Travel conditions

Travel conditions Grandeur Travel 25 July 2023

 

Article 1 – Definitions

Organizer: Grandeur Travel registered under Chamber of Commerce number 71795715.

Traveler: any person who wishes to enter into an agreement with the Organizer regarding a Trip and any person who is entitled to travel under the agreement;

Travel service: the services that are part of the trip, such as passenger transport, car rental, accommodation and excursions.

Travel service provider: the service provider that carries out part of the Trip, such as accommodation providers, carriers, external guides, etc.

Agreement: the agreement relating to the booked Trip, including these Conditions.

Written: in writing or by electronic means, including by e-mail.

Conditions: these terms and conditions.

Package tour: a package holiday within the meaning of the law.

trip: a Package Holiday or, if the Conditions have been declared applicable to it, a single Travel Service.

Business days: Monday to Friday, with the exception of public holidays recognized in the Netherlands, during working hours (9 a.m. - 5 p.m. Dutch time).

 

Article 2 – Applicability of conditions

2.1 Package Travel

These Terms and Conditions apply to all Package Holidays offered by the Organizer or agreed with the Organizer.

2.2 Travel Services

These conditions can also be declared applicable to Travel Services that do not constitute a package tour. Title 7a of Book 7 of the Dutch Civil Code, which contains rules on package travel agreements, does not apply in that case. These Travel Services are not protected in the event of the Organiser's insolvency, unless it is explicitly stated in the offer which party provides cover and this follows from the warranty or insurance conditions.

2.3 Deviating and additional conditions

Deviating and additional conditions must be agreed in Writing and take precedence over these Conditions.

 

THE BOOKING

 

Article 3 – Realization Agreement

3.1 Content offer

The Trip offered only includes the services and facilities expressly described in the Organiser's offer and publications. Information in publications of Travel Service Providers is not part of the offer, regardless of whether a link to it is included in the Promoter's offer. The stated travel time is indicated in whole days, where the day of departure and arrival are counted as whole days.

3.2 Non-binding offer

The Organizer's offer is without obligation and can be revoked by the Organizer after acceptance until 5 p.m. of the next Working Day.

3.3 The booking

The Agreement is concluded as soon as the Traveler accepts the Organiser's offer and subject to the availability of the Trip.  

3.4 Obvious Errors

Obvious errors in the offer do not bind the Organiser. If there is reason for doubt, the Traveler must make inquiries.  

3.5 Preferences

No rights can be derived from preferences communicated by the Traveler, unless the Organizer has confirmed In Writing to comply with the preference. The mere mention as a preference on travel documents and the booking confirmation is insufficient for this purpose.

3.6 Special Requirements

If the Traveler makes medical requirements or other compelling interests known to the Organizer as a 'requirement' when booking, the Organizer will assess whether it can meet these requirements. If the Organizer is unable or unwilling to meet the requirements, the Agreement will not be concluded. The Promoter may make a price change in connection with the stated requirements.  

3.7 Booking Confirmation

The Organizer will send a booking confirmation after booking the trip and checking availability.

3.8 Cancellation by traveler

A booking of the Trip is final. The Traveler has no right to revoke the Agreement.

3.9 Minors

The Traveler who books the trip must be of age.

3.10 Booking for Other Travelers & Communication

The Traveler who books for other Travelers is jointly and severally liable for all obligations arising therefrom. The other Travelers are each liable for their own part. The confirmation, the invoice, the travel documents and all other communication will only be sent to the Traveler who makes the booking. The Traveler who books the Trip for others is obliged to pass on relevant personal circumstances of those other Travelers when booking. The Traveler who books the Trip for others is obliged to provide these Terms and other relevant communications to those other Travelers. The Traveler who books the trip indemnifies the Organizer against damage resulting from non-compliance with the above obligations.

 

INFORMATION

 

Article 4 – Information by the Organiser

4.1 Travel sum

Stated prices are per person, unless expressly stated otherwise.

4.2 Information provided by the Organizer when booking

Upon booking or immediately afterwards, the Organizer will provide the Traveler with the Agreement, including the accepted preferences of the Traveler and information tailored to the Dutch nationality about the required travel documents (passports, visas, etc.) and any health formalities.

4.3 Travel Documents

During the Trip, the Traveler must have the necessary travel documents, such as a passport, visa, vaccination certificates, etc. Given the great importance of this, the Traveler must check with the official authorities whether the information is complete and up-to-date. Before booking the Trip, the Traveler must check whether there is sufficient time to obtain the necessary travel documents. If the Traveler cannot or cannot fully make the Trip due to the lack of the correct travel documents, the costs will be borne by the Traveler. 

4.4 Travel Documents

The travel documents (transport tickets, vouchers, etc.) will be sent to the Traveler no later than 7 days before departure, unless the invoice has not yet been paid in full. If the Traveler has not received the travel documents 5 days before departure, he must immediately inform the Organizer.

4.5 Insurance information

The Organizer draws the Traveler's attention to the possibility of taking out cancellation insurance and travel insurance. The Organizer may require such insurance if the Traveler has been informed of this before booking.

 

Article 5 – Information by the Traveller

5.1 Relevant information from the Traveller(s)

Before the booking, the booking Traveler provides all relevant information about the registered Travelers. In particular information that may affect the health or safety of the Traveler or others. If the information provided is incorrect or incomplete, the Traveler may be excluded from participation. The Traveler then owes the cancellation costs in accordance with Article 9 paragraph 2 [cancellation costs]. Other costs are also borne by the Traveller.

5.2 Reduced mobility, pregnant women and illness

Travelers with reduced mobility and their companions, pregnant women and Travelers with an illness that may affect the Trip must report this to the Organizer when entering into the Agreement or in any case as soon as possible after the Traveler becomes aware of this. with possible consequences for the Trip and in particular air transport. These Travelers must verify with the carrier themselves whether a medical certificate is required to be allowed to travel.  

 

BEFORE THE JOURNEY

 

Article 6 – Payment

6.1 Deposit

The deposit is 20% of the travel sum plus the full amount of any flight tickets. The deposit must be received within 14 days of booking.

6.2 Remaining Payment

The remainder of the travel sum must be paid no later than 6 weeks before the start of the Trip. When booking within 6 weeks before the start of the Trip, the full travel sum must be paid immediately after booking. In any case, the entire payment must be received before the start of the Trip.

6.3 Default and interest

If the Traveler does not pay within the agreed term, the Traveler is in default without further notice of default being required and the statutory interest is due on the outstanding amount.

6.4 Collection costs

The Traveler must pay extrajudicial collection costs if he has not paid within the final payment term that has been set via a Written reminder. The extrajudicial collection costs are: 15% on the amount claimed up to €2500, 10% on the subsequent €2500, 5% on the subsequent €5000 and 1% on the excess.

6.5 Further consequences of non-payment

As long as the Traveler has not paid, the Organizer can keep the travel documents. If payment is not made even after a reminder or if payment is not made before the start of the trip, the Organizer may exclude the Traveler from participation. The obligation to pay remains. Instead of excluding the Traveler from participation, the Organizer can cancel the Agreement and charge the Traveler for the cancellation costs due as stipulated in [Article 9 paragraph 2].

 

Article 7 – Substitution

7.1 Terms and Notice

A Traveler can transfer the Trip to another person. The other person must comply with all conditions attached to the Trip. Transfer is only possible insofar as the terms and conditions of the relevant Travel Service Provider allow this. If airline tickets are part of the Trip, transfer of the airline tickets is often not possible. Transfer of the Trip is then possible if – at the expense of the Traveler – new flight tickets are booked. The Traveler requests the Organizer to replace the person no later than 7 days before the Trip.

 7.2 Joint and several liability and additional costs

The Traveler and the person who takes over the Trip are jointly and severally liable for the payment of the travel sum and additional costs arising from the substitution, including amendment costs.

 

Article 8 – Change at the request of the Traveller

8.1 Change

The Traveler who has booked the Trip can request the Organizer to change the Agreement. The Organizer is not obliged to do so. The Organizer will inform the Traveler of the new travel sum. If the Traveler agrees to the costs of the change, the new travel sum and change costs are due. If the new travel sum is lower than the original travel sum, the difference will be settled with the change costs due.

8.2 Change of departure date

Unless the Organizer indicates that there is a rebooking, the change of the departure date constitutes the cancellation of the existing agreement and the formation of a new agreement. The cancellation policy of Article 9 [cancellation costs] applies to the canceled agreement.

 

Article 9 – Cancellation by the Traveller

9.1 Cancellation

The Traveler can cancel the booking before the start of the Trip. Cancellation must be made In Writing. The date on which the cancellation is received by the Organizer is the moment of cancellation. In case of receipt after 5:00 pm or outside Working Days, the next Working Day will be regarded as the date of receipt.

9.2 Cancellation Charges

If a flight is included in the Trip, the Traveler owes the following amounts in the event of cancellation:
a. up to and including 56 days before the day of departure: the cancellation costs of the flight + 20% of the remaining part of the travel sum; 
b. from 55 days up to and including 22 days before the day of departure: the cancellation costs of the flight + 50% of the remaining part of the travel sum;  
c. from 21 days up to and including 7 days before the day of departure: the cancellation costs of the flight + 75% of the remaining part of the travel sum;  
d. from 6 days before departure: 100% of the travel sum. 

If no flight is included, the Traveler owes the following amounts: 
a. up to and including 56 days before the day of departure: 20% of the travel sum; 
b. from 55 days up to and including 22 days before the day of departure: 50% of the travel sum; 
c. from 21 days up to and including 7 days before the day of departure: 75% of the travel sum; 
d. from 6 days before departure: 100% of the travel sum.

Different cancellation conditions may apply. If this is the case, these deviating cancellation conditions will be clearly stated on the booking confirmation and/or invoice. These cancellation conditions prevail over the above.

9.3 Reduction in number of travelers

If the number of Travelers is reduced within one booking, the Organizer may charge as cancellation costs:

1) the standard cancellation costs referred to in paragraph 2 of this article, or;

2) the entire travel sum of the canceled person minus the cost savings as a result of the cancellation.

9.4 Cancellation costs in case of cancellation after a rebooked trip

It is possible that the Traveler and Organizer rebook the trip to a later time. If the Traveler cancels the rebooked trip, the cancellation costs amount to at least the amount that would have been due if the cancellation had been made on the date of the rebooking.

(example: 14 days before the start of the original trip, the trip is rebooked to 1 year later. The traveler cancels 6 months before the start of the rebooked trip because he no longer wishes to travel. The cancellation costs would amount to 20% of the travel sum according to Article 9.2. The cancellation fee would be 75% of the travel sum if canceled on the date of rebooking. In this case, 75% of the travel sum applies as a cancellation fee.)

9.5 Travel credits issued out of courtesy

If a Trip is canceled by the Traveler and a travel credit is granted out of courtesy, the following applies (unless other conditions are communicated by the Organiser):

– the travel credit must be spent within one year after the travel credit was awarded.

– the new trip must have started within two years after the travel credit has been awarded.

– the travel credit is tied to the Traveler and not transferable.

– the travel credit can only be used for the same Trip at a later time.

– if the trip is more expensive at a later time, the price difference will be passed on to the Traveler.

– if the Traveler cancels the Trip that has been booked with a travel credit granted out of courtesy, the travel credit will lapse.

 

Article 10 – Price change

10.1 Price Change

The Organizer can increase the travel sum up to 20 days before the start of the Trip as a result of price changes in:

– costs of fuel or other energy sources, or;

– taxes or fees from third parties not directly involved in the execution of the Trip. The Organizer can include in the Agreement that it can increase the travel sum up to 20 days before the start of the Trip on the basis of changes in exchange rates. The method of price recalculation based on the exchange rate must be included in the Agreement.

10.2 Termination by Traveller

If the price increase exceeds 8% of the travel sum, the Traveler can terminate the Agreement and the Traveler will be refunded the paid travel sum.

10.3 Price Reduction

If the right to a price increase has been agreed, the Traveler has a corresponding right to a price reduction. 30 euros administration costs will be deducted from the amount due to the Traveler.

 

Article 11 – Changes by the Organiser

11.1 Changes

The Organizer can unilaterally make minor changes to the Trip before the start of the Trip. The Traveler will be informed of this.

11.2 Significant Changes

If necessary, the Organizer can radically change the main characteristics before the start of the Trip. This also includes offering an alternative Trip. The Traveler can accept the change or terminate the Agreement without paying cancellation costs. Upon termination, the travel sum paid by the Traveler will be refunded. The Organizer can set the Traveler a reasonable term within which the Traveler must make his choice clear. If the Agreement is not terminated within the set period, the amendment will be deemed accepted and the right to terminate will lapse.

 

Article 12 – Cancellation by the Organiser

12.1 Cancellation due to minimum numbers

The Organizer can cancel the Agreement before the start of the Trip if the number of registrations is less than the minimum number stated in the Agreement and the Traveler is informed, at the latest:

– 20 days before the start of the Trip for a Trip of 6 days or more.

– 7 days before the start of the Trip for a Trip of 2 to 6 days.

– 48 hours before the start of the Trip for a Trip of less than 2 days.

12.2 Cancellation due to force majeure

The Organizer can cancel the Agreement before the start of the Trip if the Organizer cannot perform the agreement due to unavoidable and extraordinary circumstances.

12.3 Refund paid travel sum – no compensation

In the above cases, the Organizer will refund amounts already received within 14 days and no compensation will be due. Costs incurred by the Traveler for services that fall outside the Agreement are not reimbursed, such as vaccinations, visas, purchase of material, insurance and, if not included in the Trip, air travel, tickets, accommodation, etc.

12.4 Cancellation by the Traveller

If the Traveler does not meet predetermined participation requirements or if incorrect or incomplete information about the Traveler is provided, the Organizer may cancel the Agreement. The Traveler then owes cancellation costs as stipulated in [article 9 paragraph 2].  

 

PERFORMANCE OF THE TRIP

 

Article 13 – Responsibility & shortcomings

13.1 Proper execution of the Trip

The Organizer is responsible for the performance of the agreed Travel Services, regardless of whether these are performed by the Organizer itself or by another Travel Service Provider. The Organizer must perform the Agreement in accordance with the expectations that the Traveler could reasonably have on the basis of the publications, the Agreement and the circumstances at the travel destinations.

13.2 Changes to Itinerary and Travel Times

The Organizer will inform the Traveler about changes in the travel schedule. If the Organizer is not aware of the place of stay, the Traveler will only be informed at the e-mail address or mobile phone number known to the Organizer.

13.3 Passenger's duty to complain

The Traveler immediately informs the Travel Service Provider and the Organizer in line with Article 17 [complaints] of defects or problems in the performance of the Travel Services.

13.4 Remedy by the Organiser

The Organizer ensures that shortcomings are rectified. A deficiency does not have to be remedied if this is impossible or if this entails disproportionately high costs.

13.5 Compensation

If the shortcoming cannot be resolved, the Organizer (or Travel Service Provider) will enter into consultation with the Traveler and can arrange compensation or alternative where appropriate. The Traveler is not entitled to compensation or alternative if the shortcoming can be attributed to the Traveler.

 

Article 14 – Aid and assistance

14.1 Mandatory Assistance

The Organizer will provide help and assistance to the Traveler if the Traveler is in difficulties, in particular by providing proper information about medical services, local authorities and consular assistance and by helping the Traveler to use remote communication and to find alternative travel arrangements.

14.2 Charges

The Organizer will charge a reasonable fee for the help and assistance if the difficulties have arisen due to intent or negligence on the part of the Traveller.

 

LIABILITY

 

Article 15 – Attribution, force majeure and liability exclusions

15.1 Attribution & force majeure

The Traveler is not entitled to compensation for damage incurred by the Traveler as a result of a shortcoming that is due to:

a. the Traveller;

b. third parties who are not directly involved in the performance of the Agreement and the shortcoming could not be foreseen or prevented, or; 

c. unavoidable and extraordinary circumstances.

15.2 Liability Exclusion

Any liability of the Organizer for damage is limited to three times the travel sum, unless the damage results from the death or personal injury of the Traveler or the damage is caused by intentional or negligent acts on the part of the Organiser.

15.3 Exclusion of liability under treaty or EU regulation

If the Organizer is liable for any damage, including damage resulting from the death or personal injury of the Traveller, this liability will be limited or excluded to the limits permitted by applicable international treaties and/or EU regulations. relating to the individual Travel Services.

15.4 Insured Damage

The Organizer is not liable for damage covered by insurance policies, such as health, travel, event or cancellation insurance. 

15.5 Limitation

Any claim of the Traveler for compensation of damage and other claims of the traveler become time-barred two years after the Trip has taken place. If the Trip did not take place, it expires two years after the planned date of commencement.

15.6 Loss of Right

Without prejudice to the limitation period and the obligation to complain in a timely manner, any claim of the Traveler for compensation for damage expires three years after the start date of the Trip.

15.7 No Double Compensation

The Traveler is not entitled to double compensation. If the Traveler is entitled to compensation under international treaties or EU regulations, the Traveler will not also receive compensation under this Agreement.

 

TRAVELER OBLIGATIONS

 

Article 16 – Obligations Traveler

16.1 Conduct and Following Directions

The Traveler must behave as a reasonable Traveler and is obliged to follow all instructions of the Organizer and the Travel Service Providers.

16.2 Consequences of non-compliance – exclusion from participation

In the event of non-compliance with instructions or in the event that a Traveler causes a nuisance, the Organiser/Travel Service Provider may partially or completely deny the Traveler further participation in the Trip. The Traveler is then not entitled to a refund of monies. Further costs incurred as a result of this will be borne by the Traveller.

16.3 Warning

Before the Traveler is excluded from participation, the Traveler will first receive a verbal or written warning. A warning is not required if the circumstances make it inappropriate.

16.4 Traveler liability and indemnification

The Traveler is liable for damage caused by his behavior, failure to comply with the obligations in this article or damage that can otherwise be attributed to him. The Traveler indemnifies the Organizer against claims from Travel Service Providers involved in the Trip, other Travelers or third parties for damage caused by the Traveler or that can be attributed to him.

16.5 Check time of return journey

The Traveler must verify the exact time of departure no later than 24 hours before the planned start of the return journey.

16.6 Formal Health Requirements

The Traveler must meet all health requirements applicable at the destination (and transit countries). Governments may change these requirements without notice. The consequences of these changes fall within the Traveler's sphere of risk.

16.7 Measures by Travel Service Providers

Travel service providers may take all reasonable measures and require Travelers to cooperate, including to prevent and combat calamities, to limit health risks, to prevent damage or to comply with government regulations. In the event of non-compliance with the measures or instructions, the Traveler may be denied the Travel Service and access.

16.8 Material Use

The Traveler must handle the materials provided properly. Upon receipt, the Traveler must check these matters and report defects immediately. The Traveler is liable for damage, loss or theft of the material made available.

 

OTHER PROVISIONS

 

Article 17 – Complaints

17.1 Information

The Organizer will provide contact details for emergencies before the start of the Trip.

17.2 Reporting on the spot

If the Traveler believes that the Trip is not being carried out properly, he must immediately report the problem or defect to the relevant Travel Service Provider so that it can offer a solution. If the Organizer's tour guide is on site, the complaint must also be reported to the tour guide immediately. If there is no tour guide on site, the complaint must also be reported to the Organiser. This notification can be made by [Whatsapp, SMS text message, by telephone or on Working Days during Dutch office hours (9 am - 5 pm) also by e-mail].

17.3 Communication Costs

The Traveler must limit any communication costs, for example by using telephone calls via the internet, WhatsApp and e-mail.

17.4 Report unresolved complaint after return

All complaints that, according to the Traveler, have not been fully resolved or compensated during the Trip, must be submitted to the Organizer in Writing and with reasons within two months after the Trip.

17.5 Not reporting the consequences or not reporting the shortcoming or complaint in a timely manner

Failure to complain or to complain in time in accordance with the second paragraph [Report on the spot] of this article may affect the amount of any compensation, unless the interests of the Organizer have not been harmed by the failure to complain in time. Complaints that have not been received in time after return will not be processed, unless this is not reasonable in the circumstances of the case.

 

Article 18 – Other provisions

18.1 Third Party Rights

Subordinates, auxiliary persons and other third parties involved in the implementation of the Agreement can invoke the provisions of the Agreement and these Terms and Conditions (including the liability exclusions) towards the Traveler.

18.2 Replacement Provisions

If mandatory law precludes the validity of a provision in these Terms and Conditions or if a provision is annulled, that provision will be deemed to have been converted into a valid provision that approaches the original intention as closely as possible in terms of content and purport.

18.3 Applicable Law

Only Dutch law applies to the offer, the Agreement and the performance of the Agreement, unless this is contrary to mandatory law.

If the consumer lives outside the Netherlands at the time of the booking, the following applies: Despite the choice of law, the consumer is entitled to the protection that the mandatory law of the country of residence offers him if (cumulatively):

– the Organizer focused the commercial activities for the agreed Trip on the country where the consumer resides, and;

– the agreed travel services are partly or wholly provided in that country.

18.4 Competent court

The court within whose working area the Organizer's place of business is located has exclusive jurisdiction to hear disputes regarding the Agreement and anything related thereto, unless this is contrary to mandatory law. The Organizer is also permitted to take the Traveler to court at her place of residence.

 

Article 19 – VZR Guarantor