These terms and conditions are applicable to all services and contracts of Wens Business Events b.v., hereinafter called “the travel organiser”. The terms and conditions apply insofar as consistent with mandatory law. The invalidity of one or more provisions does not impair the validity and application of the other provisions.
ARTICLE 1 – CONCLUSION OF TRAVEL CONTRACT
The travel contract is concluded upon the traveller’s acceptance of the offer. Acceptance takes place by email.
If the booking is made by telephone, the contract is concluded on the day on which the personal details are communicated. The travel organiser makes the offer without obligation. The offer can be revoked as and when appropriate upon acceptance or immediately thereafter.
The content of the offer is determined by the information as published on the internet or in other promotional publications of the travel organiser. Evident errors or mistakes in a publication are not binding upon the travel organiser. The travel organiser cannot be held to the content of information material published under the responsibility of third parties.
Changes to the published offers are only possible in exceptional cases. In this case the extra communication costs and additional booking fees will be charged. Such changes only form part of the travel contract after being confirmed in writing by the travel organiser.
A traveller who enters into a travel contract or group travel contract in the name of a company on behalf of or for another traveller or other travellers is severally liable for all resulting obligations including, but not limited to, the financial obligations. The other travellers are each liable for their individual share of the contract. The traveller making the booking is furthermore obliged to communicate and provide at time of booking all relevant personal circumstances of the other travellers that may influence the performance of the travel contract (e.g. age, disability).
Any preferences concerning the services to be provided by the travel organiser, such as a certain seat in an aircraft or location of hotel room, that are specified upon the conclusion of the travel contract will be taken into account where possible. However no rights can be invoked in respect of such preferences, even if stated on travel documents and booking forms.
ARTICLE 2 - PAYMENT
After the conclusion of the travel contract, an initial payment of 25% of the travel price (with a minimum of € 150 per traveller) must be made within 14 days. Excepted are the costs of booked transport and payable premiums for travel cancellation insurance, which must be paid in full (being 100%) upon making the initial payment. In addition, a one-off € 30 administration fee per group booking is charged as well as a contribution of € 2.25 per traveller for participation in the VZR-garant guarantee fund.
In the case of a catered-chalet product, a second instalment in settlement of the full travel price must be paid 16 weeks before departure. For all other types of accommodation, a second instalment equal to 100% of the travel price must be made 12 weeks before departure.
The third instalment in settlement of the full travel price including any booked extra services must be paid no more than 31 days before departure. All costs must at all times be settled before the start of the trip.
Any extra services booked last minute must be paid at all times before the start of the trip. In the case of a travel contract concluded within 12 weeks before the start date of the trip, the full travel price must be paid in conformity with the above-mentioned instalments.
Alternative payment conditions are only applicable if explicitly set out in the travel contract.
Failure to make timely payment may lead to immediate termination of the travel contract, in which case the trip will be treated as cancelled by the traveller. In this case the cancellation conditions are applicable.
A traveller who fails to meet his financial obligations in time is liable to pay statutory interest on the principal sum. In addition, he is liable to pay collection fees equal to 15% of the claimed amount, with a minimum of € 45.
Alternative payment conditions may apply to travellers redeeming vouchers. The provisions governing vouchers are set out in Article 14.
ARTICLE 3 – TRAVEL PRICE
The published travel prices apply per traveller, unless stated otherwise, and only comprise the services and amenities as described in the publications of the travel organiser.
The amount of the published travel prices is based on prices, exchange rates, fuel prices, levies and taxes as known to the travel organiser at the time of submitting the publication for printing. The travel organiser reserves the right, including in relation to travel contracts already concluded, to raise the travel price up to six weeks before the day of departure in response to increases in the aforementioned prices. In the case of an increase in fuel costs, the travel organiser may, by way of exception to the foregoing sentence, raise the travel price up to 20 days before the day of departure. The travel organiser will always indicate how such an increase in the travel price was calculated.
If the travel price is not paid in full on time and the traveller or his representative has explicitly indicated the wish to continue the booking, the travel organiser has the right, up to 20 days before the start of the trip, to raise the travel price in response to any changes in the transport costs (including fuel costs), payable levies and applicable exchange rates. The travel organiser will indicate how such an increase was calculated. Such changes may also lead to a reduction of the travel price unless this cannot be reasonably expected from the travel organiser in view of the costs attached.
The traveller may reject the increase mentioned in the foregoing paragraph. He must, under penalty of forfeiture, exercise this right within 3 business days of receiving notification of the increase.
If the traveller rejects the increase in the travel price, the contract ends as mentioned in Article 2 above.
The traveller must – under penalty of forfeiture – exercise this right within 7 business days of receiving notification of the increase. In this case the traveller is entitled to a waiver of outstanding amounts or a refund of monies already paid.
ARTICLE 4 – TRIP DURATION AND PROGRAMME
The trip duration advertised in the travel organiser’s publication is indicated in full days, where the days of departure and arrival, irrespective of the time, count as full days. The time of departure and arrival is determined on the basis of what is stated in this regard in the travel documents. The latter also applies if the actual departure or arrival times are different due to incidental or structural changes in the timetables or flight schedules.
The travel organiser is never liable for any delays that occur during the performance of the travel contract. Save for claims based on travel and/or cancellation insurance taken out by the traveller, the traveller has no right to a refund of any part of the travel price if the time of departure does not deviate more than 36 hours from the original time due to the aforementioned changes. If it becomes clear during the trip that such changes will lengthen the duration of the trip, the costs for extra accommodation will be borne by the travel organiser.
The travel organiser is not liable for any damage or loss resulting from its own actions or omissions unless this is due to its own gross negligence or wilful intent.
ARTICLE 5 – BAGGAGE AND TRAVEL DOCUMENTS
The traveller must be in possession of all required valid travel documents at the time of departure.
The travel organiser is not liable if the traveller is unable to participate in the trip or portions thereof due to flaws or errors in his travel documents.
Unless otherwise agreed, the travel documents (tickets, vouchers etc.) are sent digitally to the traveller seven days before departure. The traveller who has not received the necessary travel documents in time is obliged to notify the travel organiser of this no more than five days before departure. The travel organiser is not liable for the loss of or damage to baggage or travel documents.
ARTICLE 6 – CHANGES BY THE TRAVELLER
The traveller can request to change the travel contract. If such a request does not concern a cancellation and the providers of the travel service grant the request, the change can be made up to 28 days before departure.
A fee of € 25 will be charged for each change plus any extra communication costs. No administration or reservation fees are charged for additional bookings.
ARTICLE 7 – CANCELLATION BY THE TRAVELLER
The traveller can request to cancel the travel contract by telephone or email. The cancellation is finalised after confirmation by email from the travel organiser.
In addition to the usual costs for booked transport plus insurance cover, cancellations by the traveller will be charged as follows:
In the case of a catered-chalet package, the cancellation costs will, in addition to the usual costs for booked transport plus insurance cover, be charged as follows:
If the terms and conditions of the trip being booked deviate from the above, we will inform the traveller in good time, stating the divergent terms and conditions with the booking confirmation.
Rules on vouchers are set out in Article 14.
The risk of cancellation charges can be covered by taking out (all risk) cancellation insurance. The above costs exclude the costs for any cancellation insurance taken out.
The airline’s conditions applicable to the flight tickets that the traveller has booked can be provided by the touroperator on request. The date, traveller or destination of the tickets can be altered for a charge.
A traveller who is unable to take part in a trip and whose cancellation costs are not covered by an insurance policy can have himself replaced by another suitable traveller with due regard to the following conditions:
The traveller and the replacement traveller are severally liable towards the travel organiser for payment of the invoice still outstanding in the traveller’s name at the time of the replacement and any extra costs arising from the replacement.
ARTICLE 8 – CHANGES BY THE TRAVEL ORGANISER
The local conditions in the special destinations and the adventurous nature of the trips offered by the travel organiser may necessitate changes to the travel programme before or during the trip. Changes in travel schedules due to persistent bad weather conditions also fall within the scope of this Article. The changes may make it necessary to use (within reasonable limits) a different departure airport, means of transport (of the same type insofar as possible) or transport company etc. The travel organiser undertakes to limit any disadvantageous consequences for the traveller insofar as possible. Due to said changes in the travel programme, the routes, excursions, accommodation and local transport may, in exceptional cases, differ from those indicated in the publication. In this case, the travel organiser is obliged to offer the traveller alternatives that keep the character of the trip intact where possible. In such conditions, the travel organiser and the traveller may make new arrangements concerning the affected portion of the travel contract. Such new arrangements will be treated as part of the original travel contract.
The changes mentioned in Article 8 will be treated as changes within the meaning of Article 508 of the Dutch Civil Code (Book 7). The traveller can only reject the change if there is no reasonable alternative and if the change puts him at a more than minor disadvantage. The aforementioned changes will have no consequences for the travel price, unless otherwise agreed, nor do these give the traveller grounds to claim damages from the travel organiser.
The travel organiser has the right to change an essential part of the travel contract provided there are weighty reasons to do so. In this case the traveller is entitled to an alternative trip of an equal level or a refund of the portion of the travel price already paid. If the traveller wants to make use of this option, he must notify the travel organiser accordingly within 48 hours of receiving notification of the change. All changes in the travel contract mentioned in Article 8 and the circumstances causing such changes are communicated to the traveller without delay.
If the changes mentioned in Article 8 occur after the traveller’s departure, the travel organiser will take suitable alternative measures with a view to enabling the continuation of the trip. If it is impossible for the travel organiser to make an alternative arrangement or if the traveller refuses the alternative arrangement on reasonable grounds, the travel organiser will ensure that the traveller returns to the place of departure or other agreed place of return.
ARTICLE 9 – CANCELLATION BY THE TRAVEL ORGANISER
The travel organiser can only cancel the travel contract on weighty grounds that are communicated to the traveller without delay and are of such a nature that the travel organiser cannot be reasonably held to perform the travel contract. In this case the traveller is entitled to an alternative trip of an equal level or a refund of the portion of the travel price already paid or a proportionate part thereof if part of the trip has already been completed.
The travel organiser has the right to cancel the travel contract without liability for any damage or loss in the event of circumstances that can be construed as force majeure. Force majeure includes circumstances such as political unrest, war, natural disasters, scarcity, general strikes, etc. The occurrence of force majeure will be established, taking account of the local circumstances in the special travel destinations to which the travel contract relates.
ARTICLE 10 – LIABILITY OF THE TRAVEL ORGANISER
With due regard to the provisions elsewhere in this Article, the travel organiser is liable for deficiencies in the performance of the contractual arrangements pursuant to the travel contract. Said contractual arrangements pursuant to the travel contract include the expectations that the traveller can reasonably have on the grounds of the travel organiser’s publications, taking account of generally known facts regarding the destinations.
Any liability of the travel organiser is limited as follows:
Unless otherwise provided for in these terms and conditions, the travel organiser accepts no liability for any damage or loss typically covered by travel and/or cancellation insurance unless caused by wilful intent or gross negligence on the part of the travel organiser. The tour operator is not liable for any costs arising due to travel or entry restrictions that the traveller could have know before his / her departure.
The travel organiser’s liability is in all cases limited or excluded in accordance with relevant applicable international treaties and, save in the event of death or injury of the traveller, is at all times limited to three times the travel price.
The exclusions and/or limitations of the travel organiser’s liability stated in this Article also apply to employees of the travel organiser, the booking office and service providers involved as well as their employees unless excluded by treaty or law.
ARTICLE 11 – FORCE MAJEURE
In these terms and conditions, force majeure includes, in addition to all events identified as such in the law and jurisprudence, all foreseen and unforeseen external causes that are beyond the travel organiser’s control and prevent the travel organiser from meeting its obligations.
Force majeure comprises in all events: every external disaster including but not limited to an epidemic/pandemic and all resulting consequences; strike action affecting the business operations of persons enlisted by the travel organiser, unforeseen (travel) delays, fire, all possible government measures, including but not limited to all sorts of emergency measures to prevent crises in the broadest sense of the word, computer/business interruptions at the travel organiser and/or third parties enlisted by the travel organiser as well as the improper or late performance of services by said third parties, as a result of which the travel organiser is unable to properly perform the contract.
ARTICLE 12 – OBLIGATIONS OF THE TRAVELLER
The traveller is obliged to adhere to all instructions received from the travel organiser or tour guide to promote the correct performance of the trip. The traveller is liable for any damage or loss caused by failure to meet this obligation.
A traveller who causes so much difficulty or annoyance that the performance of a trip is significantly obstructed can be excluded from further participation in the trip by the travel organiser or tour guide. All costs attributable to the consequences of such difficulty or annoyance will be charged to the traveller.
The traveller must verify the exact time of departure no more than 24 hours before the indicated time of departure of the return journey. The travel organiser’s ability to meet the obligation to provide aid and assistance to a traveller in difficulty is severely impeded if there is no recourse to an SOS service included with the travel and baggage insurance. The traveller is therefore obliged to take out comprehensive insurance for risks that are covered by customary travel, accident and baggage insurance policies.
The traveller must indemnify the travel organiser against the consequences and any damage or loss resulting from the traveller’s failure to take out adequate travel, accident and baggage insurance.
ARTICLE 13- DEPOSIT
The traveller must pay a deposit as charged on the final invoice before departure. The deposit amount is stated on the booking confirmation and, unless otherwise agreed, amounts to € 50 per traveller with a maximum of € 2,500 per group trip.
This deposit is refunded upon return less any additional costs and/or extras still to be settled.
ARTICLE 14 – VOUCHERS
Contrary to the provisions in Articles 2 and 7, bookings “paid” in whole or in part with vouchers are subject to the following conditions.
The initial payment in the case of voucher payments is 50% of the travel price, which can be partly settled with the voucher. Excepted are the costs of booked transport and payable cancellation insurance premiums, which must be paid in full (being 100%) with the initial payment. In addition a one-off € 30 administration fee per group booking is charged as well as a contribution of € 2.25 per traveller for participation in the VZR-garant guarantee fund.
The remaining 50% of the travel price must be paid no more than 16 weeks before departure.
Any changes made within 16 weeks before departure that increase the travel price must be paid no more than 31 days before departure.
In addition to the usual costs for booked transport plus any insurance taken out, cancellations by the traveller after redeeming a voucher will be charged as follows:
Any credit due to the traveller upon cancellation will be offered in the form of a voucher with a maximum validity of 1 year from the time of cancellation.
ARTICLE 15 – TRAVEL INSURANCE
If you take out travel and/or cancellation insurance via the travel organiser with de Europeesche, the insurance agreement is governed by the general terms and conditions of de Europeesche (a.s.r. Nederland). In this case the travel organiser only acts as an agent between the traveller and insurer and is not a party to the insurance agreement.
ARTICLE 16 - PRIVACY
ARTICLE 17 - COMPLAINTS
Any complaints that exceed the level of a comment or remark must be submitted in writing as promptly as possible at the place of destination and/or place where the complaint arose to the travel organiser’s local representative and, insofar as possible, service provider involved. If the matter cannot be satisfactorily resolved on the spot, the traveller can submit the complaint, stating reasons, to the travel organiser within no more than two weeks after returning to the Netherlands. If the trip has not taken place, the two-week period starts as soon as the facts relating to the complaint are known, and no later than the day of the original departure date.
If a complaint is not resolved to the traveller’s satisfaction within a period of three months, the traveller can turn to the competent court in the location where the travel organiser is based.
Any evident errors, mistakes, and indicative prices on the website, price list or other notifications are not binding upon the travel organiser.