TERMS AND CONDITIONS
Terms and conditions
Terms and conditions UYUNI Travels B.V., 24th January 2022
-This is a non-legal translation of the Dutch version. Dutch conditions apply (link)–
Article 1 – Definitions
Organizer: UYUNI Travels B.V. registered under Chamber of Commerce number 83378537.
Traveler: any person who wishes to conclude an agreement with the Organizer with regard to a Trip and any person who has the right to travel on the basis 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 performs 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.
Conditions: these general conditions.
Package holiday: a package holiday within the meaning of the law.
Travel: a Package Travel or, if the Conditions have been declared applicable to it, a single Travel Service.
Working days: Monday to Friday, with the exception of public holidays recognized in the Netherlands, within working hours (9am-5pm Dutch time).
Article 2 – Applicability of conditions
2.1 Package holidays
These Terms and Conditions apply to all Package Holidays offered by the Organizer or agreed with the Organiser.
2.2 Travel services
These terms and conditions may also be declared applicable to Travel Services that do not constitute a package holiday. Title 7a of Book 7 of the Dutch Civil Code, which contains rules about package travel agreements, does not apply in that case. No insolvency protection of the Organizer applies to these Travel Services, unless it is expressly stated in the offer which party provides cover and this follows from the warranty or insurance conditions.
2.3 Deviating and additional conditions
Deviating and additional conditions must be agreed in Writing and take precedence over these Conditions.
Article 3 – Conclusion of Agreement
3.1 Content offer
The Trip offered only includes the services and facilities that are expressly described in the offer and publications of the Organiser. Information in publications of Travel Service Providers is not part of the offer, regardless of whether a link to it is included in the offer of the Organiser. The stated travel time is stated in whole days, whereby the day of departure and arrival are counted as whole days.
3.2 Non-binding offer
The Organizer’s offer is without obligation and can be revoked by the Organizer after acceptance until 5:00 pm on the next Business Day.
3.3 The booking
The Agreement is concluded as soon as the Traveler accepts the Organizer’s offer and subject to the availability of the Trip.
3.4 Obvious errors
Obvious errors in the offer are not binding on the Organizer. If there is reason for doubt, the Traveler should make inquiries.
No rights can be derived from preferences communicated by the Traveler, unless the Organizer has confirmed in Writing that it complies with the preference. The mere mention as a preference on travel documents and the booking confirmation is insufficient for this.
3.6 Special requirements
If the Traveler makes medical requirements or other compelling interests known to the Organizer as a ‘requirement’ when booking, the Organizer will assess whether it can meet this. If the Organizer is unable or unwilling to meet the requirements, the Agreement will not be concluded. The Promoter may make a price change in connection with the stated requirements.
3.7 Confirmation of the booking
The Organizer will send a booking confirmation after booking the trip and checking availability.
3.8 Withdrawal by traveler
A booking of the Trip is final. The Traveler has no right to revoke the Agreement.
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 part. The confirmation, invoice, travel documents and all other communication are only sent to the Traveler who makes the booking. The Traveler who books the Trip for others is obliged to provide relevant personal circumstances of those other Travelers when booking. The Traveler who books the Trip for others is obliged to provide those other Travelers with these Conditions and other relevant communication. The Traveler who books the trip indemnifies the Organizer against damage as a result of non-compliance with the above obligations.
Article 4 – Information by the Organizer
4.1 Travel sum
Prices stated are per person, unless expressly stated otherwise.
4.2 Information by the Organizer when booking
When booking or immediately afterwards, the Organizer will provide the Traveler with the Agreement, including the Traveler’s accepted preferences and information tailored to the Dutch nationality about the necessary travel documents (passports, visas, etc.) and any health formalities.
4.3 Travel documents
During the Trip, the Traveler must have the necessary travel documents, such as a passport, visa, vaccination certificates, etc. In view of the great importance of this, the Traveler must check with the official authorities whether the information is complete and up-to-date. The Traveler must check before booking the Trip whether there is sufficient time to obtain the necessary travel documents. If the Traveler is unable or not entirely able to make the Trip due to the lack of the correct travel documents, the costs will be borne by the Traveler.
4.4 Travel documents
The travel documents (transport tickets, vouchers, etc.) will be sent to the Traveler no later than 7 days before departure, unless the invoice has not yet been paid in full. If the Traveler has not received the travel documents 5 days before departure, he must immediately inform the Organizer.
4.5 Insurance information
The Organizer points out to the Traveler the option of taking out cancellation insurance and travel insurance. The Organizer may require such insurance if the Traveler has been informed of this prior to booking.
Article 5 – Information by the Traveler
5.1 Relevant information from the Traveler(s)
For the booking, the booking Traveler provides all relevant information about the registered Travelers. In particular, information that may affect the health or safety of the Traveler or others. If the information provided is incorrect or incomplete, the Traveler may be excluded from participation. The Traveler then owes the cancellation costs in accordance with Article 9 paragraph 2. 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 may have an effect on the Trip must report this to the Organizer when entering into the Agreement or in any case as soon as possible after the Traveler is aware of this in connection with with possible consequences for the Trip and in particular air transport. These Travelers must verify with the carrier whether a medical statement is required to be allowed to travel.
BEFORE THE TRIP
Article 6 – Payment
6.1 Down payment
The deposit is 20% of the travel sum plus the full amount of any flight tickets. The deposit must be received within 14 days of booking.
6.2 Remaining payment
The remainder of the travel sum must be paid no later than 6 weeks before the start of the Trip. When booking within 6 weeks before the start of the Trip, the full travel sum must be paid immediately after the booking. In any case, the entire payment must be received before the start of the Trip.
6.3 Default and interest
If the Traveler does not pay within the agreed term, the Traveler is in default without further notice of default being required and the statutory interest is owed on the outstanding amount.
6.4 Collection costs
The Traveler must pay extrajudicial collection costs if he has not paid within the final payment term set by means of a Written reminder. The extrajudicial collection costs amount to: 15% of the amount claimed up to €2,500, 10% on the subsequent €2,500, 5% on the subsequent €5,000 and 1% on the excess.
6.5 Further consequences of non-payment
As long as the Traveler has not paid, the Organizer can keep the travel documents. If payment is not made even after a reminder or if payment has not been made before the start of the trip, the Organizer can exclude the Traveler from participation. The obligation to pay remains. Instead of excluding the Traveler from participation, the Organizer can cancel the Agreement and charge the Traveler for the cancellation costs owed for this as determined in Article 9 paragraph 2.
Article 7 – Substitution
7.1 Conditions and notice
A Traveler may transfer the Trip to another person. The other person must meet all conditions attached to the Trip. Transfer is only possible insofar as the conditions of the relevant Travel Service Provider allow this. If airline tickets are part of the Trip, transfer of the airline tickets is often not possible. Transfer of the Trip is then possible if – at the expense of the Traveler – new airline tickets are booked. The Traveler requests the Organizer to replace the person at the latest 7 days before the Trip.
7.2 Joint and several liability and additional costs
The Traveler and the person who takes over the Trip are jointly and severally liable for the payment of the travel sum and additional costs arising from the substitution, including amendment costs.
Article 8 – Change at the request of the Traveler
The Traveler who has booked the Trip can request the Organizer to change the Agreement. The Organizer is not obliged to do so. The Organizer will inform the Traveler of the new travel sum. If the Traveler agrees to the costs of the change, the new travel sum and change costs are due. If the new travel sum is lower than the original travel sum, the difference will be settled with the change costs owed.
8.2 Change of departure date
Unless the Organizer indicates that there has been a rebooking, the change of the departure date constitutes the cancellation of the existing agreement and the formation of a new agreement. The cancellation policy of Article 9 applies to the canceled agreement.
Article 9 – Cancellation by the Traveler
The Traveler can cancel the booking before the start of the Trip. Cancellation must be made in Writing. The date on which the cancellation is received by the Organizer is considered the time of cancellation. In the event of receipt after 5:00 pm or outside Business Days, the next Business Day is regarded as the date of receipt.
9.2 Cancellation costs
If a flight is included in the Trip, the Traveler must pay the following amounts:up to and including 66 days before the day of departure: the cancellation costs of the flight + 25% of the remaining part of the travel sum;
- from 65 days to 36 days before the day of departure: the cancellation costs of the flight + 50% of the remaining part of the travel sum;
- from 35 days up to and including 13 days before the day of departure: the cancellation costs of the flight + 75% of the remaining part of the travel sum;
- from 12 days before departure: 100% of the travel sum.
If no flight is included, the Traveler owes the following amounts:
- up to and including 66 days before the day of departure: 25% of the travel sum;
- from 65 days to 36 days before the day of departure: 50% of the travel sum;
- from 35 days up to and including 13 days before the day of departure: 75% of the travel sum;
- from 12 days before departure: 100% of the travel sum.
9.3 Reduction in number of travelers
If the number of Travelers is reduced within one booking, the Organizer can charge the following as cancellation costs at its discretion:
- the standard cancellation costs referred to in paragraph 2 of this article, or;
- the entire travel sum of the canceled person minus the cost savings as a result of the cancellation.
9.4 Cancellation costs in case of cancellation after a rebooked trip
It is possible that the Traveler and Organizer rebook the trip to a later moment. If the Traveler cancels the rebooked trip, the cancellation costs will be at least the amount that would have been due if the cancellation had been made on the date of rebooking.
(example: 14 days before the start of the original trip, the trip will be 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 be 25% of the travel sum according to Article 9.2 The cancellation costs would amount to 75% of the travel sum if it had been canceled on the date of rebooking. In this case 75% of the travel sum applies as cancellation costs.)
9.5 Travel credits issued as a courtesy
If a Trip is canceled by the Traveler and a travel credit is granted out of leniency, the following applies (unless other conditions are communicated by the Organizer):
– the travel credit must be spent within one year after the travel credit has been allocated.
– the new journey must have commenced within two years after the travel credit has been allocated.
– the travel credit is linked to the Traveler and is not transferable.
– the travel credit can only be used for the same Trip at a later time.
– if the trip is more expensive at a later time, the price difference will be charged on to the Traveler.
– if the Traveler cancels the Trip that was booked with a travel credit granted as a courtesy, the travel credit will expire.
9.6 Cancellation in the event of a calamity
Travel to an area for which a Calamity has been established by the Calamity Committee of the Calamity Fund, can be canceled free of charge from three calendar days before departure or, if possible and desired, rebooked.
Article 10 – Price change
10.1 Price change
The Organizer can increase the travel sum up to 20 days before the start of the Trip as a result of price changes in:
– costs of fuel or other energy sources, or;
– taxes or fees of third parties not directly involved in the execution of the Trip. The Organizer can include in the Agreement that he can increase the travel sum up to 20 days before the start of the Trip on the basis of changes in exchange rates. 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 can terminate the Agreement and the Traveler will receive a refund of the travel sum paid.
10.3 Price reduction
If the right to a price increase has been agreed, the Traveler has a corresponding right to a price reduction. An administration fee of 30 euros will be deducted from the amount due to the Traveler.
Article 11 – Change by the Organizer
The Organizer can unilaterally make minor changes to the Trip before the start of the Trip. The Traveler will be informed of this.
11.2 Major changes
If necessary, the Organizer can substantially change the main features before the start of the Trip. This also includes offering an alternative Trip. The Traveler can accept the change or terminate the Agreement without paying cancellation costs. Upon termination, the travel sum paid by the Traveler will be refunded. The Organizer can set the Traveler a reasonable term within which the Traveler must make his choice clear. If the Agreement is not terminated within the set term, the amendment will be deemed accepted and the right to termination 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 majeur
The Organizer may cancel the Agreement before the start of the Trip if the Organizer is unable to perform the agreement due to unavoidable and extraordinary circumstances.
12.3 Reimbursement paid travel sum – no compensation
In the above cases, the Organizer will refund amounts already received within 14 days and no compensation is due. Costs incurred by the Traveler for services that fall outside the Agreement, such as vaccinations, visas, purchase material, insurance and, if not included in the Trip, the flight, tickets, accommodation, etc. are not reimbursed.
12.4 Cancellation at the fault of the Traveler
If the Traveler does not meet predefined participation requirements or if incorrect or incomplete information about the Traveler is provided, the Organizer may cancel the Agreement. The Traveler then owes cancellation costs as determined in Article 9 paragraph 2.
PERFORMANCE OF THE TRIP
Article 13 – Responsibility & Shortcomings
13.1 Proper execution of the Voyage
The Organizer is responsible for the performance of the agreed Travel Services, regardless of whether they are performed by the Organizer itself or by another Travel Service Provider. The Organizer must perform the Agreement in accordance with the expectations that the Traveler may reasonably have on the basis of the publications, the Agreement and the circumstances at the travel destinations.
13.2 Changes in itinerary and travel times
The Organizer will inform the Traveler about changes in the itinerary. If the Organizer is not aware of the place of stay, the Traveler will only be informed at the email address or mobile phone number known to the Organizer.
13.3 Complaint obligation traveler
In accordance with article 17, the Traveler immediately informs the Travel Service Provider and the Organizer of any defects or problems in the performance of the Travel Services.
13.4 Solution by the Organizer
The Organizer ensures that shortcomings are rectified. A shortcoming does not need to be remedied if this is impossible or involves disproportionately high costs.
If the shortcoming cannot be resolved, the Organizer (or Travel Service Provider) will consult with the Traveler and arrange compensation or alternative where appropriate. The Traveler is not entitled to compensation or alternative if the shortcoming is attributable to the Traveler.
Article 14 – Help and assistance
14.1 Mandatory assistance
The Organizer provides assistance and assistance to the Traveler if the Traveler is in difficulty, in particular by providing good information about medical services, local authorities and consular assistance and by helping the Traveler to use distance communication and to find alternative travel arrangements.
The Organizer will charge a reasonable fee for the help and assistance if the difficulties have arisen through intent or negligence on the part of the Traveler.
Article 15 – Attribution, force majeure and liability exclusions
15.1 Attribution & force majeure
The Traveler is not entitled to compensation for damage that the Traveler incurs as a result of a shortcoming attributable to:
- the Traveler;
- third parties who are not directly involved in the execution of the Agreement and the shortcoming could not be foreseen or prevented, or;
- unavoidable and extraordinary circumstances.
15.2 Liability exclusion
Any liability of the Organizer for damage is limited to three times the travel sum, unless the damage results from the death or personal injury of the Traveler or the damage is caused by intentional or negligent act of the Organiser.
15.3 Liability exclusion 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, this liability will be limited or excluded to the limits allowed under the relevant international treaties and/or EU regulations. relating to the individual Travel Services.
15.4 Insured damage
The Organizer is not liable for damage covered by insurance, such as health, travel, event or cancellation insurance.
Any claim by the Traveler for compensation for damage and other claims by the traveler lapses two years after the Trip has taken place. If the Trip did not take place, the statute of limitations will be two years after the planned date of commencement.
15.6 Expiration of rights
Without prejudice to the limitation period and the obligation to make a timely complaint, any claim by the Traveler for compensation for damage lapses three years after the start date of the Trip.
15.7 No Double Compensation
The Traveler is not entitled to double compensation. If the Traveler is entitled to compensation under international treaties or EU regulations, the Traveler will not receive additional compensation under this Agreement.
Article 16 – Obligations Traveler
16.1 Conduct and follow-up of directions
The Traveler must behave as a reasonably acting 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 in the event that a Traveler causes nuisance, the Organizer/Travel Service Provider may partially or completely deny the Traveler further participation in the Trip. The Traveler is then not entitled to a refund of monies. Further costs incurred as a result will be borne by the Traveler.
Before the Traveler is excluded from participation, the Traveler will first receive a verbal or written warning. A warning is not required if it is not appropriate given the circumstances.
16.4 Traveller’s liability and indemnification
The Traveler is liable for damage caused by his behaviour, non-compliance with the obligations in this article or damage that is otherwise attributable to him. The Traveler indemnifies the Organizer against claims from Travel Service Providers, other Travelers or third parties involved in the Trip for damage caused by the Traveler or attributable to him.
16.5 Checking the time of the return journey
The Traveler must verify the exact time of departure no later than 24 hours before the scheduled start of the return journey.
16.6 Formal health requirements
The Traveler must meet all health requirements applicable at the destination (and transit countries). Governments may change these requirements without notice. The consequences of these changes are within the risk of the Traveler.
16.7 Measures by Travel Service Providers
Travel service providers can take all reasonable measures and require the cooperation of Travelers, including to prevent and combat calamities, to limit health risks, to prevent damage or to comply with government regulations. In the event of non-compliance with the measures or instructions, the Traveler may be denied the Travel Service and access.
16.8 Material use
The Traveler must handle the materials provided properly. Upon receipt, the Traveler must check these items and report defects immediately. The Traveler is liable for damage, loss or theft of the material made available.
Article 17 – Complaints
The Organizer will provide emergency contact details before the start of the Trip.
17.2 Reporting on site
If the Traveler believes that the Trip is not being carried out properly, he must immediately report the problem or defect to the relevant Travel Service Provider so that it can offer a solution. If the tour guide of the Organizer is on site, the complaint must also be reported immediately to the tour guide. If there is no tour guide on site, the complaint must also be reported to the Organizer. This notification can be made by whatsapp, SMS text message, by telephone or on working days during Dutch office hours (9 am-5 pm), also by e-mail.
17.3 Communication costs
The Traveler must limit any communication costs, for example by making use of telephone calls via the internet, WhatsApp and e-mail.
17.4 Report unresolved complaint after return
All complaints that, according to the Traveler, have not been fully resolved or compensated during the Trip, must be submitted to the Organizer in Writing, stating reasons, within two months after the Trip.
17.5 Consequences of not reporting the shortcoming or complaint or not reporting it in time
Not complaining or not complaining in time in accordance with the second paragraph of this article may affect the amount of any compensation, unless the interests of the Organizer are not harmed by the late complaint. Complaints that are not received in time after return will not be processed, unless this is not reasonable in the circumstances of the case.
Article 18 – Other provisions
18.1 Rights of third parties
Subordinates, assistants and other third parties involved in the execution of the Agreement can invoke the provisions of the Agreement and these Terms and Conditions (including the liability exclusions) towards the Traveler.
18.2 Replacement provisions
If mandatory law prevents the validity of a provision in these Terms and Conditions or if a provision is annulled, that provision will be deemed to have been converted into a valid provision that approximates as closely as possible the original intention in terms of content and scope.
18.3 Applicable law
The offer, the Agreement and the execution 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 that the mandatory law of the country of his residence offers him if (cumulatively):
– the Organizer focused the commercial activities for the agreed Trip on the country where the consumer is domiciled, and;
– the agreed travel services are partially or wholly provided in that country.
18.4 Competent court
The court within whose area of work the Organizer is located has exclusive jurisdiction to hear disputes regarding the Agreement and anything related thereto, unless this is contrary to mandatory law. The Organizer is also allowed to sue the Traveler in her place of residence