Terms & Conditions

Article 1 – Definitions

Organiser: Travel Magical Nepal registered under Chamber of Commerce number 37116981, Alkmaar The Netherlands.

Traveller: any person who is seeking to conclude a Contract with the Organiser or any person who is entitled to travel on the basis of the Contract.

Travel service: the services that are part of the Trip, such as carriage of passengers, rental of motor vehicles, accommodation and excursions.

Travel service provider: The service provider that executes part of the Trip such as facilitators of accommodation, transport service providers, external guides, etc.).

Contract: the agreement regarding the booked Trip, including these Terms & conditions.

Written: in writing or by electronic means including e-mail.

Terms & conditions: these General Terms and conditions.

Package: a travel package (“pakketreis”) in the sense of article 7:500 sub b of the Dutch Civil Code.

Trip: a package or if the Terms & conditions are applied a sole Travel service.

Working days: Monday to Friday, with the exemption of Dutch public holidays, within office hours (9h-17h Dutch time).

Article 2 – Applicability of the Terms & conditions

2.1     Package travel

The Terms & conditions are applicable to all Packages offered by or concluded with the Organiser.

2.2     Travel service

The Terms & conditions can be applied to Travel services that are not part of a Package. Title 7a of part 7 of the Dutch Civil Code which determines rules on package travel is not applicable. These Travel services are not protected by guarantees for insolvency of the Organiser, unless in the offer it is mentioned which party provides insolvency protection for the offered Travel service and coverage is stipulated in the guarantee- or insurance conditions.

2.3     Derogation of the Terms & condition and additional terms and conditions

Derogation of the Terms & condition and additional terms and conditions are only valid in Written form and are superseding the conditions in these Terms & conditions.

 

BOOKING

Article 3 – Formation of the contract

3.1     Content of the offer

The offer of the Trip only contains the services and facilities that are explicitly mentioned in the offer and publications of the Organiser. Information in publications of Travel service providers are not part of the offer, whether or not there is a link provided to these publications in the offer of the Organiser. The period of the Trip is stated in whole days. The day of departure and arrival are counted as whole days.

3.2     Non-binding offer

The offer made by the Organiser is non-binding. After the offer has been accepted, the offer can be revoked by the Organiser until 17.00h of the next Working day.

3.3     Booking

De Contract is concluded after the Traveller has accepted the offer of the Organiser and subject to availability of the Trip.  

3.4     Apparent errors

Apparent errors in the offer do not bind the Organiser. If there is any reason for doubt, the Traveller should enquire with the Organiser.

3.5     Preferences

Preferences communicated by the Traveller are non-binding and do not create rights, unless the Organiser confirms in Writing that the preference shall be honoured. The sole reference as a preference on travel documents and the booking confirmation does not constitute this acceptance.

3.6     Special requirements

If the Traveller communicates medical requirements or other compelling interests as a ‘requirement’ to the Organiser before booking, the Organiser shall assess whether or not it can comply. If the Organiser cannot or does not want to comply, the contract shall not be concluded. The Organiser can alter the price of the trip due to the communicated requirements.

3.7     Confirmation of the booking

The Organiser will send a confirmation of the booking after the booking of the Trip and the check of availability.    

3.8     Revocation by the Traveller

A booking made by the Traveller is irrevocable. The Traveller has no right of withdrawal of the Contract.

3.9     Minors

The Traveller who books a Trip has to be an adult (18 yrs. or older).

3.10   Booking for other Travellers & communication

The Traveller that books for other Travellers, is fully liable for all obligations that arise from it. The other Travellers are liable for their own part. The booking confirmation, invoice, travel documents and other communication are only send to the Traveller that made the booking. The Traveller who books the Trip for others, is obligated to communicate all relevant personal information of those other Travellers. The Traveller who books the Trip for others, is obligated to send these Terms & conditions and all other relevant communication to those Travellers. The Traveller that made the booking indemnifies the Organiser for all damages that arise as a result of not performing the obligations stipulated in this provision.

 

INFORMATION

Article 4 – Information provided by the Organiser

4.1     Price

Indicated prices are per person, unless specifically stated otherwise.

4.2     Information during the booking process

Before or immediately after the conclusion of the Contract the Organiser provides the Traveller the Contract including accepted preferences, information on the travel documents needed (passport, visa, etc.) and health related formalities. This information is based on the Dutch nationality.

4.3     Travel documents

During the Trip the Traveller shall possess the necessary Travel documents, such as a passport, visa, vaccination, etc.. Due to the great importance, the Traveller has to verify with the relevant authorities whether the information is complete and up to date. The Traveller has to verify before booking whether or not there is sufficient time to obtain the necessary travel documents. If the Traveller cannot execute the Trip or parts of it due to the absence of the required travel documents, the arising costs will be borne by the Traveller.

4.4     Travel vouchers

The travel vouchers (transport tickets, vouchers, etc.) will be send to the Traveller at least 7 days before departure unless the invoice is not yet fully paid. If a Traveller has not received their travel vouchers 5 days before departure the Traveller has to inform the Organiser immediately.

4.5     Information on insurance

The Organiser will provide the Traveller with information about the possibility to take out a travel insurance and a trip cancellation insurance. The Organiser can oblige insurance coverage if the Organiser has informed the Traveller before the booking is made.

Article 5 – Information to be provided by the Traveller

5.1     Relevant information of the Traveller(s)

Before booking the Traveller who books the Trip provides all relevant information of the Travellers. In particular information that can be of influence to the health and safety of the Traveller or others. If the information provided is incorrect or incomplete the Traveller can be excluded from participation. In that case the Traveller will be charged cancellation costs in accordance with article 9 paragraph 2 [cancellation costs]. Other costs arising from this will be borne by the Traveller as well.

5.2     Reduced mobility, pregnant women and illness

Travellers with reduce mobility and the persons that accompany them, pregnant women, and Travellers with illness with a possible effect on the Trip have to indicate this to the Organiser before the conclusion of the Contract or at least as soon as the Traveller takes notice because of possible effects on the Trip and especially air travel. The Traveller has to verify themselves if they need a medical statement that allows them to travel.

 

BEFORE THE TRIP

Article 6 – payment

6.1     Down payment

The down payment is 20% of the price of the Trip plus when applicable the full amount of flight tickets. The payment has to be received within 14 days after booking.

6.2     Payment of the remaining amount

The remaining amount of the price of the Trip shall be paid at the latest 6 weeks before the start of the Trip. If the Trip is booked within 6 weeks before the start of the Trip, the full price shall be paid immediately after booking. In all circumstances full payment has to be received before the start of the Trip.

6.3     Default and interest

         If the Traveller has not paid before the agreed term, the Traveller shall be in default without any prior notice of default. From that moment statutory interest is due over the outstanding amount.

6.4     Extrajudicial collection costs

The Traveller has to pay extrajudicial collection costs if the Traveller has not paid before the final date, which was communicated by means of a formal Written reminder. The extrajudicial collection costs are: 15% of the amount of the claim up to € 2500, 10% of the subsequent €2500, 5% of the subsequent €5000 and 1% of the excess amount of the claim.

6.5     Further consequences of non-payment

As long as the Traveller has not paid the due amount, the Organiser can suspend sending the travel vouchers without further notice. If payment is not made after having send a formal reminder or if full payment has not been received before the start of the Trip, the Organiser can exclude the Traveller from participation. The obligation to pay remains in force. Instead of excluding the Traveller from participating, the Organiser can cancel the Contract and charge the cancellation costs to the Traveller as stipulated in article 9 paragraph 2.

Article 7 – Transfer of the Trip

7.1     Conditions and notification

A Traveller can transfer the Trip to another person who meets all conditions applicable to the Trip. Transfer of the Trip is only possible as far as the terms and conditions of the Travel service providers allow this. If flight tickets are part of the Trip, then transfer of the flight ticket is often not possible. Transfer of the whole Trip is then only possible if a new flight ticket is booked at the expense of the Traveller. The Traveller shall request the transfer at the latest 7 days before the start of the Trip.

7.2     Joint and several liability and extra costs

The Traveller and the person who agrees to take over the Trip, have a joint and several liability for the payment of the price and additional costs that arise as a result of the transfer, including costs for the alteration.

Article 8 – Alteration requested by the Traveller

8.1     Alteration

The Traveller who has booked the Trip can request the Organiser in Writing to alter the Contract. The Organiser is not bound to alter the Contract. The Organiser will inform the Traveller of the new price for the Trip. If the Traveller agrees on the costs of the alteration than the new price and alteration costs are due. If the new price is lower than the initial price then the difference is offset with the alteration costs.

8.2     Changing the date of departure

Unless the Organiser states the alteration constitutes a rebooking, the change of the departure date constitutes a cancellation of the contract and the conclusion of a new contract. The cancellation policy as set out in article 9 paragraph 2 [cancellation costs] is applicable to the cancelled contract.

Article 9 – Cancellation by the Traveller

9.1     Cancellation

The Traveller can cancel the booking at any time before the start of the Trip. The cancellation shall be in Writing. The day of reception of the cancellation by the Organiser, shall constitute the cancellation date. When the reception occurs after 17.00h (Amsterdam-time) or outside of Working days, the next Working day shall be the day of reception of the cancellation.

9.2     Cancellation costs

If a flight is included in the Trip and the Traveller cancels the booking, the following amounts are due:

1. Until 56 days before the day the Trip starts: the cancellation costs of the flight + 20% of the remaining price of the Trip.
   b. from 55 days up to 22 days before the day the Trip starts: the cancellation costs of the flight + 50% of the remaining price of the Trip.
   c. from 21 days up to 7 days before the day the Trip starts: the cancellation costs of the flight + 75% of the remaining price of the Trip. 
   d. from 6 days before the start of the Trip: 100% of the price of the Trip. 

If no flight is included the Traveller is obligated to pay the following amount:
a. Until 56 days before the day the Trip starts: 20% of the price of the Trip. 
b. from 55 days up to 22 days before the day the Trip starts: 50% of the price of the Trip. 
c from 21 days up to 7 days before the day the Trip starts: 75% of the price of the Trip. 
d. from 6 days before the start of the Trip: 100% of the price of the Trip.

9.3     Decreasing the number of travellers

When decreasing the number of Travellers within in a booking, the Organiser can, at its own choice, charge either one of the following cancellation costs:

• the standard cancellation costs as stipulated in paragraph 2 of this article;
• the full price of the cancelled Trip minus any savings as a result of the cancellation.

9.4     Cancellation costs when cancelling a rebooked Trip

In the event the Traveller and Organiser rebook the Trip to a later moment the following applies: If the Traveller cancels the rebooked Trip, the cancellation costs shall at least be the amount the Traveller would have to pay if the Traveller would have cancelled the day of rebooking.

9.5     Travel credits based on leniency policy

If the Trip is cancelled by the Traveller and out of leniency travel credits are attributed to the Traveller, the following provisions apply (unless other provisions are communicated):

• the travel credit shall be used within one year after its issue.
• the new Trip has to commence within two years after the issue of the travel credit.
• the travel credit is personal and not transferable.
• the travel credit can only be used for the same Trip at a later moment.
• if the Trip is more expensive at a later moment, the price difference will be charged to the Traveller.
• If the Traveller cancels a Trip that is booked with travel credits that were issued out of leniency, the travel credit expires.

Article 10 – Alteration of the price

10.1   Alteration of the price

The Organiser can increase the price of the Trip until 20 days before the start of the Trip due to a price revision of:

-the cost of fuel or other power sources, or;

– taxes or fees imposed by third parties not directly involved in the performance of the Contract.

The Organiser can reserve the right in the Contract to increase the price of the Trip until 20 days before the start of the Trip as a consequence of changes in the exchange rate. The method for calculating the price revision shall be included in the Contract.

10.2   Termination by the Traveller

If the price increase exceeds 8% of the Price of the Trip, the Traveller can terminate the Contract. In that case the paid price of the Trip is refunded to the Traveller.

10.3   Price reduction

If the right to a price increase is agreed, the Traveller has a corresponding right to a price reduction. An administrative expense of 30 euro shall be deducted from the refund that the Traveller is entitled to based on the price reduction.

Article 11 – Alterations made by the Organiser

11.1   Alteration

The Organiser can unilaterally make changes to the Contract before the start of the Trip as far as these alterations are insignificant. These alterations will be communicated to the Traveller.

11.2   Significant alteration

If necessary the Organiser can alter significantly the main characteristics of the Contract before the start of the Trip. This includes offering a substitute Trip. The Traveller can accept the alteration or cancel the Contract without payment of cancellation costs. If cancelled, the paid price of the Trip is refunded to the Traveller. The Organiser may specify a reasonable period within which the Traveller has to communicate its choice. If the Contract is not cancelled within the specified period, the alteration shall be deemed accepted and the right to cancel the Contract expires.

Article 12 – Cancellation by the Organiser

12.1   Minimum number of Travellers

The Organiser can cancel the Contract before the start of the Trip, if the number of persons enrolled for the Trip is smaller than the minimum number stated in the Contract and the Organiser notifies the Traveller of the cancellation of the Contract not later than:

– 20 days before the start of the Trip in case the Trip lasts more than 6 days

– 7 days before the start of the Trip in case the Trip lasts between 2 and 6 days

– 48 hours before the start of the Trip in case the Trip lasts less than 2 days

12.2   Cancellation due to Force Majeure

The Organiser can cancel the Contract before the start of the Trip, in the event of force majeure, which is defined as unavoidable and extraordinary circumstances.

12.3   Refund of the price of the Trip – no compensation for damages

In the aforementioned events, the Organiser will refund the payment of the Trip within 14 days and no compensation for damages is due. No refund will be made for services not included in the Contract such as vaccinations, visa, materials bought, insurance and if not included in the Trip flights, tickets, accommodation, a.s.o..

12.4   Cancellation that is attributable to the Traveller

If the Traveller does not meet the predefined conditions of participation or the information of the Traveller regarding experience, skills, physical or mental condition or other relevant subjects that has been communicated is incomplete or erroneous, the Organiser can cancel the Contract. The cancellation policy as set out in article 9 paragraph 2 [cancellation costs] is then applicable to the cancelled contract.

PERFORMANCE OF THE TRIP

Article 13 – Responsibility & lack of conformity

13.1   Proper performance of the Trip

The Organiser is responsible for the performance of the contracted Travel services, irrespective of whether those services are to be performed by the Organiser or by other Travel service providers. The Organiser shall perform the Contract in accordance with the reasonable expectations of the Traveller based on the publications, the Contract and the circumstances at the destinations.

13.2   Alteration in travel scheme or time schedule

The Organiser shall inform the Traveller about alterations in the travel scheme. If the Organiser is not aware of the place of stay, the Traveller shall only be informed through the e-mail address and mobile phone number that is known to the Organiser.

13.3   Duty to report about complaints

The Traveller shall report to the Travel service provider and the Organiser in accordance with article 17 [complaints] without undue delay about the lack of conformity of a Travel service specified in the Contract.

13.4   Remedy by the Organiser

The Organiser shall remedy the reported lack of conformity. There is no obligation to remedy the lack of conformity if this is impossible or this entails disproportionate costs.

13.5   Compensation

If the lack of conformity cannot be solved, the Organiser (or Travel service provider) will discuss the situation with the Traveller and when appropriate offer compensation or an alternative. The Traveller is not entitled to compensation or an alternative when the lack of conformity is attributable to the Traveller.

Article 14 – Assistance

14.1   Obligation to provide assistance

The Organiser provides assistance to the Traveller in difficulty, in particular by providing appropriate information on health services, local authorities and consular assistance and by assisting the Traveller to make distance communications and helping to find alternative travel arrangements.

14.2   Costs

The Organiser shall charge a reasonable fee if the difficulty is caused by the Traveller with intent or through its negligence.

 

LIABILITY

Article 15  Attribution, force majeure and limitations to liability

15.1   Attribution & force majeure

The Traveller shall not be entitled to compensation for damages of the Traveller as a result of a lack of conformity that is attributable to:

1. the Traveller;
2. a third party unconnected with the provision of the Travel services included in the Contract and the lack of conformity is unforeseeable or unavoidable, or;
3. unavoidable and extraordinary circumstances.

15.2   Limitation to liability

Liability of the Organiser for damages is limited to three times the price of the Trip, unless the damage is a result of death of personal injury of the Traveller or caused intentionally or with negligence of the Organiser.

15.3   Limitations to liability based on international conventions and EU regulations

If the Organiser is liable for damages, including damages that are a result of death or personal injury, this liability will be excluded or limited up to the limitations that are allowed by the international conventions and/or EU regulations that are applicable to the concerned Travel service.

15.4   Insured damage

The Organiser is not liable for damages that are covered by an insurance, such as health care insurance, travel insurance, event insurance or cancellation insurance.

15.5   Limitation period (verjaring)

The period for introducing claims of the Traveller to compensation for damages and other claims is two years after the end of the Trip. If the Trip has not taken place the claim period ends two years after the planned date of departure. 

15.6   Expiration period (verval van recht)

Without prejudice to the limitation period and the duty to complaint in timely manner, all claims for damages of the Traveller expire three years after the start of the Trip.

15.7   No accumulation of compensation

The Traveller is not entitled to double compensation. If compensation for damages is indebted based on international conventions or EU regulations the Traveller will not also receive compensation based on this contract.

OBLIGATIONS OF THE TRAVELLER

Article 16 – Obligations of the Traveller

16.1   Behaviour and compliance with instructions

The Traveller shall behave as a reasonably acting Traveller and is obligated to comply with all instructions of the Organiser or Travel service providers.

16.2   Consequences of non-compliance – exclusion from participation

In case of non-compliance of the instructions or in case the Traveller causes nuisance, the Organiser and Travel service provider can exclude the Traveller from further participation on the Trip or a part thereof. The Traveller is not entitled to any refund. Other costs that arise are at the expense of the Traveller. 

16.3   Warning

Before excluding the Traveller from participation an oral or Written warning is given. A warning is not required if this is not appropriate considering all circumstances of the case.

16.4   Liability of the Traveller and indemnification

The Traveller is liable for damages caused by his behaviour, non-compliance with the obligations of this article or damage that are otherwise attributable to him. The Traveller indemnifies the Organiser from claims from Travel service providers involved with the Trip, other Travellers or third parties for damages that are caused by the Traveller or are attributable to him.  

16.5   Check departure time of the return journey

Ultimately 24 hours before the planned departure of the return journey the Traveller has to verify the exact departure time.

16.6   Formal health requirements

The Traveller has to fulfil all health requirements demanded by the country of destination and countries of transit. Governments can change these requirements at any time without prior announcement. The effects of these changes fall within the risk of the Traveller.

16.7   Measures taken by Travel service providers

Travel service providers can take all reasonable measures and require cooperation from the Traveller, amongst others to prevent and combat hazards, to reduce health risks, to prevent damage and/or to comply with government regulations. Non-compliance of the measures or instructions can lead to an exclusion of the Traveller from the Travel service and property.

16.8   Use of property

The Traveller shall use the provided property in a correct manner. Upon reception of the property the Traveller has to inspect it. Defects have to be notified immediately. The Traveller is liable for any damage, loss or theft of the provided property.

MISCELLANEOUS PROVISIONS

Article 17 – Complaints

17.1   Information

Before the start of the Trip the Organiser provides emergency contact details of the Organiser.

17.2   Report on site

If the Traveller perceives that the Trip is not performed properly, he has to report the lack of conformity immediately to the Travel service provider involved in order to enable them to resolve it. If a tour guide of the Organiser is on site, the complaint shall also immediately be reported to the tour guide. If there is no tour guide present on site, the complaint has to be reported clearly to the Organiser. The report can be made by Whatsapp, sms text message, by phone or during Working days within Dutch office hours (9-17h) also per e-mail.

17.3   Costs of communication

The Traveller shall limit possible communication costs, amongst others by using internet calls, Whatsapp and e-mail.

17.4   Report of unresolved complaints after the Trip

All complaints that in the perception of the Traveller are not fully resolved or compensated during the Trip, shall be reported to the Organiser within two months after the Trip, in Writing and mentioning the reasons.   

17.5   Consequences of not reporting (on time) the lack of conformity or complaint

Not reporting the complaint or not reporting the complaint on time in accordance with the second paragraph [Report on site] of this article can be of influence on the amount of a possible compensation, unless the interests of the Organiser are not impaired by the late complaint. Late complaints after the return of the Trip will not be processed, unless this is unreasonable considering the circumstances.

Article 18 – Miscellaneous provisions

18.1   Rights of third parties

Subordinates, auxiliaries and other parties involved in the performance of the Contract can rely on the provisions of this Contract and these Terms & conditions in relation to the Traveller (including the limitation of liability).

18.2   Substitute provisions

If mandatory provisions of law render a provision of these Terms & conditions invalid, or a provision is annulled, the provision is deemed to have been converted to a valid provision that has a content and meaning that as close as possible reflects the original intentions.

18.3   Governing law

The offer, the Contract and the performance of the Contract are exclusively governed by the law of the Netherlands, unless this is in conflict with mandatory provisions of law.

If the consumer has his habitual residence outside of the Netherlands at the time of booking, the following applies:

Without prejudice to this choice of law, the consumer will be protected by mandatory provisions of the law of his country of residence when (cumulative):

-the Organiser directs his commercial activities regarding the Contracted Trip to the Country of residence of that consumer

– the contracted Travel services are partially or entirely provided in that country. 

18.4   Jurisdiction

The court of law within whose working area the Organiser is established, shall have exclusive jurisdiction regarding the contract and all related matters, unless this conflicts with mandatory provisions of law.Additionally the Organiser may choose to file a law suit against the Traveller in the court district of their habitual residence.

Registered address

J.M. Graadt van Roggenweg 21 1862 XP Bergen Noord-Holland.

 

 

Terms & Conditions

Our contract 

All bookings are made with AutomaMA BV (us/we), trading as Travel Magical Nepal.  By booking a trip with us you are deemed to have agreed to these Booking Conditions (which constitutes the entire agreement between you and us) and your booking will be accepted by us on this basis. The services to be provided are those referred to in your booking confirmation invoice.

Validity

Dates and itineraries are valid until 31 December 2021. Beyond 31 December 2021 dates and itineraries are indicative only.

Acceptance of booking and final payments   

If we accept your booking we will issue a confirmation invoice.  A first payment of 20% will be charged to be payed within 2 weeks after receiving in invoice. A contract will exist between us from the date we issue the confirmation invoice or if you book within 7 days of departure the contract will exist when we accept your payment.  Please refer to your booking confirmation invoice for details regarding final payments. Payment of the balance of the trip price is due 8 weeks before the departure date If this balance is not paid on or before the due date we reserve the right to treat your booking as cancelled.

Prices & surcharges 

Our trip prices are subject to variable and seasonal pricing, both of which are standard practice within the travel industry. This means our trip prices may vary at any time in accordance with demand, market conditions and availability. It is likely that different passengers on the same trip have been charged different prices. Your best option if you like the price you see is to book at that time. Once you have received a quote the price will be locked in provided you pay the required deposit prior to the quote’s expiry. Any reduced pricing or discounts that may become available after you have paid your deposit will not apply. If you wish to cancel your booking to take advantage of a cheaper price, full cancellation conditions apply. The most up to date pricing is available on our website. Prices are based on currency exchange rates as of November 2017; note that prices may vary depending on which currency the booking is made. We reserve the right to impose surcharges up to 56 days before departure due to unfavorable changes in exchange rates, increases in airfares or other transportation costs, increases in local operator costs, taxes, or if government action should require us to do so.  In such instances we will be responsible for any amount up to 2% of the trip price and you will be responsible for the balance. If any surcharge results in an increase of more than 10% of the trip price you may cancel the booking within 14 days of notification of the surcharge and obtain a full refund. We will not surcharge any booking for travel within the validity of this brochure once paid in full.  Air Passenger Duty is included in the price of your air inclusive trip. Please note that a surcharge may be applied to all purchases made by credit card.

Your details

In order for us to confirm your travel arrangements you must provide all requested details with the balance of the trip price. Necessary details vary by trip; they include but are not limited to full name as per passport, date of birth, nationality, passport number, passport issue and expiry date and any pre-existing medical conditions you have which may affect your ability to complete your travel arrangements. Failure to provide requested details may result in additional charges or non-refundable cancellation of your trip.

Cancellation by the traveller  

If you cancel some or all portions of your booking cancellation fees will apply.  A cancellation will only be effective when we receive written confirmation of the cancellation.  If you cancel a trip:

• 56 days or more prior to departure, we will retain the deposit;
• between 31 and 55 days prior to departure, we will retain the deposit or 50% of the total booking cost; whichever is greater, and
• 30 days or less prior to departure, we will retain 100% paid by you in connection with the booking.

You are strongly advised to take out cancellation insurance at the time of booking which will cover cancellation fees.  If you leave a trip for any reason after it has commenced we are not obliged to make any refunds for unused services.  If you fail to join a tour, join it after departure, or leave it prior to its completion, no refund will be made. The above cancellation fees are in addition to fees which may be levied by accommodation providers, travel agents or third party tour and transport operator fees.

Cancellation by us

We may cancel a trip at any time up to 56 days before departure, subject to clause 14.  We may cancel a trip at any time prior to departure if, due to terrorism, natural disasters, political instability or other external events it is not viable for us to operate the planned itinerary. If we cancel your trip, you can transfer amounts paid to an alternate departure date or receive a full refund.  In circumstances where the cancellation is due to external events outside our reasonable control refunds will be less any unrecoverable costs.  We are not responsible for any incidental expenses that you may have incurred as a result of your booking including but not limited to visas, vaccinations, travel insurance excess or non-refundable flights.

Booking amendments 

If you wish to transfer from one trip to another or transfer your booking to a third party you must notify us at least 56 days prior to the proposed departure date.  A fee of €150 per person per change will apply (in addition to any charges levied by hotels, ground operators or airlines).  If you notify us less than 56 days prior to the proposed departure date the refund policy applicable to cancellations will apply.  Transfers to a third party are only permitted where the transferee meets all the requirements in relation to the trip, and transfers to another departure can only be made to a departure within the current validity period.

Amendments to any other arrangements made in conjunction with your trip will incur a €100 administration fee per booking per change. This fee is in addition to any charges levied by hotels, ground operators or airlines. No amendments are permitted to your booking within 10 days of departure.

Inclusions

The land price of your trip includes:

• All accommodation as listed in the Trip Detail Information
• All transport listed in the Trip Detail Information
• Sightseeing and meals as listed in the Trip Detail Information
• The services of a group leader as described in the Trip Detail Information

 

Exclusions

The land price of your trip does not include:

• International or internal flights unless specified
• Kitty as specified in the Trip Detail Information
• Airport transfers, taxes and excess baggage charges unless specified
• Meals other than those specified in the Trip Detail Information
• Visa and passport fees
• Travel insurance
• Optional activities and all personal expenses

Overland kitty

On some Overland trips you are required to contribute to a Kitty. The Kitty is a compulsory on-ground payment put into a central fund and overseen by the travellers and the crew. It helps fund accommodation, camp meals and some included activities. A full description of what the Kitty includes is in the Trip Detail Information. Kitty amounts are subject to change so please check our website for the up-to-date amount 48 hours prior to your trip commencement.

Age & Health requirements

Minimum Age: For the majority of our trips the minimum age is 15 at the time of travel.  All travellers under the age of 18 must be accompanied by a legal guardian, or in lieu of a legal guardian, by an escort over the age of 18, appointed by their legal guardian.  The legal guardian or their designee will be responsible for the traveller under the age of 18’s day to day care. If a legal guardian elects to designate an escort in their lieu, they will be required to complete and sign a relevant document, to delegate their authority.

Please note we cannot guarantee triple or adjoining rooms for families; accompanying adults may be required to share with others in the group on a twin share basis.

Variations:  A minimum age of 18 applies to many Overland adventures, while a lower minimum age applies to Family trips. All bookings for our Family trips must include a child under the age of 18. The recommended minimum age for a Family Trip is 10, unless specified otherwise in the Trip Detail Information.

Maximum Age: For the majority of our trips we have no upper age limit though we remind you that our trips can be physically demanding and passengers must ensure that they are suitably fit to allow full participation. We are able to provide details on mandatory health requirements; however, we are not medical experts. It is your responsibility to ensure that you obtain proper and detailed medical advice at least two months prior to travel for the latest health requirements and recommendations for your destination.

Small groups & combination trips  

Our trips are guaranteed to depart once they have a minimum group size of 4 persons, unless it concerns a private trip. This means at times we can have groups with small numbers of travellers. If you would like to know how many people are booked on your trip or any combination trip it is part of please ask prior to making your booking.

Passport and visas 

You must carry a valid passport and have obtained all of the appropriate visas, permits and certificates for the countries which you will visit during your trip. Your passport must be valid for 6 months beyond the duration of the trip. It is your responsibility to ensure that you are in possession of the correct visas, permits and certificates for your trip; please refer to the Trip Detail Information for details. We are not responsible if you are refused entry to a country because you lack the correct passport, visa or other travel documentation.

Travel insurance

Travel insurance is mandatory for all our travellers and should be taken out at the time of booking.  Your travel insurance must provide cover against personal accident, death, medical expenses and emergency repatriation with a recommended minimum coverage of US$200,000 for each of the categories of cover. We also strongly recommend it covers cancellation, curtailment, personal liability and loss of luggage and personal effects. You must provide proof of your travel insurance on the first day of your trip; you will not be able to join the trip without it. If you obtain travel insurance through us you acknowledge that you are satisfied with the level of insurance we have arranged.

Flexibility

You appreciate and acknowledge that the nature of this type of travel requires considerable flexibility and you should allow for alternatives. The itinerary provided for each trip is representative of the types of activities contemplated, but it is understood that the route, schedules, itineraries, amenities and mode of transport may be subject to alteration without prior notice due to local circumstances or events.

Change of itinerary

While we endeavor to operate all trips as described we reserve the right to change the trip itinerary. Please refer to our website before departure for the most recent updates to your itinerary.

Before departure:  If we make a major change we will inform you as soon as reasonably possible if there is time before departure. The definition of a major change is deemed to be a change affecting at least one day in five of the itinerary. When a major change is made you may choose between accepting the change, obtaining a refund of money paid on the land portion of the trip only or accepting an alternative tour offered.

After departure:  We reserve the right to change an itinerary after departure due to local circumstances or events outside of our control.   In such emergency circumstances the additional cost of any necessary itinerary alterations will be covered by you. Please note we are not responsible for any incidental expenses that may be incurred as a result of the change of itinerary such as visas, vaccinations or non-refundable flights.

Authority on tour  

Our group trips are run by a group leader. The decision of the group leader is final on all matters likely to affect the safety or well-being of any traveller or staff member participating in the trip. If you fail to comply with a decision made by a group leader, or interfere with the well-being or mobility of the group, the group leader may direct you to leave the trip immediately, with no right of refund.  We may also elect not to carry you on any future trips booked. You must at all times comply with the laws, customs, foreign exchange and drug regulations of all countries visited, and you also agree to travel in accordance with our responsible travel guidelines.

Acceptance of risk

You acknowledge that the nature of the trip is adventurous and participation involves a degree of personal risk. You will be visiting places where the political, cultural and geographical attributes present dangers and physical challenges greater than those present in our daily lives. We use information from government foreign departments and reports from our own contacts in assessing whether the itinerary should operate. However it is also your own responsibility to acquaint yourself with all relevant travel information and the nature of your itinerary. You acknowledge that your decision to travel is made in light of consideration of this information and you accept that you are aware of the personal risks attendant upon such travel.

Limitation of liability

We will accept liability for the negligence of our staff or agents causing death or physical injury to persons or loss or damage to personal property only to the extent it is obliged under the applicable law.  Our obligations, and those of our suppliers providing any service or facility included in your holiday, are to take reasonable skill and care to arrange for the provision of such services and facilities. This acceptance of liability is subject to clause c. below.

In other circumstances we are responsible to you for the proper performance of this contract. This acceptance of liability is subject to clause c. below.

we shall not be liable for any damage or loss if the failure to carry out the contract is:

• attributable to you.
• attributable to a third party unconnected with the provision of the services contracted for and the event is unforeseeable or unavoidable.
• due to unforeseen and unusual circumstances beyond our control, the consequences of which could not have been avoided even if all due care had to be exercised.
• due to political disputes, border closures, refusal of visas, industrial action, climate or other matters of a similar nature and any other force majeure.
• due to an event which the Company, even with all due care, could not foresee or forestall.

1. Except in cases involving death, injury or illness, any liability covered under clause b. above is limited to3 times the price paid.  In the case of damaged property the liability is limited to a maximum amount equal to the amount paid by or on behalf of the owner of the property. In all cases the Company specifically excludes all liability for indirect or consequential loss or expense including loss of profits and in all cases our liability will be limited in accordance with and/or in an identical manner to the contractual terms of the companies that provide the transportation for your travel arrangements.
2. Where your trip arrangements involve travel by air, rail or sea, or hotel accommodation, the compensation is limited by the following international conventions respectively: Warsaw Convention as amended 1955, Bern Convention 1961, Athens Convention 1974 and Paris Convention 1962. We are to be regarded as having all benefit of any limitation of right to claim or compensation contained in these or any conventions..
3. our acceptance of liability in clauses a and b above is subject to assignment by you of your rights against any agent, supplier or sub-contractor which is in any way responsible for the unsatisfactory arrangements or your death or personal injury.
4. Flight Notice, Flight Information and EU Blacklist.

This is a notice required by European Community Regulation (EC) No.889/2002.This notice cannot be used as a basis for a claim for compensation, nor to interpret the provisions of the Regulation or the Montréal Convention, and it does not form part of the contract between the carrier(s), us and you, nor part of a claim. No representation is made by the carrier(s) or us as to the accuracy of the contents of this notice.

Air carrier liability for passengers and their baggage:

This information notice summarises the liability rules applied by Community air carriers as required by Community legislation and the Montréal Convention.

Compensation in the case of death or injury: There are no financial limits to the liability for passenger injury or death. For damages up to 100,000 SDRs (approximately £80,000 / €120,000) the air carrier cannot contest claims for compensation. Above that amount, the air carrier can defend itself against a claim by proving that it was not negligent or otherwise at fault.

Advance payments: If a passenger is killed or injured, the air carrier must make an advance payment, to cover immediate economic needs, within 15 days from the identification of the person entitled to compensation. In the event of death, this advance payment shall not be less than 16000 SDRs (approximately £13,000 /€19,300).

Passenger delays: In case of passenger delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for passenger delay is limited to 4150 SDRs (approximately £3,300 / €5,000).

Baggage delays: In case of baggage delay, the air carrier is liable for damage unless it took all reasonable measures to avoid the damage or it was impossible to take such measures. The liability for baggage delay is limited to 1000 SDRs (approximately £800/€1,200).

Destruction, loss or damage to baggage: The air carrier is liable for destruction, loss or damage to baggage up to 1000 SDRs (approximately £800) In the case of checked baggage, it is liable even if not at fault, unless the baggage was defective. In the case of unchecked baggage, the carrier is liable only if at fault.

Higher limits for baggage: A passenger can benefit from a higher liability limit by making a special declaration at the latest at check-in and by paying a supplementary fee.

Complaints on baggage: If the baggage is damaged, delayed, lost or destroyed, the passenger must write and complain to the air carrier as soon as possible. In the case of damage to checked baggage, the passenger must write and complain within seven days, and in the case of delay within 21 days, in both cases from the date on which the baggage was placed at the passenger’s disposal.

Liability of contracting and actual carriers: If the air carrier actually performing the flight is not the same as the contracting air carrier, the passenger has the right to address a complaint or to make a claim for damages against either. If the name or code of an air carrier is indicated on the ticket, that air carrier is the contracting air carrier.

Time limit for action: Any action in court to claim damages must be brought within two years from the date of arrival of the aircraft, or from the date on which the aircraft ought to have arrived.

Basis for the information. The basis for the rules described above is the Montreal Convention of 28 May 1999, which is implemented in the Community by Regulation (EC) No. 2027/97 (as amended by Regulation (EC) No. 889/2002) and national legislation of the Member States.

In accordance with EU directive (EC) no. 2111/2005, Article 9, we are required to bring to your attention the existence of a ‘Community list’ which contains details of air carriers that are subject to an operating ban within the EU Community. The Community list is available for inspection at  www.air-ban.europa.eu.   In accordance with EU Regulation 2111/2005 we are required to advise you of the actual carrier operating your flight/connecting flight/transfer. We do this by listing carriers to be used or likely to be used on our confirming documents. The airline may use wide and narrow-body jets. Any changes to the actual airline after you have received your tickets will be notified to you as soon as possible and in all cases at check-in or at the boarding gate.

Optional activities

Optional activities not included in the trip price do not form part of the trip or this contract. You accept that any assistance given by your group leader or local representative in arranging optional activities does not render us liable for them in any way. The contract for the provision of that activity will be between you and activity provider.

Claims & complaints

If you have a complaint about your trip please inform your group leader or our local representative at the time in order that they can attempt to rectify the matter. If satisfaction is not reached through these means then any further complaint should be put in writing to us within 30 days of the end of the tour.

Severability

In the event that any term or condition contained in these Booking Conditions is unenforceable or void by operation of law or as being against public policy or for any other reason then such term or condition shall be deemed to be severed from this contract or amended accordingly only to such extent necessary to allow all remaining terms and conditions to survive and continue as binding.

Photos and marketing

You consent to us using images of you taken during the trip for advertising and promotional purposes in any medium we choose.  You grant us a perpetual, royalty-free, worldwide, irrevocable licence to use such images for publicity and promotional purposes.

Privacy policy

Any personal information that we collect about you may be used for any purpose associated with the operation of a Trip or to send you marketing material in relation to our events and special offers. The information may be disclosed to our agents, service providers or other suppliers to enable us to operate the Trip.  We will otherwise treat your details in accordance with the privacy policy according to the Dutch law.

Applicable law

The laws of The Netherlands govern these Booking Conditions to the fullest extent allowable.  Any disputes in connection with a trip or these Booking Conditions must be initiated in the courts of The Netherlands.

Registered address

J.M. Graadt van Roggenweg 21 1862 XP Bergen Noord-Holland.