Booking conditions

Definitions

Article 1 – Definitions.

Organizer: Friesland Holland Travel registered under Chamber of Commerce number 91524210
Traveler: any person who wishes to enter into an agreement with the Organizer regarding a Trip and any person who has the right to travel under the agreement;
Travel service means the services that are part of the trip, such as passenger transportation, baggage service and accommodations, among others.
Travel service provider: the service provider that performs any part of the Trip, such as accommodation providers, carriers, third party guides, etc.
Agreement: the agreement relating to the booked Trip, including these Terms and Conditions.
Written: in writing or electronically including by e-mail.
Conditions: these general terms and conditions.
Package tour: a package tour within the meaning of the law.
Trip: a Package Trip or if the Conditions are declared applicable thereto a single Trip Service.
Working days: Monday through Friday, excluding holidays recognized in the Netherlands, within working hours (9am-17pm Dutch time).

Applicability of terms and conditions

Article 2 – Applicability of Conditions

2.1 Package Travel
These Conditions apply to all Package Travel offered by or agreed with the Organizer.

2.2 Travel Services
These Conditions may also be declared applicable to Travel Services that do not constitute a package holiday. Title 7a of Book 7 of the Civil Code containing rules on package travel agreements will not apply in that case. These Travel Services are not protected in the event of the Organizer’s insolvency, unless it is expressly stated in the offer which party provides cover and this follows from the guarantee or insurance conditions.

2.3 Differing and additional conditions
Differing and additional conditions must be agreed in Writing and take precedence over these Conditions.

The booking

Article 3 – Formation of Agreement

3.1 Content of offer
The offered Trip includes only the services and facilities expressly described in the Organizer’s offer and publications. Information in publications of Travel Service Providers is not part of the offer, regardless of whether a link to it is included in the Organizer’s offer. The stated travel duration is indicated in whole days, whereby the day of departure and arrival are counted as whole days.

3.2 Non-binding offer
The Organizer’s offer is non-binding and can be revoked by the Organizer after acceptance until 5 p.m. of the next Working Day.

3.3 Booking
The Agreement comes into effect once the Traveler accepts the Organizer’s offer and subject to availability of the Trip. If the Traveler books a trip that starts within 14 days, this does not count as a non-binding request, but as a booking that cannot be cancelled free of charge. The suspensive condition mentioned above applies in full. In this case, the Traveler shall owe the full travel price. See also the cancellation conditions under Article 9.2.

3.4 Manifest errors
Manifest errors in the offer are not binding on the Organiser. If there is reason for doubt, the Traveler should make inquiries.

3.5 Preferences
No rights can be derived from preferences submitted by the Traveler, unless the Organizer has confirmed in writing that the preference will be met. The mere mention as a preference on travel documents and the booking confirmation is insufficient for this purpose.

3.6 Special requirements
If the Traveler makes medical requirements or other weighty interests known to the Organizer as a ‘requirement’ when making the booking, the Organizer will assess whether it can meet them. If the Organizer is unable or unwilling to meet the requirements, the Agreement will not come into effect. The Organizer may make a price change in connection with the specified requirements.

3.7 Booking Confirmation
The Organizer will send a booking confirmation after booking the trip and checking availability.

3.8 Revocation by Traveler
A booking of the Trip is final. The Traveler has no right to revoke the Agreement.

3.9 Minors The Traveler booking the Trip must be of age.

3.10 Booking for other Travelers & communication
The Traveler who books for other Travelers is jointly and severally liable for all obligations arising therefrom. The other Travelers are each liable for their own share. The confirmation, invoice, travel documents and all other communications will be sent only to the Traveler making the booking. The Traveler booking the Trip for others is required to disclose relevant personal circumstances of those other Travelers at the time of booking. The Traveler booking the Trip for others is obliged to provide those other Travelers with these Terms and Conditions and other relevant communications. The Traveler who books the Trip indemnifies the Organizer for damages resulting from failure to comply with the above obligations.

Information

Article 4 – Information by the Organizer

4.1 Travel price Prices
Stated are per person, unless specifically stated otherwise.

4.2 Information by the Organizer at the time of booking
At the time of booking or immediately thereafter, the Organizer will provide the Agreement to the Traveler including the accepted preferences of the Traveler and information geared to the Dutch nationality about the necessary travel documents (passports, visas, etc.) and any health formalities.

4.3 Travel documents
The Traveler must have the necessary travel documents, such as passports, visas, vaccination certificates, etc., during the Trip. Given the great importance of these, the Traveler must check with the official authorities that the information is complete and up to date. Before booking the Trip, the Traveler should check whether there is sufficient time to obtain the necessary travel documents. If the Traveler cannot make the Trip or cannot make it in full due to the absence of the proper travel documents, the costs will be borne by the Traveler.

4.4 Travel documents
The travel documents (transport tickets, vouchers, etc.) will be sent to the Traveler no later than 7 days before departure, unless the invoice has not yet been paid in full. If the Traveler has not received the travel documents 5 days before departure, the Traveler must notify the Organizer immediately.

4.5 Information on insurance
The Organizer shall inform the Traveller of the possibility of taking out cancellation insurance and travel insurance. The Organizer may require such insurance if the Traveler has been informed of this prior to booking.

Information by the Traveler

Article 5 – Information by the Traveler

5.1 Relevant information from the Traveler(s)
Before booking, the booking Traveler shall provide all relevant information about the registered Travelers. In particular, information that may affect the health or safety of the Traveler or others. If the information provided is incorrect or incomplete, the Traveler may be excluded from participation. The Traveler shall then owe the cancellation fee in accordance with Article 9 paragraph 2 [cancellation fee]. Other costs shall also be borne by the Traveler.

5.2 Reduced mobility, pregnant women and illness
Travelers with reduced mobility and their companions, pregnant women and Travelers with an illness that may affect the Trip must report this to the Organizer at the time of entering into the Agreement or in any case as soon as possible after the Passenger becomes aware of it in connection with possible consequences for the Trip and, in particular, air travel. These Travelers must verify themselves with the carrier whether a medical certificate is required in order to travel.

Before the trip

Article 6 – Payment

Guarantee Scheme STO Garant
In order to comply with the legally required guarantee Friesland Holland Travel uses STO Garant. You can check this via the STO Garant participants page (www.stogarant.nl/deelnemers).

All information about STO Garant can be found at www.sto-garant.nl.

Each (travel) offer from Friesland Holland Travel clearly states whether the STO Garant guarantee applies. In the guarantee scheme you can read what the guarantee entails and which conditions apply.

You can find this guarantee scheme on the STO Garant website (www.sto-garant.nl/downloads).

If the STO Garant guarantee applies to your booking, you will not pay the travel sum to Friesland Holland Travel, but to the third-party funds account of Stichting Derdengelden Certo Escrow, a payment service provider registered with De Nederlandsche Bank (DNB) and the Authority for the Financial Markets (AFM).

This third-party funds foundation guarantees your travel sum until after your booking is completed. If services are not provided (in full and/or on time) due to financial insolvency of Friesland Holland Travel, STO Garant carries out the guarantee. In the guarantee regulations you can read how you can claim this in that case.

6.1 Down payment
The down payment is 15% of the travel sum. The deposit must be received within 14 calendar days after booking.

6.2 Final payment
The balance of the travel sum must be paid no later than 6 weeks before the start of the trip. For bookings made within 6 weeks before the start of the Trip, the full travel sum must be paid immediately after booking. In any event, full payment must be received before the start of the Trip.

6.3 Default and interest
If the Traveler fails to pay within the agreed period, the Traveler will be in default without further notice of default being required and will owe statutory interest on the outstanding amount.

6.4 Collection costs
The Passenger must pay extrajudicial collection costs if the Passenger has not paid within the final payment term set via a Written reminder. The extrajudicial collection costs are: 15% of the amount claimed up to €2500, 10% over the next €2500, 5% over the next €5000 and 1% over the excess.

6.5 Further consequences of failure to pay
As long as the Traveler has not paid, the Organizer may retain the travel documents. If payment is not made even after reminder or if payment is not made before commencement of the trip, the Organizer may exclude the Traveler from participation. The obligation to pay remains. Instead of excluding the Traveler from participation, the Organizer may cancel the Agreement and pay the cancellation fee due for this as stipulated in [artikel 9 lid 2] charged to the Traveler.

Substitution

Article 7 – Indemnification

7.1 Conditions and notification
A Traveler may transfer the Trip to another person. The other person must comply with all conditions attached to the Trip. Transfer is possible only to the extent permitted by the terms and conditions of the Travel Service Provider concerned.

7.2 Joint and several liability and additional costs
The Traveler and the person taking over the Trip are jointly and severally liable for the payment of the travel price and additional costs resulting from the substitution, including amendment costs.

Change at the request of the Traveler

Article 8 – Amendment at the request of the Traveler

8.1 Amendment
The Traveler who has booked the Trip may request the Organizer to amend the Agreement. The Organizer is not obliged to do so. The Organiser will inform the Traveller of the new travel price. If the Traveler agrees to the costs of the change, the new travel sum and change costs are payable. If the new travel sum is less than the original travel sum, the difference will be set off against the change costs payable.

8.2 Change of departure date
Unless the Organizer indicates a rebooking, the change of departure date constitutes the cancellation of the existing agreement and the creation of a new agreement. The cancellation regime of article 9 [annuleringskosten] applies to the cancelled agreement.

Cancellation by the Traveler

Article 9 – Cancellation by the Traveler

9.1 Cancellation
The Traveler may cancel the booking prior to the commencement of the Trip. Cancellation must be made in writing. The date on which the cancellation is received by the Organizer shall count as the time of cancellation. If received after 5 p.m. or outside Business Days, the next Business Day is considered the date of receipt.

9.2 Cancellation costs
In the event of cancellation by the traveller, the traveller will owe Friesland Holland Travel the following amounts per person:

1. Cancellations within 1 day of booking date where the arrival date is within 2 weeks of the time of booking: € 150.00 per booking as compensation for the already incurred reservation, administration and shipping costs and costs of compiling the travel information folder.
2. Cancellation between 1 day after booking date and 6 weeks before the arrival date confirmed on the invoice by Friesland Holland Travel: 15% of the booking amount.
3. Cancellation between 6 and 2 weeks before the arrival date confirmed by Friesland Holland Travel on the invoice: 50% of the booking amount.
4. Cancellation within 2 weeks before the arrival date confirmed by Friesland Holland Travel on the invoice: 75% of the booking amount.
5. Cancellation within 5 days before the arrival date confirmed by Friesland Holland Travel on the invoice: 100% of the booking amount.
6. Cancellation on and after the arrival date confirmed by Friesland Holland Travel on the invoice: the entire booking amount.

9.3 Reduction in number of Travellers
If within one booking the number of Travellers is reduced, the Organiser may, at its option, charge as cancellation costs:
– the standard cancellation charges mentioned in paragraph 2 of this article, or;
– the entire travel sum of the cancelled person minus the cost savings resulting from the cancellation.

9.4 Cancellation costs for cancellation after a rebooked trip
It may happen that the Traveler and Organizer rebook the trip to a later time. If the Passenger cancels the rebooked trip, the cancellation costs will be at least the amount that would have been due if the cancellation had been made on the date of rebooking. ( example: 14 days before the start of the original trip, the trip is rebooked to 1 year later. 6 months before the start of the rebooked trip, the traveler cancels because he no longer wishes to travel. The cancellation fee would be 20% of the trip price according to Article 9.2. The cancellation fee would be 75% of the travel sum if cancellation had been made on the date of rebooking. In this case, 75% of the travel sum would be the cancellation fee).

9.5 Travel credits issued out of courtesy
If a Trip is cancelled by the Traveler and a travel credit is issued out of courtesy, the following applies (unless other conditions are communicated by the Organizer):

the travel credit must be spent within one year of being granted.
the new trip must have commenced within two years of the granting of the travel credit.
travel credit is tied to the Traveler and not transferable.
travel credit can only be used for the same Trip at a later time.
if the trip is more expensive at a later time, the price difference will be charged to the Traveler.
If the Traveler cancels the Trip booked with a travel credit granted out of courtesy, the travel credit will expire.

Price Change

Article 10 – Price Change

10.1 Price Change
The Organiser may, up to 20 days before the commencement of the Trip, increase the travel price as a result of price changes in: – costs of fuel or other energy sources, or; – taxes or fees of third parties not directly involved in the implementation of the Trip. The Organizer may include in the Agreement that, up to 20 days before the commencement of the Trip, it may increase the travel price due to changes in exchange rates. The Agreement must include the method of price recalculation based on the exchange rate.

10.2 Termination by Traveler
If the price increase exceeds 8% of the travel price, the Traveler may terminate the Agreement and the Traveler will be refunded the travel price paid.

10.3 Price reduction
If the right to price increase has been agreed, the Traveler has a corresponding right to price reduction. From the amount to which the Traveler is entitled, 30 euros in administrative costs will be deducted.

Cancellation by the Organizer

Article 11 – Changes by the Organizer

11.1 Changes
The Organizer may unilaterally make minor changes to the Trip before the start of the Trip. The Traveler will be informed of this.

11.2 Substantial changes
If necessary, the Organizer may make substantial changes to the main features before the start of the Trip. This includes offering an alternative Trip. The Traveler may accept the change or terminate the Agreement without payment of cancellation fees. Upon termination, the travel price paid by the Traveler will be refunded. The Organizer may set the Traveler a reasonable period within which the Traveler must make his choice clear. If the Agreement is not terminated within the specified period, the change will be considered accepted and the right to termination will lapse.

Cancellation by the Organizer

Article 12 – Cancellation by the Organiser

12.1 Cancellation in connection with minimum numbers
The Organiser may cancel the Agreement before the start of the Trip if the number of registrations is less than the minimum number specified in the Agreement and the Traveller is informed, at the latest: 1. Cancellations within 1 day of the booking date where the arrival date is within 2 weeks of the time of booking: € 150.00 per booking as compensation for the booking, administration and shipping costs already incurred and costs of compiling the travel information folder. 2. Cancellation between 1 day after the booking date and 6 weeks before the arrival date confirmed by Friesland Holland Travel on the invoice: 15% of the booking amount. 3. Cancellation between 6 and 2 weeks before the arrival date confirmed by Friesland Holland Travel on the invoice: 50% of the booking amount. 4. Cancellation within 2 weeks before the arrival date confirmed by Friesland Holland Travel on the invoice: 75% of the booking amount. 5. Cancellation within 5 days before the arrival date confirmed by Friesland Holland Travel on the invoice: 100% of the booking amount. 6. Cancellation on and after the arrival date confirmed by Friesland Holland Travel on the invoice: the entire booking amount.

12.2 Cancellation due to force majeure The Organiser may cancel the Agreement prior to the commencement of the Trip if the Organiser is unable to execute the Agreement as a result of unavoidable and exceptional circumstances.

12.3 Refund of travel expenses paid – no compensation
In the above cases, the Organizer will refund any amounts already received within 14 days and no compensation will be payable. Not reimbursed are costs incurred by the Traveler for services not covered by the Agreement such as vaccinations, visas, purchase of equipment, insurance and if not included in the Trip, air travel, tickets, accommodation, etc.

12.4 Cancellation due to the actions of the Traveler
If the Traveler does not meet predetermined participation requirements or if incorrect or incomplete information about the Traveler has been provided, the Organizer may cancel the Agreement. The Traveller will then be liable for cancellation costs as stipulated in [artikel 9 lid 2] due.

Implementation of the trip

Article 13 – Responsibility & shortcomings

13.1 Proper execution of the Trip
The Organizer is responsible for the execution of the agreed Travel Services, regardless of whether they are carried out by the Organizer itself or by another Travel Service Provider. The Organizer must perform the Agreement in accordance with the expectations that the Traveler could reasonably have on the basis of the publications, the Agreement and the circumstances at the travel destinations.

13.2 Changes in travel schedule and travel times
The Organizer shall inform the Traveler of changes in the travel schedule. If the Organiser is not aware of the place of stay, the Traveller will only be informed at the e-mail address or cell phone number known to the Organiser.

13.3 Traveller’s obligation to complain
The Traveller shall immediately notify the Travel Service Provider and the Organizer in line with Article 17 [klachten] of defects or problems in the performance of the Travel Services.

13.4 Remedy by the Organizer
The Organizer shall ensure that shortcomings are remedied. A shortcoming need not be remedied if this is impossible or involves disproportionately high costs.

13.5 Compensation
If the shortcoming cannot be remedied, the Organizer (or Travel Service Provider) will consult with the Traveler and may arrange compensation or an alternative where appropriate. The Traveler is not entitled to compensation or alternative if the shortcoming is attributable to the Traveler.

Help and assistance

Article 14 – Help and assistance

14.1 Mandatory assistance
The Organizer shall provide the Traveler with help and assistance if the Traveler is in difficulty, in particular by providing proper information about medical services, local authorities and consular assistance and by helping the Traveler to use remote communications and to find alternative travel arrangements.

14.2 Costs
The Organizer shall charge a reasonable fee for the help and assistance if the difficulties were caused by intent or negligence of the Traveler.

Liability

Article 15 – Attribution, Force Majeure and Liability Exclusions

15.1 Attribution & Force Majeure
The Passenger shall not be entitled to compensation for damages incurred by the Passenger as a result of a shortcoming attributable to:

the Traveler;
third parties not directly involved in the performance of the Agreement and the failure could not be foreseen or prevented, or; c. unavoidable and extraordinary circumstances.

15.2 Liability exclusion
Any liability of the Organizer for damage is limited to three times the travel price, unless the damage follows from the death or personal injury of the Traveler or the damage was caused by intentional or negligent acts of the Organizer.

15.3 Exclusion of liability under treaty or EU regulation
If the Organizer is liable for any damage, including damage resulting from the death or personal injury of the Traveler, such liability will be limited or excluded to the limits permitted under the relevant international treaties and/or EU regulations applicable to the individual Travel Services.

15.4 Insured damages
The Organizer is not liable for damages covered by insurance policies, such as health, travel, event, or cancellation insurance policies.

15.5 Limitation period
Any claim by the Traveler for compensation for damages and other claims by the Traveler shall expire two years after the Trip took place. If the Trip did not take place, it lapses two years after the scheduled date of commencement.

15.6 Lapse of right
Without prejudice to the limitation period and the duty to complain in a timely manner, any claim of the Traveler for compensation for damages shall lapse three years after the commencement date of the Trip.

15.7 No double compensation
The Passenger shall not be entitled to double compensation. If the Passenger is entitled to compensation under international treaties or EU regulations, the Passenger will not also receive compensation under this Agreement.

Passenger Obligations

Article 16 – Obligations of the Traveler

16.1 Behavior and following instructions
The Traveler must behave as a reasonably acting Traveler and is obliged to follow all instructions of the Organizer and the Travel Service Provider.

16.2 Consequences of non-compliance – exclusion from participation
In the event of non-compliance with instructions or in the event that a Traveler causes a nuisance, the Organizer/Tourism Service Provider may deny the Traveler further participation in the Trip in part or in full. The Traveler will then not be entitled to a refund of monies. Further costs incurred as a result will be borne by the Traveler.

16.3 Warning
Before the Passenger is excluded from participation, the Passenger will first receive a verbal or written warning. A warning is not required if this is not appropriate given the circumstances.

16.4 Traveler’s liability and indemnification
The Traveler shall be liable for damage caused by his conduct, failure to comply with the obligations in this article or damage which is otherwise attributable to him. The Traveler indemnifies the Organizer against claims by Travel Service Providers involved in the Trip, other Travelers or third parties for damage caused by the Traveler or attributable to him.

16.5 Verifying time of return
The Traveler must verify the exact time of departure at least 24 hours before the scheduled start of the return trip.

16.6 Formal health requirements
The Traveler must meet all health requirements applicable at the destination (and transit countries). Governments may change these requirements unannounced. The consequences of these changes are within the Passenger’s sphere of risk.

16.7 Measures by Travel Service Providers
Travel Service Providers may take all reasonable measures and require the cooperation of Travelers, including to prevent and combat calamities, to limit health risks, to prevent damage or to comply with government regulations. If the measures or instructions are not complied with, the Traveler may be denied the Travel Service and access.

16.8 Use of materials
The Passenger must treat the materials provided properly. Upon receipt, the Traveler must check these items and report any defects immediately. The Traveler is liable for damage, loss or theft of the materials provided.

Other provisions

Article 17 – Complaints

17.1 Information
The Organizer shall provide emergency contact details prior to the commencement of the Trip.

17.2 Reporting on site
If the Traveler believes that the Trip is not carried out properly, he must immediately report the problem or defect to the Travel Service Provider concerned so that it can provide a solution. If tour management of the Organizer is on site, the complaint should also be reported to the tour management immediately. If no tour guide is on site, the complaint should also be reported to the Organizer. This reporting can be done by [Whatsapp, text message, telephone or on Working Days under Dutch office hours (9-17h) also by e-mail].

17.3 Communication costs
The Passenger must limit any communication costs, among other things, by using Internet calling, WhatsApp and e-mail.

17.4 Report unresolved complaint after return All complaints which the Traveler believes have not been fully resolved or compensated for during the Trip, must be submitted to the Organizer in Writing with reasons within two months after the Trip.

17.5 Consequences of not or not timely reporting the shortcoming or complaint Not or not timely complaining in accordance with the second paragraph [Melden ter plaatse] of this article may affect the amount of any compensation, unless the Organizer’s interests have not been harmed by the failure to complain in a timely manner. Complaints not timely received after return will not be considered unless it is not reasonable in the circumstances of the case.

Other provisions

Article 18 – Other provisions

18.1 Rights of third parties
Employees, auxiliary persons and other third parties involved in the execution of the Agreement may invoke the provisions of the Agreement and these Terms and Conditions (including the liability exclusions) towards the Passenger.

18.2 Replacement provisions
If mandatory law precludes the validity of a provision in these Terms and Conditions or if a provision is nullified, that provision will be deemed to have been converted into a valid provision which, in terms of content and purport, approaches the original intention as closely as possible.

18.3 Applicable law
Only Dutch law applies to the offer, the Agreement and the performance of the Agreement, unless this is contrary to mandatory law. If the consumer lives outside the Netherlands at the time of booking, the following applies: Notwithstanding the choice of law, the consumer is entitled to the protection afforded by the mandatory law of the country of his residence if (cumulatively):

the Organizer directed the commercial activities for the agreed Trip to the consumer’s country of residence, and;
part or all of the agreed travel services are performed in that country.

18.4 Competent court
The court within whose jurisdiction the place of business of the Organizer is located shall have exclusive jurisdiction to take cognizance of disputes concerning the Agreement and related matters, unless this is contrary to mandatory law. The Organizer is also permitted to sue the Traveler in its place of residence.