Terms & conditions
By booking a trip with Boekingskantoor Siroco you are guaranteed of the general terms and conditions as applied by the ANVR. ANVR stands for General Dutch Association of Travel Companies, and it’s objective is to ensure that forces are joined within the industry in order to create a good and high-quality product together. Below we have listed the general terms and conditions.
Introduction
Article 1 – Preliminary Provisions
1. In these travel terms and conditions, the following definitions apply:
Tour operator: the person who, in the course of his business, offers pre-organized trips to the public or to a group of people in his own name. Traveler:
a. the other party of the tour operator
b. the person for whose benefit the trip has been stipulated and who has accepted that stipulation
c. the person to whom the legal relationship with the tour operator has been transferred in accordance with Article 11 of these conditions.
2. Travel agreement: the agreement in which a travel organizer undertakes towards its counterparty to provide a pre-organized trip offered by it that includes an overnight stay or a period of more than 24 hours, as well as at least two of the following services:
a. transport
b. residence
c. another tourist service not related to transport or accommodation, which forms a significant part of the journey.
3. Own transport trips: trips where the traveler only reserves holiday accommodation and organizes the transport himself. Booking office: the company that mediates between the traveler and the tour operator when concluding the travel agreement. Working days: the days Monday to Saturday, excluding legally recognized holidays. Office hours: Monday to Friday from 9:00 AM to 5:00 PM.
4. These travel conditions apply to all travel agreements. The tour operator can stipulate that these travel conditions also apply to agreements relating to other travel, including private transport trips and shuttle trips by bus, provided this is stated in the publication.
5. The term “Europe and the Mediterranean Countries” means: the European continent, including the Spanish (Canary) Islands and Portuguese (Madeira, Azores) Islands, respectively. all countries in Asia and Africa bordering the Mediterranean Sea.
Before booking the trip
Article 2 – Information from the tour operator
1. At the latest when the agreement is concluded, general information related to the Dutch nationality regarding passports, visas and any health formalities will be provided to the traveler by or on behalf of the tour operator. The traveler is responsible for obtaining the necessary additional information from the relevant authorities and also to check in good time before departure whether the information previously obtained has not been changed in the meantime.
2. The traveler will be provided with information about the possibility of taking out cancellation insurance and travel insurance by or on behalf of the travel organizer. The travel organizer may attach the condition to the conclusion of a travel agreement that the traveler takes out travel insurance and may also require proof of such insurance. The tour operator clearly states such a condition in the offer.
3. The tour operator bears no responsibility for general information in photos, folders, advertisements, websites and other information carriers, insofar as these have been drawn up or published under the responsibility of third parties.
4. In the case of air transport, the identity of the operating airline will be disclosed to the traveler as soon as it is known to the travel organizer, if possible at the time of booking and at the latest when the travel documents are provided.
Article 3 – Information by the traveler
1. Before or at the latest when the agreement is concluded, the traveler provides the booking office or the travel organizer with all information about himself and the travelers registered by him that may be important for the conclusion or implementation of the agreement. This includes, if available, his mobile phone number and email address.
2. In particular, the traveler must provide information about himself and the travelers registered by him with regard to his/their physical and/or mental condition (including the use of alcohol, drugs or medicines) if that physical and/or mental condition can lead to to possible inconvenience, danger or risks for the traveler or other travelers (passengers and/or crew) or belongings of third parties. The traveler is aware that the carrier (for example the captain of an aircraft) can deny him the right to onward transport if the information turns out to be incorrect or is not provided. Information should also be provided regarding reduced mobility, as well as the need to accompany minors and disabled travellers, pregnant women, the sick and other fellow travellers. The traveler is aware that the carrier reserves the right to demand a medical certificate with regard to certain medical conditions and to deny the traveler the right to (further) transport in the absence of this declaration.
3. The traveler also mentions details that may be important for the proper execution of the trip by the travel organizer regarding the quality or composition of the group of travelers registered by him.
4. If the traveler fails in his obligation to provide information and this has the consequence that this traveler(s) is (are) excluded by the tour operator from (further) participation in the trip in accordance with the provisions of Article 18 paragraph 2, the costs referred to in that Article will be charged to him.
Article 4 – Essences
1. Deviations from or additions to the trip offered by the tour operator may be required on medical grounds (medical essentials). The tour operator will make a real effort to comply with this, unless this cannot reasonably be expected of him. Medical essentials require the express written consent of the tour operator.
2. In the case of a medical essential, the travel organizer has the right to charge a reasonable amount per booking for organizational costs, communication costs and any additional costs charged by the service providers involved in the execution of the trip. Possible costs regarding medical essentials can only be charged if the traveler and the tour organizer agree.
3. The travel organizer will only process an essential request on other than medical grounds (other essentials) if this has a reasonable chance of success. In that case, he has the right to charge a reasonable amount for this, namely the organizational costs associated with the request, communication costs and any additional costs charged by the service providers involved in the execution of the trip. These requests also require the express written consent of the tour operator.
4. The amount of the reimbursements referred to in this article will be stated in the travel organizer’s offer.
Booking the trip (content and recording)
Article 5 – Conclusion and content of the agreement (offer and acceptance)
1. The agreement is concluded by the traveler’s acceptance of the travel organizer’s offer, including the applicable conditions. The acceptance can take place either directly or through the mediation of a booking agency. After the agreement has been concluded, the traveler will receive confirmation of this in writing or electronically as soon as possible, possibly in the form of an invoice.
2. When booking via the internet, the travel organizer organizes the booking process in such a way that the traveler is informed before acceptance that he is entering into an agreement and which conditions apply. By confirming the booking by the tour operator, the traveler is bound by this agreement.
3. The offer of the tour operator is without obligation and can be revoked if necessary. Revocation due to correction of errors in the calculation of the travel sum or other errors is permitted. The withdrawal must be made as soon as possible, but before 4 p.m. the next working day (travel to Europe and the Mediterranean countries) resp. before 12:00 the second working day (travel to other destinations) after the day of acceptance, stating the reasons. In that case, the traveler is entitled to an immediate refund of any monies paid.
4. Obvious errors and obvious mistakes are not binding on the tour operator. Such errors and mistakes are errors and mistakes that – from the perspective of the average traveler – are or should be known as such at first glance.
5. The tour operator has the right to cancel the agreement with immediate effect if the number of registrations is less than the required minimum number. He clearly states the notice period and the required minimum number of registrations in the offer. The cancellation must be made in writing within the term stated in the offer. Articles 13 and 15 do not apply.
6. Applicant:
a. The person who enters into an agreement on behalf of or on behalf of another person (the applicant) is jointly and severally liable for all obligations arising from the agreement.
b. All traffic (including payment transactions) between the traveler(s) on the one hand and the travel organization and/or the booking office on the other hand is conducted exclusively via the applicant.
c. The (other) traveler(s) is (are) liable for his (their) own part in the agreement.
7. If the agreed trip is included in a publication of the tour operator, the information contained therein also forms part of the agreement.
8. If the travel organizer has included general reservations in the general part of the program and these are in conflict with the travel conditions, the most favorable provisions for the traveler will apply.
9. For transport components of the trip, departure and arrival times will be stated in the travel documents. These times are final. The tour operator can only deviate from this within reasonable limits and only if it cannot reasonably be expected to maintain these times. In that case, Articles 14 and 15 do not apply.
10. The tour operator may deviate from the percentages referred to in Articles 6 and 12, but only if the deviating percentages have been announced in advance in the publication and/or offer and strengthen the traveler’s position. This is without prejudice to the permitted deviations as referred to in art. 6 paragraph 1 and art. 12 paragraph 2.
Article 6 – Payment, interest and collection costs
1. a. When the agreement is concluded, a deposit of 15% of the total agreed travel sum must be paid. Organizers of cruises, scheduled trips, round trips (including motorhome rental), adventure trips, private transport trips for the rental of motor boats or sailing yachts, resp. travel involving visits to national parks including “amusement parks” or visits to cultural or sporting events, and travel outside Europe and the Mediterranean countries may deviate from this. They will make this clear to the traveler in advance.
b. In the case of private transport trips to hotels, the deposit is 20% of the travel sum.
c. In the case of private transport trips to accommodation units such as bungalows, apartments, mobile homes, camping 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 private transport trips, before the arrival date of the first booked stay). In the event of late payment, the traveler is in default. He will be informed of this in writing by or on behalf of the travel organizer and will then still have the option to pay the amount still due within 7 working days. If payment is still not forthcoming, the agreement will be deemed to have been canceled on the day of default. The tour operator has the right to charge the cancellation costs owed for this. In that case, the provisions of Article 12 apply and the monies already paid will be settled with the cancellation fees.
3. If the agreement is concluded within 6 weeks before the day of departure, the entire travel sum must be paid immediately.
4. A traveler who has not fulfilled a financial obligation towards the tour operator in time, will owe statutory interest on the amount still due. He is also obliged to reimburse extrajudicial costs reasonably incurred by the tour operator.
Article 7 – Travel sum
1. The published travel sum applies per person, unless indicated otherwise. This includes the services and facilities stated in the publication, whether or not specified in various cost elements, including the unavoidable additional costs known at the time of publication that the traveler must pay for the services offered. Unavoidable additional costs are understood to mean costs that are inextricably linked to the service offered. This does not include the costs of additional services provided at the request of the traveler by the tour operator or by third parties, such as insurance premiums, as well as costs that are levied when booking per travel group and vary according to the size of the travel group, and reservation costs that vary per sales channel. may vary.
2. The published travel sum is based on the prices, levies and taxes, as these were known to the travel organizer at the time of publication.
Period after booking up to and including the execution of the trip
Article 8 – Change travel sum
1. The tour operator has the right to increase the travel sum up to 20 days before the day of departure (for own transport trips before the arrival date of the first booked stay) in connection with changes in the transport costs (including fuel costs), the taxes and duties. The travel organizer will indicate how the increase has been calculated. Said changes will also lead to a reduction of the travel sum, unless this cannot reasonably be required of the travel organizer in view of the associated costs. The travel organizer will indicate to the traveler how the reduction has been calculated. If the travel sum has been paid on time, the term within which the travel sum may no longer be increased is six weeks instead of 20 days before departure.
a. Contrary to the provisions of paragraph 1, the tour operator will not change the fare of charter flights within Europe and to the Mediterranean countries after the travel agreement has been concluded.
b. Notwithstanding the provisions of sub a. and only in the event of unforeseeable increases in taxes or levies due, or extreme increases in transport costs, the tour operator can increase the travel sum up to 20 days before the day of departure. ANVR and the Consumers’ Association jointly determine whether such a situation exists. If no agreement is reached on this, an independent third party to be appointed in joint consultation will be asked to make a binding decision on this.
c. In the event of an announced price increase in air transport costs, the traveler can ask the tour operator whether he may already pay these costs to the tour operator in order to prevent the price increase. If this request can be granted, these costs have been paid in full and the ticket has been issued, the tour operator will no longer change the air transport costs part of the travel sum. In those cases, the cancellation costs of Article 12 are at least increased by the air transport costs paid.
d. The traveler has the right to reject an increase in the travel sum as referred to in paragraphs 1 and 2. He must – on pain of forfeiture – make use of this right within 3 working days of receipt of the notification of the increase.
e. If the traveler rejects the increase, the tour operator has the right to cancel the agreement. He must – on pain of forfeiture – make use of this right within 7 working days after receipt by the traveler of the notification about the increase. In that case, the traveler is entitled to remission or immediate refund of monies already paid. Articles 13, 14 and 15 do not apply.
Article 9 – Travel documents and required travel document traveler
1. The travel organizer will provide the traveler with the necessary travel documents no later than 10 days before the day of departure (in the case of self-transport trips: before the arrival date of the first booked stay), unless this cannot reasonably be required of the travel organizer.
2. If the traveler has not received travel documents at the latest 5 working days before departure, he must report this immediately to the travel organizer or the booking office.
3. In the event that a trip is booked within 10 days before the day of departure (for own transport trips: before the arrival date of the first booked stay), the tour operator or the booking office will indicate when and how the necessary travel documents are in the possession of the traveler. If the traveler has not received these accordingly, he/she will immediately report this to the tour operator or the booking office.
4. The traveler is responsible for carrying the necessary documents, such as a valid passport or, where permitted, an identity card and any required visas, proof of inoculations and vaccinations, driving license and green card. If the traveler is unable to make the trip (entirely) due to the absence of any (valid) document, this will be for his account with all associated consequences, unless the tour operator has promised to provide that document and the lack thereof can be attributed to him. imputed, or if the tour operator has failed in its obligation to provide information under Article 2 paragraph 1.
Article 10 – Changes by the traveler
1. After the agreement has been concluded, the traveler can request changes to it. This is subject to the condition that the traveler pays the changed travel sum after deduction of the monies already paid. In addition, he is obliged to pay an amount for change costs per booking and any communication costs stated in the offer. The request will be decided as soon as possible. These changes will be made as far as possible up to 28 days before departure and in that case will be confirmed in writing by the tour operator.
2. Rejection of the changes desired by the traveler will be motivated by the travel organizer and the traveler will be notified without delay. The traveler can maintain or cancel the original agreement. In the latter case, Article 12 applies. In the absence of a response from the traveler to the rejection of his request, the original agreement will be executed.
3. A change in the departure date or a reduction in the number of paying passengers is considered a (partial) cancellation to which Article 12 applies. In that case, no change or communication costs are due.
Article 11 – Substitute
1. The traveler can be replaced by another person in good time before the start of the trip. The following conditions apply for this:
– the other complies with all conditions attached to the agreement;
– the request is submitted no later than 7 days before departure, or so in time that the necessary actions and formalities can still be performed;
– the conditions of the service providers involved in the implementation do not oppose this substitution;
– the applicant, the traveler and the person who replaces him/her are jointly and severally liable towards the tour operator for the payment of the part of the travel sum still owed, the amendment and communication costs referred to in Article 10 paragraph 1 and any additional costs as a result of the replacement.
Article 12 – Cancellation by the traveler
Standard cancellation costs
1. If an agreement is cancelled, the travel organizer can charge the traveler the following cancellation costs in addition to any reservation costs owed:
– in case of cancellation up to the 42nd day (exclusive) before the day of departure: the deposit;
– in case of cancellation from the 42nd day (inclusive) to the 28th day (exclusive) before the day of departure: 35% of the travel sum;
– in case of cancellation from the 28th day (inclusive) to the 21st day (exclusive) before the day of departure: 40% of the travel sum;
– in case of cancellation from the 21st day (inclusive) to the 14th day (exclusive) before the day of departure: 50% of the travel sum;
– in case of cancellation from the 14th day (inclusive) to the 5th day (exclusive) before the day of departure: 75% of the travel sum;
– in case of cancellation from the 5th day (inclusive) until the day of departure: 90% of the travel sum;
– in case of cancellation on the day of departure or later: the full travel sum.
Different cancellation costs
2. For private transport trips to accommodation units such as bungalows, apartments, mobile homes and camping pitches, the following cancellation costs are due in addition to any reservation costs owed:
– in case of cancellation up to the 42nd day (exclusive) before the day of departure: the deposit;
– in case of cancellation from the 42nd day (inclusive) to the 28th day (exclusive) before the day of departure: 60% of the travel sum;
– in case of cancellation from the 28th day (inclusive) until the day of departure: 90% of the travel sum;
– in case of cancellation on the day of departure or later: the full travel sum.
3. If a trip is composed of different parts, to which different cancellation provisions apply, the provisions specifically applicable to each part will apply.
4. Organizers of cruises, scheduled trips, round trips, adventure trips and trips outside Europe and the Mediterranean countries may deviate from the provisions of paragraph 1. They will inform the traveler of this in advance.
5. If the transport is carried out by regular service or if special services are offered such as motorhome rental, rental of motor boats or sailing yachts, car rental, visits to national parks including “amusement parks” or visits to cultural or sporting events, this transport or those special services different cancellation provisions apply. These are made known to the traveler in advance.
6. Part Cancellation:
– If a traveler from a travel group cancels his part in an agreement for a joint stay in a hotel, apartment, holiday home or other accommodation, he will owe cancellation costs.
– If the size of the remaining group appears in the price table for this accommodation, the tour operator will make a change proposal to the remaining traveler(s) appropriate to the new group size for the same period and in the same accommodation.
– For the sub b. the traveler(s) referred to, the travel sum will be changed in accordance with the price table. The normal payment rules of Article 6 will apply to the payment of the changed travel sum.
– If the change offer is not possible or is not accepted, the agreement will be canceled for all travelers and all travelers will owe a cancellation fee.
– The total amount of cancellation fee and changed travel sum will never exceed the total travel sum of the original travelers. Any surplus will be deducted from the new travel sum.
– Less damage The traveler who cancels the trip is obliged to pay the cancellation costs in accordance with the provisions of the previous paragraphs, unless he indicates with reasons why the damage suffered by the travel organizer was lower. In that case, the tour operator will charge this lower damage. Damage is understood to mean loss suffered and loss of profit.
– No costs in the event of a cover limitation/eligible situation. Travel to an area for which a coverage limitation or a situation that is eligible for payment applies, as determined by the Calamity Committee of the Calamity Fund, can be canceled free of charge by the traveler from 30 days before departure or, if possible and desired, rebooked.
– Outside office hours Cancellations outside office hours are deemed to have been made on the next working day.
– Substitution In the event that no cancellation takes place, but the traveler opts for substitution, Article 11 applies.
Article 13 – Cancellation by the tour operator
1. The tour operator has the right to cancel the agreement due to serious circumstances.
2. Weighty circumstances are understood to mean circumstances that are of such a nature that further binding of the tour operator to the agreement cannot reasonably be required.
3. An important circumstance for the tour operator is in any case present if, before the date of departure, a cover limitation has been set for that area by the Calamity Committee of the Calamity Fund, or a situation that is eligible for payment applies.
a. If the cause of the cancellation can be attributed to the traveler, the resulting damage will be borne by the traveler.
b. If the cause of the cancellation can be attributed to the tour operator, the resulting damage will be borne by the tour operator. Whether this is the case is determined on the basis of Article 15.
c. If the cause of the cancellation cannot be attributed to either the traveler or the travel organizer, the parties each bear their own damage as further elaborated in Article 16. 5. If the travel organizer saves money through the cancellation, the traveler is entitled to his share of the amount of that savings. Article 14 Changes by the travel organizer 1. a. The travel organizer has the right to change the agreed services due to serious circumstances as described in more detail in article 13 paragraph 2. The travel organizer will inform the traveler of changes within 3 calendar days after he has been informed of the change. has been notified. From 10 days before departure (in the case of private transport trips: before the arrival date of the first booked stay) he will communicate this within 1 calendar day.
d. If the change concerns one or more essential points, the traveler can reject the change(s).
e. If the change concerns one or more non-essential points, the traveler can only reject the change if the change causes him a disadvantage of more than minor significance.
f. If the travel organizer saves money as a result of the change, the traveler is entitled to the amount of that saving for his part.
g. In the event of a change, the tour operator will make an alternative offer to the traveler if possible. He does this within 3 calendar days after the travel organizer has been informed of the change. From 10 days before departure (for own transport trips: before the arrival date of the first booked stay), a period of 1 calendar day applies.
h. The alternative offer must be at least equivalent. The equivalence of alternative accommodation must be assessed according to objective standards and must be determined according to the following circumstances, which must be apparent from the alternative offer:
– the location of the accommodation in the place of destination;
– the nature and class of the accommodation;
– the facilities that the accommodation offers.
4. The assessment referred to here must take into account:
– the composition of the travel group;
– the special characteristics or circumstances of the traveler(s) concerned, disclosed to the travel organizer and confirmed by him in writing, which have been indicated by the traveler(s) as being of essential importance;
– the deviations from the program or additions to it required by the traveler, which have been confirmed in writing by the travel organizer.
a. The traveler who makes use of his right to reject the change or alternative offer pursuant to the previous paragraphs must make this known within 3 calendar days of receipt of the message about the change or of the alternative offer. From 10 days before departure, a period of 1 calendar day applies.
b. If the traveler rejects the change or the alternative offer, the tour operator has the right to cancel the agreement with immediate effect. He must – under penalty of forfeiture – make use of this right within 3 calendar days of receipt of the rejection by the traveler.
5. From 10 days before departure (for own transport trips: before the arrival date of the first booked stay), a period of 1 calendar day applies. In that case, the traveler is entitled to remission or refund of the travel sum (or, if the trip has already been partially enjoyed, to a refund of a proportional part thereof) within 2 weeks, without prejudice to any right to compensation as referred to in paragraph 5.
6. If a term from paragraphs 1, 2 and 3 of this article ends on a Sunday or public holiday, that term will be extended to 12:00 on the next working day.
a. If the cause of the change can be attributed to the tour operator, the resulting damage to the traveler will be borne by the tour operator. 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 resulting damage will be borne by the traveler.
c. If the cause of the change cannot be attributed to either the traveler or the tour operator, the parties each bear their own damage as further elaborated in Article 16.
d. If, after the start of the agreed trip, an important part of the services to which the agreement relates cannot be provided, the tour operator will ensure that suitable alternative arrangements are made with a view to continuing the trip. (See article 16 for the costs thereof.) If such arrangements are not possible, the tour operator will provide the traveler(s) with an equivalent means of transport, if necessary, that takes him/them back to the place of departure or another one with the traveler(s). ) agreed place of return. (See article 16 for the costs thereof.)
e. Without prejudice to the provisions of Article 18, paragraph 4, the travel organizer is obliged to inform the traveler(s) about a change in the departure time that he has made. With regard to the return journey, this obligation does not apply to travelers who have booked for transport only and/or whose residence address is unknown.
Article 15 – Liability and force majeure
1. Without prejudice to the provisions of Articles 13 and 14, the tour operator is obliged to implement the agreement in accordance with the expectations that the traveler may reasonably have on the basis of the agreement.
2. If the trip does not proceed in accordance with the expectations referred to in paragraph 1, the traveler is obliged to inform the parties involved as soon as possible as referred to in Article 19 paragraph 1.
3. If the trip does not proceed in accordance with the expectations referred to in paragraph 1, the tour operator is, without prejudice to the provisions of Articles 16, 17 and 18, obliged to compensate the traveler for any damage, unless the shortcoming in compliance is not attributable to the tour operator. neither attributable nor to the person whose assistance he makes use of in the execution of the agreement, because:
a. the shortcoming in the execution of the agreement is attributable to the traveler;
b. the shortcoming in the execution of the agreement could not be foreseen or could not be canceled and is attributable to a third party not involved in the delivery of the services included in the trip;
c. the shortcoming in the execution of the agreement is due to an event that the tour operator or the person whose assistance he uses in the execution of the agreement could not foresee or remedy, taking all possible care;
d. the shortcoming in the execution of the agreement is due to force majeure as referred to in paragraph 5 of this article.
4. If a cruise is part of the agreement and the traveler cannot reach the port of departure or cannot reach it in time because the flight to the port of departure cannot take place as a result of extreme weather conditions and/or government measures that make the flight impossible, this will not be the case. of paragraph 3 at the risk of the traveller. The condition is that the traveler has been informed of this risk and its insurability by or on behalf of the travel organizer prior to booking. In that case, the traveler remains liable for the full travel sum, after deduction of the costs of air transport.
5. Force majeure is understood to mean abnormal and unforeseeable circumstances that are independent of the will of the person who invokes them and the consequences of which could not be avoided despite all precautions.
Article 16 – Help and assistance
1. a. Depending on the circumstances, the tour operator is obliged to provide the traveler with help and assistance if the trip does not proceed in accordance with the expectations that the traveler could reasonably have under the agreement. The resulting costs are for the account of the tour operator, if the shortcoming in the execution of the agreement is attributable to him in accordance with Article 15 paragraph 3.
b. If the cause is attributable to the traveler, the travel organizer is only obliged to provide assistance and assistance insofar as this can reasonably be expected of him. In that case, the costs are for the account of the traveler.
2. If the trip does not proceed in accordance with the expectations that the traveler could reasonably have on the basis of the agreement due to circumstances that are neither attributable to the traveler nor to the tour operator, everyone will bear their own damage. For the tour operator, this consists of, among other things, the extra deployment of manpower; for the traveler, this includes extra accommodation and repatriation costs.
Article 17 – Exclusion and limitations of liability of the tour operator
1. a. In the event that a treaty, regulation or law applies to a service included in the trip that grants or permits an exclusion or limitation of liability to the service provider, the liability of the tour operator is accordingly excluded or limited.
b. The travel organizer is also not liable if and insofar as the traveler has been able to recover his damage under an insurance policy, such as, for example, a travel and/or cancellation insurance.
2. If the travel organizer is liable towards the traveler for loss of travel enjoyment, the compensation will not exceed the travel sum.
3. Without prejudice to the provisions of the previous paragraphs of this article, the travel organizer’s liability for damage other than caused by death or injury to the traveler is limited to a maximum of three times the travel sum, unless there is intent or gross negligence on the part of the travel organiser. In that case, his liability is unlimited.
4. The exclusions and/or limitations of the tour operator’s liability included in this article also apply to employees of the tour operator, the booking office and the service providers involved, as well as their staff, unless a Convention, Regulation or law excludes this.
Article 18 – Obligations of the traveler
1. The traveler(s) is/are obliged to comply with all instructions from the tour operator to promote the proper execution of the trip and is/are liable for damage caused by his/their unauthorized behaviour, to be assessed according to the standard of the behavior of a correct traveler.
a. The traveler who causes or may cause such nuisance or inconvenience that the proper execution of a trip is or can be made more difficult as a result, can be excluded from (continuation of) the trip by the tour operator, if the tour operator cannot reasonably be expected to comply with the agreement.
b. All costs arising from a situation as referred to in paragraph 2 sub a will be borne by the traveler, if and insofar as the consequences of nuisance or inconvenience can be attributed to him. If and insofar as the cause of the exclusion cannot be attributed to the traveler, he will be refunded the travel sum or part thereof.
c. The traveler is obliged to avoid or limit any damage as much as possible, in particular by complying with his notification obligation as further described in Article 19 paragraph 1.
d. Every traveler must verify the exact time of departure with the tour guide or the local agent of the tour operator no later than 24 hours before the indicated time of departure for the return journey.
Article 19 – Complaints during the trip
1. A shortcoming in the implementation of the agreement as referred to in Article 15 paragraph 2 must be reported on site as soon as possible so that a solution can be sought. For this, the traveler must report – in this order – to: the service provider concerned, the tour guide or, if he is not present or reachable, the tour operator. If the shortcoming is not remedied and affects the quality of the trip, it must in any case be reported immediately to the tour operator in the Netherlands.
2. If a shortcoming is not satisfactorily resolved on site, the tour operator will provide an adequate opportunity to record this in the form of a complaint in writing in the prescribed manner (complaint report).
3. The travel organizer provides information in the travel documents regarding the procedure to be followed on site, the contact details and accessibility of those involved.
4. The communication costs will be reimbursed by the tour operator, unless it appears that these should not reasonably have been incurred.
5. If the traveler has not complied with the notification obligation and complaint report and the service provider or the travel organizer has not been given the opportunity to remedy the shortcoming, his/her right to compensation may be limited or excluded.
After the trip
Article 20 – Complaints after the trip
1. If a complaint has not been satisfactorily resolved, it must be submitted in writing, stating reasons, to the travel organizer or the booking office. The traveler encloses a copy of the complaint report.
2. If the complaint concerns the conclusion of an agreement, it must be submitted to the booking office within one month after the traveler has become aware of the facts to which the complaint relates.
3. If the traveler does not submit the complaint in time, it will not be processed by the tour operator, unless the traveler cannot reasonably be blamed for this. The travel organizer will inform the traveler about this in writing or electronically.
