TERMS AND CONDITIONS
Terms and conditions
General travel conditions Uyuni Travels, 1st June 2018
UYUNI Travels is affiliated with the VvKR (association for small-scale travel organizations). The travel specialists affiliated with this association are distinguished by their involvement and expertise. All travel agencies affiliated with the VvKR offer a form of travel guarantee on their package holidays. This way you know that you can book a trip with one of the affiliated members with peace of mind!
We are affiliated with the GGTO guarantee fund. GGTO offers travelers the guarantee that they will receive their paid travel back, and possibly get reimbursed for their return journey if the tour operator is affiliated with them and would end up in financial insolvency. A mandatory surcharge of € 15 per person will be charged per booking.
UYUNI Travels is also affiliated with the Calamity Fund. Within the boundaries of the Calamity Fund’s guarantee scheme, journeys published in the travel offer fall under the guarantee scheme of the Calamity Fund. This guarantee means that if you as a consumer take part in a trip organized by us and you are already at the destination, you
- (part of) your travel sum will be refunded if we are unable or unwilling to complete the trip as a result of a calamity;
- the necessary additional costs will be reimbursed if we have to adjust the trip as a result of a calamity or if we have to repatriate you early.
Disaster means an abnormal event caused by molestation or natural disaster. Per booking (up to 9 people) a mandatory surcharge of € 2.50 will be charged.
Heaviness of the journey
Our journeys have different levels of heaviness. A number of factors play a role in this: the daily distances of the hiking trip, the altitude at which you stay, the structure of the trip and the accessibility of the terrain. In case of medical complaints we advise you to contact us so that we can see together what the possibilities are for you.
Separate travel modules elder booked
If you book separate travel modules with different travel organizations (single flights, car hire etc.), we only take care and responsibility for the purchase and delivery of the services that have been agreed with us. In that case we do not guarantee the quality or reliability of third-party services, nor the connections between the various parts of the services of the relevant party or the connection of our own services.
Article 1 – Definitions
Organizer: The trader who compiles the Voyage and offers it – whether or not via a reseller. Likewise, as an Organizer, the trader offering the Voyage if it consists of only one Travel Service and the Conditions have been declared applicable.
Traveler: any person who concludes or wants to conclude an agreement with the Organizer on a Journey and any person who has the right to travel under the Agreement;
Travel service: passenger transport, hire of a motor vehicle or motorcycle, accommodation or other tourist service within the meaning of article 7: 500 sub a BW.
Travel service provider: the service provider that performs a part of the Travel, such as auxiliary persons / accommodation providers / transporters / external guides / etc ..) of the Organizer.
Agreement: the agreement including these Conditions whereby the Organizer undertakes towards the Traveler to provide the Journey.
Written: in writing or by electronic means including by e-mail.
Conditions: these general conditions.
Package travel: a package holiday within the meaning of the law.
Travel: a Package Travel or, if the Terms and Conditions have been declared applicable, a single Travel Service.
Article 2 – Applicability conditions
2.1 Package tours
These Terms and Conditions apply to all Package Holidays offered by the Organizer or agreed with the Organizer and form an inseparable part thereof.
2.2 Linked travel arrangements
These Terms and Conditions can also be declared applicable to Travel Services that are part of a linked travel arrangement. On the Travel Services that have not been agreed with the Organizer, the conditions of the supplier of that Travel Service apply.
2.3 Travel services
These conditions can also be declared applicable to stand alone Travel Services that do not constitute a package tour or linked travel arrangement. Title 7a of Book 7 of the Civil Code containing rules about package travel agreements and linked travel arrangements does not apply in that case. For these Travel Services, no protection applies in the event of the Organizer’s insolvency, unless it is explicitly stated in the offer which party provides cover in the event of the Organizer’s insolvency.
2.4 Different and additional conditions
Deviating and additional conditions must be agreed in writing. Deviating provisions in the individual agreement take precedence over these Conditions.
Article 3 – Establishment Agreement
3.1 Content of offer
The Trip offered includes the services and facilities expressly described in the offers and publications of the Organizer. The content of the offer is exclusively determined on the basis of the information provided by or on behalf of the Organizer. Information in publications from Travel Service Providers is not part of the offer, regardless of whether a link to it is included in the Organizer’s offer. The stated travel time is indicated in whole days, with the day of departure and arrival being counted as whole days.
3.2 Free offer
All quotations and offers by the Organizer are without obligation and can be withdrawn by the Organizer after acceptance in all cases until 5 p.m. on the next working day (Mon-Fri) without giving any reason. This also applies if the Traveler has received an automatic confirmation of receipt of the booking.
3.3 Establishment of the agreement
The Agreement comes about through the acceptance by the Traveler of the Organizer’s offer.
3.4 Obvious errors
Obvious errors in the offer do not bind the Organizer. This concerns the offer of a prize, the content of the offered service or other information of which the Traveler, in view of all circumstances, could not reasonably assume that the Organizer intended to explain this. If there is reason to doubt the accuracy of the price or information, the Traveler must inquire.
3.5 Special wishes
If the Traveler expresses certain preferences before or at the conclusion of the Agreement, rights can only be derived in so far as these preferences have been accepted as a special wish by means of a written commitment from the Organizer to the Traveler that the preference will be granted. The single entry as a preference on travel documents and the booking confirmation is not sufficient for this.
3.6 Special requirements
If the Traveler notifies the Organizer at the latest at the time of entering into the Agreement in connection with the medical condition or because of other important interests as a ‘requirement’, this is considered a suspensive condition for the conclusion of the Agreement. The Organizer must reject the ‘requirement’ within a reasonable period of time or confirm it and ensure that it is complied with. A period of 7 days is in any case considered reasonable. If the Organizer rejects the requirement, no Agreement will be concluded. If the Organizer confirms the ‘requirement’, then the Agreement is concluded by sending confirmation. If additional costs are attached to the requirements and these are known, the Organizer makes a new offer to the Traveler.
3.7 Confirmation of receipt of the booking
If the Traveler accepts it electronically, the Organizer will acknowledge receipt of the acceptance sent by the Traveler.
3.8 Confirmation of the booking
The Organizer immediately sends a booking confirmation after the booking of the trip together with a (down payment) invoice.
3.9 Revocation by traveler
A booking of the Voyage is final. The Traveler has no right to revoke the Agreement.
The Traveler who books the trip must be of age. If a minor (<18 years) travels without the persons who have authority over the minor, these persons must send a signed declaration of consent within 7 days of the booking. In this case, by way of derogation from paragraph 3 of this article, the Agreement will only become definitive after receipt of this declaration by the Organizer.
3.11 Books for other Travelers & Communications
The Traveler who enters into an Agreement on behalf of or for the benefit of one or more other Travelers is jointly and severally liable for all obligations ensuing there from. The other Travelers are each responsible for their own part. The confirmation, the invoice, the travel documents and all other communication is only sent to the Passenger who makes the booking. The Passenger who books the Journey on behalf of or for the benefit of others is obliged – with the permission of that person – to disclose relevant personal circumstances of those other Passengers who may influence the performance of the Agreement with the registration. The Traveler who books the Journey on behalf of or on behalf of others is obliged to provide these other Passengers with these Conditions and other relevant communication.
Article 4 – Information by the Organizer
4.1 Travel sum
Prices mentioned are per person, unless explicitly stated otherwise. The offered travel sum includes all known unavoidable additional costs, unless the costs can not be processed in the fare or not yet confessed. In that case, these costs or the nature of the costs are clearly and near the fare. If the fare is age-dependent, the age on the first day of the Journey is decisive.
4.2 Information by the Organizer after booking
Upon conclusion of the Agreement or immediately thereafter, the Organizer will provide the Traveler with the Agreement including the accepted special wishes of the Traveler and information tailored to the nationality concerning the required travel documents (passports, visas, etc.) and any formalities health area and other legally required information.
4.3 Information by the Organizer for the Journey
Timely before the start of the Journey and at the latest when providing the travel documents, the Traveler receives detailed information about the booked Journey including information about the planned departure times, the latest time to check in, the scheduled stops and arrival and, if applicable, the name of the airline operating the air transport.
4.4 Travel documents
The Passenger must have the travel documents necessary for the Journey throughout the Journey, such as a passport, visa, vaccination certificates, etc .. In view of the great importance of this, the Passenger must provide the general information provided by the Organizer with the relevant information to check authorities and institutions for applicability, completeness and topicality. The Traveler must verify, prior to booking the trip, that there is sufficient time to obtain the necessary travel documents in connection with the possibly long lead time of an application for travel documents and in particular any visa required. If the Traveler can not make the Journey or not entirely because of the absence of valid, complete and correct travel documents, the ensuing costs will be entirely for the account of the Traveler.
4.5 Travel documents
The travel documents (transport tickets, vouchers, etc.) will be sent to the Traveler in time and at the latest 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 / she must inform the Organizer without delay. Final departure times and arrival times are stated in the travel documents.
4.6 Information about insurance
The Organizer provides the Traveler with information about the possibility of taking out cancellation insurance and travel insurance for the conclusion of the Agreement. The Organizer may require such insurance if the Passenger has been informed of this in writing prior to the conclusion of the Agreement.
Article 5 – Information by the Traveler
5.1 Relevant information from the Traveler (s)
Before or at the conclusion of the Agreement, the Passenger who makes the booking shall provide all information relevant to the Voyage of himself and the other Travelers he or she has registered. In particular, this concerns information about the Travelers or the composition of the group if this may affect the health or safety of the Traveler or others during the Journey. If the information provided is incorrect or incomplete, this may result in the Traveler being excluded from participation by the Organizer or the Travel Service Providers. In that case, the Traveler will owe the cancellation costs in accordance with Article 9, paragraph 2. Other costs arising from this are also for the account of the Traveler.
5.2 Reduced mobility, pregnant women, unaccompanied minors and illness
Passengers with reduced mobility and their escorts, pregnant women, unaccompanied minors and travelers with a disease that may have an effect on the Journey must do so when entering into the Agreement or in any case as soon as possible after the Passenger is aware of this at the time of the agreement. Organizer in connection with any consequences for the Journey and in particular air transport. These Travelers must verify with the carrier whether a medical certificate is required to travel.
FOR THE TRAVEL
Article 6 – Payment
6.1 Deposit payment
After the Agreement is concluded, 25% of the travel sum must be paid within 10 days after receipt of the deposit invoice, with a minimum of € 50 per Traveler. If air tickets are included, the full amount of the flight tickets plus 25% of the travel sum of the remaining part of the trip must be paid as a deposit.
6.2 Remaining payment
The remainder of the travel sum must be paid no later than 8 weeks before the start date of the Trip. At the conclusion of the Agreement within 8 weeks before the start date of the Voyage, the full travel sum must be paid by return and in any case before the start of the Voyage.
6.3 Default and interest
If the Passenger does not pay within the a fore mentioned or stated on the invoice, the Passenger will be in default without any further notice of default being required and the legal interest will be owed on the outstanding amount from then on.
6.4 Collection costs
The Traveler is obliged to pay the extrajudicial collection costs if the Traveler has been summoned not to pay within a period of fourteen days, starting the day after the reminder has been received, stating the consequences of the absence of payment, including the exact collection costs that will be paid. advanced. The extra judicial collection costs amount to 15% of the demanded up to € 2500, 10% over the subsequent € 2500, 5% over the subsequent € 5000 and 1% over the excess, with a minimum of € 40.
6.5 Further consequences of non-payment
If the Traveler is in default, the Organizer may suspend the sending of the travel documents without further notice until full payment has been received. If payment is not made after a reminder or if no payment has been made before the start of the trip, the Organizer has the right to exclude the Traveler from participation. The obligation to pay remains. Instead of excluding the Traveler from participation, the Organizer may cancel the Agreement and charge the relevant cancellation costs to the Traveler. The provisions of this paragraph are without prejudice to other rights of the Organizer.
Article 7 – Substation
7.1 Conditions and notification
A Traveler can transfer the Journey to another person who meets all conditions attached to the Journey. The Traveler requests the Organizer to substitute the person no later than 7 days before the start of the Journey, at least with due observance of a reasonable period within which the necessary actions can be performed. Transfer is only possible insofar as the conditions of the Travel Service Provider concerned allow this. If air tickets are part of the Journey, transfer of the flight tickets is generally not possible. Transfer of the entire journey is then usually only possible if – at the expense of the Traveler – a new airline ticket is booked.
7.2 Joint and several liability and extra costs
The Traveler and the person who takes over the Travel are jointly and severally liable for the payment of the outstanding amount and for any additional fees, surcharges and other costs arising from the substitution, including modification costs.
Article 8 – Change by the Traveler
The Traveler who has booked the Journey can request the Organizer in writing to amend the Agreement. The Organizer is not obliged to do this. The Organizer informs the Traveler of the new travel sum. If the Traveler agrees with the costs of the change, the new travel sum and change costs will be due. If the new travel sum is lower than the original travel sum, the difference will be settled with the change costs due.
8.2 Adjustment of departure date or number of passengers
A request to change the departure date does not constitute a change, but a cancellation. Reducing the number of paying passengers is no change, but a partial cancellation. The cancellation regulation of Article 9, paragraph 2, applies to this.
Article 9 – Cancellation by the Traveler
The Traveler may terminate the Agreement at any time before the start of the Voyage. Cancellation must take place in writing. The date on which the Written cancellation is received by the Organizer is deemed to be the time of cancellation. In the case of receipt after 5.00 pm or on the weekend, the next working day (Mon-Fri) is regarded as the date of receipt.
9.2 Cancellation costs
If a flight is included with the Voyage, the following amounts must be paid to the Voyage by the Voyage:
a.from booking to 66 days before the day of departure: the cancellation costs of the flight + 25% of the remaining part of the travel sum;
b.from 65 days to 36 days before the day of departure: the cancellation costs of the flight + 50% of the remaining part of the fare;
c. from 35 days to 17 days before the day of departure: the cancellation costs of the flight + 75% of the remaining part of the fare
d.from 16 days before departure: 100% of the travel sum.
If no flight is included, the Traveler is due the following amounts:
a.from booking to 56 days before the day of departure: 25% of the travel sum;
b.from 55 days up to and including 28 days before the day of departure: 50% of the travel sum;
c.from 27 days to 17 days before the day of departure: 75% of the travel sum;
d. from 16 days before departure: 100% of the travel sum.
9.3 Cancellation in case of limitation of the Calamity Fund cover
If the Organizer is affiliated with the Calamity Fund, if a limitation of cover or distribution situation as established by the Emergency Fund is in force, the Traveler to which it applies can terminate the Travel free of charge from 30 calendar days before departure or, if possible and desired, rebook.
Article 10 – Price change
10.1 Price change
The Organizer can reserve the right in the Agreement to increase or change the travel sum with regard to Agreements already entered into until 20 days before the day of departure as a result of price changes in costs of fuel or other energy sources, taxes or fees of not directly related to the execution of the Travel involved third parties and / or exchange rates. The price revision method must be known before the booking and is part of the Agreement.
10.2 Termination by Traveler
If the increase amounts to more than 8% of the travel sum, the Traveler has the right to terminate the Agreement. In that case, the Traveler is entitled to immediate repayment of the amounts paid. The Organizer shall provide the Traveler with a reasonable period of time within which the Traveler must have notified in writing whether it terminates the Agreement. If the Agreement is not terminated within the set term, the price increase will be deemed to have been accepted and the right to termination will lapse.
10.3 Price reduction
If the right to a price increase or a price change is stipulated, the Traveler has the right, if applicable, to request a price reduction in accordance with the price revision method. An amount of 30 euros in administrative costs will be deducted from the amount that the Traveler earns on the basis of the possible price reduction.
Article 11 – Change by Organizer
The Organizer has the right to change the Contract unilaterally prior to commencement of the Journey, insofar as it concerns non-substantial changes. The Traveler is informed here in Writing and in a clear manner.
11.2 Major changes
If necessary, the Organizer can significantly change the main characteristics of the Agreement before the start of the Journey. This also includes the provision of an alternative Journey which, if reasonably possible, is of at least equal quality. In that case, the Traveler can accept the change or terminate the Agreement without payment of cancellation costs.
11.3 Change in an agreed special request
If the Organizer can not or not with a reasonable effort to meet an agreed special request of the Traveler then the Organizer can change the Journey on this part. In that case, the Traveler can accept the change or terminate the Agreement without payment of cancellation costs.
In the event of major changes, the Organizer will provide the Traveler with a reasonable period within which the Traveler must have notified the Organizer in Writing or terminates the Agreement. If the Agreement is not terminated within the set term, the change will be deemed to have been accepted and the right to termination will lapse.
11.5 Price reduction
If the change has the effect of reducing the quality or costs of the Journey, the Passenger will be entitled to appropriate price reduction.
In case of major changes, the Organizer will immediately inform the Traveler of:
– the changes,
– the reasonable period within which the Traveler must inform the Organizer in Writing of his decision whether the Traveler terminates the Agreement,
– the consequence that if the Traveler does not respond in time the change will be deemed accepted and the right to termination will lapse.
– if offered, the content of a replacement journey or the amount of the appropriate price reduction.
11.7 Reimbursement of the fare paid
If the Traveler terminates the Agreement on the basis of this article, the already paid travel sum will be reimbursed to the Traveler without delay and no later than 14 days.
11.8 Damages on rejection of the change
If the Journey is terminated and the cause of the change is attributed to the Organizer, the Organizer shall offer the Passenger an appropriate compensation. If the Travel is terminated and the cause of the change must be attributed to the Traveler, the resulting damage will be charged to the Traveler. If the Travel is terminated and the cause of the change can not be attributed to the Traveler or the Organizer, the parties each bear their own damage.
Article 12 – Cancellation by the Organizer
The Organizer can cancel the Agreement before the start of the trip and refund the Traveler for all amounts paid for the Trip without being liable to pay damages:
- a) if the number of registrations is less than the minimum number specified in the Agreement and the Passenger is notified of the cancellation within the period specified in the agreement, but at the latest:
– 20 days before the start of the Journey with a Journey of 6 days or more.
– 7 days before the start of the Journey with a Journey of 2 to 6 days.
– 48 hours prior to commencement of the journey on a voyage of less than 2 days.
- b) in the event of force majeure, which means inevitable and extraordinary circumstances.
12.2 Reimbursement of the fare paid
In the above cases, the Organizer will refund all received amounts immediately and at the latest within 14 days. Not reimbursed are costs incurred by the Traveler for services that are not covered by the Agreement, such as vaccinations, visas, purchase material, insurance and, if not included in the Travel, the flight, tickets, accommodation, etc.
12.3 Termination due to the actions of the Traveler
In the event that the Traveler does not meet predefined participation requirements or if incorrect or incomplete information about experience, skills, physical or mental condition or other relevant topics is provided by or on behalf of the Traveler, the Organizer has the right to terminate the Agreement. This does not affect other rights of the Organizer.
IMPLEMENTATION OF THE TRAVEL
Article 13 – Responsibility
13.1 Good execution of the Journey
The Organizer is responsible for the execution of the Travel Services to which the Agreement relates, regardless of whether these Travel Services are carried out by the Organizer himself or by another Travel Service Provider.
13.2 Changes to travel schedule and travel times
The Organizer will inform the Traveler about changes to the itinerary or travel times. If the Organizer is not aware of the place of stay, the Traveler will only be informed on the e-mail address or mobile phone number known to the Organizer.
Article 14 – Conformity & non-conformity
The Organizer must execute the Agreement in accordance with the expectations that the Traveler reasonably could have on the basis of the publications, the Agreement and the circumstances at the travel destinations.
14.2 Compulsory traveler’s obligation
The Traveler will inform the Travel Service Provider and the Organizer in accordance with Article 18 of a non-conformity that the Traveler has observed during the performance of a Travel Service included in the Agreement.
14.3 Solution by the Organizer
The Organizer ensures that the reported non-conformity is remedied. The non-conformity need not be remedied if this is impossible or involves disproportionately high costs taking into account the degree of non-conformity and the value of the Travel Services concerned.
14.4 Solution by the Traveler
If the non-conformity is not remedied within a reasonable period set by the Traveler, the Traveler has the possibility to remedy the non-conformity himself and to request reimbursement of the expenses.
14.5 Alternative journey
If a substantial part of the Travel Services can not be performed as agreed, the Organizer will offer a suitable alternative, without additional costs for the Traveler. The Traveler is entitled to a price reduction if the alternative is of lower quality. The Traveler can only reject the alternative offered if it is not comparable or the price reduction is inadequate.
14.6 Termination by the Traveler with significant consequences
If the non-conformity has significant consequences for the execution of the Journey and the Organizer has not rectified this within a reasonable period set by the Traveler, the Passenger can terminate the Agreement without payment of cancellation costs. If the Agreement also includes transport, the Organizer shall also provide for immediate repatriation of the Traveler with equivalent transport without additional costs upon termination by the Traveler.
14.7 Price reduction and compensation
In case of termination under the previous paragraph or in case the Agreement is not terminated and no alternatives have been agreed, the Traveler is entitled to appropriate price reduction and appropriate compensation.
14.8 Conditions for price reduction
If the Traveler is entitled to an appropriate price reduction, this only applies to the period in which there was non-conformity. The Traveler is in no way entitled to a price reduction in so far as the non-conformity can be attributed to the Traveler.
Article 15 – Help and assistance
15.1 Compulsory assistance
The Organizer shall provide the Traveler with immediate assistance and assistance if the Traveler is in difficulty, in particular by providing good information about medical services, local authorities and consular assistance and helping the Traveler to use remote communication and to find alternative travel arrangements.
The Organizer shall charge a reasonable fee for the assistance and assistance if the difficulties arose due to intent or negligence on the part of the Traveler.
Article 16 – Liability, compensation & exoneration
Damages include both damage and compensation for lost travel.
16.2 Allocation & force majeure
The Traveler is in no way entitled to compensation for damage incurred by the Traveler as a result of non-conformity, insofar as the non-conformity is due to:
- the Traveler;
- third parties that are not directly involved in the execution of the Agreement and the non-conformity could not be foreseen or prevented;
unavoidable and extraordinary circumstances.
16.3 Liability exclusion
Any liability of the Organizer for damage is limited to three times the travel sum, unless the damage follows from the death or personal injury of the Traveler or the damage is caused by deliberate or negligent action by the Organizer.
16.4 Liability exclusion under treaty or EU regulation
If the Organizer can be held liable for any damage, including damage resulting from the death or personal injury of the Traveler, this liability will in any case be limited or excluded to the limits permitted in accordance with the applicable international conventions and / or EU regulations pertaining to the individual Travel Services.
16.5 Insured damage
The Organizer is not liable for damage of the Traveler covered by insurance, such as care, travel or cancellation insurance.
Each claim of the Traveler for compensation for damage will lapse two years after the Journey has taken place or if the trip has not taken place two years after the scheduled date of commencement.
16.7 No accumulation of fees
If due to the same event compensation or compensation is due under international treaties or EU regulations, such as the Regulation on air passengers’ rights in the event of denied boarding, cancellation or long delay, this compensation or compensation will not accumulate with the compensation or price reduction under this Agreement. The compensation or compensation will be deducted from the compensation or price reduction owed by the Organizer under this Agreement. For the above it does not matter whether the compensation or compensation under international treaties or EU regulations is owed by the Organizer or a travel service provider engaged by it.
Article 17 – Obligations of Traveler
17.1 Behavior and follow-up of instructions
The Traveler must act as a reasonably acting Traveler and is obliged to follow all instructions to promote the proper execution of the Organizer’s Journey and the Travel Service Providers.
17.2 Consequences of non-compliance – exclusion from participation
In the event of non-compliance with instructions or in the event that a Traveler causes a nuisance, the Organizer or the Travel Service Provider will be entitled to partially or wholly deny the Traveler the further participation in the Travel or Travel Service. The Traveler is not entitled to a refund of funds in such a case. Further costs incurred as a result are for the account and risk of the Traveler.
Before proceeding to the exclusion of participation, the Traveler is first given an oral or written warning. A warning is not required if this can not be demanded from the Organizer or Travel Service Provider given the circumstances of the case, taking into account the behavior of the Traveler, the expected chance of improvement of the behavior, the effect on the Voyage and other Travelers, the risk of damage and the safety of the Travelers and others.
17.4 Liability traveler
The Traveler is liable for damage caused by his behavior, failure to comply with the obligations in this article or damage that must otherwise be attributed to him. The Traveler indemnifies the Organizer of claims from Travel Service Providers or third parties involved in the Travel for damage caused or attributed to him by the Traveler.
17.5 Check time of return journey
The Traveler must verify the exact time of departure no later than 24 hours before the scheduled commencement of the return journey.
Article 18 – Complaints
Before the start of the Journey, the Organizer will provide the contact details in case of emergency of the Organizer and, if applicable, his local representative.
18.2 Reporting on the spot
If the Passenger believes that the Journey is performed in a non-compliant manner, he must report this non-conformity immediately, but in any case during the Journey to the Travel Service Provider concerned so that he can find a solution. If the tour guide of the Organizer is on site, the complaint must also be reported to the tour guide without delay. If there is no tour guide on site, the complaint must also be clearly reported to the Organizer. This notification can be made per whatsapp, SMS text message, by telephone by e-mail. The Organizer sends the Traveler a confirmation of the report via the same medium and by e-mail.
18.3 Communication costs
The costs of the necessary communication with the Organizer will be borne by the Organizer. The Traveler must, as far as possible, limit the costs by, for example, making use of internet calling, WhatsApp and e-mail.
18.4 Report unresolved complaint after return
All complaints that according to the Traveler are not or not fully remedied or compensated during the Voyage, must be submitted to the Organizer in Writing and with reasons within two months after the return. The Organizer is obliged to respond with motivation within one month of receipt of the complaint.
18.5 Consequences not or late notification of the non-conformity or complaint
Not complaining or not complaining in time in accordance with the second paragraph [Reporting on the spot] of this article may affect the amount of any price reduction or compensation, unless the Organizer’s interests are not adversely affected by not complaining in time. 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 19 – Other provisions
19.1 Third party rights
Subordinates, auxiliary persons 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.
19.2 Replacement provisions
If mandatory law precludes the validity of a provision in these Conditions or if a provision is annulled, that provision shall be deemed to have been converted into a valid provision that, as far as possible, approximates the original intention in terms of content and scope.
19.3 Applicable law
Only Dutch law applies to the offer, the Agreement and the execution of the Agreement. Without prejudice to this choice of law, a consumer shall enjoy the protection afforded by the mandatory law of his country of residence if the Organizer directs commercial activities (including advertising) on the agreed journey to the country where the consumer is domiciled, unless the services are not entirely or partially performed in that country.
19.4 Competent court
The Dutch court has exclusive jurisdiction, unless this is contrary to mandatory law.