Terms and Conditions / AfrikaOnline
General
These terms and conditions apply to all services and agreements of Holiday Accommodation v.o.f., AfrikaOnline. The terms and conditions apply insofar as they do not conflict with mandatory law. The invalidity of one or more provisions does not affect the validity and applicability of the remaining provisions.
Article 1 – Formation of the travel agreement
1.1 The travel agreement is concluded by the traveller's acceptance of the tour operator's offer. In the case of a written booking, the day on which the fully completed booking form, signed by the traveller, is received shall be deemed the day on which the travel agreement is concluded. If the traveller is a minor, the booking form must also be signed by a parent or guardian of the minor.
1.2 The tour operator's offer is non-binding. The offer may, in relevant cases, be revoked upon acceptance or immediately thereafter.
1.3 The content of the travel offer shall be determined by the data as published on the website or in other travel offer publications of the tour operator. Obvious errors or mistakes in a publication shall not bind the tour operator. The tour operator cannot be held to the content of information material issued under the responsibility of third parties.
1.4 A traveller who enters into a travel agreement on behalf of or for the benefit of other traveller(s) shall be jointly and severally liable for all obligations arising therefrom. The traveller referred to in the preamble of this clause is obliged to disclose, upon registration, relevant personal circumstances of the other travellers that may affect the execution of the travel agreement (such as, for example, age, disability).
1.5 If the traveller expresses certain preferences at the time of entering into the travel agreement concerning services to be provided by the tour operator, such as a preference for a particular seat on an aeroplane, the location of a hotel room, etc., these stated preferences will be taken into account as much as possible. However, no rights can be derived from these preferences, despite.
Article 2 – Payment
2.1 Upon conclusion of the travel contract, the traveller must pay a deposit of 10% of the total travel cost, rounded up to the nearest €5. If a minimum deposit is required for certain trips, which differs from the above, the tour operator will clearly state this in the travel offer. In that case, the different amount will apply as the required deposit. At the same time as the deposit is paid, the premium due for cancellation insurance must be paid, where applicable.
2.2 The remainder of the travel sum must be paid no later than 56 days before the start date of the trip. If the travel agreement is concluded within 56 days before the start date of the trip, the full travel sum must be paid within eight days of the invoice date.
2.3 If different payment terms apply for specific journeys, this will be stated in the tour operator's brochure or other published travel offers. In that case, the deviating payment terms shall apply.
2.4 Non-payment on time may, after a reminder, lead to immediate termination of the travel agreement by the tour operator. In that case, the provisions relating to cancellation by the traveller will apply, and the portion of the travel sum already paid will be settled against the cancellation fees.
2.5 If the passenger has not met their financial obligations in a timely manner, they shall be liable to pay interest on the principal sum at a rate of 1% per month for each month or part of a month of delay. Furthermore, they shall be liable to pay collection costs amounting to 15 % of the amount claimed, subject to a minimum of €100.
Article 3 – Travel Allowance
3.1 The published travel sums are per person and only include the services and facilities as described in the packages in the tour operator's publications.
3.2 The amount of the published tour prices is based on prices, exchange rates, fuel prices, duties and taxes, as known to the tour operator at the time of printing the publication or quotation/booking confirmation. The tour operator reserves the right, even with regard to already concluded travel agreements, to increase the tour price up to two weeks before the departure date as a result of increases in the aforementioned prices. In the event of an increase in the tour price, the tour operator will always indicate how this increase has been calculated.
3.3 If the full travel sum has not been paid on time, the tour operator has the right to increase the travel sum up to the commencement of the trip in connection with changes in exchange rates and transport costs (including fuel costs), the applicable taxes and the applicable exchange rates. The tour operator shall indicate how the increase has been calculated.
Article 4 – Travel duration and travel itinerary
4.1 The duration of the trip stated in the tour operator's publication is given in full days, with the day of departure and arrival, regardless of the time, counting as full days. If there is a discrepancy between the times stated in the publication and the times stated in the travel documents, the latter shall be decisive.
4.2 Incidental or structural changes to carrier timetables and flight schedules may affect departure, arrival, or journey times. The departure, arrival, or journey times will therefore always be those initially provided by the tour operator, or those based on the carrier's amended timetables and flight schedules. Consequently, there can never be a delay for which the tour operator is liable during the performance of the travel agreement. Except for claims under any travel and/or cancellation insurance taken out by the traveller, the traveller is not entitled to a refund of part of the travel sum if the departure times as a result of the aforementioned changes deviate by no more than 36 hours from the original time. If, during the journey, it becomes apparent that the journey duration is extended as a result of these changes, the costs for additional accommodation shall be borne by the traveller. The traveller may attempt to recover the additional costs from the relevant carrier. The tour operator is only liable for damage resulting from its own actions or omissions if this is due to its own gross negligence or wilful misconduct.
Article 5 – Luggage, travel documents and identification
5.1 The traveller must be in possession of all required, valid travel documents, such as a passport, visas, vaccination certificates, etc., at the time of departure. Given the significant importance of this, the traveller must have the general information provided by the tour operator checked for applicability, completeness and currency by the relevant authorities and institutions.
5.2 The tour operator shall not be liable in the event that the traveller is unable to participate in the trip, or parts thereof, as a consequence of shortcomings in their travel documents.
5.3 Unless otherwise agreed, the travel documents (tickets, vouchers, etc.) will be sent to the traveller 14 days before departure. The traveller who has not received the necessary travel documents in good time is obliged to report this to the tour operator no later than five days before departure.
5.4 The tour operator is not liable for loss, damage or misplacement of luggage, travel documents and travel papers.
Article 6 – Amendments by the traveller
6.1 The traveller may request to amend the travel agreement. If the request for amendment does not constitute a cancellation and if the service providers involved in the travel arrangements agree to the request, the amendment can be made up to 42 days before departure.
6.2 The amendment costs shall be €70 (excluding VAT) per amendment, plus any additional communication costs and associated booking fees.
Article 7 - Cancellation by the traveller
7.1 Cancellation of the travel agreement by the traveller must be confirmed in writing. The date of the written cancellation shall be considered the cancellation notification date. In the event of cancellation, each traveller shall owe the following amounts. (only applies to land arrangements, different conditions apply to flight tickets)
up to 60 days before the day of departure: 20% of the tour price
from 60 days to 46 days before the day of departure: 30% of the tour price;
from 46 days to 35 days before the day of departure: 50% of the tour price;
from 35 days to 32 days before the day of departure: 75% of the total cost of the trip;
from 32 days before departure up to and including the day of departure: 100% of the tour price;
NB. This risk can be covered by taking out cancellation insurance.
A traveller who is prevented from taking a trip and who cannot claim reimbursement of cancellation fees under a cancellation insurance policy may have another suitable person take their place, subject to the following conditions:
that the service providers involved in the execution do not object to substitution; amendment or additional booking fees shall be borne by the traveller;
that the other party fulfils all the conditions relating to the travel agreement;
the other person receives a written declaration that they have taken note of the travel itinerary, the information provided by the tour operator, and the general terms and conditions;
d. that the request is submitted no later than 14 days before departure.
7.3 The traveller and the person replacing the traveller are jointly and severally liable to the tour operator for payment of the outstanding invoice in the traveller's name at the time of the replacement and any additional costs of the replacement.
Article 8 - Changes by the tour operator
8.1 The local conditions in the special destinations and the adventurous nature of the trips offered by the tour operator may necessitate adjustments to the travel itinerary before or during the trip. Changes to travel schedules due to persistent severe weather conditions also fall under the scope of this article. Adjustments may include (within reasonable limits) departing from a different airport, travelling by a different mode of transport, preferably of the same type, travelling with a different carrier, etc. The tour operator undertakes to minimise any adverse consequences for the traveller as much as possible. In exceptional cases, these adjustments to the travel itinerary may result in routes, excursions, accommodation and local transport deviating from what is indicated in the publication. In that case, the tour operator is obliged to offer the traveller alternatives that preserve the nature of the trip as much as possible. In these circumstances, it may occur that the tour operator and the traveller enter into new agreements regarding the relevant part of the travel agreement, which will be considered part of the original travel agreement.
8.2 The changes mentioned in article 8.1 will be considered changes within the meaning of art. 505 of the Dutch Civil Code (Book 7). The traveller may only reject the change if no reasonable alternative is available and if the change causes him a disadvantage of more than minor significance. Said changes will have no effect on the travel sum, unless otherwise agreed, nor will the traveller have a claim for damages against the tour operator on those grounds.
8.3 The tour operator has the right to make a substantial change to the travel agreement for important reasons. In that event, the traveller is entitled to an alternative, at least equivalent, trip, or a refund (of the part already paid) of the travel sum or a proportional part thereof in the event that the trip has already been partially enjoyed. If the traveller wishes to exercise their right to a refund, they must notify the tour operator thereof within 48 hours of receiving notice of the change.
8.4 All changes to the travel agreement mentioned in Article 8 and the circumstances that led to them shall be communicated to the traveller without delay.
8.5 If the changes referred to in Article 8 occur after the traveller's departure, the tour operator shall ensure that appropriate alternative arrangements are made with a view to continuing the trip. If it is impossible for the tour operator to make such an arrangement, or if the traveller does not accept the alternative arrangement for valid reasons, the tour operator shall ensure that the traveller is returned to the place of departure, or to another agreed place of return.
Article 9 – Cancellation by the Tour Operator
9.1 The tour operator may only terminate the travel agreement due to significant circumstances, of which the traveller shall be informed without delay, which are of such a nature that the tour operator cannot reasonably be expected to remain bound by the travel agreement. In that case, the traveller is entitled to an at least equivalent alternative trip, or to a refund of (the part of) the travel sum already paid, or a proportional part thereof if the trip has already been partially enjoyed.
9.2 The tour operator is entitled to terminate the travel contract without being held liable for any damages in the event that:
the number of registrations is less than the minimum number stated in the publication and the cancellation is made within the stipulated period;
In case of **force majeure**, which is understood to mean abnormal and unforeseeable circumstances, independent of the will of the party invoking it and the consequences of which could not have been avoided despite all precautions. **Force majeure** includes circumstances such as political unrest, war, natural disasters, shortages, general strikes, etc. When determining **force majeure**, local circumstances at the specific travel destinations covered by the travel agreement will be taken into account.
Article 10 - Tour Operator's Liability
10.1 Subject to the other provisions of this Article, the tour operator shall be liable for the proper performance of the obligations arising from the package travel contract. The obligations arising from the package travel contract shall also include the reasonable expectations which the traveller could have based on the tour operator's publications, taking into account facts of general knowledge relating to the specific destinations. The performance of the package travel contract shall also be assessed on the basis of the customs, state of technology, and the limitations and habits that the specific destinations and the adventurous nature of the tour operator's trips entail.
10.2 The tour operator shall not be liable for damages resulting from:
shortcomings in the performance of the travel agreement due to circumstances attributable to the traveller, including damages resulting from the traveller's health condition;
actions and influences of third parties not directly involved in the execution of the agreement;
circumstances not attributable to the tour operator and/or which cannot reasonably be attributed to the tour operator by law or generally accepted standards.
10.3 To the extent that it is not otherwise provided for elsewhere in these terms and conditions, the tour operator shall not accept liability for damage for which travel and/or cancellation insurance provides cover, unless the damage is due to the wilful misconduct or gross negligence of the tour operator.
10.4 If the tour operator can be held liable for loss of enjoyment of the holiday, or for damage suffered by the traveller in the exercise of their profession or business, the compensation shall never exceed a maximum of one times the holiday sum.
Article 11 – Traveller's Obligations
11.1 The traveller is obliged to follow all instructions from the tour operator or tour leader that promote the smooth execution of the trip. The traveller is liable for any damage caused by non-compliance with this obligation.
11.2 If the traveller causes such hindrance or nuisance that it significantly impedes the execution of the trip, they may be excluded from further participation in the trip by the tour operator or tour leader, respectively. If and insofar as the consequences of the hindrance and nuisance can be attributed to the traveller, all resulting costs will be for their account.
11.3 The traveller must confirm the exact departure time of the return flight with the airline concerned no later than 72 hours before the indicated departure time. In this case and/or if the traveller deviates from the itinerary during the trip or absconds from the tour leader's supervision and is therefore not present at the correct times for transport, all consequences thereof shall be borne by the traveller. Furthermore, in the latter case, no refund can be granted for parts of the journey not enjoyed.
11.4 The tour operator's obligation to provide help and assistance to a traveller in distress is severely hampered if they cannot rely on the help of an SOS centre included in their travel and luggage insurance. The traveller is therefore obliged to take out insurance providing full cover for risks covered by standard travel, accident and luggage insurance.
The traveller must indemnify the tour operator for consequences and damages resulting from the traveller not having taken out adequate travel, accident, and baggage insurance.
Article 12 – Complaints
12.1 Any complaints exceeding the scope of a single comment or note must be submitted in writing to the tour operator as soon as possible at the destination and/or origin of the complaint, and, where applicable, to the service provider concerned. If the complaint cannot be resolved satisfactorily on location, the traveller may submit the complaint in writing, with reasons, within one month of their return to the Netherlands. If the trip did not take place, the one-month period commences upon receipt of notification of the facts to which the complaint relates, at the latest on the original departure date.
12.4 Dutch law shall apply to the travel agreement and all obligations arising from it.
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