These general booking conditions apply to contracts regarding travel organisation and travel conciliation.
ARTICLE 1: INFORMATION BECAUSE OF THE TOUR OPERATOR AND/OR TRAVEL ORGANISATION
The tour operator and/or -mediator is obliged:
- Before concluding the contract to travel organisation or to conciliation to the traveller to notify:
a. the general information concerning passports and visas and the formalities in the field of health care which are necessary for travel and staying, so that the travellers can bring in order the necessary documents.
b. information on contracting and the contents of annulments and/or assistance insurance;
- At last seven calendar days before the departure date, to supply to the travellers following information in writing:
a. time tables and intermediate stops and connections as well as, if possible, the seat to be taken by the traveller;
b. name, address, telephone and fax number of either the local representation of the tour operator and/or -mediator, or the local agencies which can help the traveller with difficulties, or directly the travel mediator or the tour operator.
ARTICLE 2: COMPLETION OF THE CONTRACT
- The contract to travel organisation arises on the moment that the traveller receives the written affirmative of the booked journey in duplicate from the tour operator.
- The travel affirmative is signed both by the traveller and the tour operator in duplicate. One copy of the contract, signed both by the traveller and the tour operator, is intended for the traveller, the other copy is intended for the tour operator.
ARTICLE 3: PRICE OF TRAVEL
- The price agreed in the contract is fixed and all obligatory services are included.
ARTICLE 4: PAYMENT OF THE TRAVEL SUM
- Signing of the contract and payment of the whole travel sum by the traveller takes place at the latest 2 months before the departure date.
ARTICLE 5: MODIFICATION BY THE TOUR OPERATOR BEFORE DEPARTURE
- If, before the commencement of the journey, one of the substantial points of the contract cannot be carried out, the tour operator informs the traveller as soon as possible about this, and in any case before departure will inform him concerning the possibility of breaking the contract without costs, unless he accepts the modification presented by the tour operator.
- The traveller informs as soon as possible, and in any case before departure, the travel mediator or tour operator of his decision.
- If the traveller accepts the modification, a new contract or a supplement to the contract must be established in which the introduced modifications and the influence of it on the price are communicated.
- If the traveller does not accept the modification, he can ask for the application of Article 6.
ARTICLE 6: BREAKING OF THE CONTRACT BY THE TOUR OPERATOR BEFORE DEPARTURE
- If the tour operator breaks the contract before the commencement of the journey because of circumstances not due to the traveller, the traveller is entitled to repayment, as soon as possible, of all amounts paid by him of the contract.
- The traveller can also, where appropriate, claim an indemnity for non-implementation of the contract, unless the annulment is the consequence of supremacy, among which double booking is not included. Under supremacy are understood abnormal and onforeseen circumstances which are independent of the will of he who appeals to them and of which the impact could not be avoided in spite of all precaution measures.
ARTICLE 7: WHOLE OR PARTIAL NON-IMPLEMENTATION OF TRAVEL
- If during the journey it appears that an important part of the services on which the contract is based, might not be carried out, the tour operator will take all necessary measures to offer appropriate and free of charge alternatives to the traveller with a view to the continuation of the journey.
- If such regulation appears impossible or if the traveller does not accept these alternatives for sound reasons, the tour operator must make available to him equivalent transport means which bring him back to the place of the departure.
- The circumstances on the spot and the adventurous character of offered journey can bring with it, that before or during the journey adaptations in the programme must be introduced. The tour operator obliges himself to limit the possible disadvantageous consequences on the traveller as much as possible.
- When during the journey a programme modification forces itself as a result of factors independently of the will of the organizer, the concerned travel leader will look for an alternative, taking into account the wishes of the participants. The travel leader takes the eventual decision.
ARTICLE 8: BREAKING OF THE CONTRACT BY THE TRAVELLER
- The traveller can break the contract at any time entirely or partially. If the traveller breaks the contract because circumstances due to him, he compensates the tour operator and/or -mediator for the damage suffered as a result of the breaking. Damages can be stipulated fixed and be amounted to at most once the price of travel.
ARTICLE 9: LIABILITY OF THE TOUR OPERATOR
- The tour operator is responsible for the good implementation of the contract, in accordance with the expectations the traveller can reasonably have on the basis of the provisions from the contract to the travel organisation, and for obligations resulting from the contract, irrespective of the fact that these obligations are carry out by himself or by addressing other suppliers of services and this notwithstanding the right of the tour operator to address these other suppliers of services.
- The tour operator is responsible for the actions and failures of his representatives, acting in the exercise of their function, as much as for his own actions and failures.
- If an international treaty applies to a service included in the travel contract, where appropriate, the liability of the tour operator in accordance with that treaty is excluded or limited.
- The tour operator is not responsible for unforeseen circumstances which result from supremacy, such as sudden modifications in regulations, delay or annulment of flights, accidents, strikes, epidemies, circumstances, war, etc. examples of which the enumeration is not restrictive. The extra transport or subsistence expenses which result are at the expense of the traveller.
- The tour operator nor the travel leader will be responsible for the possible adjournment by police forces and/or other authorities because of nonobservance by the traveller of the legal regulations. All impact of this is at the expense of the traveller.
- Given the adventurous character of the journey, the exactitude of services, carried out by third parties abroad, must be assessed to the local standards and habits.
ARTICLE 10: LIABILITY OF THE TRAVELLER
- The traveller is responsible for damage which the tour operator and/or mediator, their staff or their representatives by his error incur, as well as when he has not complied with his contractual obligations. The wrong is assessed according to the normal behaviour of a traveller.
ARTICLE 11: FORMALITIES
- Airline tickets are delivered at the tour operator for safety.
- The traveller must ensure a valid international travel passport. Visa applications can be looked after by the tour operator. All costs for applying for this visa are for drawing of the traveller.
- The traveller answers for possible vaccinations himself. Given that the tour operator has no medical competence, the traveller must evaluate the supplied information with a competent doctor or medical authority. Special health risks (like for example diabetes, astma, heart disorders etc.) must be identified at registration to the tour operator.
- The traveller must answer for all formalities concerning luggage and currencies. At inobservance of the legal regulations of the country concerned, the resulting damage is for drawing of the traveller.
ARTICLE 12: LUGGAGE
- The tour operator is not responsible for loss, theft or damage of luggage. The possible liability of carrier or hotel remain however remain.
- The recommendations concerning allowed weight of luggage must be followed. Possible extra cost for surplus is at the expense of the traveller.