We are a member of VvKR, association for small travel organisations. VvKR are representing the interests of small, often specialised travel organisations. Through VvKR we are bundling our forces and sharing our expertise in order to maximise the highest amount of security and satisfaction for travel organisation and consumer.
These conditions are applicable:
- By the sales of a trip, consisting of transport, residence or other services.
- By the sales of one or more services, consisting of transport, accommodation or other services.
MUTUAL OBLIGATIONS REGARDING THE PROVIDING OF INFORMATION
a. Regarding the booking, the traveller has to provide all information that’s being asked by the travel organisation and/or travel agent. If the traveller provides false information, and this causes extra costs for the travel organisation and/or travel agent, these costs may be charged to the traveller.
b. Before signing the travel agreement, the traveller has to receive the following information through travel organisation and/or travel agent, in written or any other form, so the traveller can take care of the necessary documents and formalities:
- general information about the necessary passports and visa, and specifically the terms on which to achieve these;
- the medical necessities for travel and accommodation; information about this you can also find at the local GG&GD office.
- the fact wether an insurance is or is not included in the price, or can be purchased by the traveller to cover costs of cancellation or costs of repatriation in the case of accidents or diseases, and if so, what are the general conditions of this insurance.
- Travellers who have a non-dutch nationality are advised to inform at competent instancies to which formalities they have to cope with.
c. The traveller has to receive the following information from the travel organisation and/or the travel agent, in written or any other form, timely before the planned date of departure:
- all necessary information about the route.
THE CLOSING OF THE TRAVEL AGREEMENT
The invoice that will be made after booking, counts as proof of the conditions of the travel agreement. If the booked trip is advertised in a brochure or on the website of the travel organiser, the information in this brochure will be part of the travel agreement.
The invoice may only deviate from the travel brochure, if these changes have been communicated clearly to the traveller before the signing of the booking form and/or if both parties agree to the changes in the travel agreement after the closing of it. Only these general conditions are applicable on the travel agreement.
The definitive travel confirmation will be final when the booking will be confirmed to the traveller by the travel organisation and/or the travel agent.
If the content of the booking form – invoice deviates from the travel confirmation, or if the confirmation is not communicated to the traveller within 21 days or within the agreed terms after the signing of the booking form – invoice, the traveller may conclude the travel has not been booked, and has the right of immediate refund of all made payments.
The calculation of the price is based on rates and exchange rates for the accommodation and other services abroad, as these are mentioned clearly in the travel proposition.
The agreed price is fixed and all obligatory services (see travel proposition) are included, without prejudice of material mistakes or review of the price in circumstances as described below.
If a review of costs has taken place and travel costs, including fuel, charges and taxes, due to specific services or the exchange rates applicable to the travel, the price can be revised up or down.
If the just described revision leads to a price reduction, the revision only takes place if the costs are not disproportional to the price reduction.
If the just described revision leads to a price increase of more than 10%, the traveller may remit the travel agreement, without compensation. He then only has the right of refund of al paid amounts, except for the amount of the invoice (or advance payment) as agreed by the confirmation of the trip.
CANCELLATION BY THE TRAVELLER
The traveller can always cancel the agreement entirely or partially, provided that he compensates the travel organisation and/or the travel agent. In case of cancellation by the traveller, the traveller is due the following amounts:
Until 90 days before departure: 30% of the price, with a minimum of € 200,- (or the amount of the advance payment, as agreed).
90 to 60 days before departure: 50% of the total price;
60 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
REPLACEMENT AND OTHER CHANGES BY THE TRAVELLER
For the excecution of the travel agreement, the traveller can be replaced by a other person, provided that this person meets to the specific requirements for the travel and accommodation, and provided that the traveller pays the travel organisation and/or travel agent for all costs being caused by this. The initial traveller and the replacement are individually responsible to travel organisation and/or travel agent for all costs cased by replacing and for the balance of the travel.
If the traveller asks for another change (date of departure or return, destination, hotel, …), than the travel organisation and/or travel agent may charge all costs being caused by this.
SETTLEMENT OF THE AIRLINE TICKET
The traveller has to take care himself for an airline ticket to the destination. The travel organisation advises the traveller to take out an insurance for travel and cancellation. Also the travel organisation advises to purchase the airline ticket only after the confirmation that the travel will take place. The travel organisation takes no responsibility for early purchase of an airline ticket or not taking out of an insurance for cancellation.
CANCELLATION BY THE TRAVEL ORGANISATION
If the travel organisation cancels the travel before the agreed date of departure because of force majeur or because the amount of bookings is smaller than the required minimum and the traveller has been informed as fast as possible, the latest 15 days before the date of departure, the traveller has only right of immediate refund of all made payments.
The travel organisation has to communicate the cancellation as fast as possible to the traveller.
If the travel organisation and/or travel agent needs to change the travel agreement on an essential point such as the price, he needs to inform the traveller as soon as possible, so the traveler can decide if he/she wants to cancel the agreement without compensation or if he/she agrees to the suggested change of the agreement.
This proposal for change must be communicated in written form and must contain the changes in relation to the original agreement as well as the influence of it on the price. The proposed alternative has to be equal or of better quality. If it is of minor quality, the difference in price needs to be refunded to the traveller. In all these cases, the traveller has the right of compensation. The traveller has to communicate his/her decision as soon as possible to the travel organisation/travel agent.
If after departure of the traveller an important part of the services that are part of the agreement, are not being provided or if the travel organisation finds himself unable to provide an important part of these services, the travel organisation will take care for alternative arrangements so the traveller can proceed his/her travel without extra costs. In these cases he will compensate the traveller for the amount of difference between intended and realized services.
If these arrangements are nog possible or in case the traveller has good reasons to not accept the alternative arrangements, the travel organisation will in such case, take care of an equivalent way of transport so the traveller will be able to return to the place of departure or another agreed place, without extra costs for the traveller.
In such a case the traveller will be compensated for his/her costs.
Travel organisation and travel agent are responsible for the actions and omissions of his staff as well as for his own actions and omissions, unless he/she proves he has acted as a diligently travel organisation and/or travel agent.
Travel organisation and/or travel agent are responsible towards the travel for good execution of duties that are part of this travel agreement. It makes no difference wether these duties are being performed by himself or by other service providers. The travel organisation and/or travel agent can only be released from liability if he can prove he has acted as a diligently travel organisation and/or travel agent, for example in the choice of other service providers.
The travel organisation and/or travel agent is responsible for all damage cause to the traveller by not or bad performance of the travel agreement, except if:
- the shortcoming is on the side of the traveller;
- the shortcoming is due to a third party that is not involved by providing services as meant in the agreement and not could be foreseen or neutralized;
- the shortcoming is due to force majeur;
- the travel organisation and/or travel agent can prove he has acted as a diligently travel organiser and/or travel agent.
Except for a serious shortcoming of the traveller, the travel organisation and or travel agent has the duty to do his best to give support to a traveller that needs help. The costs to made for this, are for the part of the traveller, if it is he or she who has come short.
LIABLITY OF THE TRAVELLER
The traveller is responsible for damage to the travel organisation and/or travel agent, their staff or their representatives, as well when he/she does not perform his/her contractual duties. The mistake will be judged by normal behaviour of the traveller.
SETTLEMENT OF COMPLAINTS
Complaints before the performance of the travel agreement, must be communicated by the traveller in written form to the travel organisation.
Complaints during the performance of the travel agreement, must be communicated on the spot and in appropriate way showing proof, so a solution can be found. For this he/she must communicate – in this order – to the representative of the travel organisation, or a representative of the travel agency, or directly to the travel organiser.
If a complaint cannot be solved to the satisfaction of the traveller, or if a traveller cannot formulate a complaint on the spot, he/she must write a complaint to the travel organiser and/or travel agency the latest 4 weeks after the travel agreement; or the complaint will not be valid and acceptable.