events, different cancellation provisions can apply to such transport or special services. These will be made known to the traveller in advance.

3. Partial cancellation

a. If a traveler in a party cancels his/her share of a contract for a joint stay in a hotel, apartment, holiday home or other accommodation, he/she will owe a cancellation fee.

b. If the size of the remaining group is listed in the price table for the accommodation, the travel organizer will make an amendment proposal to the remaining traveler(s) which is suitable to the new group size, for the same period and in the same accommodation.

c. The travel sum will be amended for the traveler(s) referred to in point b. in accordance with the price table. The normal payment rules of Article 6 will apply to the amended travel sum.

d. If the amendment offer is not possible or is not accepted, the contract will be cancelled for all the travelers, and all the travelers will owe a cancellation fee.

e. The total amount of the cancellation fee and amended travel sum can never exceed the total travel sum of the original travelers. Any excess will be deducted from the new travel sum.

4. Lower loss

The traveler cancelling the travel package is required to pay the cancellation fee in accordance with the provisions in the previous paragraphs, unless he/she can show, giving reasons, why the loss of the travel organizer is lower. In such cases, the travel organizer will charge this lower loss. The term loss refers to loss suffered and loss of profits.

5. No fee in the case of restricted cover/payout eligibility situation

Travel packages to an area for which a “Dekkingsbeperking” (cover restriction) is applicable as determined by the Calamity Committee of the Calamity Fund, or an “Uitkeringsvatbare situatie” (payout eligibility situation ), can be cancelled by the traveler as of 30 days before departure at no cost, and if possible and desired, can be rebooked.

6. Outside office hours

Cancellations made outside office hours are deemed to have taken place on the next working day.

7. Substitution

In the event that no cancellation takes place, but the traveler chooses substitution, Article 11 is applicable.

Article 13 Cancellation by the travel organizer

1. The travel organizer is entitled to terminate the contract due to exceptional circumstances.

2. The term exceptional circumstances is deemed to mean circumstances which are of such a nature that it cannot reasonably be expected of the travel organizer that it remains bound by the contract.

3. An exceptional circumstance for the travel organizer is deemed to exist in any event if a “Dekkingsbeperking” (cover restriction) or a “Uitkeringsvatbare situatie” (payout eligibility situation) as determined by the Calamity Committee of the Calamity Fund,) is applicable before the date of departure, for the area in question.

4. a. If the cause of the cancellation can be attributed to the traveler, the loss arising from this will be borne by the traveler.

b. If the cause of the cancellation can be attributed to the travel organizer, the loss arising from this will be borne by the travel organizer. Whether this is the case is determined on the basis of Article 15.

c. If the cause of the termination cannot be attributed to either the traveler or the travel organizer, each of the parties will bear their own loss as stated in Article 16.

5. If the travel organizer saves money as a result of the termination, the traveler is entitled to his/her share of the amount of this saving.

Article 14 Changes instigated by the travel organizer

1. a. The travel organizer is entitled to change the agreed service provision due to exceptional circumstances as described in greater detail in Article 13 paragraph 2. The travel organizer will notify the traveler of changes within three calendar days of being notified of the change. As of 10 days before departure (in the case of accommodation-only contracts: before the date of arrival at the first booked accommodation) the travel organizer will notify the traveler within one calendar day.

b. If the change pertains to one or more essential points, the traveler can reject the change(s).

c. If the change pertains to one or more essential points, the traveler can only reject the change if the change does not cause a disadvantage to the traveler which is more than of slight significance.

d. If the travel organizer saves money as a result of the change, the traveler is entitled to his/her share of the amount of this saving.

2. a. In the event of a change, the travel organizer will make the traveler an alternative offer, if possible. The travel organizer will do this within three calendar days of being notified of the change. As of 10 days before departure (in the case of accommodation-only contracts: before the date of arrival at the first booked accommodation) a period of one calendar day applies for this.

b. The alternative offer must be at least equivalent. The equivalence of alternative accommodation must be evaluated on the basis of objective standards and must be determined according to the following circumstances which must be apparent from the replacement offer:

- the sitting of the accommodation in the destination location;

- the nature and class of the accommodation;

- the other facilities which the accommodation offers.

The evaluation referred to above must take into account:

- the composition of the party;

- the special characteristics or circumstances of the traveler(s) involved, deemed by the traveler(s) to be of essential importance, made known to the travel organizer and confirmed by the travel organizer in writing;

- the deviations from or additions to the programme requested by the traveler, which have been confirmed by the travel organizer in writing.

3. a. A traveler who makes use of his/her right to reject the change or alternative offer pursuant to the previous paragraphs must make this known within three calendar days of receipt of the notice on the change or of the alternative offer. As of 10 days before departure, a period of one calendar day is applicable to this.

b. If the traveler rejects the change of the alternative offer, the travel organizer is entitled to terminate the contract with immediate effect. The traveler must make use of this right within three calendar days of receipt of the change, on penalty of forfeiture. As of 10 days before departure (in the case of accommodation-only contracts: before the date of arrival at the first booked accommodation) a period of one calendar day applies for this. In such cases, the traveler is entitled to a waiver of the travel sum or reimbursement of the travel sum (or, if the travel package has already been partially taken, to reimbursement of a proportionate part thereof) within two weeks, without prejudice to any right the traveler may have to compensation for loss as referred to in paragraph 5.

4. If the period referred to in paragraphs 1, 2 and 3 of this article ends on a Sunday or a public holiday, the period will be extended to 12 noon on the next working day.

5. a. If the cause of the change can be attributed to the travel organizer, the loss of the traveler arising from this will be borne by the travel organizer. Whether this is the case is determined on the basis of Article 15.

b. If the cause of the change can be attributed to the traveler, the loss arising from this will be borne by the traveler.

c. If the cause of the change cannot be attributed to either the traveler or the travel organizer, each of the parties will bear their own loss as stated in Article 16.

6. If a significant portion of the services to which the contract pertains cannot be provided after the commencement of an agreed travel package, the travel organizer will ensure that suitable alternative arrangements are made with a view to continuation of the journey. (For the costs of this, see Article 16). If such arrangements are not possible, the travel organizer will provide the traveler(s) with an equivalent means of transport, if necessary, which will bring him/her to the departure location or another return location agreed with the traveler(s). (For the costs of this, see Article 16.)

7. Without prejudice to the provisions in Article 18 paragraph 4, the travel organizer is required to notify the traveler(s) of a change to the departure time implemented by the travel organizer. With regard to the return journey, this obligation does not apply to travelers who have only booked transport and/or whose accommodation address is unknown.

Article 15 Liability and force majeure

1. Without prejudice to the provisions in Articles 13 and 14, the travel organizer is required to enforce the contract in accordance with the expectations which the traveler would reasonably have on the grounds of the contract.

2. If the travel package fails to meet the expectations referred to in paragraph 1, the traveler is required to notify the parties involved as quickly as possible, as referred to in Article 19 paragraph 1.

3. If the travel package fails to meet the expectations referred to in paragraph 1, the travel organizer is required to reimburse the traveler for any loss, without prejudice to the provisions in Article 16, 17 and 18, unless the failure in the performance is not attributable to the travel organizer or to the person assisting him in the fulfillment of the contract, because:

a. the failure in the performance of the contract is attributable to the traveler; or

b. the failure in the performance of the contract could not be foreseen or could not be neutralized and is attributable to a third party who was not involved in the provision of the services included in the travel package; or

c. the failure in the performance of the contract is caused by an event which could not be foreseen or rectified, despite exercising all due care, by the travel organizer or by the person assisting with the fulfillment of the contract; or

d. the failure in the performance of the contract is caused by force majeure as referred to in paragraph 5 of this article.

4. Contrary to paragraph 3, if a cruise is part of the contract and the traveler is unable to reach the port of departure, or unable to reach it in time, as a result of the flight to the port of departure being unable to leave due to extreme weather conditions and/or government measures which make the flight impossible, this will be at the risk of the traveler. This is on condition that the traveler has been informed of this risk and its insurability by or on behalf of the travel organizer prior to the booking. In such cases, the traveler continues to owe the full travel sum, after deduction of the costs of the air

transport.

5. The term force majeure is deemed to include abnormal and unforeseen conditions which are independent of the will of the person invoking it, and the consequences of which could not be avoided, despite all precautionary measures.

 Article 16 Help and assistance

1. a. Depending on the circumstances, the travel organizer is required to provide the traveler with help and assistance if the travel package does not meet the expectations which the traveler could reasonably have on the grounds of the contract. The costs arising from this shall be borne by the travel organizer if the failure in the performance of the contract is attributable to the travel organizer in accordance with Article 15 paragraph 3.

b. In the event that the cause is attributable to the traveler, the travel organizer is only required to provide help and assistance inasmuch as this can reasonably be expected of it. In such cases, the costs will be borne by the traveler.

2. In the event that the travel package does not meet the expectations which the traveler could reasonably have had as a result of circumstances which are attributable to neither the traveler nor the travel organizer, each party will bear its own loss. For the travel organizer, this will include extra manpower; for the traveler this will include additional accommodation and repatriation costs.

Article 17 Exclusions and restrictions to liability of travel organizer

1. a. In the event that a service included in the travel package is subject to a Convention, bye-law or law which awards or permits an exclusion or limitation of liability on the part of the service provider, the liability of the travel organizer is also accordingly excluded or limited.

b. The travel organizer is also not liable if and inasmuch as the traveler is able to recover his/her loss under an insurance policy, such as a travel insurance and/or cancellation cost insurance policy.

2. In the event that the travel organizer is liable vis-à-vis the traveler for loss of travel enjoyment, the payment will be a maximum of one time the travel sum.

3. Without prejudice to the provision in the previous paragraphs of this article, the liability of the travel organizer for loss other than that caused by the death of or injury to the traveler is limited to a maximum of three times the travel sum, except in cases of intent or gross negligence on the part of the travel organizer. In such cases, the travel organizer’s liability is unlimited.

4. The exclusions and/or limitations of liability of the travel organizer contained in this article also apply to employees of the travel organizer, the booking office and the service providers involved, as well as their staff, unless a Convention, bye-law or law excludes this.

Article 18 Obligations of the traveler

1. The traveler(s) is/are required to comply with all instructions of the travel organizer in the context of promoting a good fulfillment of the travel package and is/are liable for loss caused by his/her/their unauthorized behavior, to be evaluated according to the standard of the behavior of a properly behaved traveler.

2. a. The traveler who causes or could cause hindrance or nuisance to such an extent that a good fulfillment of a travel package is or could be greatly impeded may be excluded from the travel package or the rest of the travel package by the travel organizer, if it cannot reasonably be required of the travel organizer to fulfill the contract.

b. All costs arising from a situation as described in paragraph 2 item a will be borne by the traveler, if and inasmuch as the consequences of hindrance or nuisance can be attributed to the traveler. If and inasmuch as the cause of the exclusion cannot be attributed to the traveler, he/she will be reimbursed the travel sum or part thereof.

3. The traveler is required to avoid or limit any loss as much as possible, in particular by complying with his/her reporting obligation as described in greater detail in Article 19 paragraph 1.

4. Each traveler must ascertain the exact time of departure for the return journey from the travel package representative or the local agent of the travel organizer no later than 24 hours before the stated time of departure.

Article 19 Complaints during the travel

1. A failure in the performance of the contract as referred to in article 15 paragraph 2 must be notified as quickly as possible on site, so that a solution can be sought. In this context, the traveler must report – in the following sequence – to: the service provider in question, the local travel organizer representative or, if he/she is not present or available, the travel organizer. In the event that the shortcoming is not removed, and negatively affects the quality of the travel package, this must in any event be notified immediately to the travel organizer in the Netherlands.

2. If a failure is not resolved satisfactorily on site, the travel organizer will ensure that there is an adequate possibility to record a complaint in writing in the prescribed manner (complaint report).

3. The travel organizer will ensure that there is information in the travel documents regarding the procedure to be followed on site, the contact details and availability of the persons in question.

4. The communication costs will be reimbursed by the travel organizer, unless it becomes clear that these did not reasonably need to be incurred.

5. In the event that the traveler has not complied with the obligation to communicate a complaint or complete a complaint report, and as a result the service provider or travel organizer have not been given the opportunity to remedy the failure, any entitlement to compensation for loss may be limited or excluded.

AFTER THE TRAVEL PACKAGE

Article 20 Complaints after the travel package

1. If a complaint has not been resolved satisfactorily, it must be submitted in writing, giving details, to the travel organizer or the booking office within one month of the end of the travel package (or the service used), or after the original date of departure if the travel package has not gone ahead. The traveler must enclose a copy of the complaint report with this.

2. If the complaint relates to the realization of a contract, it must be submitted within one month of the traveler taking cognizance of the facts to which the complaint relates.

3. In the event that the traveler does not submit the complaint in good time, it will not be processed by the travel organizer, unless the traveler cannot reasonably be blamed for this. The travel organizer will notify the traveler in this respect in writing or electronically.

4. The travel organizer will issue a written response no later than one month after receipt of the complaint.

Article 21 Disputes

1. a. If a complaint is not resolved satisfactorily in good time or if no satisfactory resolution is provided, the traveler can, if he/she wishes, bring the dispute before the Geschillencommissie Reizen (Travel Disputes Committee), Postbus 90600, 2509 LP, Den Haag (www.sgc.nl) no later than three months after the written response referred to in Article 20 paragraph 4. The Commission only deals with complaints from natural persons not acting in the performance of a profession or operation of a business.

b. The Disputes Committee issues rulings subject to the conditions set down in the appropriate regulations. The decision of the Disputes Committee is in the form of an advice binding upon the parties. The handling of a dispute is subject to a fee.

2. a. Dutch law is applicable to the contracts entered into, amended or supplemented on the basis of these Travel Terms and Conditions, unless another country's law is applicable under mandatory rules.

b. A traveler who does not wish to make use of the binding advice procedure referred to in the previous paragraph is entitled to put the case before the competent court. Dutch courts are competent to hear such disputes, to the exclusion of courts in all other countries, unless another country's courts are competent under mandatory rules.

c. All rights of claim will lapse one year after the end of the travel package (or, if the travel package did not take place, one year after the original date of departure). Claims relating to injury expire one year after the end of the travel package (or, if the travel package did not take place, one year after the original date of departure). The parties are bound by the periods referred to in this paragraph

unless it is unacceptable on the grounds of reasonableness and fairness that the travel organizer invokes these periods.

Article 22 Compliance guarantee

1. The ANVR guarantees compliance with the binding advice of the Travel Disputes Committee by its members, unless the member brings the binding advice before the court for reversal within two months of the recommendation being sent. This guarantee will be restored if the binding advice is upheld by the court, and the judgment stating this becomes final.

2. The guarantee by the ANVR is limited to €10,000 per binding advice. The ANVR issues this guarantee subject to the condition that a consumer invoking this guarantee transfer (cede) his/her claim on the grounds of the binding advice up to a maximum of the amount paid to the ANVR at the same time as his/her invocation of compliance guarantee is honored. With regard to any amount in excess of this, the ANVR offers the consumer the possibility also to transfer his/her claim to the ANVR, unless the ANVR is of the opinion that the collection procedure from the member has no chance of success, or that the member offers insufficient recovery possibilities, or that the costs of such a procedure are estimated by the ANVR as being too high in relation to the possible result.

3. The ANVR will not provide any compliance guarantee if one of the following situations occurs before the dispute has been heard by the Travel Disputes Committee and a final judgment has been pronounced:

- the member has been granted suspension of payment; or

- the member has been declared bankrupt; or

- the business activities of the member have effectively been terminated. The latter situation is determined by the date on which the business termination is registered in the Trade Register, or by an earlier date on which the ANVR can plausibly show that the business activities were effectively terminated.

4. Application of the compliance guarantee is subject to the requirement that the traveler invokes it in writing to the ANVR (www.anvr.nl).

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