Terms and Conditions | The Après Ski/ After Hours Society B.V.
ARTICLE 1. | DEFINITIONS
In these general terms and conditions, the following terms, each indicated with a capital letter, have the meanings set out below.
Travel Provider: the private limited company with limited liability De Après Ski/ After Hours Society B.V., established at Prinsengracht 769, 1017 JZ in Amsterdam, the user of these general terms and conditions.
Customer: both the person with whom the Travel Provider has concluded or intends to conclude an Agreement, and anyone else who uses the Travel Services on the basis of the Agreement (also referred to as ‘travellers’), as well as their legal successors under general or special title.
Parties: the Travel Provider and the Customer together.
Travel Service: a service relating to:
a) passenger transport;
b) accommodation that does not form an essential part of passenger transport and is not intended for residential purposes;
c) rental of cars or other motor vehicles as referred to in Article 7:500(1)(i) of the Dutch Civil Code;
d) other tourist services that do not form an essential part of a Travel Service as referred to under a, b or c, such as a ski pass, activity at the destination or another tourist component.
e) Package Travel: an Agreement under which the Travel Provider undertakes towards the Customer to provide a combination offered by the Travel Provider of at least two different types of Travel Services for the same trip and which includes an overnight stay or a period of more than 24 hours.Agreement: an agreement between the Parties that involves Package Travel or one or more Travel Services that do not constitute Package Travel, or a package travel arrangement in which the Travel Provider acts solely as a reseller.
In writing: communication in writing, communication by e-mail, communication via WhatsApp or any other means of communication that, in view of the state of the art and prevailing views in society, may be regarded as equivalent to this.
ARTICLE 2. | GENERAL PROVISIONS
These general terms and conditions apply to every offer made by the Travel Provider, every Agreement and all legal relationships arising between the Parties from them.
Any general terms and conditions of the Customer are expressly rejected.
Deviations from the provisions of these general terms and conditions may only be made expressly and in writing.
If one or more provisions of these general terms and conditions or the Agreement as such are invalid under any circumstances, the remaining provisions shall remain in force and the Parties shall be obliged to agree, in mutual consultation, on a replacement arrangement that, in terms of meaning, as closely as possible matches the invalid provision.
If the Travel Provider acts solely as a reseller of a package travel arrangement organised by a third party, the Travel Provider shall not act as the organiser of that package travel arrangement. In that case, the content, performance and settlement of the package travel arrangement in question shall be governed first and foremost by the general terms and conditions, travel conditions and other contractual provisions of the organiser in question. In that case, these general terms and conditions shall apply only to the legal relationship between the Customer and the Travel Provider, including the offer, sale, mediation, administrative processing, communication and payment settlement.
In the event of any conflict between these general terms and conditions and the organiser's terms applicable to a package travel arrangement organised by a third party, the organiser's terms shall prevail in respect of that package travel arrangement, insofar as they concern provisions relating to the content, performance and legal framework of the package travel arrangement in question.
For the performance of the Agreement, the Travel Provider makes use of third parties, such as carriers, accommodation providers, activity providers and other service providers. Additional general terms and conditions, transport conditions or other contractual provisions of these third parties may apply to the Travel Services to be provided by these third parties. The Travel Provider shall inform the Customer thereof in advance, insofar as reasonably possible, and shall make these conditions available on request. If making them available is not reasonably possible, the Travel Provider shall inform the Customer of the applicability of these conditions and, where possible, refer to the place where they can be consulted or outline their main contents. The Customer is obliged to comply with these conditions. Insofar as there is a Package Travel within the meaning of the law, the Travel Provider remains responsible towards the Customer for the performance of the Travel Services in accordance with the Agreement and the applicable legal provisions, regardless of whether these are performed by the Travel Provider itself or by third parties.
ARTICLE 3. | CONCLUSION OF THE AGREEMENT & NO RIGHT OF WITHDRAWAL
Even if the Travel Provider indicates that a quote is valid for a certain period, every quote is without obligation and subject to sufficient availability of the offered Travel Services and/or Package Travel.
Obvious errors and mistakes in a quote or in an offer shown via a participant portal or other system, such as regarding the price and content of the Travel Services, do not bind the Travel Provider. In case of serious doubt about the correctness of the content of the offer, the Customer is deemed to consult the Travel Provider about this.
The Travel Provider is not responsible for the accuracy or completeness of general information in photos, brochures, advertisements, websites or other information carriers, insofar as this information has been prepared or issued by third parties, including organisers, accommodation providers, carriers, ski areas or other service providers.
A quote may only be accepted by the Customer in its entirety and without changes, unless the Travel Provider indicates otherwise.
Every Agreement is concluded, without prejudice to paragraph 1, as follows:
a) In the case of a quote: at the moment the quote is accepted by the Customer within any validity period stated in the quote, and the Customer has complied with all conditions that the Travel Provider has expressly attached to acceptance of the quote;
b) In the case of registration via a participant portal or other system: at the moment the traveller (Customer) has accepted the offer in the manner indicated by the Travel Provider, including completing the booking process and, where applicable, making an (initial) payment.
If a traveller registers via a participant portal or another system, that traveller is deemed to be a Customer within the meaning of these terms and conditions. That traveller is independently bound by the Agreement and obliged to perform the resulting obligations.
The Customer who concludes the Agreement on behalf of one or more other travellers also declares by entering into the Agreement that they are authorised to do so. That Customer (hereinafter in this paragraph referred to as: ‘the Travel Provider’s counterparty’) is jointly and severally liable together with those other travellers for all obligations arising from the Agreement. Without prejudice to the joint and several liability of the Travel Provider’s counterparty, the other travellers are liable for their own share in the Agreement. The Travel Provider’s counterparty is at all times liable towards the latter for the payment obligations attached to the Agreement. Furthermore, communications with the Travel Provider shall take place solely via the Travel Provider’s counterparty, unless otherwise provided in these terms and conditions.
The Customer who concludes the Agreement on behalf of other travellers also warrants that all information, notices, changes, travel documents, instructions and conditions relevant to the performance of the Agreement are passed on to those other travellers in good time. The Travel Provider may rely on communications to this Customer also having reached the relevant other travellers.
The Agreement is binding once concluded; the Customer has no right to withdraw from the Agreement, without prejudice to the cancellation conditions referred to in article 7. The statutory right of withdrawal does not apply because Package Travel is excluded from this right and, in the case of separate Travel Services, the services relate to leisure activities and the Agreement provides for a specific period of performance.
ARTICLE 4. | TRAVEL INFORMATION
The offer of a Package Holiday or separate Travel Services comes with relevant travel information. The information in the travel information document forms an integral part of the Agreement. If the Travel Provider acts solely as a reseller of a package holiday organised by a third party, the travel information mentioned may also come from that third-party organiser. The Customer is responsible for making themselves, and any fellow travellers, familiar with the travel information mentioned. Failure by a Customer to comply with the obligations stated in the travel information shall be regarded as a breach of the Agreement, in which case the Travel Provider reserves the rights referred to in article 13.
ARTICLE 5. | INFORMATION OBLIGATIONS OF THE CUSTOMER
The Customer warrants that they provide the Travel Provider in good time with all information needed for the conclusion and performance of the Agreement. The Customer warrants that all information provided by them to the Travel Provider is correct and complete. Names of travellers provided to the Travel Provider must match their passport names exactly. The Customer is also obliged to provide the Travel Provider, before or at the latest when concluding the Agreement, with all other information about the travellers they have registered that may be relevant to the conclusion and performance of the Agreement.
A copy of the travellers’ passports must be provided to the Travel Provider upon first request. The Customer warrants that the passports will remain valid for at least six months after the start of the trip.
If, and insofar as, this is necessary or relevant for the performance of the Agreement, the Customer is obliged to inform the Travel Provider in good time of any special details concerning travellers, including allergies, dietary requirements and other circumstances which the Customer should reasonably understand may be important for the performance of the Agreement.
If a participant portal or external booking, payment or management system is used for the performance of the Agreement, the Customer warrants that the travellers concerned provide the information required for the performance of the Agreement in good time, in full and truthfully, in the manner indicated by the Travel Provider. The Travel Provider is entitled to have (part of) the communication, administration and payment processing take place via such a system. The consequences of not providing this information, not providing it on time or providing it incorrectly, as well as not using the relevant system, or not using it correctly, shall be for the account and risk of the Customer.
ARTICLE 6. | FURTHER OBLIGATIONS OF THE CUSTOMER
It is the responsibility of the Customer to arrange any travel and/or cancellation insurance at their own expense and risk.
If the Customer does not, no later than five working days before departure, have the travel documents, access information or other essential travel information required for the performance of the Agreement, which they could reasonably expect to be made available by or on behalf of the Travel Provider, the Customer is obliged to notify the Travel Provider of this without delay.
The Customer is responsible for carrying the necessary documents during the trip, such as a valid passport, visa and vaccination certificates, as well as complying with the requirements applicable to the Customer in the country of destination. The Customer is also responsible for following applicable travel advice, government measures and other relevant regulations of competent authorities. If the Package Travel or Travel Services have to be interrupted as a result of circumstances attributable to the Customer, the Travel Provider shall not be liable for any resulting damage.
The Customer is obliged to comply with all instructions of the Travel Provider and of third parties involved in the Agreement, such as carriers and hoteliers. The Customer is also obliged to comply with the rules and regulations in force at the destination, including piste, lift and other local safety rules. The Customer is liable for damage caused by their unauthorised conduct, assessed by reference to the conduct of a proper Customer.
A Customer who causes, or may cause, such inconvenience or nuisance that the proper performance of the Agreement is seriously hindered or may be hindered may be excluded from (continuing) participation in the Package Travel or Travel Services, if the Travel Provider or the third parties involved in the Agreement cannot reasonably be expected to continue to perform the Agreement.
All damage arising from a situation as referred to in the preceding paragraphs shall be borne by the Customer if and to the extent that the consequences of the inconvenience or nuisance can be attributed to them.
The Customer is obliged to avoid any damage or limit it as far as possible, in particular by complying in good time and properly with the information obligations referred to in Article 5.
ARTICLE 7. | CANCELLATION BY THE CUSTOMER
If the Customer cancels the Agreement in whole or in part, the Customer shall owe the following cancellation charges, regardless of whether the Agreement relates to a Package Travel or to one or more Travel Services that do not constitute a Package Travel, without prejudice to the provisions in paragraph 2 and paragraph 4. In the event of cancellation:
a) up to the 42nd calendar day (exclusive) before the departure date: the agreed deposit, with a maximum of 35% of the agreed price;
b) from the 42nd calendar day (inclusive) up to the 28th calendar day (exclusive) before the departure date: 35% of the agreed price;
c) from the 28th calendar day (inclusive) up to the 14th calendar day (exclusive) before the departure date: 50% of the agreed price;
d) from the 14th calendar day (inclusive) up to the 5th calendar day (exclusive) before the departure date: 75% of the agreed price;
e) from the 5th calendar day (inclusive) before the departure date: 90% of the agreed price;
f) on the departure date or later: the full agreed price.
If the Travel Provider demonstrates that, as a result of the Customer's cancellation of the Agreement, it suffers loss exceeding the applicable cancellation charges referred to in paragraph 1, the actual loss suffered by the Travel Provider shall be borne by the Customer. This may be the case where the Travel Provider has already incurred costs in connection with the booking of accommodation, transport, activities, ski passes, tickets, transfers or other parts of the Agreement. The compensation payable by the Customer shall in no event exceed the full agreed price.
Cancellation outside office hours shall be deemed to have been made on the next working day.
If there is a Package Travel and unavoidable and extraordinary circumstances occur at the place of destination or in its immediate vicinity that have significant consequences for the performance of the Package Travel or for the carriage of passengers to the destination, the Customer shall have the right to terminate the Package Travel before it starts without payment of cancellation charges.
If a Customer from the travel party cancels their share of the Agreement, they shall owe cancellation charges. If, at the time the Agreement was concluded, a different price would have applied based on the size of the remaining travel party, the price for the remaining travellers shall be adjusted accordingly. The normal payment terms of Article 14 shall apply to the amended Agreement. If an amendment to the Agreement as referred to above is impossible, the Agreement shall be cancelled for all travellers and they shall all owe cancellation charges.
If the Customer cancels the Agreement before the agreed deposit or any other payment due has been made, this shall not affect the obligation to pay the cancellation charges applicable under this Article.
ARTICLE 8. | CANCELLATION BY THE TRAVEL PROVIDER
The Travel Provider may cancel the Agreement concerning one or more Travel Services that does not constitute Package Travel due to compelling circumstances communicated to the Customer immediately. In that case, the Customer is entitled to reimbursement of all amounts paid for the Travel Services, without being entitled to any additional compensation.
The Travel Provider may cancel a Package Travel arrangement and fully reimburse the Customer for all amounts paid for the Package Travel, without being liable to pay compensation, if:
a) the number of persons registered for the Package Travel is smaller than the minimum number stated in the Agreement and the Customer is informed by the Travel Provider of the cancellation of the Package Travel within the period specified in the Agreement, but no later than:
twenty days before the start of the Package Travel for trips of more than six days;
seven days before the start of the Package Travel for trips of two to six days;
forty-eight hours before the start of the Package Travel for trips lasting less than two days; or
b) the Travel Provider is unable to carry out the Package Travel as a result of unavoidable and extraordinary circumstances and it informs the Customer immediately and before the start of the Package Travel that the Package Travel is being cancelled.
If, under the Agreement, the Travel Provider acts solely as a reseller of a package travel arrangement organised by a third party, and that third-party organiser cancels or does not carry out the relevant package travel, the Travel Provider is entitled to cancel the related Agreement with the Customer accordingly. In that case, the Customer is entitled against the Travel Provider only to reimbursement of the amounts actually received by the Travel Provider from the Customer in connection with the cancelled trip and not refunded to the Customer, without prejudice to any rights of the Customer against the relevant third-party organiser or service provider.
Refunds under paragraph 1, paragraph 2 and paragraph 3 are made to the Customer immediately and in any event no later than fourteen days after cancellation of the Agreement.
For the purposes of paragraph 1 and paragraph 2, compelling, unavoidable and extraordinary circumstances include any circumstance that the Travel Provider or the relevant provider of the Travel Services could not foresee and avoid, such as, but not limited to, war, threat of war, civil war, riots, civil disorder/unrest, labour disputes, terrorist activities or the threat thereof, natural or nuclear disasters, fire, the outbreak of epidemic or pandemic diseases, technical problems with transport, cancellation or alteration of a scheduled flight, closure or congestion of (air)ports, adverse weather conditions and all similar events beyond the control of the Travel Provider or the relevant provider of the Travel Services.
The provision in the previous paragraphs of this article is without prejudice to the provision in article 12.
ARTICLE 9. | PRICE CHANGES
Prices may, after the Agreement has been entered into, only be increased if and insofar as this has been expressly agreed. For Package Travel, it is moreover required that the method by which the price revisions are to be calculated is expressly stated and that the Customer is entitled to a price reduction under paragraph 5.
Price increases in the context of Package Travel are only permitted as a direct result of changes in:
a) the price of passenger transport attributable to increased fuel costs or other energy sources;
b) the amount of taxes or fees on the Travel Services included in the Agreement, levied by third parties not directly involved in the performance of the Package Travel, including tourist taxes, landing fees and departure or arrival taxes at ports and airports; or
c) the exchange rates relevant to the Package Travel.
If the price increase referred to in paragraphs 1 and 2 exceeds 8% of the price of the Package Travel, article 10.2 to 10.5 applies.
Regardless of its size, a price increase in the context of a Package Travel is only possible if the Travel Provider informs the Customer thereof no later than twenty days before the start of the Package Travel by email or post and in a clear and comprehensible manner, stating the reasons for that price increase and a calculation of it.
If the Package Travel provides for the possibility of price increases, the Customer is entitled to a price reduction corresponding to any decrease in the costs referred to in paragraph 2, under a, b and c, that occurs after the Agreement is concluded and before the start of the Package Travel.
In the event of a price reduction, the Travel Provider is entitled to deduct the actual administrative costs incurred from the refund due to the Customer. The Travel Provider shall evidence those administrative costs at the Customer's request.
ARTICLE 10. | AMENDING THE AGREEMENT BY THE TRAVEL PROVIDER
The Travel Provider is entitled to amend the Agreement that does not constitute Package Travel due to compelling circumstances communicated to the Customer immediately. The Customer may reject the amendment only if it does not concern an insignificant change. In the event of a rejection following a significant change, the Customer may, within a reasonable period set by the Travel Provider, accept the proposed change or terminate the Agreement, without the Travel Provider being obliged to provide any compensation other than reimbursement of the amounts already paid. The Travel Provider may unilaterally amend the terms of a Package Travel, with the exception of price changes as referred to in article 9, before the start of the Package Travel only if:
a) it concerns an insignificant change; and
b) the Travel Provider informs the Customer of this in a clear, comprehensible and prominent manner via a durable medium.
If the Travel Provider is forced, before the start of the Package Travel, to substantially alter one of the main characteristics of the Travel Services within the meaning of article 7:502 paragraph 1, point (a) of the Civil Code, or cannot meet the Customer's special requests which the Travel Provider agreed to, or proposes to increase the price of the Package Travel by more than 8% in accordance with article 9.3, the Customer may, within a reasonable period set by the Travel Provider:
a) accept the proposed change; or
b) terminate the Agreement without paying the cancellation costs referred to in article 7.
The Travel Provider shall inform the Customer immediately, in a clear, comprehensible and prominent manner via a durable medium, of:
a) the changes proposed in paragraph 2 and, where applicable in accordance with paragraph 4, their effect on the price of the Package Travel;
b) a reasonable period within which the Customer must inform the Travel Provider of their decision under paragraph 2;
c) the consequences of not responding within the period referred to in point b;
d) where applicable, the offered substitute Package Travel and its price.
When the changes to the Package Travel referred to in paragraph 2 or the substitute Package Travel referred to in paragraph 3 under d result in a reduction in the quality or costs of the Package Travel, the Customer is entitled to an appropriate price reduction.
If the Package Travel is terminated on the basis of paragraph 2 under b and the Customer does not accept a substitute Package Travel, the Travel Provider shall refund all amounts paid by or on behalf of the Customer immediately and in any event no later than fourteen days after the Agreement is terminated to the Customer. Article 16.2 to 16.9 applies accordingly.
Insignificant changes within the meaning of paragraph 1 include, but are not limited to, changes in activity providers, changes in accommodation where the new accommodation is of comparable quality, location and price, and changes that otherwise have no material effect on the trip. The Travel Provider offers no compensation or refund as a result of insignificant changes.
ARTICLE 11. | CHANGING THE AGREEMENT BY THE CUSTOMER AND GROUP BOOKINGS
Changing the Agreement at the Customer’s request is only possible if the Travel Provider expressly agrees, without prejudice to the provisions in the following paragraphs of this article.
For each change accepted by the Travel Provider at the Customer’s request, the Travel Provider is entitled to charge reasonable administration fees per traveller to whom the change relates. If the change results in a higher price for the amended Travel Service or brings other costs, that increase and/or those other costs shall be borne by the Customer, in addition to the administration fees.
If the Agreement is concluded for a group of travellers, including bookings made by companies, associations or other organisations, the number of travellers stated when the Agreement is formed is indicative if this follows from the nature and/or purpose of the Agreement. In that case, unless expressly agreed otherwise in writing, the Customer has the right to reduce the number of travellers up to 90 days before the departure date, provided that this downward change is limited to a maximum of 20% of the number of travellers stated when the Agreement was concluded. An increase in the number of travellers is only possible insofar as, in the Travel Provider’s opinion, sufficient availability exists. The Travel Provider is not obliged to accept such an increase.
Changes must be notified in writing and will only be binding once confirmed in writing by the Travel Provider.
If a downward change as referred to in paragraph 3 takes place, the Travel Provider has the right to adjust the price of the Agreement based on the revised number of travellers, including by applying a different price per person, allowing group discounts to lapse or adjusting the composition of the Travel Services.
If the downward change desired by the Customer exceeds the limit referred to in paragraph 3, it will be treated as a partial cancellation to which article 7 applies accordingly.
After the 90-day period before departure referred to in paragraph 3 has expired, the number of travellers shall be deemed final and reductions are only possible in accordance with article 7.
If the price of the Agreement is wholly or partly based on full occupancy of a room, studio, apartment or other accommodation unit, and that full occupancy is not achieved, the Travel Provider is entitled to charge the Customer the associated additional charge, empty-bed supplement or cancellation fee, unless expressly agreed otherwise in writing.
ARTICLE 12. | SUSPENSION AND TERMINATION
The Travel Provider is authorised to suspend the further performance of the Agreement if, and for as long as, the Customer fails to comply with its obligations under the Agreement that are already due and payable, including those set out in these general terms and conditions and the travel information document, unless the Customer’s failure, given its particular nature or minor significance, does not reasonably justify such suspension and its consequences.
The Travel Provider is authorised to terminate the Agreement in whole or in part with immediate effect if the Customer fails to perform its obligations under the Agreement, fails to do so on time, or fails to do so in full, unless the Customer’s failure, given its particular nature or minor significance, does not reasonably justify such termination and its consequences.
Unless the Customer has already fully complied with its (future) payment obligations towards the Travel Provider, the Travel Provider is entitled to terminate the Agreement in whole or in part with immediate effect if the Customer is declared bankrupt, any attachment has been made to its assets, or it is otherwise unable to freely dispose of its assets.
The Customer shall never be entitled to any form of compensation in connection with the right of suspension and/or termination exercised by the Travel Provider under this article.
The Customer is obliged to compensate the damage suffered by the Travel Provider as a result of the suspension or termination of the Agreement.
If the Travel Provider terminates the Agreement under this article, any outstanding claims against the Customer shall become immediately due and payable.
ARTICLE 13. | PRICES AND PAYMENT TERMS
No later than when the Agreement is concluded, the total price shall be stated, including taxes and other costs. Other costs do not include costs that are not inseparably connected with the Package Travel and/or Travel Services offered, such as the costs of additional (travel) services or other services performed and/or provided at the Customer's request by the Travel Provider or third parties. The latter costs shall be charged additionally to the Customer.
The published prices are based on the prices, levies and taxes known to the Travel Provider at the time of publication.
Unless expressly agreed otherwise in writing, the Customer shall pay 35% of the agreed price when the Agreement is concluded and the balance no later than 42 days before the departure date, unless the departure date falls within 42 days of the conclusion of the Agreement, in which case the Customer shall pay the full agreed price when the Agreement is concluded.
If and insofar as this has been agreed, the Customer is entitled to pay the amounts due in instalments. In that case, the instalments and payment dates set or agreed by the Travel Provider shall be deemed final deadlines, unless expressly agreed otherwise in writing.
If payment is made in instalments and the Customer does not pay an instalment on time, the full remaining amount shall become immediately due and payable, without prejudice to the Travel Provider's other rights.
The Travel Provider is entitled to have payments made in whole or in part by individual travellers, third parties designated by the Customer, or via a participant portal or other system. This shall not affect the fact that the Customer, acting as the contracting party, remains jointly and severally liable for full performance of the payment obligations under the Agreement.
Payments must be made in the manner specified by the Travel Provider, at the time specified by it or within the period specified by it. In the case of bank transfer, the Travel Provider applies a standard payment term of 14 days after the invoice date, but may deviate from this in individual cases.
The Travel Provider is entitled to issue the invoice due to the Customer exclusively by e-mail.
If the Customer, being a natural person not acting in the course of a profession or business, fails to meet his or her payment obligation on time, he or she shall only be in default after the Travel Provider has sent a written demand for payment within a period of fourteen days after the day of receipt of the demand, stating the consequences of non-payment. After expiry of this period without full payment, the Customer shall be in default and shall owe the statutory interest then applicable on the outstanding amount from the day on which default occurs until the day of full payment. If the Customer acts in the course of a profession or business, default shall occur by operation of law as soon as the payment term has expired, without any further notice being required. From that moment, the Customer shall owe the statutory commercial interest then applicable on the outstanding amount until the day of full payment, and the Travel Provider shall be entitled to charge the extrajudicial collection costs.
All reasonable costs, including judicial, extrajudicial and enforcement costs, incurred to recover the amounts owed by the Customer to the Travel Provider, shall be borne by the Customer.
ARTICLE 14. | TRANSFER OF A PACKAGE HOLIDAY
No later than seven days before the start of the Package Holiday, or in time for the necessary steps and formalities still to be completed, the Customer may transfer their legal relationship with the Travel Organiser to a third party who meets all the conditions of the Contract, provided that the conditions of the service providers involved in carrying out the Package Holiday do not object to the transfer.
If the request for transfer cannot be granted, the Travel Organiser will notify the Customer of this with reasons.
The transfer takes place by means of an agreement to that effect with the third party and written notice of this from the transferring Customer to the Travel Organiser. The transferring Customer and the third party shall be jointly and severally liable for payment of the remaining part of the travel price and for any additional fees, surcharges and other costs arising from the transfer. The Travel Organiser shall inform the person transferring the Package Holiday of the actual costs of the transfer. These costs must not be unreasonable and may not exceed the actual costs incurred by the Travel Organiser as a result of the transfer. The Travel Organiser shall provide the person transferring the Package Holiday with supporting documents for the additional fees, surcharges and other costs arising from the transfer.
ARTICLE 15. | COMPLIANCE AND COMPLAINTS IN PACKAGE TRAVEL
The Travel Provider is responsible for the performance of the Travel Services to which the Package Travel relates, regardless of whether these services are provided by the Travel Provider or by other service providers.
The Customer shall inform the Travel Provider immediately, taking into account the circumstances of the case, of any non-conformity identified by them during the performance of a Travel Service included in the Package Travel. ‘Non-conformity’ means that the Travel Service does not correspond with the agreed arrangements.
If one or more Travel Services are not performed in conformity with the Package Travel, the Travel Provider shall remedy the non-conformity, unless this:
a) is impossible; or
b) entails disproportionately high costs, taking into account the extent of the non-conformity and the value of the Travel Services concerned.
If the Travel Provider does not remedy the non-conformity by relying on paragraph 3(a) or (b), Article 16 shall apply.
Without prejudice to the exceptions in paragraph 3, if the Travel Provider does not remedy the non-conformity within a reasonable period set by the Customer, the Customer may do so themselves and request reimbursement of the necessary expenses. If the Travel Provider refuses to remedy the non-conformity or if it must be remedied immediately, the Customer does not have to set a time limit.
If a significant part of the Travel Services, including the Customer's return to the place of departure, cannot be carried out as agreed, the Travel Provider shall, without extra cost to the Customer, offer suitable alternative arrangements with a view to continuing the Package Travel, if possible of equal or higher quality than that specified in the Contract. If the proposed alternative arrangements result in a Package Travel of lower quality than that specified in the Package Travel, the Travel Provider shall grant the Customer an appropriate price reduction.
The Customer may reject the proposed alternative arrangements referred to in the previous paragraph only if they are not comparable with what was agreed in the Package Travel, or if the price reduction granted is inadequate.
If the non-conformity has a significant impact on the performance of the Package Travel and the Travel Provider has not remedied it within a reasonable period set by the Customer, the Customer may terminate the Package Travel without paying the cancellation charges referred to in Article 7 and, where applicable, request a price reduction and compensation in accordance with Article 16. If no alternative arrangements can be offered or the Customer rejects them in accordance with paragraph 7, the Customer shall, where applicable, be entitled to a price reduction or compensation under Article 16 even without terminating the Package Travel. If the Package Travel includes passenger transport, the Travel Provider shall also provide, in the cases referred to here, immediate repatriation of the Customer by equivalent transport and without extra cost to the Customer.
If, as a result of unavoidable and extraordinary circumstances, the Customer's return cannot be ensured as agreed, the costs of the necessary accommodation, if possible of an equivalent category, for up to three nights per Customer shall be borne by the Travel Provider.
. Without prejudice to the previous paragraph, the time limits laid down in the applicable European Union legislation on passengers' rights for the relevant means of transport for the Customer's return shall apply if those time limits provide for longer periods.
. The limitation of costs described in paragraph 9 shall not apply to persons with reduced mobility within the meaning of Article 2(a) of Regulation (EC) No 1107/2006 of the European Parliament and of the Council of 5 July 2006 concerning the rights of disabled persons and persons with reduced mobility when travelling by air (OJEU, L 204), nor to persons accompanying them, pregnant women, unaccompanied minors and persons requiring specific medical assistance, provided that the Travel Provider has been informed of their particular needs at least 48 hours before the start of the Package Travel.
ARTICLE 16. | COMPENSATION FOR NON-CONFORMITY IN PACKAGE TRAVEL
The Customer is entitled to an appropriate reduction in price for every period during which there was non-conformity as referred to in the previous article, unless the Travel Organiser proves that the non-conformity is attributable to the Customer.
The Customer is entitled to appropriate compensation from the Travel Organiser for all loss suffered by the Customer as a result of non-conformity, unless the Travel Organiser demonstrates that the non-conformity is due to:
a) the Customer;
b) a third party who is not involved in the performance of the Travel Services included in the Package Travel and the non-conformity could not have been foreseen or prevented; or
c) unavoidable and extraordinary circumstances.
The compensation is paid out immediately.
If an international convention to which the European Union is a party sets limits on the conditions under which providers of Travel Services that form part of a Package Travel must pay compensation, or on the amount of that compensation, those limits shall also apply to the Travel Organiser. If an international convention to which the European Union is not a party, but the Netherlands is, sets limits on compensation to be paid by a provider, those limits shall also apply to compensation to be paid by the Travel Organiser.
Without prejudice to the provisions of paragraph 4, the Travel Organiser may not exclude or limit any liability for loss in the context of a Package Travel if the loss:
a) consists of personal injury to the Customer; or
b) is caused by intentional or negligent acts or omissions of the Travel Organiser.
In the context of Package Travels, for loss other than that referred to in paragraph 5, the Travel Organiser's liability is limited to three times the package price.
The limitation period for bringing a claim for compensation in the context of a Package Travel is two years.
Any right to compensation or price reduction under these general terms and conditions shall be without prejudice to travellers' rights under Regulation (EC) No 261/2004 of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance to air passengers in the event of denied boarding and of cancellation or long delay of flights, and repealing Regulation (EEC) No 295/91 (OJ EU, L 46), Regulation (EC) No 1371/2007 of the European Parliament and of the Council of 23 October 2007 on rail passengers' rights and obligations (OJ EU, L 315), Regulation (EC) No 392/2009 of the European Parliament and of the Council of 24 November 2009 on the liability of carriers of passengers by sea in the event of accidents (OJ EU, L 131), Regulation (EU) No 1177/2010 of the European Parliament and of the Council of 24 November 2010 concerning the rights of passengers when travelling by sea and inland waterway and amending Regulation (EC) No 2006/2004 (OJ EU, L 334) and Regulation (EU) No 181/2011 of the European Parliament and of the Council of 16 February 2011 concerning the rights of bus and coach passengers and amending Regulation (EC) No 2006/2004 (OJ EU, L 55), and international conventions.
The compensation or price reduction under these general terms and conditions and the compensation or price reduction granted under the regulations and international conventions referred to in the previous paragraph shall be set off against each other.
ARTICLE 17. | ASSISTANCE AND SUPPORT
The Travel Provider is obliged to provide the Customer with immediate assistance and support if the Customer is in difficulty, including the circumstances referred to in Article 15.9, in particular by:
a) providing clear information on medical services, local authorities and consular assistance;
b) helping the Customer use distance communication and find alternative travel arrangements.
If the difficulties arise as a result of the Customer’s intent or negligence, the Travel Provider may charge a reasonable fee for the assistance and support provided. In no case shall that fee exceed the actual costs incurred by the Travel Provider.
The Travel Provider will help find medical care where necessary, but cannot be held liable if such medical care cannot be found or is not effective.
ARTICLE 18. | GUARANTEE SCHEME
To meet the legally required guarantee, the Travel Provider uses SGR. The Customer can consult the guarantee scheme applicable to the Travel Provider via the information channels made available for that purpose by SGR. All information about SGR and the applicable guarantee scheme can be found on the SGR website.
Each offer of a Package Travel clearly states that the SGR guarantee applies. The guarantee scheme explains what that guarantee entails and which conditions apply.
If the travel services that form part of a Package Travel are not provided in full and/or on time due to the Travel Provider's financial inability, the guarantee provided by SGR will be executed in accordance with the applicable SGR guarantee scheme.
If and insofar as the Calamities Fund scheme also applies to the travel offered, this will be stated in the offer for the relevant trip. In that case, the guarantee scheme of the Calamities Fund also applies to the relevant trip and the terms and conditions of the Calamities Fund apply.
If a calamity occurs to which the Calamities Fund scheme applies, the Customer may claim the rights and compensation insofar as, and as, these arise from the applicable Calamities Fund scheme.
ARTICLE 19. | GENERAL LIABILITY
If Travel Services are carried out in whole or in part by third parties, the Travel Provider shall, without prejudice to the provisions of Articles 15, 16, 17 and 18, not be liable for acts, omissions or failures of those third parties, unless and to the extent that it concerns a Package Holiday and the Travel Provider is subject to mandatory liability in that respect.
Travellers taking part in particularly physically demanding activities must, if in doubt about their physical and/or mental health, consult their personal doctor and check whether they are fit enough to undertake such activities.
Participation in activities organised by the Travel Provider involves risks inherent to such activities. These include, but are not limited to, risks associated with transport, accommodation, weather conditions, snow and ice conditions, use of slopes, lifts and other facilities at the destination, participation in activities, local conditions, limited access to medical care and difficulties in evacuation in the event of a medical emergency. The Customer agrees, without prejudice to the provisions of Articles 15, 16, 17 and 18, to accept all risks inherent in such activities and indemnifies the Travel Provider against all claims of any kind whatsoever relating to those inherent risks, to the extent that the damage is not the result of a failure attributable to the Travel Provider or another circumstance for which the Travel Provider is legally liable. The Customer also hereby agrees, without prejudice to the provisions of Articles 15, 16, 17 and 18, to hold the Travel Provider harmless and indemnify it if a third party brings a claim against the Travel Provider arising from the Customer's conduct or from risks which, under the Agreement or these terms and conditions, are at the Customer's expense.
If the Customer is not fit enough for long, strenuous or otherwise demanding activities as a result of a chronic illness, heart condition, physical disability, mental disorder or advanced pregnancy, the Customer is not permitted to take part in such activities. The Travel Provider reserves the right at any time to refuse a Customer participation in an activity if the Travel Provider considers that person unfit to take part in the relevant activity or if they do not follow the instructions of the Travel Provider, tour leader, driver, guide or other service provider involved, without the Travel Provider being liable for any compensation. The foregoing does not affect the fact that participation in activities is always at the Customer's own risk.
The Travel Provider is not liable for damage resulting from incorrect or incomplete information provided by the Customer.
The Travel Provider is not liable for printing or typing errors on its website, in its brochures, quotations, promotional material or other communications.
For damage caused by death or injury inflicted by third parties, damage resulting from crime committed by third parties, delays, strikes, changes in transport, transport cancellations, weather conditions, natural disasters or other forms of force majeure, the Travel Provider shall, without prejudice to the provisions of Articles 15, 16, 17 and 18, not be liable.
The Travel Provider shall, without prejudice to the provisions of Articles 15, 16, 17 and 18, not be liable for indirect damage, including loss of profit, nor for damage resulting from theft, loss of property or injury or accident suffered by or caused to the Customer, unless and to the extent that such damage is the result of a failure attributable to the Travel Provider or another circumstance for which the Travel Provider is legally liable. Likewise, subject to the provisions of Articles 15, 16, 17 and 18, no liability is accepted for damage arising from the use of any accommodation or means of transport used during the travel period, insofar as such damage cannot be attributed to the Travel Provider. The Travel Provider is also not liable for damage caused by unlawful or illegal conduct of the Customer during the travel period.
The Travel Provider is not liable for any possible damage caused by misconduct such as, but not limited to, aggression, drunkenness, skiing under the influence, off-piste skiing where this is not permitted, ignoring slope, lift or other safety rules, or other risky or unauthorised conduct by the Customer. If the Customer is refused entry to or removed from accommodation, transport, ski area or other facility as a result of misconduct or failure to follow instructions from authorised staff, this shall be at the Customer's own expense and risk. The Travel Provider provides no refunds in these cases.
The Travel Provider is not liable for loss of coins and loss of or damage to negotiable documents, gold, silver, jewellery, ornaments, works of art or other valuables.
Without prejudice to the provisions of Articles 15, 16, 17 and 18, the liability of the Travel Provider is limited to a maximum of the invoice value of the Agreement, or at least that part of the Agreement to which the Travel Provider's liability relates, on the understanding that the liability of the Travel Provider shall never exceed the amount actually paid out in respect of the relevant case under the Travel Provider's liability insurance policy, plus any excess applicable to the Travel Provider under that policy.
ARTICLE 20. | FINAL PROVISIONS
Dutch law shall apply exclusively to each Agreement and all legal relationships arising therefrom between the Parties.
Before having recourse to the courts, the Parties are obliged to use their best endeavours to settle disputes by mutual agreement.
Only the competent court within the district of the Amsterdam District Court shall have jurisdiction at first instance to hear any legal disputes between the Parties, without prejudice to the Travel Provider's right to designate another court competent under the law. However, the Customer is entitled to choose the court competent under the law within one month after the Travel Provider has notified in writing that it intends to bring proceedings before the court designated by it.
