Introduction

Article 1 – Preliminary Provisions

1. These travel conditions apply to all travel agreements made with either Boekingskantoor Siroco N.V. or Siroco Explataciones SL. In these travel terms and conditions, the following definitions apply::
   1. Touroperator: Boekingskantoor Siroco N.V. (Siroco)
   2. Traveller:
      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.
   3. Travel agreement: the agreement which the tour operator undertakes towards its counterparty to provide residence and other tourist services.
   4. Own transport trips: trips where the traveller only reserves the holiday accommodation and organizes the transport himself.
   5. Accommodation supplier: Siroco Explotaciones SL.
   6. Working days: the days Monday to Friday, excluding legally recognized holidays.
   7. Office hours: Monday to Friday from 9:00 AM to 5:00 PM

Before booking the trip

Article 2 – Information from the tour operator

1. The tour operator provides on its website all necessary information that is necessary for the realization of the trip. A detailed description of the offer can be found on the tour operator’s website.
2. 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.

Article 3 – Information by the traveler

1. Before or at the latest when the agreement is concluded, the traveller provides the booking office or the travel organizer all information about himself and the travellers registered by him that may be important for the conclusion or implementation of the agreement. This includes, if available, a mobile phone number and email address.
2. In particular, the traveller must provide information about himself and the travellers 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 possible inconvenience, danger or risks for the traveller himself, other travellers or belongings of a third party. If the traveller fails in his obligation to provide information which has as a consequence that this traveller(s) is (are) excluded by the tour operator from (further) participation in the trip in accordance with the provisions of Article 18, 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 traveller 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

Article 5 – Conclusion and content of the agreement (offer and acceptance)

1. The agreement is concluded by the traveller’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 traveller 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 traveller is informed before acceptance that he is entering into an agreement and which conditions apply. By confirming the booking by the travel organisation, the traveller 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, stating the reasons. In that case, the traveller 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 traveller – are or should be known as such at first glance.
5. 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 traveller(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) traveller(s) is (are) liable for his (their) own part in the agreement.
6. If the agreed trip is included in a publication of the tour operator, the information contained therein also forms part of the agreement.
7. 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 traveller’s position. This is without prejudice to the permitted deviations as referred to in art. 6 and art. 12.

Article 6 – Payment, interest and collection costs

1. At the conclusion of the agreement, a deposit of at least € 150 must be paid. This amount must be paid immediately.
2. The remaining part 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 self-transportation before the arrival date of the first booked accommodation).
3. In the event of late payment, the traveller 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 cancelled 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.
4. If the agreement is concluded within 6 weeks before the day of departure, the entire travel sum must be paid immediately.
5. A traveller 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 apartment, unless stated otherwise. This includes the services and facilities mentioned in the publication, whether or not specified in various cost elements, including the unavoidable additional costs known at the time of publication that the traveller must pay for the services offered.
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 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. 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.
2. The traveller has the right to reject an increase in the travel sum as referred to in paragraphs 1 of this article. He must – on pain of forfeiture – make use of this right within 3 working days of receipt of the notification of the increase. If the traveller 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 traveller of the notification about the increase. In that case, the traveller is entitled to remission or immediate refund of monies already paid. Articles 13, 14 and 15 do not apply.

Article 9 – Travel documents 

1. After payment of the total amount of the trip, the traveller receives a reference number. With this reference number and personal name, the traveller can check-in at the accommodation.
2. The traveller is responsible for carrying the necessary documents, such as a valid passport or, when allowed, an identity card and the required visas, proof of vaccinations and inoculations, driver’s license and green card. If the traveller cannot make the trip (totally) due to the absence of any (valid) document, it will be at his own expense with all associated consequences, unless the tour operator has committed to providing that document and the lack thereof can be justified. attributed to him. accused, or if the tour operator has breached its obligation to provide information under Article 2.

Article 10 – Changes by the traveler

1. After the agreement has been concluded, the traveller can request changes to it. This is subject to the condition that the traveller 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 traveller will be motivated by the travel organizer and the traveller will be notified without delay. The traveller can maintain or cancel the original agreement. In the latter case, Article 12 applies. In the absence of a response from the traveller 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

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

1. If an agreement is cancelled, the travel organizer can charge the traveller 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: 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.

2. If a trip is composed of different parts, to which different cancellation provisions apply, the provisions specifically applicable to each part will apply.
3. Partial cancellation:
   – If a traveller from a travel group cancels his part in an agreement related to a joint stay in an 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 traveller(s) appropriate to the new group size for the same period and in the same accommodation.
   – For the sub b. the traveller(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 cancelled for all travellers and all travellers 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 travellers. Any surplus will be deducted from the new travel sum.
4. In case of calamities, the legal rules apply. The travel organization may deviate from this, with reasons.
5. Cancellations outside office hours are deemed to have been made on the next working day.
6. Substitution In the event that no cancellation takes place, but the traveller 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. Important circumstances for the tour operator are 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.
4. In addition:
5. a. If the cause of the cancellation can be attributed to the traveller, the resulting damage will be borne by the traveller.
   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 traveller or the tour operator, the parties each bear their own damage.

Article 14 – Changes by the tour operator

1. The tour operator has the right to change the agreed services due to serious circumstances as described in more detail in Article 13.
2. The tour operator will inform the traveller of changes within 3 working days after he has been informed of the change. From 10 days before departure he will communicate this within 1 calendar day.
3. If the change concerns one or more essential points, the traveller can reject the change(s).
4. If the change concerns one or more non-essential points, the traveller can only reject the change if the change causes him a disadvantage of more than minor significance.
5. In the event of a change, the tour operator will make an alternative offer to the traveller if possible. He does this within 3 calendar days after the travel organizer has been informed of the change. From 10 days before departure, a period of 1 calendar day applies.
6. 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.
7. If a term from paragraphs 1, 2 and 3 of this article ends on a Saturday, Sunday or public holiday, that term will be extended to 12:00 on the next working day.

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 traveller 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 traveller is obliged to inform the parties involved as soon as possible as referred to in Article 21.
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 traveller 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:
   the shortcoming in the execution of the agreement is attributable to the traveller;
   b. the shortcoming in the execution of the agreement could not be foreseen or could not be cancelled and is attributable to a third party which is 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 4 of this article.
4. 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. Depending on the circumstances, the tour operator is obliged to provide the traveller with help and assistance if the trip does not proceed in accordance with the expectations that the traveller 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.
2. If the cause is attributable to the traveller, 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 traveller.
3. If the trip does not proceed in accordance with the expectations that the traveller could reasonably have on the basis of the agreement due to circumstances that are neither attributable to the traveller 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 traveller, this includes extra accommodation and repatriation costs.

Article 17 – Exclusion and limitations of liability of the tour operator

1. 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 traveller 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 traveller 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 traveller 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 traveller(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 behaviour of a correct traveller.
2. The traveller 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 sub a will be borne by the traveller, 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 traveller, he will be refunded the travel sum or part thereof.
   c. The traveller 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 21.

Article 19 – House rules and rules of conduct

1. The traveller, including all fellow travellers, guests and/or visitors, are obliged to comply with the house rules and rules of conduct of the accommodation and to use the rented accommodation, including all facilities, with care in accordance with our regulations. An overview of the house rules and rules of conduct can be obtained from the reception of the accommodation and can be found on the website of the accommodation.
2. The traveller is liable for damage caused to the rented accommodation, regardless of whether this damage is the result of negligence or acts by himself, his fellow travellers, guests and/or visitors.
3. The accommodation provider has the right to demand a deposit upon handing over the key to the accommodation. If the deposit is not paid immediately, they have the right to deny access to the accommodation. The deposit will be refunded no later than 2 weeks after the end of the rental period, unless it must be used to compensate for damage that is for the traveller’s account, whereby the traveller remains liable for the damage, insofar as it exceeds the deposit.
4. If the traveller, his fellow travellers, lodgers or visitors do not, or do not properly, comply with the obligations that apply on the basis of the agreement, house rules and rules of conduct, general values and standards or government regulations, the travel organization and accommodation provider have the right to dissolve the agreement. consider. After the accommodation provider has informed the traveller that he wishes to use this right, the traveller (including fellow travellers, guests and visitors) must leave the accommodation as soon as possible, without being entitled to a refund of the travel sum or part thereof.
5. If the accommodation provider suspects that the traveller is acting in violation of the law and/or public order, the accommodation provider is authorized to gain access to the accommodation.

Article 20 – Image and/or sound recordings

1. Booking office Siroco Nederland B.V. and/or Explataciones Siroco S.L. can have image and/or sound recordings made at the resort and of the guests who are on or around the resort. They have the right to use and publish these recordings for promotional purposes, for example. The organization takes the necessary care in doing so. No compensation is due for the use of these recordings for the guests depicted on them. If you do not want to be in the picture, avoid the places where you see a videographer, film crew and/or photographer at work.
2. It is not allowed for third parties to make image and/or sound recordings for commercial purposes at the resort. Unless written permission has been given by the head office of Siroco in the Netherlands.

Article 21 – Complaints 

1. A shortcoming in the implementation of the agreement as referred to in Article 15 must be reported on site as soon as possible so that a solution can be sought. For this, the traveller must report – in this order – to: the reception of the accommodation, 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. 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.
3. If the traveller 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.