Content
Article 1 – Definitions.
Article 2 – Applicability of conditions.
Article 3 – Formation of Agreement
Article 4 – Information by the Organizer
Article 5 – Information by the Traveler
Article 6 – Payment.
Article 7 – Substitution.
Article 8 – Changes by the Traveler
Article 9 – Cancellation by the Traveler
Article 10 – Price change.
Article 11 – Amendment by the Organizer
Article 12 – Cancellation by the Organizer
Article 13 – Responsibility & Deficiencies.
Article 14 – Assistance and support.
Article 15 – Attribution, force majeure and exclusions of liability.
Article 16 – Traveler Obligations
Article 17 – Complaints.
Article 18 – Other provisions.
Article 1 - Definitions
Organizer: Alltractive, registered under Chamber of Commerce number 82646422.
Traveller: any person who wishes to enter into an agreement with the Organizer regarding a Trip and any person who has the right to travel by virtue of 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 a part of the Trip, such as accommodation providers, carriers, external guides, etc.
Agreement: the agreement relating to the booked Trip, including these Terms and Conditions.
In writing : in writing or by electronic means, including by e-mail.
Terms and Conditions: these general terms and conditions.
Package holiday: a package holiday within the meaning of the law.
Trip : a Package Holiday or, if the Conditions have been declared applicable thereto, a single Travel Service.
Working days : Monday to Friday, excluding public holidays recognized in the Netherlands, within working hours (9:00 AM to 5:00 PM Dutch time).
Article 2 – Applicability of conditions
2.1 Package holidays
These Terms and Conditions apply to all Package Travel offered by the Organizer or agreed with the Organizer.
2.2 Travel services
These terms and conditions may also apply to Travel Services that do not constitute a package tour. Title 7a of Book 7 of the Dutch Civil Code, which governs package travel agreements, does not apply in that case. These Travel Services are not protected against the Organizer's insolvency, unless the offer explicitly states which party provides coverage 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 have precedence over these Conditions.
The booking
Article 3 – Formation of Agreement
3.1 Content of offer
The offered Trip includes only the services and amenities expressly described in the Organizer's quote and publications. Information in Travel Service Provider publications is not part of the offer, regardless of whether a link to it is included in the Organizer's offer. The stated trip duration is indicated in whole days, with the day of departure and arrival 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 17.00 p.m. on the next Business Day.
3.3 The booking
The Agreement will be concluded as soon as the Traveler accepts the Organizer's offer and subject to availability of the Trip.
3.4 Obvious errors
Obvious errors in the offer are not binding on the Organizer. If there is any reason for doubt, the Traveler should inquire.
3.5 Preferences
No rights can be derived from preferences communicated by the Traveler unless the Organizer has confirmed in writing that it will honor the preference. Simply stating the preference on travel documents and the booking confirmation is insufficient for this purpose.
3.6 Special requirements
If the Traveler indicates medical requirements or other compelling reasons to the Organizer when booking, the Organizer will assess whether the Organizer can meet these requirements. If the Organizer is unable or unwilling to meet the requirements, the Agreement will not be concluded. The Organizer may implement a price adjustment in accordance with the stated requirements.
3.7 Confirmation of the booking
After booking the trip and checking availability, the Organizer will send a booking confirmation.
3.8 Revocation by traveler
A booking for 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 legal age.
3.10 Books 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 share. The confirmation, invoice, travel documents, and all other communications will be sent only to the Traveler who makes the booking. The Traveler who books the Trip for others is obligated to disclose any relevant personal circumstances of those other Travelers when booking. The Traveler who books the Trip for others is obligated to provide these Terms and Conditions and other relevant communications to those other Travelers. The Traveler who books the trip indemnifies the Organizer against any damages resulting from failure to comply with the above obligations.
Information
Article 4 – Information by the Organizer
4.1 Travel price
Prices stated are per person, unless explicitly stated otherwise.
4.2 Information provided by the Organizer upon booking
When booking or immediately thereafter, the Organizer will provide the Agreement to the Traveler, including the Traveler's accepted preferences and information tailored to Dutch nationality about the required travel documents (passports, visas, etc.) and any health formalities.
4.3 Travel documents
The Traveler must have all necessary travel documents, such as a passport, visa, vaccination certificates, etc., in their possession during the Trip. Given the importance of this information, the Traveler must check with official authorities whether the information is complete and up-to-date. Before booking the Trip, the Traveler must ensure there is sufficient time to obtain the necessary travel documents. If the Traveler is unable to complete the Trip, in whole or in part, due to a lack of the correct travel documents, the costs will be borne by the Traveler.
4.4 Travel documents
Travel documents (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, they must inform the Organizer immediately.
4.5 Insurance informationen
The Organizer informs the Traveler of the option to take 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 Traveler
5.1 Relevant information from the Traveler(s)
Before booking, the booking Traveler must provide all relevant information about the registered Travelers, particularly information that could 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 will then be liable for the cancellation fees in accordance with Article 9, paragraph 2 [Cancellation Fees]. Other costs will also be borne by the Traveler.
5.2 Reduced mobility, pregnant women and illness
Travelers with reduced mobility and their companions, pregnant women, and Travelers with an illness that could affect the Trip must notify the Organizer of this when entering into the Agreement, or as soon as possible after becoming aware of it, in connection with any potential consequences for the Trip and, in particular, air travel. These Travelers must verify with the carrier whether a medical certificate is required for travel.
Before the trip
Article 6 - Payment
6.1 Deposit
The deposit is 20% of the tour price plus the full cost of any airline tickets. The deposit must be received within 14 days of booking.
6.2 Remaining payment
The remaining balance of the tour price must be paid no later than 6 weeks before the start of the Tour. If booking within 6 weeks of the start of the Tour, the full tour price must be paid immediately upon booking. In any case, full payment must be received before the start of the Tour.
6.3 Default and interest
If the Traveler does not pay within the agreed term, the Traveler will be in default without further notice of default being required and will owe statutory interest on the outstanding amount.
6.4 Collection costs
The Traveler must pay extrajudicial collection costs if they fail to pay within the payment deadline set in a written reminder. The extrajudicial collection costs amount to: 15% of the amount claimed up to €2500, 10% of the subsequent €2500, 5% of the subsequent €5000, and 1% of the remaining amount.
6.5 Further consequences of non-payment
As long as the Traveler has not paid, the Organizer may retain the travel documents. If payment is not received 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 payment obligation remains in effect. Instead of excluding the Traveler from participation, the Organizer may cancel the Agreement and charge the Traveler the cancellation fees as determined in Article 9, paragraph 2.
6.6 STO Garant Guarantee Scheme
To comply with the legally required guarantee, Alltractive uses STO Garant. You can verify this via the STO Garant participants page ( www.sto-garant.nl/deelnemers ). All information about STO Garant can be found at www.sto-garant.nl.
With every (travel) offer from Alltractive, it is clearly stated whether the STO Garant guarantee applies. In the guarantee scheme, you can read what the guarantee covers and which conditions apply. You can find this guarantee scheme on the STO Garant website ( www.sto-garant.nl/downloads ).
If the STO Garant guarantee applies to your booking, you will not pay the travel sum to Alltractive, but into the escrow account of Stichting Derdengelden Certo Escrow, a payment service provider registered with De Nederlandsche Bank (DNB) and the Netherlands Authority for the Financial Markets (AFM). This escrow foundation guarantees your travel sum until the end of your booking. If services are not provided (in full and/or on time) due to Alltractive's financial inability, STO Garant will implement the guarantee. The guarantee policy explains how to claim this in such cases.
Article 7 – Substitution
7.1 Terms and Notice
A Traveler can transfer the Trip to another person. The other person must meet all conditions associated with the Trip. Transfer is only possible to the extent permitted by the terms and conditions of the relevant Travel Service Provider. If airline tickets are part of the Trip, transferring them is often not possible. Transferring the Trip is then possible if new airline tickets are booked – at the Traveler's expense. The Traveler must request 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 taking over the Trip are jointly and severally liable for payment of the travel price and additional costs resulting from the substitution, including amendment costs.
Article 8 – Changes at the request of the Traveler
8.1 Amendment
The Traveler who booked the Trip may request the Organizer to amend the Agreement. The Organizer is not obligated to do so. The Organizer will inform the Traveler of the new travel price. If the Traveler agrees to the costs of the change, the new travel price and amendment fees are due. If the new travel price is lower than the original travel price, the difference will be offset against the amendment fees due.
8.2 Change of departure date
Unless the Organizer indicates that a rebooking has occurred, the change in the departure date constitutes the cancellation of the existing agreement and the creation of a new agreement. The cancellation policy in Article 9 [Cancellation Fees] applies to the canceled agreement.
Article 9 – Cancellation by the Traveler
9.1 XNUMX Cancellation
The Traveler may cancel the booking before the start of the Trip. Cancellation must be made in writing. The date the cancellation is received by the Organizer will be considered the date of cancellation. If received after 17.00:XNUMX PM or outside of Business Days, the following Business Day will be considered the date of receipt.
9.2 Cancellation costs
If a flight is included in the Trip, the Traveler is liable for 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 tour price.
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 tour price;
b. from 55 days up to and including 22 days before the day of departure: 50% of the tour price;
c. from 21 days up to and including 7 days before the day of departure: 75% of the tour price;
d. from 6 days before departure: 100% of the tour price.
9.3 Reduction in the number of passengers
If the number of Travelers is reduced within one booking, the Organizer may, at its discretion, charge the following cancellation costs:
- the standard cancellation costs referred to in paragraph 2 of this article, or;
- the entire travel price of the person canceled minus the cost savings resulting from the cancellation.
9.4 Cancellation costs in case of cancellation after a rebooked trip
The Traveler and Organizer may rebook the trip to a later date. If the Traveler cancels the rebooked trip, the cancellation fee will be at least the amount that would have been due if the trip had been canceled on the rebooking date.
( Example: 14 days before the start of the original trip, the trip is rebooked to 1 year later. 6 months before the start of the rebooked trip, the traveler cancels because he no longer wishes to travel. The cancellation costs would amount to 20% of the total travel cost according to Article 9.2. The cancellation costs would amount to 75% of the total travel cost if the cancellation had taken place on the date of rebooking. In this case, 75% of the total travel cost applies as cancellation costs.)
9.5 Travel credits issued as a goodwill gesture
If a Trip is cancelled by the Traveler and a travel credit is awarded as a goodwill gesture, the following applies (unless other conditions are communicated by the Organizer):
– the travel credit must be spent within one year of being awarded.
– the new trip must have commenced within two years of the travel credit being awarded.
– the travel credit is tied to the Traveler and is non-transferable.
– the travel credit can only be used for the same Trip at a later date.
– if the trip is more expensive at a later date, the price difference will be charged to the Traveler.
– if the Traveler cancels the Trip that was booked with a travel credit granted as a goodwill gesture, the travel credit will expire.
Article 10 – Price change
10.1 Price change
The Organizer may increase the tour price up to 20 days before the start of the Tour as a result of price changes in:
– costs of fuel or other energy sources, or;
– taxes or fees charged by third parties not directly involved in the execution of the Trip. The Organizer may stipulate in the Agreement that it may increase the tour price up to 20 days before the start of the Trip based on exchange rate fluctuations. The Agreement must include the method of price recalculation based on the exchange rate.
10.2 Termination by Traveler
If the price increase amounts to more than 8% of the travel sum, the Traveler may terminate the Agreement and the Traveler will receive a refund of the paid travel sum.
10.3 Price reduction
If the right to a price increase has been agreed upon, the Traveler has a corresponding right to a price reduction. An administration fee of €30 will be deducted from the amount due to the Traveler.
Article 11 – Amendment by the Organizer
11.1 Changes
The Organizer may unilaterally make minor changes to the Trip before the start of the Trip. The Traveler will be notified of these changes.
11.2 Major changes
If necessary, the Organizer may significantly change the main characteristics of the Trip before the start of the Trip. This also includes offering an alternative Trip. The Traveler may accept the change or terminate the Agreement without paying cancellation fees. Upon termination, the travel price paid by the Traveler will be refunded. The Organizer may grant the Traveler a reasonable period within which to make their choice clear. If the Agreement is not terminated within the set period, the change will be deemed accepted and the right to terminate will lapse.
Article 12 – Cancellation by the Organizer
12.1 Cancellation due to minimum numbers
The Organizer may 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 notified, no later than:
– 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 may cancel the Agreement before the commencement of the Trip if the Organizer cannot perform the agreement as a result of unavoidable and extraordinary circumstances.
12.3 Refund of paid travel sum – no compensation
In the above cases, the Organizer will refund any amounts already received within 14 days, and no compensation will be due. Costs incurred by the Traveler for services outside the Agreement, such as vaccinations, visas, equipment purchases, insurance, and, if not included in the Trip, flights, tickets, accommodation, etc., will not be reimbursed.
12.4 Cancellation due to the actions of the Traveler
If the Traveler does not meet the predetermined participation requirements or if incorrect or incomplete information about the Traveler has been provided, the Organizer may cancel the Agreement. The Traveler will then be liable for cancellation fees as determined in Article 9, paragraph 2.
Execution of the trip
Article 13 – Responsibility & Deficiencies
13.1 Proper execution of the Journey
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 the Traveler could reasonably have based on the publications, the Agreement, and the circumstances at the travel destinations.
13.2 Changes to travel schedule and travel times
The Organizer will inform the Traveler of any changes to the itinerary. If the Organizer is not aware of the place of stay, the Traveler will only be informed via the email address or mobile phone number provided to the Organizer.
13.3 Traveler's obligation to complain
The Traveler shall immediately inform the Travel Service Provider and the Organizer in accordance with Article 17 [complaints] of any defects or problems in the performance of the Travel Services.
13.4 Resolution by the Organizer
The Organizer will ensure that any deficiencies are remedied. A deficiency need not be remedied if this is impossible or would entail disproportionately high costs.
13.5 Compensation
If the shortcoming cannot be resolved, the Organizer (or Travel Service Provider) will consult with the Traveler and, where appropriate, arrange compensation or an alternative. The Traveler is not entitled to compensation or an alternative if the shortcoming is attributable to the Traveler.
Article 14 - Help and assistance
14.1 Compulsory assistance
The Organiser shall provide the Traveller with help and assistance if the Traveller is in difficulty, in particular by providing appropriate information on medical services, local authorities and consular assistance and by assisting the Traveller in using remote communication and in finding alternative travel arrangements.
14.2 Costs
The Organizer will charge a reasonable fee for assistance and support if the difficulties arise from the intent or negligence of the Traveler.
Liability
Article 15 – Attribution, force majeure and exclusions of liability
15.1 Attribution & force majeure
The Traveler is not entitled to compensation for any damage suffered by the Traveler as a result of a shortcoming attributable to:
a. the Traveler;
b. third parties not directly involved in the performance of the Agreement and the failure could not have been foreseen or prevented, or;
c. unavoidable and extraordinary circumstances.
15.2 Disclaimer
Any liability of the Organizer for damages is limited to three times the travel price, unless the damage results from the death or personal injury of the Traveler or the damage is caused by intentional or negligent actions of the Organizer.
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 Traveler, such liability will be limited or excluded to the limits permitted under applicable international treaties and/or EU regulations relating to the individual Travel Services.
15.4 Insured damage
The Organizer is not liable for damages covered by insurance, such as health, travel, event, or cancellation insurance.
15.5 Limitation
Any claim by the Traveler for compensation for damages and other claims by the Traveler expire two years after the Trip took place. If the Trip did not take place, it expires two years after the planned start date.
15.6 Expiration of rights
Without prejudice to the limitation period and the obligation to complain in a timely manner, any claim by the Traveler for compensation for damages shall expire three years after the commencement date of the Trip.
15.7 None 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 – Traveler Obligations
16.1 Conduct and compliance with instructions
The Traveler must behave as a reasonable Traveler and is obliged to follow all instructions from 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 if a Traveler causes a nuisance, the Organizer/Travel Service Provider may deny the Traveler further participation in the Trip, either partially or completely. In such cases, the Traveler is not entitled to a refund. Any additional costs incurred as a result will be borne by the Traveler.
16.3 Warning
Before being excluded from participation, a Traveler will first receive a verbal or written warning. A warning is not required if it is inappropriate under the circumstances.
16.4 Traveler liability and indemnity
The Traveler is liable for damage caused by their behavior, failure to comply with the obligations in this article, or damage otherwise attributable to them. The Traveler indemnifies the Organizer against claims from Travel Service Providers involved in the Trip, other Travelers, or third parties for damage caused by or attributable to the Traveler.
16.5 Checking return journey time
The Traveler must verify the exact time of departure no later than 24 hours before the scheduled commencement of the return journey.
16.6 Formal health requirements
The Traveler must comply with all health requirements applicable to the destination (and transit countries). Governments may change these requirements without prior notice. The consequences of these changes are the Traveler's responsibility.
16.7 Measures by Travel Service Providers
Travel service providers may take all reasonable measures and request cooperation from Travelers, including to prevent and combat emergencies, mitigate health risks, prevent damage, or comply with government regulations. Failure to comply with these measures or instructions may result in the Traveler being denied the Travel Service and access.
16.8 Use of materials
The Traveler must handle provided materials with care. Upon receipt, the Traveler must check these items and report any defects immediately. The Traveler is liable for damage, loss, or theft of the provided materials.
Other provisions
Article 17 - Complaints
17.1 Information
The Organizer will provide emergency contact details before the start of the Trip.
17.2 Reporting on site
If the Traveler believes the Trip is not being properly executed, they must immediately report the problem or defect to the relevant Travel Service Provider so they can offer a solution. If the Organizer's tour guide is present, the complaint must also be reported to them immediately. If there is no tour guide present, the complaint must also be reported to the Organizer. This report can be made by [WhatsApp, SMS text message, phone, or on Business Days during Dutch office hours (9:17 AM - XNUMX:XNUMX PM) also by email].
17.3 Communication costs
The Traveler must limit any communication costs by, among other things, using internet calling, WhatsApp and e-mail.
17.4 Report unresolved complaint after return
Any complaints which, 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 Consequences of not reporting the shortcoming or complaint or not reporting it in time
Failure to file a complaint, or failure to file a complaint in a timely manner, in accordance with the second paragraph [Reporting on-site] of this article may affect the amount of any compensation, unless the Organizer's interests have not been harmed by the failure to file a complaint in a timely manner. Complaints not received in a timely manner after the return will not be considered, unless this is unreasonable under the circumstances.
Article 18 - Other provisions
19.1 Third party rights
Subordinates, assistants and other third parties involved in the performance of the Agreement may rely on the provisions of the Agreement and these Terms and Conditions (including the exclusions of liability) against the Traveler.
19.2 Replacement provisions
If mandatory law prevents the validity of any provision in these Terms and Conditions or if a provision is annulled, that provision shall be deemed to have been converted into a valid provision that approximates the original intention as closely as possible in content and scope.
19.3 Applicable law
The offer, the Agreement and the performance of the Agreement are exclusively governed by Dutch law, unless this is in conflict with mandatory law.
If the consumer lives outside the Netherlands at the time of booking, the following applies: Despite the choice of law, the consumer is entitled to the protection offered by the mandatory law of the country of his residence if (cumulatively):
– the Organizer directed the commercial activities for the agreed Trip to the country where the consumer resides, and;
– the agreed travel services are performed in part or in whole in that country.
19.4 Competent court
The court within whose jurisdiction the Organizer's registered office is located has exclusive jurisdiction over disputes concerning the Agreement and related matters, unless this is contrary to mandatory law. The Organizer is also permitted to summon the Traveler to appear in court in their place of residence.