TERMS AND CONDITIONS
Terms and conditions
General travel conditions Uyuni Travels
UYUNI Travels is affiliated with the VvKR (association for small-scale travel organizations). The travel specialists affiliated with this association are distinguished by their involvement and expertise. All travel organizations affiliated with the VvKR offer a form of travel guarantee on their package holidays. That way you know that you can book a trip with one of the affiliated members with confidence!
We are affiliated with the GGTO guarantee fund. GGTO offers travelers the guarantee that they will receive their paid travel expenses back, and possibly get their return trip reimbursed, if the tour operator involved is affiliated with them and would become financially incapable. A mandatory surcharge of € 15 per € 10,000 is charged per booking.
UYUNI Travels is also a member of the Calamity Fund. Within the limits of the Calamity Fund guarantee scheme, the journeys published in the travel offer fall under the Calamity Fund guarantee scheme. This guarantee means that if you as a consumer participate in a trip organized by us and you are already at the destination, you
• (part of) your travel sum will be refunded if we are unable to or not fully carry out the trip due to an emergency;
• the necessary additional costs will be reimbursed if we have to adjust the trip as a result of an emergency or if we have to repatriate you early.
A calamity is understood to mean an abnormal event caused by war or natural disaster. A compulsory surcharge of € 2.50 is charged per booking (up to a maximum of 9 people).
Gravity of the trip
Our journeys have different levels of gravity. A number of factors play a role in this: the day distances of the walking trip, the height at which you stay, the structure of the trip and the accessibility of the site. In the case of medical complaints, we recommend that you contact us so that we can look into the options for you together.
Article 1 – Definitions
Organizer: The trader who compiles the Journey and offers it – whether or not through a retailer.
Traveler: any (legal) person who enters into or wishes to enter into an agreement with the Organizer and a person who is entitled to travel under the Agreement;
Travel service: passenger transport, rental of a motor vehicle or motorcycle, accommodation or another tourist service within the meaning of article 7: 500 sub a BW.
Travel Service Provider: the service provider who performs a part of the Travel, such as assistants / accommodation providers / carriers / external guides / etc.) Of the Organizer.
Agreement: the agreement including these Terms and Conditions whereby the Organizer undertakes towards the Traveler to provide the Trip.
Written: in writing or electronically including by e-mail.
Conditions: these general conditions.
Package tour: a package tour within the meaning of the law.
Travel: a Package Travel or, if the Conditions have been declared applicable to this, a single Travel Service.
Article 2 – Applicability of conditions
2.1 Package Travel
These Conditions apply to all Package Travel offers offered by the Organizer or agreed with the Organizer and form an inseparable part thereof.
2.2 Deviating and additional conditions
Different and additional conditions must be agreed in writing. Deviating provisions in the individual agreement take precedence over these Terms and Conditions.
Article 3 – Conclusion of the Agreement
3.1 Content offer
The Journey offered includes the services and facilities that are explicitly described in the offers and publications of the Organizer. The content of the offer is determined solely on the basis of the information provided by or on behalf of the Organizer. Information in publications from Travel Service Providers are not part of the offer, regardless of whether a link to it is included in the Organizer’s offer. The stated travel time is indicated in whole days, the day of departure and arrival being counted as whole days.
3.2 Non-binding offer
All quotations and offers by the Organizer are without obligation and can, after acceptance, in all cases be withdrawn by the Organizer without giving any reason until 5 p.m. of the next working day (Mo-Fr). This also applies if the Traveler has received an automatic confirmation of receipt of the booking.
3.3 Realization agreement
The Agreement is established through the acceptance by the Traveler of the Organizer’s offer.
3.4 Obvious errors
Obvious errors in the offer do not bind the Organizer. This concerns the offer of a price, the content of the service offered or other information which the Traveler, in view of all circumstances, could not reasonably assume that the Organizer intended to explain this. If there is reason to doubt the accuracy of the price or information, the Traveler must inquire.
3.5 Special wishes
If the Traveler makes certain preferences known before or at the conclusion of the Agreement, rights can only be derived to the extent that these preferences have been accepted as a special wish through a written commitment from the Organizer to the Traveler that the preference will be granted. The single mention as preference on travel documents and the booking confirmation is insufficient for this.
3.6 Revocation by traveler
A booking of the Journey is final. The Traveler has no right to revoke the Agreement.
3.7 Books for other Travelers & communication
The Traveler who enters into an Agreement on behalf of or for the benefit of one or more other Travelers is jointly and severally liable for all obligations arising therefrom. The other Travelers are each liable for their own part. The confirmation, the invoice, the travel documents and all other communication are only sent to the Traveler who makes the booking. The Traveler who books the Trip on behalf of or for the benefit of others, is obliged – with the consent of that person – to disclose relevant personal circumstances of those other Travelers who may influence the performance of the Agreement when registering. The Traveler who books the Trip on behalf of or for the benefit of others is obliged to provide these other Travelers with these Conditions and other relevant communication.
Article 4 – Information by the Organizer
4.1 Travel sum
The prices quoted are per person, unless explicitly stated otherwise. The offered travel sum includes all known unavoidable additional costs, unless the costs cannot be included in the travel sum or are not yet known. In that case, these costs or the nature of the costs are clearly stated near the travel sum. If the travel sum is age dependent, the age on the first day of the Journey is decisive.
4.2 Information by the Organizer after booking
At the conclusion of the Agreement or immediately thereafter, the Organizer will provide the Traveler with the Agreement including the accepted special wishes of the Traveler and information tailored to Dutch nationality about the required travel documents (passports, visas, etc.) and any formalities on health area and other legally required information.
4.3 Information by the Travel Organizer
In good time before the start of the Journey and at the latest when providing the travel documents, the Traveler will receive extensive information about the booked Journey, including information about the planned departure times, the time to check in, the planned stops and arrival and, if appropriate, the name of the airline that performs the air transport.
4.4 Travel documents
During the entire Journey, the Traveler must have the travel documents required for the Journey, such as a passport, visas, vaccination certificates, etc. In view of the great importance of this, the Traveler must submit the general information provided by the Organizer to the relevant person. authorities and institutions for applicability, completeness and topicality. Before booking the trip, the Traveler must verify whether there is sufficient time to obtain the necessary travel documents in connection with the possible long processing time of a request for travel documents and in particular any visa required. If the Traveler cannot make the Journey or does not make it in full due to the absence of valid, complete and correct travel documents, the resulting costs will be entirely for the account of the Traveler.
4.5 Travel documents
The travel documents (transport tickets, vouchers, etc.) are sent to the Traveler on time and at the latest 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, he must immediately inform the Organizer. Final departure times and arrival times are stated in the travel documents.
4.6 Information about insurance
The Organizer provides the Traveler with information about the possibility of taking out event insurance, cancellation insurance and travel insurance before concluding the Agreement. The Organizer may require such insurance, provided that the Traveler has been notified of this in Writing prior to the conclusion of the Agreement.
Article 5 – Information by the Traveler
5.1 Relevant information from the Traveler (s)
Before or at the conclusion of the Agreement, the Traveler who makes the booking provides all information relevant to the Trip of himself and the other Travelers notified by him or her. In particular, this concerns information about the Travelers or the composition of the group if this possibly influences the health or safety of the Traveler or others during the Trip. If the information provided is incorrect or incomplete, this may result in the Traveler being excluded from participation by the Organizer or the Travel Service Providers. In that case, the Traveler owes the cancellation costs in accordance with Article 9, paragraph 2. Other costs arising from this are also for the account of the Traveler.
5.2 Reduced mobility, pregnant women, unaccompanied minors and illness
Passengers with reduced mobility and their companions, pregnant women, unaccompanied minors and Passengers with a disease that may have an effect on the Journey must report this at the conclusion of the Agreement or at least as soon as possible after the Traveler is aware of this. Organizer in connection with possible consequences for the Journey and in particular air transport. These Travelers must themselves verify with the carrier whether a medical certificate is required to be allowed to travel.
FOR THE TRIP
Article 6 – Lack of payment
6.1 Absence and interest
If the Traveler does not pay within the period stated in the agreement or stated on the invoice, the Traveler will be in default without any further notice of default being required and the statutory interest will be owed on the outstanding amount from then on.
6.2 Collection costs
The Traveler is obliged to pay the extrajudicial collection costs if the Traveler has been fruitlessly reminded to pay within a period of fourteen days, starting the day after the reminder has been received stating the consequences of the failure to pay, including the exact collection costs that will be charged advanced. The extrajudicial collection costs amount to 15% of the amount claimed up to € 2500, 10% over the subsequent € 2500, 5% over the subsequent € 5000 and 1% over the excess, with a minimum of € 40.
6.3 Further consequences of non-payment
If the Traveler is in default, the Organizer can suspend the sending of the travel documents without further notice until full payment has been received. If payment is not received even after a reminder or if payment has not been made before the start of the trip, the Organizer has the right to exclude the Traveler from participating. The obligation to pay remains. Instead of excluding the Traveler from participation, the Organizer can cancel the Agreement and charge the cancellation costs to the Traveler. The provisions of this paragraph are without prejudice to other rights of the Organizer.
6.4 Financial inability of the Traveler
In the event of liquidation, bankruptcy or suspension of payment of the Traveler, the obligations of the client will be immediately due and payable.
Article 7 – Substitution
7.1 Conditions and notification
A Traveler can transfer the Trip to another person who meets all the conditions attached to the Trip. The Traveler requests the Organizer no later than 14 days before the start of the Journey, at least with due observance of a reasonable period within which the necessary actions can be carried out, in order to replace the person. Transfer is only possible insofar as the conditions of the relevant Travel Service Provider allow. If airline tickets are part of the Journey, transfer of airline tickets is generally not possible. Transfer of the entire journey is then generally only possible if – at the expense of the Traveler – a new airline ticket is booked.
7.2 Joint and several liability and extra costs
The Traveler and the person taking over the Journey are jointly and severally liable for the payment of the amount still due and for any additional fees, surcharges and other costs arising from the substitution, including modification costs.
Article 8 – Change by the Traveler
The Traveler who has booked the Trip may request the Organizer to amend the Agreement in Writing. The Organizer is not obliged to do this. The Organizer informs the Traveler of the new travel sum. If the Traveler agrees with the costs of the change, the new travel sum and change costs are due. If the new travel sum is lower than the original travel sum, the difference will be settled with the change costs due.
8.2 Adjustment of departure date or number of travelers
A request to change the departure date is not a change, but a cancellation. Reducing the number of paying passengers is not a change, but
Article 9 – Cancellation by the Traveler
The Traveler can cancel the Agreement at any time before the start of the Trip. Cancellation must be in Writing. The date on which the Written cancellation is received by the Organizer counts as the moment of cancellation. If received after 5 p.m. or during the weekend, the next working day (Mo-Fr) is considered the date of receipt.
Article 10 – Price change
10.1 Price change
The Organizer reserves the right to increase or change the travel sum up to 8% in respect of Agreements already entered into up to 5 days before the day of departure as a result of price changes in costs of fuel or other energy sources, taxes or fees not directly with the third parties involved in the implementation of the Journey and / or exchange rates.
10.2 Price reduction
If the right to a price increase or price change has been stipulated, the Traveler has the right to request a price reduction in accordance with the price revision method. An amount of 30 euros in administration costs will be deducted from the amount that the Traveler receives on the basis of the possible price reduction.
Article 11 – Change by Organizer
The Organizer has the right to unilaterally change the Agreement before the start of the Trip insofar as it concerns non-radical changes. The Traveler is informed of this in Writing and in a clear manner.
11.2 Major changes
If necessary, the Organizer can radically change the main characteristics of the Agreement before the start of the Trip. This also includes offering an alternative Journey that is of at least the same quality if reasonably possible. In that case, the Traveler can accept the change or terminate the Agreement without payment of cancellation costs.
11.3 Change to an agreed special wish
If the Organizer is unable to meet an agreed special requirement of the Traveler or cannot do so with a reasonable effort, the Organizer may change the Journey on this part. In that case, the Traveler can accept the change or terminate the Agreement without payment of cancellation costs
In the event of major changes, the Organizer will set a reasonable period for the Traveler within which the Traveler must have notified the Organizer in Writing or terminates the Agreement. If the Agreement is not terminated within the specified period, the change will be deemed accepted and the right to termination will lapse.
In the event of major changes, the Organizer will immediately inform the Traveler of:
– the changes,
– the reasonable period within which the Traveler must notify the Organizer In Writing of his decision whether the Traveler terminates the Agreement,
– the consequence that if the Traveler does not respond in time, the change will be deemed accepted and the right to termination will lapse.
– if offered, the content of a replacement Journey.
Article 12 – Cancellation by the Organizer
The Organizer may cancel the Agreement prior to commencement of the trip and reimburse the Traveler for all amounts paid for the Trip without being liable to pay compensation in the event of force majeure, including unavoidable and extraordinary circumstances.
12.2 Reimbursement paid travel sum
In the above cases, the Organizer will refund amounts already received immediately and at the latest within 14 days. Not reimbursed are costs incurred by the Traveler for services that fall outside the Agreement such as vaccinations, visas, purchasing materials, insurance and, if not included in the Travel, the flight, tickets, accommodation, etc.
12.3 Termination due to the Passenger
In the event that the Traveler does not meet pre-set participation requirements or if incorrect or incomplete information about experience, skills, physical or mental condition or other relevant topics is provided by or on behalf of the Traveler, the Organizer has the right to terminate the Agreement. This is without prejudice to other rights of the Organizer.
IMPLEMENTATION OF THE TRIP
Article 13 – Responsibility
13.1 Proper execution of the Journey
The Organizer is responsible for the performance of the Travel Services to which the Agreement relates, regardless of whether these Travel Services are performed by the Organizer himself or by another Travel Service Provider.
13.2 Changes in travel schedule and travel times
The Organizer will inform the Traveler about changes to the itinerary or travel times.
Article 14 – Conformity & non-conformity
The Organizer must implement the Agreement in accordance with the expectations that the Traveler may reasonably have based on the publications, the Agreement and the circumstances at the travel destinations.
14.2 Traveler’s duty to complain
In accordance with Article 18, the Traveler shall immediately inform the Travel Service Provider and the Organizer of any non-conformity found by the Traveler during the performance of a Travel Service included in the Agreement.
Article 15 – Help and assistance
15.1 Compulsory assistance
The Organizer shall provide assistance and assistance to the Traveler without delay if the Traveler is in difficulty, in particular by providing good information on medical services, local authorities and consular assistance and assisting the Traveler in the use of remote communication and in finding alternative travel arrangements.
The Organizer will charge a reasonable fee for the help and assistance if the difficulties have arisen due to intent or negligence of the Traveler.
Article 16 – Liability, compensation & exoneration
16.1 Attribution & force majeure
The Traveler is in no case entitled to compensation for damage incurred by the Traveler as a result of non-conformity, insofar as the non-conformity is due to:
b. third parties who are not directly involved in the implementation of the Agreement and the non-conformity could not have been foreseen or prevented;
c. unavoidable and extraordinary circumstances.
16.2 Liability Exclusion
Any liability of the Organizer for damage is limited to three times the travel sum, unless the damage results from the death or personal injury of the Traveler or the damage was caused by the Organizer’s willful or negligent actions.
16.3 Liability exclusion under treaty or EU regulation
If the Organizer can be held liable for any damage, including damage resulting from the death or personal injury of the Traveler, this liability will in any case be limited or excluded to the limits permitted under the relevant international conventions and / or EU regulations that relate to individual travel services.
16.4 Insured damage
The Organizer is not liable for damage to the Traveler that is covered by insurance, such as health insurance, travel or cancellation insurance.
16.5 Limitation period
Any claim by the Traveler to compensation for damage is barred two years after the Trip has taken place or if the trip was canceled two years after the planned
Article 17 – Obligations Traveler
17.1 Behavior and follow-up of instructions
The Traveler must behave as a reasonably acting Traveler and is obliged to follow all instructions to promote the proper execution of the Journey of the Organizer and the Travel Service Providers.
17.2 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 or the Travel Service Provider has the right to deny the Traveler any further or partial participation in the Travel or Travel Service. In such a case, the Traveler is not entitled to a refund of funds. Further costs arising from this are for the account and risk of the Traveler.
Before proceeding to exclude participation, the Traveler is first given an oral or written warning. A warning is not required if this cannot be required of the Organizer or Travel Service Provider given the circumstances of the case, taking into account the behavior of the Traveler, the expected chance of improvement of the behavior, the effect on the Trip and other Travelers, the risk of damage and the safety of the Travelers and others.
17.4 Traveler liability
The Traveler is liable for damage caused by his behavior, non-compliance with the obligations in this article or damage that must otherwise be attributed to him. The Traveler indemnifies the Organizer against claims from Travel Service Providers or third parties involved in the Trip for damage caused by the Traveler or to be attributed to him.
17.5 Checking the time of the return trip
The Traveler must verify the exact time of departure no later than 24 hours before the planned start of the return journey.
Article 18 – Complaints
The Organizer will provide the contact details of the Organizer and, if appropriate, his local representative in advance of the Trip.
18.2 Report on the spot
If the Traveler believes that the Journey is being carried out non-conforming, he must report this non-conformity without delay, but in any case during the Trip, to the relevant Travel Service Provider so that he can find a solution. If the tour guide of the Organizer is on site, the complaint must also be reported to the tour guide immediately. If there is no tour guide on site, the complaint must also be clearly reported to the Organizer. This notification can be made by whatsapp, text message or telephone by e-mail. The Organizer sends the Traveler confirmation of the report via the same medium and by e-mail.
18.3 Communication costs
The costs of the necessary communication with the Organizer will be borne by the Organizer. The Passenger should, as far as possible, limit costs by making use of internet calling, WhatsApp and e-mail.
18.4 Report unresolved complaint after return
All complaints that, according to the Traveler, have not been or have not been fully remedied or compensated during the Trip, must be submitted to the Organizer in Writing and with reasons, at the latest within two months after returning. The Organizer is required to respond with motivation within one month of receiving the complaint.
18.5 Consequences of not reporting or not timely reporting the non-conformity or complaint
Not complaining or not complaining in time in accordance with the second paragraph [Report on the spot] of this article can influence the amount of any price reduction or compensation, unless the interests of the Organizer have not been harmed by not complaining in time. Complaints that have not been received in time after their return will not be processed unless this is not reasonable in the circumstances of the case.
Article 19 – Other provisions
19.1 Rights of third parties
Subordinates, assistants and other third parties involved in the implementation of the Agreement may invoke vis-à-vis the Traveler the provisions of the Agreement and these Terms and Conditions (including the exclusions of liability).
19.2 Replacement provisions
If mandatory law precludes the validity of a provision in these Conditions or if a provision is annulled, that provision will be deemed to have been converted into a valid provision that is as close as possible to the original intention in content and scope.
19.3 Applicable law
Only Dutch law applies to the offer, the Agreement and the implementation of the Agreement. Without prejudice to this choice of law, a consumer is entitled to the protection afforded by the mandatory law of the country of his residence if the Organizer directs the commercial activities (including advertising) concerning the agreed Journey to the country where the consumer is domiciled, unless the services are not entirely carried out in part or in part in that country.
19.4 Competent court
The Dutch court has exclusive jurisdiction, unless this is contrary to mandatory law.