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General Travel Terms and Conditions Oleander Travel B.V.
Article 1 - Definitions
1. In these General Travel Terms and Conditions:
“Oleander Travel” means: Oleander Travel B.V., established in The Netherlands, in Leersum (3956XH), on the Meester Bosweg 3, registered at the Chamber of Commerce under number 51345269.
“Tour Operator” means: the party whose business consists of providing the public or a group of people with pre-arranged travel packages under its own name, in this case Oleander Travel.
b. The party on whose behalf the travel package has been arranged and who has accepted that arrangement
Article 2 - Applicability
2.1 These general terms and conditions apply to all offers and agreements between Oleander Travel and the Traveler.
2.2 Information about the tours offered by Travel Oleander is available on the website of Oleander Travel and/or brochures distributed, from time to time, information placed on the aforementioned website and in the brochures are indicative, but the offer is similar.
2.3 Oleander Travel is not obliged to conclude contracts on basis of the prices published on its website or brochures. Price Agreements involving transportation and/or car rental services are indicative data.
2.4 All prices stated in the Travel Contract and under these terms and conditions include, where applicable, VAT.
Travel Contract means: the contract where the Tour Operator provides to the other party a pre-arranged travel package, comprising an overnight stay or a period of more than 24 hours as well as at least two of the following services:
3. another tourist service, not related to transport or accommodation, which forms a significant part of the travel package.
Article 3 - Creation and content of contract
3.1 The contract is created upon the Traveler’s acceptance of the Oleander Travel’s offer. After the creation of the contract, the Traveler receives confirmation as soon as possible, either on paper or electronically, optionally in the form of an invoice.
3.2 The offer of Oleander Travel is made without obligation and can be withdrawn by the them if necessary. Withdrawal in order to correct errors in the calculation of the travel sum, or other errors, is permitted. Revocation due to correction of errors in the calculations is allowed.
3.3 Evident errors and evident mistakes are not binding upon the Tour Operator. Such errors and mistakes are errors and mistakes which – from the perspective of the average Traveler – were or should have been instantly recognised as such. Oleander Travel is not responsible for publications such as photographs, texts and leaflets issued under the responsibility of a third party.
3.4 The traveling days in the trip are also mentioned when transportation is included in the trip. The days of departure and arrival are included and count as whole days. The times listed in the travel documents are considered relevant times and not the times given in the publications.
3.5 Incidental or structural changes in schedules and flight schedules of carriers can affect the journey. The passenger is not entitled to a refund of the whole or of part of the fare if departure times vary due to the adjustments, no more than 36 hours from the original time. The Tour Operator is not liable for damages resulting from delay.
3.6 A Traveler agreeing on a travel contract on behalf of another Traveler is severally liable for all obligations arising from the agreement. The other passengers are liable for their part of the agreement. The Traveler who enters the travel agreement will provide for the conclusion of the agreement and its implementation required data regarding himself and any other passenger(s).
3.7 If the Traveler expresses certain preferences at the conclusion of the travel contract, such as location, room, seat aircraft, etc., such preferences will be taken into account as much as possible. However, no guarantees can be given despite the indication of these preferences on the travel documents and booking forms
3.8 If certain conditions (e.g. diet) are essential for the conclusion of the travel contract, then there is a question of essence. This should be made explicitly known to Oleander Travel when booking. Oleander Travel must confirm in writing that the essence can be accepted. A fee of € 28.00 can essentially be charged.
Article 4 - Payment
4.1 At the conclusion of the travel contract, a deposit of 15% of the total amount should be paid. Should the minimum deposit required be different from the above mentioned, the Tour Operator will clearly mention this. Where applicable, the premium payable for the cancellation should be paid simultaneously with the deposit.
4.2 The remaining amount must be paid and received by Oleander Travel at least 6 weeks before the start date of the trip. If the travel agreement is reached within the 6 weeks before the date of departure, the entire sum must be paid immediately.
4.3 If different payment terms are applicable for certain trips, this will be stated in the offer of the trip. In that case, the different payment terms will apply.
4.4 Late payment may lead to immediate cancellation of the travel contract by the Tour Operator. In that case, the provisions relating to cancellation by the Traveler (Article 10 of these Conditions) will apply and the deposited amount will be deducted from the cancellation fee.
Article 5 - Sum
5.1 The published price is per person in Euros, unless otherwise indicated. Here are included the services and facilities as defined and published in the arrangements
5.2 The published price is based on prices, exchange rates, duties and taxes as they were known to the Tour Operator at the time the publication went to press. The Tour Operator reserves the right, with regards to the travel contracts already agreed, up to 20 days before the day of departure, to increase the prices mentioned above. The Tour Operator will indicate how the increase of the fare was calculated.
5.3 As long as the travel sum has not been paid in full, the Tour Operator is entitled until 20 days before the day of departure (in the case of self-transport packages, before the first date of arrival at booked accommodation) to increase the travel sum on account of changes in the transport costs (including fuel costs), payable taxes, levies and applicable exchange rates. The Tour Operator will indicate how the increase was calculated.
Article 6 - Travel documents and luggage
6.1 The Traveler must be able to present the necessary documents, such as a valid passport, etc. at departure and during the trip. Given the great importance the documents should be checked by the Traveler on applicability, timeliness and completeness based on the information provided by the Tour Operator though the appropriate authorities.
6.2 The Tour Operator is not liable in case the Traveler is not able to participate to the whole or parts of the trip as a result of deficiencies in his/her travel documents . All costs incurred shall be borne by the Traveler.
6.3 The Tour Operator is not liable for loss, damage or loss of luggage and travel documents.
Article 7 Travel Documents
The Tour Operator will place the required travel documents in the possession of the Traveler no later than 10 days before the day of departure (in the case of self-transport packages, before the first date of arrival at booked accommodation), unless this cannot be reasonably required of the Tour Operator.
If the Traveler has not yet received the required travel documents by at most 5 working days before departure, he/she will notify the Tour Operator or the booking office without delay.
If a travel package is booked within 10 days before the day of departure (in the case of self-transport packages: before the first date of arrival at booked accommodation), the Tour Operator or the booking agency will indicate when and in what manner the required travel documents will be placed in the possession of the Traveler. If the Traveler has not received these accordingly, he/she will notify the Tour Operator or the booking agency without delay.
Article 8 - Amendments by the Traveler
The Traveler may request a change in the travel contract up to 28 days before departure. The change can be made if the change is not in the nature of a cancellation, and if the service involved in the travel version accept the request. The cost of this change is € 28.00. In addition, communication may be charged Oleander by Travel
Article 9 – Substitution
9.1 The Traveler may allow him/herself to be substituted by another person, provided this takes place in good time before departure. Substitution is subject to the following conditions:the other person(s) meet(s) all conditions governing the contract; and the request is submitted no more than 7 days before departure or in sufficient time to permit completion of the necessary actions and formalities; and the conditions of the service providers involved in the fulfillment of the contract do not oppose such a substitution.
9.2 The applicant, the Traveler and the substitute are severally liable vis-à-vis the Tour Operator for the payment of the outstanding part of the travel sum, the costs of the change and communication mentioned in article 7, paragraph 1 and any extra costs resulting from the substitution.
Article 10 Cancellation by the Traveler
If a contract is cancelled, the Traveler is liable to pay cancellation charges in addition to any booking charges. The cancellation charges are as follows:
· cancellation up to the 42nd day (exclusive) before the day of departure: the deposit.
· cancellation from the 42nd day (inclusive) up to the 28th day (exclusive) before the day of departure: 35% of the travel sum;
· cancellation from the 28th day (inclusive) up to the 21st day (exclusive) before the day of departure: 40% of the travel sum;
· cancellation from the 21st day (inclusive) up to the 14th day (exclusive) before the day of departure: 50% of the travel sum;
· cancellation from the 14th day (inclusive) up to the 5th day (exclusive) before the day of departure: 75% of the travel sum;
· cancellation from the 5th day (inclusive) up to the day of departure: 90% of the travel sum;
· cancellation on the day of departure or later: the full travel sum.
Article 11 - Termination by the Tour Operator
11.1 The Tour Operator may cancel the travel contract only due to compelling circumstances. Compelling circumstances mean circumstances of such a nature that further alignment of the Tour Operator to the travel contract cannot be reasonably demanded. If the cause of the cancellation is attributable and the Traveler suffers damage, the Tour Operator is required to make reparation in the manner specified in paragraph 2 of this Article damage.
11.2 In that case the passenger will be entitled to at least an equivalent alternative travel, or a refund of the (already paid) part of the fare.
11.3 The Tour Operator shall notify the Traveler in writing immediately the reasons of the termination.
11.4 The Tour Operator has the right to terminate the travel contract without being held liable for any damages in case:
1. the number of applications is less than the minimum number specified in the publication and notice is given within the period referred to in Article 12.5.
2. force majeure. Force majeure means unusual and unforeseeable circumstances, which are beyond the control of the party invoking it and the consequences of which could not be avoided despite all precautions.
Article 12 - Amendment by the Tour Operator
12.1 The special destinations and the local conditions of the tours offered by the Tour Operator, may entail that changes need to be made. Before or during the trip changes in the itinerary may occur. Such changes in the itinerary may result that routes, excursions, accommodation and local transport may differ from those indicated in the publication. The Tour Operator is then required to offer alternatives to the Traveler, which will maintain the nature of the trip as much as possible. The Tour Operator is obliged to reduce as much as possible any adverse consequences for the Traveler
12.2 The Tour Operator reserves the right to change an essential point of the conditions the trip and report it immediately to the Traveler. The passenger in that case will be entitled to an alternative, at least equivalent travel, or entitled to a refund (of the already paid portion) of the fare. If the Traveler wishes to exercise his right to a refund, he must inform the Tour Operator within 48 hours of receipt of the notice of the change.
12.3 If the changes mentioned in this article occur after the departure of the Traveler, the Tour Operator shall ensure that appropriate alternative arrangements are made with a view to continuing the journey.
12.4 If such arrangements are not possible, or not accepted by the passenger for valid reasons, the Tour Operator should provide the Traveler equivalent means of transport, to return him to the place of departure, or any other place of return agreed by the passenger.
12.5 The Tour Operator reserves the right to change due to grave circumstances as specified in Article 11.1. He has to inform the passenger within 72 hours (3 days). 10 days before departure (within 24 hours before the arrival date of the first booked accommodation if own transport is used to travel) he informs the Traveller within 24 hours (one working day).
12.6 If an amendment caused by the Tour Operator can be attributed to the provisions of Article 13 and the Traveler thereby suffers damage, the travel Tour Operator is obliged to compensate the damage. If the cause of the change can be attributed to the Traveler, these costs are borne by the Traveler.
Article 13 - Liability of the Tour Operator
13.1 Without prejudice to the provisions in articles 10 and 11, the Tour Operator is obliged to fulfill the contract in accordance with the expectations that the Traveler was reasonably entitled to have on the grounds of the contract. Account should be taken of facts of common knowledge regarding the special destinations. The implementation of the travel agreement should be based on use, the prior art, and the restrictions and practices which are generated by the special destinations of the tours of the Tour Operator.
13.2 The Tour Operator is not liable for damages due to:
1. shortcomings in the implementation of the travel agreement under circumstances which are attributable to the Traveler, including damages that result from the health condition of the passenger, or
2. actions and influences of third parties not directly involved in the implementation of the travel, or
3. circumstances not attributable to the fault of the tour operator and/or under Dutch law or the prevailing norms in society can not be allocated reasonably to the tour operator.
13.3 The Tour Operator accepts no liability for damage for which travel and/or cancellation insurance tends to give coverage.
13.4 Insofar as the Tour Operator can be held liable for damage suffered by the traveler, such liability shall be limited or excluded in accordance with the relevant international treaties.
13.5 If the Tour Operator to the Traveler is liable for loss of enjoyment, the fee shall not exceed the travel sum.
13.6 The liability of the Tour Operator for damages the traveler in the exercise of his profession or business is suffering will not exceed the travel sum.
13.7 Notwithstanding the preceding paragraphs of this article is the liability of the the Tour Operator for other damage caused by death or injury of passengers limited to not more than three times the travel sum.
Article 14 Obligations of the Traveler
14.1 The Traveler(s) is/are obliged to comply with all instructions of the Tour Operator to promote the proper fulfillment of the travel package and is/are liable for loss caused by any improper conduct on his/her/their part. The criterion for judging whether conduct is improper will be the conduct of a properly behaved Traveler.
14.2 If the Traveler causes such nuisance or inconvenience thereby making execution of the travel considerably more difficult, the Tour Operator can exclude the Traveller from further participation in the trip. Any resulting costs are borne by the Traveler if and insofar as the effects of nuisance and expense can be attributed to him.
14.3 The traveler is obliged to inform the service provider and/or the Tour Operator or his representative on site of every failure in the performance of the travel contract, in writing or in any other appropriate form as soon as possible.
14.4 The obligation of the travel company to provide the distressed traveler aid is severely hindered if it can not fall back on the help of the travel accident and baggage insurance’ SOS center. The traveler is therefore required to have a full coverage insurance for the risks covered by the standard travel accident and baggage insurance.
Article 15 - Complaints
15.1 Possible complaints that cannot be resolved by the local representative at the destination and / or the place where the complaint arose, should submit in writing or feel in any other appropriate form and submit it to the Tour Operator and, if applicable, the provider, as soon as possible. If the complaint cannot be dealt satisfactorily on the spot, the Traveler should submit his complaint as soon as possible, within one month after returning to the Netherlands.
15.2 If a complaint is not satisfactorily resolved, the Traveler may, if desired, may apply to the competent court of the District Court of Utrecht up to two months after the end of the journey.