TRAVEL CONDITIONS ELISABETH TRAVEL
Article 1, part 1
These booking
conditions cover the following definitions:
a.
Elisabeth
Travel: the company that in its own name offers accommodation to the public
and/or already organized tours
b.
Travel
agreement: the agreement through which E.T. commits itself, to the opposite
party, to the provision of accommodation or the already organized tour,
consisting of one overnight stay or a period of more than 24 hours, as well as
at least two of the following services:
1.
transport
2.
accommodation
3.
some
other tourist service, not related to transport or accommodation, but being a
significant part of the tour.
c.
Client:
A. The
opposite party to Elisabeth Travel or
B.
The
person(s), whose needs are answered by the stipulated tour and who has accepted
the stipulation or,
C.
The
person(s) to whom, in accordance with article 8 of these booking conditions,
the legal relationship to Elisabeth Travel has been transferred
d.
Renter:
He who contractually has given the assignment to Elisabeth Travel to act as
mediator concerning the rent of the accommodation
e.
Carrier:
He who, on behalf of the client, offers means of transport to or at the place
of destination and who requested Elisabeth Travel to mediate between carrier and client
f.
Working
days: Monday up to and including Saturday, except for recognized holidays
g.
Office
hours: Monday up to and including Friday from 15.00 – 22.00 hrs. and
Saturday 10.00 – 14.00 hrs., except for recognized holidays.
h.
Administration
costs: all costs made by Elisabeth Travel as a result of concluding, changing
or cancelling of a travel agreement
i.
Communication
costs: the costs of telephone and fax.
These booking
conditions are applicable to all travel agreements, concerning own means of
transport, as well as agreements concerning other tours, on the condition that
these are stated in publications of Elisabeth Travel.
The sums, stated in
these conditions, include VAT, where ever applicable.
Article 2, part 1
The travel agreement
is reached by the travellers' acceptance of the offered tour by Elisabeth
Travel.
Article 2, part 2
The offer of
Elisabeth Travel is free of obligations and can, if necessary, be withdrawn by
Elisabeth Travel. Withdrawal should take place as swiftly as possible, but at
the latest within 8 office hours after acceptance, with a statement of the
reasons. Withdrawal on behalf of corrections in the price of the tour is
allowed; withdrawal on behalf of increased prices is only allowed if the needs
of article 4 is met.
Article 2, part 3
In order to conclude
the agreement and the implementation thereof, the traveller shall provide
Elisabeth Travel with the necessary information about himself and possible
fellow travellers.
Also the client is
responsible to provide Elisabeth Travel with the necessary information about
composition or quality of the several other clients that might concern the
adequate execution of the tour. If the client does not meet with the
obligations of information this can lead to exclusion of any participant,
according to article 15, part 2; in that case the client will be charged with
all the costs, mentioned in this article.
Article 2, part 4
A person who, in the
name of or acting on behalf of another person, concludes a travel agreement, is
severally responsible for all obligations ensuing from the agreement. The
(other) traveller(s) is (are) responsible for his (their) own share.
Article 2, part 5
If the agreed tour
is included in a publication issued by Elisabeth Travel, the facts contained
therein become part of the agreement. If Elisabeth Travel has included general
conditions in the general part of the programme, and these should be in
conflict with the booking conditions, the most favourable stipulations are
applicable to the traveller.
Elisabeth Travel is
not bound by obvious faults and mistakes in a publication.
On medicals grounds
(medical essentials) deviations from or additions to the tour offered by
Elisabeth Travel can be requested. Elisabeth Travel shall make a realistic
effort in order to carry out such a request, unless this can, in all
reasonableness, not be demanded of her.
Medical essentials
require the explicit written consent of Elisabeth Travel.
Elisabeth Travel, in
this case has the right, to charge the following costs:
a. for the deviating
or additional organizational costs, up to Û 25,00 per booking
b. extra
administration- and/of communication costs, if the amount under a is
insufficient
c. possible extra
costs ensuing from charges by providers involved in the implementation of the
tour
Article 2, part 6
If, with tours, in
which transport is included, the length of the tour is stated in days, then the
days of arrival and departure are calculated as whole days. Times of departure
and arrival, regarding the transport components of the tour, shall be mentioned
in the travel documents. These times are definite. Only on the grounds of
legitimate reasons and within reasonable limits Elisabeth Travel can deviate.
In those cases the articles 11 and 12 are not applicable.
Article 2, part 7
Elisabeth Travel
does not bear any responsibility for photographs, brochures an other
informational material, as far as issued under responsibility of third parties.
Article 3 Payment
Article 3, part 1
When reaching the
agreement a sum (down payment) must be paid, as stated on the booking
confirmation, sent to the client. This down payment is 30% of the total amount.
Article 3, part 2
The remainder of the
fare must be paid at last six weeks before the day of departure (for own
transport tours before the arrival date at the first booked accommodation).
A client who does
not pay on time is in default. In that case he will be notified in writing by
Elisabeth Travel and then he still has the possibility to pay the owing amount
within 7 working days. If the payment is then still not made, the agreement is
considered as being cancelled on the day of default.
Elisabeth Travel is
then entitled to charge the cancellation costs owed. In that case the
stipulations of article 9 are applicable and shall the previously paid money be
taken into account when determining the cancellation costs.
Article 3, part 3
If the travel
agreement between client and Elisabeth Travel is reached during the six weeks
period before the day the contract becomes effective, then the client is
obliged to pay the total amount after receiving the booking confirmation/bill.
Article 4 .Travelling amount
Article 4, part 1
The published amount
is applicable per person or accommodation, unless otherwise stated. Included
are the services and arrangements stated in the publication.
Article 4, part 2
The published amount
as stated in art. 4 part 1 is based on the prices, levies and taxes, such as were
known to Elisabeth Travel at the time of publication.
Article
4, part 3
As long
as the complete amount is not paid, Elisabeth Travel is entitled to increase
the price up till 20 days before the day of the beginning of the contract, as
consequence of a change in transport- or other costs. Elisabeth Travel shall
indicate in what way the increase has been calculated. The changes in question
can also give rise to a decrease in the fare, unless this, bearing in mind the related costs, can not be
demanded of her in all reasonableness.
Article 4, part 4
After the whole
amount has been paid on time Elisabeth Travel shall not change the amount during
the time period of six weeks before the day of departure (for own transport
tours, before the arrival date at the first booked accommodation). Only in the
case of an extreme increase of the fuel costs can Elisabeth Travel, up un till
20 days before the day of departure, deviate from this stipulation.
Article 4, part 5
The client is
entitled to reject an increase in the amount as stated in the articles above.
He is bound – under threat of default – to make use of this right
within 3 working days after receiving the announcement about the increase. If
the client rejects the increased amount Elisabeth Travel has the right to
cancel the agreement. The client is bound – under threat of default
– to make use of this right within seven days after receiving the
announcement about the increase. Only in that case the client is entitled to
exoneration or immediate reimbursement of already paid monies. The articles 11
and 12 are not applicable.
Article 5, part 1
The client has to be
in the possession of the necessary travel documents before departure, such as a
valid passport, green card, driving license and vignettes for passing through
other countries.
Article 5, part 2
If the client should
not be able to make the complete tour, due to the lack of the necessary
documents, then he shall bear all the financial costs or other consequences
entailed, unless Elisabeth Travel has undertaken to care for that document and
the lack of it can be attributed to her, or when Elisabeth Travel has failed in
her duty to provide information, as specified in the following part.
Article 5, part 3
At the latest on the
reaching of the travel agreement Elisabeth Travel shall provide general
information regarding passports, visa and information regarding health
regulations to her client. The client himself shall obtain the necessary
complementary information from the relevant authorities and shall verify
– in good time before departure – whether or not the earlier
received information has not been changed between times.
Article 5, part 4
By or on behalf of
Elisabeth Travel the client shall be provided with information as to the
opportunity for taking a travel- or cancellation insurance.
The necessary travel
documents shall be placed in the possession of the client at least ten days
before the day of departure ( for own transport tours before the arrival date
at the first booked accommodation), unless this period has to be exceeded for
the justifiable reasons.
Article 7, part 1
After reaching the
agreement the client can request for alterations. Up until 28 days before
departure (for own transport tours before the date of arrival at the first
booked accommodation), these alterations will be implemented as far as
possible, and in that case they will be confirmed in writing by Elisabeth
Travel. Here the condition is applicable that the client pays the altered fare
according tot the ruling of article 3 under deduction of the already paid
money. Furthermore the client is obliged to pay the administrations costs ad Û
25,00 per booking and also to pay possible communication costs.
Article 7, part 2
The decision upon a
request shall be made as soon as possible. Any refusal will be accompanied by
the reasons thereto. The client can either retain or cancel the original
agreement. In the first case article 9 is applicable. If the client does not
react to the refusal of his request Elisabeth Travel shall execute the original
agreement.
Article
7, part 3
In
general, alterations are not possible, later than 28 days before the day of
departure (for own transport tours before the date of arrival at the first
booked accommodation).
Article
8 part 1
In good
time before the commencement of the tour the client is allowed to have
him/herself be replaced by another person. The applicable conditions are:
a. The
other person conforms to all the conditions contained in the travel agreement
and
b. The
request is submitted at the latest 7 days before departure, or so early that
the necessary arrangements and formalities can be
implemented and
c. Those
involved in the provision of accommodation/services do not object to this
substitution.
Article 8,
part 2
The
client and the person who replaces him of her are severally responsible towards
Elisabeth Travel for the payment of the still-owing part of the fare, the cost
for alteration or administration as mentioned in the article 7, part 1, and possible extra costs resulting from the substitution.
Article
9, part 1
A travel
agreement has to be cancelled by way of Elisabeth Travel. Each client must pay
Û 27,00 administration costs per booking, this apart from possible cancellation
costs. For cancellations of all agreements to which these stipulations are
applicable, applies the section 1.1. For cancellations concerning own transport
tours the stipulations mentioned under sections 1.2 and 1.3 are applicable.
If a tour consists of different parts, to
which different cancellation regulations apply, then these specific, different
regulations become applicable.
In
general (section 1.1.):
a. On
cancellation up until 56 days before the day of arrival in the first booked accommodation: at least Û 34,00 per person up to a
maximum of 25% of the
travelling amount
b. On
cancellation as from (and including) the 56th day up until the 28th
day before the day of arrival in the first booked accommodation the
down payment up to minimum of 30% of the travelling
amount
c. On cancellation
as from (and including) the 28th day up until the 14th
day before the day of departure: 60% of the travelling amount
d. On
cancellation as from (and including) the 14th day up until the day
of arrival in the first booked accommodation: 90% of the travelling
amount
e. On
cancellation on the planned day of arrival in the first booked accommodation or
later, the total travelling amount.
Own
transport tours accommodation units (section 1.2.):
a. On
cancellation up until 42 days before the day of arrival in the first booked
accommodation: 30% of the travelling amount.
b. On cancellation
as from (and including) the 42nd day up until the 28th
day of arrival in the first booked accommodation: 60% of the
travelling amount.
c. On cancellation
as from (and including) the 28th day up until the day of arrival in
the first booked accommodation: 90% of the travelling
amount.
d. On cancellation on the day of arrival or
later: the total travelling amount.
Own transport
hotel accommodation (section 1.3.):
a. On
cancellation up until 42 days before the day of arrival in the first booked
accommodation: 10% of the travelling amount.
b. On
cancellation as from (and including) the 42nd day up until the 28th
day before the day of arrival in the first booked accommodation:
30% of the travelling
amount.
c. On
cancellation as from (and including) the 28th day up until the 7th
day before the day of arrival in the first booked accommodation: 60%
of the travelling amount.
d. On
cancellation as from (and including) the 7th day up until the day of
arrival in the first booked
accommodation: 75% of the travelling
amount.
e. On
cancellation on the day of arrival or later in the first booked accommodation:
the total travelling amount.
Article
9, part 2
The in this article mentioned cancellation
costs shall not exceed the total travelling amount.
Article
9, part 3
If the
client can demonstrate, that the damage suffered by Elisabeth Travel is less
than the sum indicated in the first article, then the client will be charged
for the lower costs.
Article
9, part 4
In the
case that there is no cancellation, but the client chooses for substitution,
article 8 becomes applicable
Article
9, part 5
To some
accommodations, tours or parts of the tour, for example scheduled tours, deviating cancellation
regulations can be applicable, however only if this has been clearly stated in
the related publications beforehand.
Article 9,
part 6
a. The
cancellation of an agreement, by one or more travellers, who have jointly
booked accommodation in a hotel room, apartment,
holiday flat or other
accommodation serves as the cancellation of all agreements, so that all the
sums, as stipulated in the parts above
have to be paid by the clients.
b. If
the remaining clients so wish and if the size of their group falls in the price
column for his accommodation, the respective agreements
remain in tact. What is
stipulated under sub heading c is then applicable.
c. The
clients, mentioned in sub heading b have to pay the fare as indicated in the
price column for the remaining number of clients.
d. If
the remaining clients wish to enter a new agreement for the same period and the
same accommodation, the cancellation charge
received for the remaining
client(s) will be deducted from the new fare. Furthermore, the total sum of the
cancellation fee and
increased travelling amount
shall never exceed the travelling amount for the original clients.
Article 9,
part 7
A
cancellation by the client will only be executed on working days and during office hours. Cancellation
outside these office hours shall be executed on the next ensuing working day.
Elisabeth
Travel is entitled to cancel the agreement with immediate effect, if the number
of applications is less than the required minimum total as stated in the
publication. The cancellation shall take place in writing en within the time
period stated in the publication. Articles 11 and 12 are not applicable.
Article
11, part 1
Elisabeth
Travel is entitled to alter the agreement upon provision of service on one or
more essential points, due to grave circumstances.
"Grave
circumstances" is considered as being circumstances of such a nature that
no further commitment by Elisabeth Travel to the agreement, can reasonably be
demanded.
If the
reason for the alteration can be attributed to the client, any ensuing damages
shall be borne to the client.
If the
reason for the alteration can be attributed to Elisabeth Travel, or ensuing
costs shall be borne by Elisabeth Travel. Whether or not this is the case, will
be verified according to the stipulations in article 12.
If the
cause of the alteration can be attributed neither to Elisabeth Travel nor to
the client, both parties bear their own damages, as stated in article 13.
If
Elisabeth Travels saves money through the alteration, the client is entitled to his/her share of the amount saved.
Article
11, part 2
Elisabeth
Travel must, within 48 hours (two working days), after the commencing of the
grave circumstances, submit a proposal of alteration to the client in the form
of an alternative offer. This obligation lapses if the reason for the alteration
can be ascribed to the client. The client can reject the alteration(s).
Article
11, part 3
The
alternative offer shall be at least equivalent to the original offer. The
equivalence of alternative accommodation has to be judged according to objective
criteria and should be determent according to the following circumstances,
which shall be apparent from the alternative offer:
1. The
location of the accommodation at the place of destination
2. The
type and class of the accommodation
3. Other
facilities offered by the accommodation
In the
above mentioned judgement the following has to be taken in account:
1. The
composition of the tour group
2. The
particular characteristics of the client(s) in question, as known to Elisabeth
Travel and confirmed by her in writing
3. The
clients' desired deviations from the program or additions thereto, such as
confirmed in writing by Elisabeth Travel
4. The
documented, personal circumstances upon application by the client(s) as being
of essential importance.
Article 11,
part 4
If the
offer by Elisabeth Travel mentioned in article 11, part 2, is not accepted than
article 6 becomes applicable.
Article
11, part 5
Elisabeth
Travel is allowed to alter the agreement on a non-essential point, due to grave
circumstances, which have to be communicated to the client directly. In such a
case the client can only reject the alteration if it places him at a
disadvantage of more than limited magnitude.
Article
11, part 6
If the client makes use of his right to
reject the alteration or the alternative offer as mentioned above, he is bound,
within three working days after the notification of the alteration, to notify
Elisabeth Travel. In that case Elisabeth Travel is entitled to cancel the
agreement with immediate effect.
Elisabeth
Travel is bound – under threat of default – to make use of this
right within 7 working days after receiving the clients' statement about the
alteration. In that case the client is entitled to exoneration or reimbursement
of the fare (or if the tour has already been partly used, reimbursement of a
proportional part of it).
Within
two weeks, without prejudice to his possible right for damages as mentioned in
part 7 of this article.
Article
11, part 7
In the
case of cancellation as specified in the previous part, Elisabeth Travel
reimburses the client for damages suffered, unless the cancellation is the
result of force majeure as mentioned in article 12,
part 4. Overbooking is not included.
Article
11, part 8
1. If,
after the client(s) departure a significant part of the services, concerning
the agreement is not fulfilled by Elisabeth Travel, or she
discovers that she might
not be capable to full fill an important part of the services, Elisabeth Travel
takes care that suitable, alternative
measures are taken, having
in mind the continuation of the tour.
2. If
such re-arrangements should prove impossible, or if due to sound reasons is not
acceptable for the client, Elisabeth Travel will provide
the client(s) with an
equivalent means of transportation to bring the client(s) back to the location of departure or to
another location for
return, in mutual agreement
with the client(s).
3.
Damage to the client as a result from this alteration shall be borne by
Elisabeth Travel, if the default in the implementation of the
agreement can be ascribed
to her in accordance with the stipulation in article 12.
Article
11, part 9
Elisabeth Travel, is, without prejudice to
the stipulation in article 15, part 1, obliged to inform the client as to any
alteration implemented by her, in the departure time. (with own transport
tours, the time of arrival). This obligation does not apply to the return tour,
if the clients only have booked for transport and/or the address of the
clients' accommodation is not known.
Article
12 Force majeure and liability
Article
12, part 1
Without
prejudice to the stipulation in the articles 10, 11, 13, 14 and 15, Elisabeth
Travel is obliged to execute the agreement in accordance with the expectations
that the client, in all reasonableness may have on the grounds of the
agreement.
Article
12, part 2
If the
tour should not turn out according to the expectations in art 1, the client is
obliged to communicate this as soon as possible to the parties concerned as
meant in the article 17, part 1.
Article
12, part 3
If the
tour should not turn out in accordance with the expectations as stipulated in
part 1, Elisabeth Travel is obliged to reimburse possible damage, unless the
default in the compliance cannot be ascribed to her or to the person whose
assistance she uses in the executions of the agreement, because:
a. The
default in the execution of the agreement can be ascribed to the client or,
b. The
default in the execution of the agreement could not be foreseen or could not be
ended and not be ascribed to a third party, who did
not take part to the
services of this tour, or
c. The
default in the execution of the agreement can be ascribed to an occurrence,
which Elisabeth Travel or the party whose assistance
she uses in the execution of
the agreement, taking into account all possible care could not be foreseen,
avoided or remedied, or
d. The
default in the execution of the agreement can be ascribed to force majeure as meant in part 4 of this article.
Article
12, part 4
Force majeure is interpreted as abnormal and unforeseen
circumstances, independent from the will of the party who pleads it and of
which the consequences, in spite of all precautionary measures, could not have
been avoided or foreseen.
Article 13, part 1
Elisabeth Travel is,
according as to the circumstances, obliged to help and support the client if
the tour does not turn out according to the expectations which the client may
have, in all reasonableness, on the grounds of the agreement.
If the course can be
ascribed to the client, Elisabeth Travel is only obliged to provide help and
support to such a degree as, in all fairness can be required of her. In that
case the costs are to be borne by the client.
Article 13, part 2
If the tour does not
turn out according to the expectations the client might have, due to
circumstances that cannot be ascribed nor to the client neither to Elisabeth
Travel, each will bear its own damages.
Article 14, part 1
If Elisabeth Travel,
on the grounds of article 12 is held responsible for damage suffered by the
client her liability shall be limited or ruled out in accordance with the
applicable international treaties. Nor is she liable for damage for which a
claim for compensation consists on account of a tour and/or cancellation costs
insurance.
Article 14, part 2
If Elisabeth Travel
is liable to the client for the loss of
travelling pleasure, the compensation amounts, at the most, to the
equivalent of one time the tour fare.
Article 14, part 3
Without prejudice to
the stipulations in the above parts of this article, the liability of Elisabeth
Travel for damages other than coursed by the death of or injury is restricted
to at the most three times the fare, unless there is a question of intention or
flagrant guilt on the part of Elisabeth Travel; in that case her liability is
unlimited.
Article 14, part 4
The rulings out
and/or limitations of the liability of Elisabeth Travel, as included in this
article, are also applicable on behalf of the employees of Elisabeth Travel,
the booking office and providers of service as well as there personnel, unless
this is ruled out by treaty or law.
Article 15, part 1
The client(s) is/are
under the obligation to conform to all instructions by Elisabeth Travel in the
promotion of a satisfactory execution of the tour and is/are liable for damage
coursed by his/there improper behaviour, as judged according to the criteria
for the correct behaviour of a client.
It is up to each
traveller to verify, at the latest 24 hours before the announced time of
departure of the return journey, the exact time of departure.
Article
15, part 2
The client, who causes or who threatens to
cause hindrance or nuisance, so that satisfactory execution of a tour is
thereby considerably impeded or can be impeded, can be excluded from the
(continuation of the) tour by Elisabeth Travel, if it cannot be reasonably be
demanded of her that she keeps to the agreement. All resulting costs shall be
borne by the client, if and in so far as the consequences of hindrance or
nuisance can be ascribed to him. If and in so far as the cause of the exclusion
cannot be ascribed to the client, he will be reimbursed with the total fare or
a part of the fare.
Article
16 Interest and collection
costs
The client, who has not, on time, full
filled a financial obligation to Elisabeth Travel, is - apart from the still
owing amount – under the obligation to pay interest of 1% for each
delayed month or part thereof. Furthermore he is obliged to reimburse extra
judicial collection costs equal tot 15 % of the amount owing, with a minimum of
Û 45,00, unless this amount taking into consideration the collection
activities, is insufficient.
Article 17,
part 1
An
established fault in the execution of the agreement as stipulated in article
12, part 2, shall be reported as soon as possible to the provider of services
in question, so that the letter can implement a suitable solution. If the fault
cannot be resolved within a reasonable period and if it causes a deviation from
the quality of the tour, this must be reported immediately to Elisabeth Travel.
If the caretaker/tour leader is not present or cannot be contacted, then the
client should immediately get into contact with Elisabeth Travel. The
communication costs will be reimbursed by Elisabeth Travel, unless it is
apparent that, in all fairness, these costs were avoidable.
Article
17, part 2
If, even
then, the fault is not satisfactorily resolved, according to the wishes of the
client, and gives cause to present a complaint, the client should report this
as soon as possible to Elisabeth Travel (report of complaint).
If a
complaint cannot be satisfactorily resolved, according to the wished of the
client, it must, at the latest within 1 month of return to the home address, be
reported in writing accompanied by motivation and submitted to Elisabeth
Travel.
Article
17, part 3
If a
complaint is not satisfactorily resolved on time or if no satisfaction has been
achieved, the client – if so desired – can, within a period of a
maximum of three months after the completion of the tour (or after the original
date of departure) submit the complaint in writing to the Board of Arbitration,
PO box 90600, 2509 LP The Hague. The Board of Arbitration will issue a verdict
according to the conditions, stipulated in the relevant code. The verdict of
the Board of Arbitration is executed by means of a ruling, which is binding to
both parties. For the processing of a complaint a fee must be paid.
Article
17, part 4
The client, who does not wish to avail
himself of the procedure of binding advice as stipulated in article 17, part 3,
is entitled to turn to an appointed judge. This right to judgement expires 1
year after the conclusion of the tour, as mentioned in the agreement. If the
tour has not been executed: 1 year after the original date of departure or 1
year after the date of arrival at the first booked accommodation, as mentioned
in the agreement.