General travel conditions Casita Travel BV
By making an (online) reservation you agree to these General Travel Conditions of Casita Travel BV and you declare that you have also taken note of the description of the reserved holiday home on the website of www.casitatravel.nl.
ARTICLE 1 INTRODUCTORY PROVISION.
Article 1 (1)
In these Conditions the following terms have the following meanings:
a. Travel organizer: Casita Travel BV as a mother-organization
b. Travel agreement; the agreement by which the travel organizer undertakes towards his counterparty to provide (a) pre-organized trip (s) offered by him that includes an overnight stay or a period of more than 24 hours.
c. Client: the other party of the travel organizer (client, applicant)
d. Traveler; the person on whose behalf the trip has been stipulated and who has accepted that stipulation; or the person to whom the legal relationship with the travel organizer has been transferred in accordance with Article 8 of these conditions.
e. Business days; Monday to Friday, excluding recognized holidays.
f. Office hours; Monday to Saturday from 9 am to 5.30 pm, excluding public holidays. Reachable by phone: Monday to Friday from 9 am to 1 pm.
g. Offer; the written offer made by the travel organizer to provide (a) pre-organized travel (s) offered by him
Article 1 (2)
1.These Conditions apply to all obligations, whether by contract or by law, between Casita Travel in Apeldoorn, hereinafter referred to as the travel organizer on the one hand and the traveler and / or third parties on the other.
2. These Conditions are also for the benefit of employees of the travel organizer.
3. The applicability of the general terms and conditions used by the client is expressly excluded.
4. Different provisions may apply to specific travel products, the applicability of which in the relevant offer will be stipulated.
5. Agreements with the service providers involved in the performance of the travel agreement are subject to the general terms and conditions used by them. The travel organizer will make these available free of charge at the first request of the client or the traveler.
ARTICLE 2 FORMATION AND CONTENT OF THE AGREEMENT.
Article 2 (1)
The agreement is concluded by acceptance by the client of the offer of the tour operator. Acceptance must be made in writing by an authorized officer of the client.
Article 2 (2)
The offer of the tour operator is without obligation and can be revoked if necessary. Revocation must be made as soon as possible.
Article 2 (3)
The scope and nature of the services to be provided by the travel organizer are exclusively determined by the offer made in writing or electronically by the travel organizer and accepted by the client. Any changes require the express written permission of the tour operator.
Article 2 (4)
Without prejudice to the provisions of Article 9 paragraph 3, the travel organizer has the right to terminate the agreement with immediate effect, if the number of registrations is less than the required minimum number, stated in the offer. Articles 10 and 12 do not apply.
Article 2 (5)
Before or at the conclusion of the agreement or as soon as possible thereafter, the client will provide all information concerning himself and the other traveler (s) that may be necessary or important for the conclusion or proper execution of the travel agreement. If he falls short of this obligation to provide information and this has the consequence that this traveler (s) is (are) excluded by the travel organizer from (further) participation in the trip in accordance with the provisions of Article 15, paragraph 2, the costs referred to in that Article will be charged to him.
Article 2 (6)
The client is jointly and severally liable for all obligations arising for him and for the traveler (s) from the agreement. All traffic (including payment transactions) between the traveler (s) on the one hand and the travel organization on the other hand exclusively through the client. The (other) traveler (s) is (are) responsible for his (their) own part.
Article 2 (7)
The tour operator is not bound by obvious errors and mistakes. Such errors and mistakes are errors and mistakes that - from the perspective of the average traveler - are or should be known as such at first sight.
Article 2 (8)
For medical reasons, deviations from or additions to the trip offered by the tour operator may be required (medical essentials). The travel organizer will make a real effort to comply with this, unless this cannot reasonably be expected of him. Medical essentials require the express written consent of the tour operator. In that case, the travel organizer has the right to charge the extra costs.
Article 2 (9)
If, for journeys that include transport, the travel and length of stay is stated in days in the publication, the days of departure and arrival, regardless of the departure and arrival time, are counted as whole days. For transport components of the trip, departure and arrival times will be stated in the travel documents.
Article 2 (10)
The tour operator is not responsible for general information in photos, leaflets, advertisements, websites and other information carriers, insofar as drawn up or published under the responsibility of third parties.
Article 2 (11)
The information about the trip to the travelers is provided by the client, but only after prior consultation with the travel organizer. If desired, the travel organizer undertakes to provide written information about the travel schedule and the accommodation addresses in good time; this will be further distributed by the client.
Article 2 (12)
The tour will be led by a team composed of two or more coordinators to be appointed by each side; However, ultimate control over the technical travel aspects of the trip rests solely with the representative of the tour operator.
Article 2 (13)
The tour operator is affiliated with VZR. The client is aware of the conditions under which VZR provides cover. The VZR conditions can be viewed via the Casita Travel website. If he does not comply with these conditions, the cover will lapse. Casita Travel is also affiliated with ANVR, number 4915. The ANVR conditions can be read on the Casita Travel website.
ARTICLE 3 PAYMENT.
Article 3 (1)
In order to secure the services provided by the exporting carriers, accommodation providers and other service providers, the travel organizer must commit to this in time and, on the other hand, submit to the payment and cancellation conditions applied by it. Therefore, unless otherwise agreed in writing, the following payment terms apply:
a. When the agreement is concluded, a down payment must be made that is equal to 50% of the total agreed amount.
Article 3 (2)
The remainder of the amount must be in Casita Travel's possession no later than eight weeks before the day of departure. Casita Travel does not send an extra invoice for the remainder of the travel sum.
Article 3 (3)
If the agreement is concluded within eight weeks before the day of departure, the entire travel sum must be paid immediately.
Article 3 (4)
If suppliers of selected program components use different deposit and cancellation conditions, these will be included in the offer and, if possible, lead to adjustment of the payment schedule.
Article 3 (5)
Payment must be made in the manner and currency specified in the quotation and / or invoice.
Article 3 (6)
In the event of late payment or security for the fulfillment of the payment obligations, the client is in default. He will be notified of this in writing by or on behalf of the travel organizer and will still have the option of paying or providing the amount owed or the security within 7 working days. If payment or security is still not forthcoming, the agreement will be deemed to have been canceled on the day of default. The tour operator has the right to charge the cancellation costs due. In that case, the provisions of Article 9 apply and the monies already paid will be deducted from the cancellation fees.
ARTICLE 4 TRIP.
Article 4 (1)
The fare has been calculated on the basis of the program proposal submitted with the offer.
Article 4 (2)
The amount is based on the prices, exchange rates and taxes, as these were known to the tour operator when the offer was made.
Article 4 (3)
The tour operator has the right to increase the amount up to 20 days before the start of the trip due to changes in the transport costs, other supplier costs, the taxes owed, levies and the applicable exchange rates. The travel organizer will indicate how the increase has been calculated.
Article 4 (4)
The client has the right to reject an increase in the travel sum as referred to in paragraph 3 if it exceeds a percentage laid down in the offer. He must - under penalty of forfeiture - exercise this right within 3 working days after receipt of the notification of the increase. If the client rejects the travel sum increase, the travel organizer has the right to cancel the agreement. He must - under penalty of forfeiture - exercise this within 5 working days after receipt of the rejection of this right. In that case, the client is entitled to remission or immediate refund of money already paid. Articles 10, 11 and 12 do not apply.
Article 4 (5)
Any unforeseen (extra) expenses will only be made after consultation with the client and if possible will be charged on the spot or afterwards for a separate invoice.
ARTICLE 5 INFORMATION.
Article 5 (1)
At the latest when the contract is concluded, general information regarding passports, visas and any health formalities will be provided to the client by or on behalf of the travel organizer. This passes this information on to the travelers.
Article 5 (2)
The client himself will obtain the necessary additional information from the relevant authorities and will also check in good time before departure whether the information previously obtained has not been changed in the meantime.
Article 5 (3)
The client must ensure that the travel participants are in possession of the necessary travel documents on departure and during the trip, such as passport, visa, vaccination certificates, credit card for the rental car, driving license, etc.
Article 5 (4)
If a traveler cannot or cannot make the trip entirely due to a lack of one of the documents referred to above, this will be entirely at his expense and for that of the client, unless the travel organizer has agreed to take care of that document and the lack thereof can be attributed whether the travel organizer has failed to fulfill its obligation to provide information as referred to in (1).
Article 5 (5)
By or on behalf of the travel organizer, the client will be provided with information about and mediated in taking out cancellation insurance and travel insurance for travelers.
ARTICLE 6 TRAVEL DIVERSE.
The travel organizer will provide the client with the necessary travel documents no later than 2 days before departure (in the case of personal transport trips before the arrival date of the first booked stay).
Article 7 CHANGES BY THE CLIENT.
Article 7 (1)
After the agreement has been concluded, the client can request (partial) changes to it. These (partial) changes will be made as far as possible up to 28 days before departure and in that case will be confirmed in writing by the travel organizer. This is subject to the condition that the client pays the changed travel sum in accordance with the regulation in Article 3 and less any monies already paid. From 28 days before the day of departure, change requests are first assessed for feasibility.
If after the final booking additional services are desired by the client an administration fee of € 50.00 will be charged.
Article 7 (2)
The (partial) change costs are presented to the client in advance. If the client rejects these costs, the changes will not be implemented. If the client cancels the travel agreement, article 9 applies. Article 7 paragraph 3 Reduction of the number of participants in the trip or the program or postponement of the travel date is considered a (partial) cancellation by the client to which Article 9 applies.
ARTICLE 8 IN-PLACEMENT.
Article 8 (1)
The client can have one traveler replaced by another in time for the start of the trip. The following conditions apply:
the other person meets all the conditions attached to the agreement; and
b. the request is submitted no later than 7 working days before departure, or in good time so that the necessary actions and formalities can still be carried out; and
c. the terms and conditions of the service providers involved in the implementation do not preclude this substitution.
Article 8 (2)
The client, the traveler and the person who replaces him are jointly and severally liable to the travel organizer for the payment of the part of the travel sum still due and any additional costs resulting from the replacement.
Article 9 CANCELLATION BY THE CLIENT.
Article 9 (1)
Unless otherwise agreed in writing, the client owes the following immediately due and payable amounts when the agreement is canceled:
a. Cancellation up to the 42nd day before departure: the full down payment; i.e. 50% of the basic travel sum plus 100% of the flight price and cancellation insurance
b. Cancellation from the 42nd day (inclusive) up to the 29th day before departure: 60% of the basic travel sum plus 100% of the flight price and cancellation insurance
c. In case of cancellation from the 28th day (inclusive) before departure or later: the entire travel sum as well as the amounts already invoiced as referred to in Article 4 (4).
Article 9 (2)
If the client cancels the agreement with regard to one or more traveler (s) belonging to the same group, the above percentages apply multiplied by the travel sum per person and furthermore multiplied by the number of travel participants who canceled. If this results in the number of travel participants falling below the minimum number of travel participants indicated in the offer, the travel organizer has the right to increase the travel sum for the remaining travel participants. If the client rejects this increase, this rejection will count as cancellation of the agreement as soon as the notification of the rejection reaches the travel organizer.
Article 9 (3)
Cancellations outside office hours are deemed to have been made on the next working day.
ARTICLE 10 CANCELLATION BY THE TRAVEL ORGANIZER.
Article 10 (1)
The tour operator has the right to cancel the contract due to serious circumstances. The travel organizer will immediately inform the client of this. The agreement will be considered as often as possible dissolved as a result of this notification.
Compelling circumstance does not equal force majeure
A worldwide epidemic, an abnormally severe storm, a flood due to water and / or mud or a war situation are seen as force majeure. This means that the tour operator can never be held responsible.
See also article 12 (liability and force majeure)
In such a case, the tour operator will look for the best possible solution together with the accommodation owner / supplier / local representative. Rebooking to a later period or rebooking to another destination or other accommodation is preferred.
Article 10 (2)
Significant circumstances are understood to be circumstances that are of such a nature that the travel organizer cannot be reasonably required to continue to be bound by the agreement.
Article 10 (3)
If this agreement is dissolved in accordance with paragraph 1, the travel organizer is obliged to immediately refund to the client all monies already paid by the client, which it still has in its possession. It also undertakes to reclaim amounts already paid and, where possible, to hold liable third parties for the damage suffered by the client and itself. However, the tour operator is not obliged to more than that towards the client.
Article 10 (4)
If the cause of the cancellation can be attributed to the client or the traveler (s), the resulting damage will be charged to the client.
ARTICLE 11 CHANGE BY THE TRAVEL ORGANIZER.
Article 11 (1)
The travel organizer has the right to change the agreed service due to serious circumstances as further described in Article 10, paragraph 2. He will inform the client of this as soon as possible.
Article 11 (2)
In the event of a change, the travel organizer will make the client an alternative offer as soon as possible. The client has, if it cannot reasonably be expected of him, to continue the trip, then the right to dissolve this agreement. This right lapses 48 hours after notification has reached him.
Article 11 (3)
If this agreement is dissolved in accordance with paragraph 2, the travel organizer is obliged to immediately refund to the client all monies already paid by the client, which it still has in its possession. It also undertakes to reclaim amounts already paid and, where possible, to hold liable third parties for the damage suffered by the client and itself. However, the tour operator is not obliged to more than that towards the client.
Article 11 (4)
If the cause of the change can be attributed to the client or the traveler (s), the resulting costs and damages will be charged to the client. If the travel organizer saves money through the change, the client is entitled to the amount of that saving.
ARTICLE 12 LIABILITY AND FORCE MAJEURE.
Article 12 (1)
Without prejudice to the provisions of Articles 10, 11, 13, 14 and 15, the travel organizer is obliged to perform the agreement in accordance with the expectations that the client could reasonably have under the agreement. Factors of general publicity regarding the agreed destination and the nature of the trip must be taken into account. The implementation of this agreement must also be assessed on the basis of the use, the state of the art and the limitations and customs that the destination and character of the agreed travel program entail.
Article 12 (2)
If the trip does not proceed in accordance with the expectations referred to in paragraph 1, the client is obliged to notify the travel organizer of this as soon as possible.
Article 12 (3)
If the trip does not proceed in accordance with the expectations referred to in paragraph 1, the travel organizer is obliged to compensate any damage, unless the shortcoming in the fulfillment cannot be attributed to her or to the person whose help she uses in the execution of the agreement. makes because:
a. the shortcoming in the performance of the agreement is attributable to the client or the traveler (s); or
b. the shortcoming in the execution of the agreement could not be foreseen or could not be remedied and is attributable to a third party who is not involved in the delivery of the services included in the trip; or
c. the shortcoming in the execution of the agreement is due to an event that the travel organizer or the person whose assistance it uses in the execution of the agreement could not foresee or remedy it with due care; or
d. the shortcoming in the execution of the agreement is due to force majeure as referred to in paragraph 4 of this article.
Article 12 (4)
Contrary to Section 6:75 of the Dutch Civil Code, force majeure is understood to mean abnormal and unforeseeable circumstances that are independent of the will of the person relying on them and of which the consequences could not be avoided despite all precautions.
Wifi and disturbances: Casita Travel cannot guarantee the operation of Wifi / internet connection, even if it is indicated that it is present at a holiday home / apartment. The (temporary) absence or non-functioning of an internet connection / WIFI cannot be charged to the travel organization or the owner. Nor does Casita Travel accept liability for malfunctions and failure of power, gas and water supplies.
ARTICLE 13 HELP AND ASSISTANCE.
Article 13 (1)
a. The tour operator is, depending on the circumstances, obliged to provide the traveler with help and assistance, if the trip does not proceed in accordance with the expectations that he could reasonably have under the agreement. The resulting costs will be borne by the travel organizer if the shortcoming in the performance of the agreement is attributable to him in accordance with Article 12 (3).
b. If the cause can be attributed to the client or the traveler, the travel organizer is only obliged to provide help and assistance insofar as this can reasonably be expected of him. In that case, the costs are for the account of the client.
Article 13 (2)
If the trip does not proceed in accordance with the expectations that the client could reasonably have under the agreement due to circumstances that cannot be attributed to the client or the traveler or to the travel organizer, each party will bear its own damage. For the travel organizer, this includes the additional deployment of manpower: for the client, this includes additional accommodation and repatriation costs.
ARTICLE 14 EXCLUSION AND LIMITATIONS OF LIABILITY OF THE TRAVEL ORGANIZER.
Article 14 (1)
In the event that a contract applies to a service included in the trip that grants or allows an exclusion or limitation of liability to the service provider, the liability of the tour operator is accordingly excluded or limited. Nor does he accept liability for damage for which there is a claim for compensation on the grounds of health / accident, travel and / or cancellation insurance and personal liability insurance.
Article 14 (2)
If the travel organizer is liable for loss of travel enjoyment of one or more travelers, the compensation per traveler is a maximum of once the applicable travel sum per person (or if there is one travel sum, the total travel sum divided by the number of participants).
Article 14 (3)
The organizer accepts no liability for damage that is directly or indirectly related to the exercise of a profession or company of the client and other participants.
Article 14 (4)
Notwithstanding the provisions of the previous paragraphs of this article, the liability of the travel organizer for damage other than caused by death or injury of the traveler is limited to a maximum of three times the travel sum per person (or in the case of one travel sum, the total travel sum divided by the number of participants).
Article 14 (5)
The exclusions and / or limitations of the travel organizer's liability included in this article also apply to employees of the travel organizer, the booking agency and the service providers involved, as well as their staff, unless this is excluded by convention or law.
Article 14 (6)
Casita Travel cannot be held liable for agreements (car rental, activities, excursions, etc.) that are concluded by the traveler at the destination and, if necessary. inconveniences and costs resulting from this. This also applies to agreements at the destination between the traveler and the local representation of More and Travel.
ARTICLE 15 OBLIGATIONS OF THE TRAVELER.
Article 15 (1)
The traveler (s) is / are obliged to comply with all directions and regulations of the tour operator or the service providers to promote the proper execution of the trip and is / are liable for damage caused by his / their unauthorized behavior, to be assessed according to the measure of the behavior of a correct traveler. Tickets, admission ticket (s) and other travel documents are personal and non-transferable. It is prohibited to resell or otherwise provide it to third parties in any way.
Article 15 (2)
a. The traveler who causes or can cause nuisance or inconvenience to such an extent that the proper execution of a trip is thereby greatly hindered or can be made more difficult, can be excluded by the travel organizer from (continuation of) the trip, if this in it cannot reasonably be required that the agreement be fulfilled.
b. All resulting costs are for the account of the client.
Article 15 (3)
The traveler is obliged to avoid or limit any damage as much as possible, in particular by reporting this directly to the tour operator.
ARTICLE 16 FLIGHT AND BOAT CHANGES.
All flight and boat schedules communicated are subject to change by the applicable airline. Casita Travel BV can never be held liable for costs arising from schedule changes.
ARTICLE 17 DELAYS.
Delays can occur. There may be busy airspace strikes or bad weather. Casita Travel BV can never be held liable for costs arising from delays in transport.
ARTICLE 18 INTEREST AND COLLECTION COSTS.
If the client does not meet a financial obligation to the travel organizer in time, an interest of 1% is due on the amount still owed for each month or part of a month of delay. Furthermore, he is obliged to compensate extrajudicial collection costs equal to 15% of the claim, with a minimum of Euro 50,00.
ARTICLE 19 COMPLAINTS.
Article 19 (1)
An established shortcoming in the implementation of the agreement as referred to in Article 12 must be reported as soon as possible to the contact person of the tour operator, service provider, accommodation owner, car rental company, etc., so that he can find an appropriate solution.
Article 19 (2)
If the shortcoming is not resolved satisfactorily and gives rise to a complaint, the client must report this in writing by email to the management of Casita Travel BV within 3 working days.
Article 19 (3)
If the complaint on the spot cannot be handled satisfactorily, the traveler can submit a complaint in writing to Casita Travel BV no later than one month after the return date in the Netherlands.
Article 19 (4)
Complaints that are not reported in writing to the agent or the accommodation, car rental, service provider on the spot can never lead to compensation afterwards.
ARTICLE 20 INDEMNIFICATION BY THE CLIENT.
The client indemnifies the travel organizer against claims from third parties that are based on acts and / or omissions of himself, his employees and / or the travel participants.
ARTICLE 21 DISSOLUTION ON INSOLVENTION.
This agreement will be dissolved with immediate effect, if and as soon as the client applies for a moratorium, is declared bankrupt or remains negligent in order to pay due installments after being properly notified of default. In that case, the provisions of Article 9 apply.
ARTICLE 22 DUTCH LAW AND DUTCH COURT.
Dutch law applies to all obligations between the tour operator on the one hand and the client and / or the travel participants on the other, to the exclusion of any other legal system and of the referral rules of Dutch private international law. The decision of all disputes arising from this agreement has been assigned to the competent court in Zwolle to the exclusion of any other court. Claim rights under this agreement will expire one year after the end of the trip (or, if the trip has not been made, one year after the original departure date).
ARTICLE 23 GENERAL.
Apparent errors and mistakes on this website are not binding on Casita Travel BV. You are allowed to view, store, print, reproduce and distribute the content of the website for non-commercial purposes. A condition for distribution is that the content is not changed and the disclaimer is added.
Copyright Casita Travel BV, Apeldoorn, May 2020