TERMS & CONDITIONS SENSATION TRAVEL
These Travel Terms and Conditions were drawn up in consultation with the Consumers Association in the framework of the Self-Regulation Coordination Group (CooÌˆrdinatiegroep Zelfreguleringsoverleg) of the Social and Economic Council (SER). The terms and conditions were last revised in September 2008. Existing legal provisions were taken into account in the preparation of these terms and conditions.
Article 1 Introductory provision
Article 2 Creation and content of contract
Article 3 Payment
Article 4 Travel sum
Article 5 Information
Article 6 Travel documents
Article 7 Changes instigated by the traveller
Article 8 Substitution
Article 9 Cancellation by the traveller
Article 10 Cancellation by the travel organiser
Article 11 Changes instigated by the travel organiser
Article 12 Liability and force majeure
Article 13 Aid and assistance
Article 14 Exclusion and limitation of travel organiser's liability
Article 15 The traveller's obligations
Article 16 Interest and collection costs
Article 17 Complaints
Article 18 Disputes
Article 19 Compliance guarantee
ARTICLE 1 - Introductory provision
1. In these Travel Terms and Conditions:
Travel organiser means: the party whose business consists of providing the public or a group of people with pre-arranged travel packages in its own name.
Traveller means: a. the other party entering into the contract with the travel organiser, or
b. the party on whose behalf the travel package has been arranged and who has accepted that arrangement, or
c. the party to whom the legal relationship with the travel organiser has been transferred in accordance with article 8 of these terms and conditions.
Travel Contract means: the contract where the travel organiser undertakes vis-aÌ€-vis the other party to provide a pre-arranged travel package offered by it, comprising an overnight stay or a period of more than 24 hours as well as at least two of the following services:
c. another tourist service, not related to transport or accommodation, which forms a significant part of the travel package.
Self-transport packages means: travel packages in which travellers reserve holiday accommodation but make their own travel arrangements.
Booking office means: the company that assists with the arrangement of the travel contract between the traveller and the travel organiser.
Working days means: Mondays to Saturdays, with the exception of recognised public holidays.
Office hours means: Mondays to Fridays inclusive from 9am - 5.30pm and Saturdays from 10am to 4pm, with the exception of recognised public holidays.
2. These travel terms and conditions apply to all travel contracts as well as contracts relating to self-transport and shuttle coach services. The travel organiser can also stipulate that these travel terms and conditions apply equally to contracts relating to other travel services, provided this is stated in the publication.
3. Prices stated in these terms and conditions include VAT (where applicable).
4. Organisers of cruises, scheduled flight holidays, tours, adventure holidays, travel outside Europe and the Mediterranean countries and self-transport holidays involving the hiring of motorboats or sailing yachts may diverge from the provisions in article 3 paragraph 1 and article 9 paragraph 2. They must clearly inform the traveller of any such divergent provisions in advance.
5. The phrase â€œEurope and the Mediterranean countriesâ€ denotes: the European continent, including the Spanish (Canary) and Portuguese (Madeira, Azores) islands, and all countries in Asia and Africa that border the Mediterranean Sea.
ARTICLE 2 - Creation and content of contract
1. Offer and acceptance
a. The contract is created upon the traveller's acceptance of the travel organiser's offer. Acceptance can be arranged either directly or through the services of a booking office. After the creation of the contract, the traveller receives confirmation as soon as possible, either on paper or electronically, optionally in the form of an invoice.
b. In the case of bookings made via Internet, the travel organiser designs the booking process such that, before acceptance, the traveller is informed that he is entering into a contract. By confirming the booking by the travel organiser, the traveller is committed to this contract.
2. Withdrawal of offer
The offer of the travel organiser is made without obligation and can be withdrawn by the travel organiser if necessary. Withdrawal in order to correct errors in the calculation of the travel sum, or other errors, is permitted. This must take place as soon as possible, stating reasons, and no later than 8 (travel to Europe and the Mediterranean countries) or 16 (travel to other destinations) office hours after acceptance. In this case, the traveller has a right to prompt reimbursement of any moneys paid.
3. Evident errors
Evident errors and evident mistakes are not binding upon the travel organiser. Such errors and mistakes are errors and mistakes which from the perspective of the average traveller were or should have been instantly recognised as such.
4. Cancellation by trip organiser due to lack of interest
The travel organiser has the right to terminate the contract with immediate effect if the number of bookings is smaller than the required minimum number. He gives clear details of the period of notice of cancellation and the required minimum number of bookings in the publication. Cancellation must take place in writing and within the term mentioned in the publication. Articles 10 and 12 are not applicable.
5. Traveller's duty of disclosure
a. The traveller will provide the booking office or travel organiser, before or no later than at the time of concluding the contract, with all details about him/herself and the travellers for whom he/she has made bookings that may be relevant to the conclusion or fulfilment of the contract. Details include the traveller's mobile phone number and e-mail address, if available.
b. Furthermore, he/she will mention any details regarding the nature or composition of the group of travellers whom he/she has booked that may be relevant to the proper fulfilment of the agreed travel package by the travel organiser. If he/she fails to meet this information requirement and the travel organiser is consequently compelled, in accordance with the provisions in article 15 paragraph 2, to exclude said traveller(s) from (further) participation in the travel package, the costs stated in said article will be charged to him/her.
6. The booking party
a. Any person who enters into a contract on behalf of or for the benefit of another person (the booking party) is severally liable for all obligations arising from the contract.
b. All communications and transactions (including payments) between the traveller(s) on the one hand and the travel organisation and/or booking office on the other hand are exclusively conducted through the booking party.
c. The (other) traveller(s) is/are each liable for their own share.
7. Published details and restrictions
a. If the agreed travel package is advertised in a publication of the travel organiser, the details contained therein form part of the contract.
b. If the travel organiser has included general provisos in the general part of the programme which are in conflict with the travel terms and conditions, the provisions most favourable to the traveller will prevail.
8. Essential needs
a. Alternatives or additions to the travel package offered by the travel organiser may be requested on medical grounds (essential medical needs). The travel organiser will make a genuine effort to meet these requests unless it cannot in all reasonableness be expected to do so.
Essential medical needs are subject to the express written approval of the travel organiser.
b. In this case the travel organiser is entitled to charge the following costs:
âˆ' organisation costs arising from the alternative or additional service up to
â‚¬ 23.00 per booking (â‚¬ 11.00 in the case of self-transport per booking if shorter than 5 days or in the case of travel/accommodation within the Netherlands);
âˆ' communication costs;
âˆ' any extra costs charged by service providers involved in the fulfilment of the travel package.
c. The travel organiser shall exclusively consider requests regarding non-medical essential needs (other essential needs) if there is a reasonable chance of meeting such a request. In this case, the travel organiser is entitled to charge the following costs:
âˆ' the organisation costs arising from the request of â‚¬ 27.00 per booking (â‚¬ 14.00 in the case of self-transport per booking if shorter than 5 days or travel/accommodation within the Netherlands);
âˆ' communication costs;
âˆ' any extra costs charged by service providers involved in the fulfilment of the travel package.
These requests also require the express written approval of the travel organiser.
9. Departure and arrival times
The travel documents will state the departure and arrival times for the transport components included in the travel package. These times are definite. The travel organiser may only alter these times within reasonable limits and if it cannot be reasonably required to adhere to these times. In this case, articles 11 and 12 are not applicable.
In the case of air transport, as soon as the travel organiser is aware of the identity of the airline to be used it must inform the traveller of this, preferably when the latter is making a booking but no later than the time at which the traveller is given his/her travel documents.
11. Information third parties
The travel organiser is not responsible for general information in photos, brochures, adverts, websites and other information carriers insofar as produced or published under the responsibility of third parties.
ARTICLE 3 - Payment
1. a. Upon the creation of the contract, the travel sum must be paid immediately and in full.
ARTICLE 4 - Travel sum
1. The advertised travel sum applies per person, unless otherwise indicated. This includes the services and facilities mentioned in the publication, which may or may not be specified in terms of separate cost elements, including the unavoidable additional costs that the traveller is required to pay for the services that he/she is being offered, insofar as these are known at the time of publication. The phrase â€œunavoidable additional costsâ€ refers to those expenses that are inextricably linked to the service being offered. This does not include the costs of additional services provided by the travel organiser or by third parties at the request of the traveller, such as insurance premiums, as well as costs charged per party upon booking and which vary according to the size of the party in question, and reservation costs which may vary from one sales channel to another.
2. The advertised travel sum is based on the prices, exchange rates, levies and taxes as known to the travel organiser at the time the publication went to press.
3. As long as the travel sum has not been paid in full, the travel organiser is entitled until 20 days before the day of departure (in the case of self-transport packages, before the first date of arrival at booked accommodation) to increase the travel sum on account of changes in the transport costs (including fuel costs), payable taxes, levies and applicable exchange rates. The travel organiser will indicate how the increase was calculated. Said changes will also lead to a reduction in the travel sum unless the costs incurred in this connection are such that this cannot be reasonably required from the travel organiser. The travel organiser will indicate how the increase was calculated.
4. a. Charter flights in Europe
Contrary to the provisions in paragraph 3, after the creation of the travel contract, the travel organiser will not change the travel sum of charter flights carried out by Dutch airline companies to European destinations and the Mediterranean countries.
b. Other forms of travel
Contrary to the provisions in paragraph 3, after the timely payment of the entire travel sum, the travel organiser will not change the travel sum during the six weeks before the day of departure (in the case of self-travel packages, before the first date of arrival at booked accommodation).
c. Contrary to the provisions in a. and b. and exclusively in the case of unforeseeable
âˆ' increases in payable taxes or levies, or
âˆ' extreme increases in transport costs
the travel organiser may increase the travel sum up to 20 days before the day of departure. ANVR and the Consumers' Association jointly determine whether such a situation exists. If no agreement is reached, an independent third party to be appointed in joint consultation will be requested to make a decision that is binding on both parties.
5. a. The traveller is entitled to reject an increase in the travel sum as referred to in the preceding two provisions. He/she must exercise this right subject to forfeiture within 3 working days of receiving advice of the increase.
b. If the traveller rejects the increase in the travel sum, the travel organiser is entitled to cancel the contract. It must exercise this right subject to forfeiture within 7 working days of the traveller receiving advice of the increase. In this event, the traveller is entitled to waiver of the travel sum or immediate restitution of sums already paid. Articles 10, 11 and 12 are not applicable.
ARTICLE 5 - Information
1. General information (tailored to individuals holding Dutch nationality) on passports, visas and health formalities (where applicable) will be supplied to the traveller, no later than upon concluding the contract, either by or on behalf of the travel organiser. The traveller him/herself is responsible for obtaining any necessary additional information from the authorities and also for making timely enquiries before departure to ascertain whether the earlier-obtained information has not changed in the meantime.
2. If the traveller is unable to take part in the (entire) trip because of the absence of any (valid) document, this and all resulting consequences will be for his account, unless the travel organiser has promised to supply that document and can be held responsible for the absence of that document or the travel organiser has failed in its obligation to provide information as stipulated in the above provision.
3. The traveller him/herself is responsible for having the required documents on their person, such as a passport that meets all the requisite validity criteria, or, where permitted, a tourist identity card and any required visas, proof of inoculations and vaccinations, driving licence and green card.
4. The traveller will be informed of the possibility of taking out holiday cancellation insurance and travel insurance either by or at the request of the travel organiser.
ARTICLE 6 - Travel documents
1. The travel organiser will place the required travel documents in the possession of the traveller no later than 10 days before the day of departure (in the case of self-transport packages, before the first date of arrival at booked accommodation), unless this cannot be reasonably required of the travel organiser.
2. If the traveller has not yet received the required travel documents by at most 5 working days before departure, he/she will notify the travel organiser or the booking office without delay.
3. a. If a travel package is booked within 10 days before the day of departure (in the case of self-transport packages: before the first date of arrival at booked accommodation), the travel organiser or the booking agency will indicate when and in what manner the required travel documents will be placed in the possession of the traveller.
b. If the traveller has not received these accordingly, he/she will notify the travel organiser or the booking agency without delay.
ARTICLE 7 - Changes instigated by the traveller
1. After the creation of the contract the traveller may request changes to the contract. This is subject to the condition that the traveller pays the changed travel sum less any payments already made. In addition he/she is required to the pay booking change costs of â‚¬ 27.00 per booking (in the case of self-transport packages, â‚¬ 14.00 if shorter than 5 days or with travel/accommodation in the Netherlands) and any communication costs. A decision about the request will be taken as soon as possible. These changes will be made insofar as possible up to 28 days before departure and in this case will be confirmed in writing by the travel organiser.
2. Rejections will be motivated with reasons and promptly communicated to the traveller. The traveller can maintain or cancel the original contract. In the latter case, article 9 will be applicable. If the traveller fails to respond to the rejection of his/her request, the original contract will be carried out.
3. A change to the date of departure or a reduction in the number of paying passengers is treated as a (partial) cancellation subject to article 9. In this case, no booking change or communication costs are payable.
ARTICLE 8 - Substitution
1. The traveller may allow him/herself to be substituted by another person, provided this takes place in good time before departure. Substitution is subject to the following conditions:
âˆ' the other person meets all conditions governing the contract; and
âˆ' the request is submitted no more than 7 days before departure or in sufficient time to permit completion of the necessary actions and formalities; and
âˆ' the conditions of the service providers involved in the fulfilment of the contract do not oppose such a substitution.
2. The applicant, the traveller and the substitute are severally liable vis-aÌ€-vis the travel organiser for the payment of the outstanding part of the travel sum, the costs of the change and communication mentioned in article 7, paragraph 1 and any extra costs resulting from the substitution.
ARTICLE 9 - Cancellation by the traveller
1. Standard cancellation charges
If a contract is cancelled, the traveller is liable to pay cancellation charges in addition to any booking charges. The cancellation charges are: the full travel sum.
If the traveller opts for substitution rather than cancellation, article 8 is applicable.
ARTICLE 10 - Cancellation by the travel organiser
1. The travel organiser has the right to cancel the contract on account of weighty circumstances.
2. Weighty circumstances are circumstances that are of such a nature that the travel organiser can no longer be reasonably required to fulfil the contract.
3. A limitation of cover imposed by the Calamiteitenfonds Reizen (Travel Calamity Fund) on the contract is a weighty circumstance.
4. a. If the cause of the cancellation is attributable to the traveller, the traveller is liable for the resulting loss.
b. If the cause of the cancellation is attributable to the travel organiser, the travel organiser is liable for the resulting loss. Whether this is the case is determined on the basis of article 12.
c. If the cause of the cancellation is attributable to neither the traveller nor the travel organiser, each party bears its own share of the loss as worked out in greater detail in article 13.
5. If the travel organiser saves money as a result of the cancellation, the traveller is entitled to his/her share of that saving.
ARTICLE 11 - Changes instigated by the travel organiser
1. a. The travel organiser has the right to make changes to the agreed service on the grounds of weighty circumstances as described in greater detail in article 10 paragraph 2. He shall notify the traveller of said circumstances within 72 hours (3 working days) of the moment that the travel organiser was informed of the change. From 10 days before the departure (in the case of self-transport packages, before the first date of arrival at booked accommodation), these circumstances must be communicated within 24 hours (1 working day).
b. If the change in question involves one or more substantial points, then the traveller is entitled to reject the change(s).
c. If the change in question involves one or more non-substantial points, then the traveller is only entitled to reject the change if the disadvantage caused to him/her by the change can be deemed to be greater than negligible.
d. If the travel organiser saves money as a result of the change, the traveller is entitled to his/her share of that saving.
2. a. In the event of a change, the travel organiser will make the traveller an alternative offer if possible. This offer must be made within 72 hours (3 working days). From 10 days before the departure (in the case of self-transport packages, before the first date of arrival at booked accommodation), the applicable term is 24 hours (1 working day).
b. The alternative offer must be at least equal to the original offer. The equality of alternative accommodation must be assessed according to objective criteria and should be determined according to the following circumstances which must be evident from the alternative offer:
âˆ' the situation of the accommodation in the place of destination;
âˆ' the nature and class of the accommodation;
âˆ' the other facilities offered by the accommodation.
The assessment referred to here must take account of:
âˆ' the composition of the group of travellers;
âˆ' the special characteristics of the traveller(s) in question that are known to and have been confirmed in writing by the travel organiser and which the traveller(s) indicated as being of essential importance;
âˆ' the alternatives or additions to the programme requested by the traveller and confirmed and approved in writing by the travel organiser;
3. a. The traveller who exercises his/her right to reject the change or the alternative offer on the grounds of the previous paragraphs must make this known within 72 hours (3 working days) of receiving advice of the change or the alternative offer. From 10 days before the departure, the applicable term is 24 hours (1 working day).
b. In that case the travel organiser has the right to cancel the contract with immediate effect. It must exercise this right subject to forfeiture within 72 hours (3 working days) of the traveller receiving the rejection. From 10 days before the departure (in the case of self-transport packages, before the first date of arrival at booked accommodation), the applicable term is 24 hours (1 working day).
In that case the traveller is entitled to waiver or restitution of the travel sum (or, if part of the travel package has already been completed, to restitution of a proportionate part thereof) within 2 weeks, without prejudice to any rights to compensation as intended in paragraph 4.
4. a. If the cause of the change is attributable to the travel organiser, the travel organiser is liable for the resulting loss to the traveller. Whether this is the case is determined on the basis of article 12.
b. If the cause of the change is attributable to the traveller, the traveller is liable for the resulting loss.
c. If the cause of the change is attributable to neither the traveller nor the travel organiser, each party bears its own share of the loss as worked out in greater detail in article 13.
5. If, after the start of the agreed travel package, a significant part of the services set out in the contract cannot be provided, then the travel organiser will make appropriate alternative arrangements with a view to safeguarding the continuation of the trip. See Article 13 for details of the associated costs.
If such arrangements are not possible, the travel organiser will provide the traveller(s) with equivalent transport that will take will take him/her/them back to the place of departure or other return destination agreed with the traveller(s). See Article 13 for details of the associated costs.
6. Without prejudice to the provisions in article 15 paragraph 4, the travel organiser is obliged to inform the traveller of any changes made by it to the departure times.
In relation to the return journey, this obligation does not apply to travellers who have exclusively booked transport and/or whose accommodation address is not known.
ARTICLE 12 - Liability and force majeure
1. Without prejudice to the provisions in articles 10 and 11, the travel organiser is obliged to fulfil the contract in accordance with the expectations that the traveller was reasonably entitled to have on the grounds of the contract.
2. If the travel package fails to meet the expectations referred to in paragraph 1, the traveller is obliged to advise those involved as soon as possible, as referred to in article 17 paragraph 1.
3. If the travel package fails to meet the expectations mentioned in paragraph 1, the travel organiser is obliged - without prejudice to the provisions in articles 13, 14 and 15 - to compensate any loss or damage suffered by the traveller unless the failure to fulfil the contract cannot be attributed to the travel organiser or the person assisting with the fulfilment of the contract, because:
a. the failure to fulfil the contract can be attributed to the traveller; or
b. the failure to fulfil the contract 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 travel package; or
c. the failure to fulfil the contract is attributable to an event that the travel organiser or person assisting with the fulfilment of the contract could not, despite exercising all due care, foresee or rectify; or
d. the failure to fulfil the contract is due to force majeure as mentioned in paragraph 4 of this article.
4. Force majeure refers to abnormal and unforeseeable circumstances that took place independently of the will of the person invoking such circumstances and the consequences of which could not be avoided despite all precautions.
ARTICLE 13 - Aid and assistance
1. a. The travel organiser is obliged, depending on the circumstances, to afford the traveller aid and assistance if the trip does not live up to the expectations that the latter could reasonably have on the grounds of the contract. The ensuing costs are borne by the travel organiser, if the failure to fulfil the contract can be attributed to it, in accordance with article 12 paragraph 3.
b. If the cause is attributable to the traveller, the travel organiser is only obliged to afford aid and assistance insofar as this can be reasonably required. In this case, the costs are borne by the traveller.
2. If the trip fails to meet the expectations that the latter could reasonably have on the grounds of the contract due to circumstances attributable to neither the traveller nor the travel organiser, each party will bear its own loss. For the travel organiser this will include the use of additional manpower; for the traveller this will include additional accommodation and repatriation costs.
ARTICLE 14 - Exclusion and limitation of travel organiser's liability
1. a. If any service included in the travel package is governed by a Treaty that acknowledges or permits exclusion or limitation of the service provider's liability, the travel organiser's liability is accordingly excluded or limited.
b. Nor is the travel organiser liable if and insofar as the traveller has been able to claim his/her loss under an insurance policy, such as a travel and/or holiday cancellation insurance policy.
2. If the travel organiser is liable vis-aÌ€-vis the traveller for loss of enjoyment, the compensation will not exceed the travel sum.
3. Without prejudice to the preceding provisions of this article, the travel organiser's liability for loss resulting from causes other than the death or injury of the traveller is limited to at most three times the travel sum, unless the travel organiser is guilty of wilful intent or gross negligence. In that case the liability is unlimited.
4. The exclusions and/or limitations of the travel organiser's liability included in this article also apply to the staff of the travel organiser, the booking office and the service providers involved, as well as their staff, unless this is excluded by a Treaty or Act.
ARTICLE 15 - The traveller's obligations
1. a. The traveller(s) is/are obliged to comply with all instructions of the travel organiser to promote the proper fulfilment of the travel package and is/are liable for loss caused by any improper conduct on his/her/their part. The criterion for judging whether conduct is improper will be the conduct of a properly behaved traveller.
2. a. The traveller who causes or may cause so much nuisance or trouble that the proper fulfilment of a travel package is or may be greatly hindered can be excluded from (continuing) the trip by the travel organiser, if the latter cannot be reasonably required to fulfil the contract.
b. All ensuing costs are borne by the traveller if and insofar as the consequences of the nuisance or trouble can be attributed to him/her. If and insofar as the cause of the exclusion cannot be attributed to the traveller, the travel sum will be wholly or partly refunded to him/her.
3. The traveller is obliged wherever possible to avoid or limit any loss or damage, particularly by meeting his/her reporting obligation as described in greater detail in article 17 paragraph 1.
4. Every traveller must check the exact time of departure for the return journey with the tour holiday representative or the travel organiser's local representative no more than 24 hours before the indicated time of departure.
ARTICLE 16 - Interest and collection costs
The traveller who fails to fulfil a financial obligation to the travel organiser on time is required to pay legal interest over the outstanding amount.
In addition, he/she is required to refund any out-of-court settlement costs equal to 15% of the claimed sum, unless this amount, given the collection work involved and the payable amount, is unfair.
ARTICLE 17 - Complaints
1. a. An identified shortcoming in the fulfilment of the contract as referred to in article 12 paragraph 2, must be reported in situ as soon as possible, to enable an effort to be made to resolve the problem. To this end, the traveller should report in this order to the relevant service provider, the tour holiday representative or, if this individual is not present or cannot be reached, the travel organiser. If the shortcoming is not resolved within a reasonable term and the quality of the trip suffers as a consequence, this must in any event be reported without delay to the travel organiser.
b. If a shortcoming cannot be satisfactory resolved in situ, the travel organiser will provide adequate facilities for this to be recorded as a written complaint in the manner prescribed (complaint report).
c. The travel organiser will provide information in the travel documents concerning with procedure to be followed in situ, the contact details, and the availability of those involved.
d. The communication costs will be refunded by the travel organiser unless it can be demonstrated that there was no good reason to incur said costs.
e. If the traveller failed to meet the reporting obligation and to produce a complaints report and the service provider or the travel organiser was, as a result, not given an opportunity to rectify the shortcoming, his/her right to compensation may be excluded or limited.
2. a. If a complaint is not satisfactorily resolved, it must be submitted in writing with reasons to the booking office within one month after the termination of the travel package or received service or after the original date of departure. The traveller should append a copy of the complaints report to this written complaint.
b. lf the complaint concerns the actual contracting procedure, it must be submitted to the booking office within one month of the traveller ascertaining the facts relating to the complaint.
c. If the traveller fails to submit the complaint in time, the travel organiser will not take it into consideration unless the late submission cannot be reasonably attributed to negligence on the part of the traveller. The travel organiser will inform the traveller of this in writing or electronically.
d. Within one month of receiving the complaint, the travel organiser will produce a written response to the content of the complaint. If no response is forthcoming within this period, then the period referred to in article 18 paragraph 1a is extended by one month. If, after more than two months, the travel organiser still has not responded, then the period referred to in article 18 paragraph 1a is extended by two months.
e. If the allotted time is once again exceeded by the travel organiser, causing the travel organiser's response time to exceed a period of three months, then the Disputes Committee may decide that it should nevertheless deal with the dispute in question.
ARTICLE 18 - Disputes
1. a. If a complaint is not resolved in a timely and satisfactory manner or if no satisfaction has been given in this respect, the traveller has the option, up to a maximum of three months after the termination of the trip (or after the original date of departure), to submit the dispute in writing to the Disputes Committee for the Travel Industry (â€œGeschillencommissie Reizenâ€), P.O. Box 90600, 2509 LP at The Hague (www.sgc.nl).
The Committee deals exclusively with complaints lodged by natural persons who are not acting in the practise of a profession or in the running of a company.
b. The Disputes Committee reaches a decision under the terms and conditions laid down in the relevant regulations. The advice of the Disputes Committee is binding upon parties. The handling of a dispute is subject to a fee.
c. The committee will not deal with a dispute or will close the case if the travel organiser is granted a suspension of payment, enters into bankruptcy or has ceased de facto business operations before the dispute is dealt with during a hearing of the committee and the committee has reached a verdict.
2. a. Any contracts agreed, amended or supplemented on the basis of these travel terms and conditions are subject to the law of the Netherlands, unless imperative rules dictate that a different legal system applies.
b. The traveller who does not wish to make use of the binding advisory procedure mentioned in the preceding paragraph has the right to take the matter to the competent court.
These disputes are exclusively subject to the competence of a Dutch court, unless imperative rules dictate that a different court has the authority to deal with them.
c. All right of action lapses one year after the termination of the trip (or, if the trip did not take place, one year after the original date of departure).
ARTICLE 19 - Compliance guarantee
1. The ANVR guarantees that its members will comply with its binding rulings, unless a member chooses to ask the court to rule on the ANVR's binding ruling within two months after the ruling is made known.
The compliance guarantee comes into force once again if the binding ruling is judged by the court to be sound, whereby it acquires the authority of a final decision.
2. The ANVR gives no compliance guarantee if, before the dispute is dealt with during a hearing of the Travel Dispute Committee and the committee has reached a verdict in the case, one of the following situations applies:
- the member has been granted suspension of payment;
- the member has declared bankruptcy;
- the member's de facto business operations have ceased. This situation will be based on the date on which business cessation is entered into the Trade Register or on an earlier date if the ANVR can plausibly demonstrate that business activities stopped at an earlier date.
3. Travellers must submit a written request to the ANVR for the compliance guarantee to take effect (www.anvr.travel).
© Copyright ANVR.
De Meern, September 2008
Chamber of Commerce number: 35029595
GENERAL TERMS AND CONDITIONS OF SENSATION
HAVING ITS REGISTERED OFFICE IN AMSTERDAM, THE NETHERLANDS
REFERRED TO BELOW AS THE â€˜ORGANISATION'
1. The Organisation is a private limited company under Dutch law having its registered office in Amsterdam It is the organiser of various events that are held at its risk and expense under various names, to be referred to below as the â€˜Event' or the â€˜Events'.
2. These Terms and Conditions govern all admission tickets and thus form an integral part of all agreements with respect to the sale, grant and supply of admission tickets to the Events, wherever and at whatever location they may have been held or will be held in the future. By acquiring and/or using an admission ticket and/or by entering the location where the Event is held, the visitor accepts the content of these Terms and Conditions. This provision also applies if the admission ticket is acquired via third parties.
3. Admission to the Event will be granted only upon presentation of a valid admission ticket. Only persons who are 18 years of age or older will be granted admission to the Events. Persons who wish to enter may be requested to show their identification in connection with this age limit, and they must comply if they are requested to do so. Persons under 18 years of age will not be permitted to enter the Event, and the organisation will not be obliged to refund the admission fee. The admission tickets remain the property of the Organisation at all times. The admission tickets to the Event may not be resold to third parties in any manner whatsoever, may not be offered for sale to third parties and may not be provided for or in the context of commercial purposes. If this prohibition is violated, the Organisation will be entitled to refuse entrance to the Event and recover all the ensuing damage from the other party.
4. The Organisation is entitled to search visitors to the Event (or to have them searched) when entering and/or during the Event. A person who refuses to undergo such a search may be prohibited from entering the Event without being entitled to a refund of the admission fee, or may be immediately removed from the Event.
5. Photographic, filming and/or sound and other recording equipment of any type whatsoever, glassware, plastic bottles, drinks, food, drugs, tins, fireworks, weapons and/or dangerous objects (including but not limited to spray cans or CS gas) may not be taken to or retained in one's possession at the place where the Event is held, for oneself or for others, or used before or during the event, on pain of these being confiscated. Confiscated goods will not be returned. In addition, a visitor who violates this prohibition may be denied entrance (or further entrance) without any right to a refund of the entrance fee. Confiscated goods will be destroyed.
6. The Organisation generally reserves the right to deny certain persons entrance (or further entrance) to the Event or to remove them from the place where the Event is being held if it is of the opinion that that is necessary in order to maintain public order and safety during the Event. This provision also applies if the organisation is of the opinion that a visitor is wearing an item of clothing or carrying or wearing a text or sign that the Organisation is of the opinion could be offensive, discriminating or insulting to other visitors, or that could give rise to aggression or unrest among other visitors, and in respect of undressing during the Event (including but not limited to, e.g., a bare upper body).
7. Without prior written permission from the Organisation, the Event may not be recorded in any manner whatsoever, including by means of photographing, filming or making audio and/or visual recordings. In addition, programmes, posters and other printed matter may not be reprinted.
8. Visitors enter the place where the Event is held and attend the Event at their own risk, in which context any liability on the part of the Organisation is in any event at all times limited to the amount that its insurer pays out in respect of the incident in question in connection with damage to persons or costs incurred as a result of the aforementioned entry or attendance, such as but not limited to hearing disturbance, visual disturbance and other physical disturbances or damage to the visitor's goods due to any cause whatsoever, including damage caused by the actions of other visitors, actions on the part of the Organisation, its personnel and/or third parties it engages, unless the damage is caused by a gross, intentional act or omission or conscious recklessness on the part of the Organisation or its management. The visitor is explicitly aware that loud music will be played during the event. The Organisation advises the visitors to give their hearing a rest now and then during the Event by moving to a space where no music is being played.
9. The Organisation will attempt to ensure that the Event's programme follows the announced schedule to every extent possible. However, it is not liable for variations in the schedule or for damage sustained by visitors and/or third parties as a result.
10. The Organisation is not liable for the content of the programme or the manner in which it is carried out, explicitly including the length of the programme.
11. Visitors to the Event are obliged to comply with the rules and regulations and/or changes to them and the instructions given by the Organisation, the operators of the place where the Even is being held, the security personnel, the fire brigade, the police or other authorised persons. Visitors who violate an order or prohibition will be removed immediately by the security personnel.
12. In the event of a case of force majeure in the broadest sense of the term, including in this respect illness and/or cancellation by the artist(s), strikes, fire, bad weather conditions, etc., the Organisation will be entitled to postpone the Event to another date or to hold it at another location, or to cancel the Event. The Organisation is not liable for any damage caused by cancellation or postponement as referred to above. The Organisation will publicise the postponement or cancellation of the Event to every extent possible in a manner that it deems appropriate.
13. The Organisation will refund the entrance fee, but not the ticket office fee/service charges, to visitors at their request only in the event of cancellation. However, a refund will be paid after a reasonable period of time only upon presentation of a valid entrance ticket after the date on which the Event that has been cancelled would have been held, in the manner and via the channels indicated by the Organisation.
14. The Organisation is authorised to make audio and/or visual recordings (or to have such recordings made) of the Event and the visitors to the event and to duplicate and publish those recordings (or have to them published) in any manner whatsoever. By acquiring an admission ticket to the Event and/or by entering the location where the Event is held, the visitor grants unconditional consent for such recordings to be made, edited, published and exploited, all in the broadest sense of the words, without that giving rise to any obligation on the part of the Organisation or any companies affiliated with that company to pay the visitor any form of compensation. The visitor hereby irrevocably waives any interest that he or she could have in respect of the above-mentioned recordings. Insofar as any neighbouring right and/or copyright and/or portrait right vests in the visitor in respect of the above-mentioned recordings, he or she hereby transfers such rights to the Organisation without any limitation and he or she hereby irrevocably waives his or her personality rights, or in any event he or she will not invoke them.
15. Smoking is only permitted in the designated smoking areas. The visitors to the Event are obliged to comply with the regulations and/or any amendments to them and with instructions given by the Organisation, the operators of the location where the event is being held, the security personnel, the fire brigade, the police and other authorised persons. In the event of any violation of an order or prohibition, the visitor will be removed by security personnel immediately and any penalties that are imposed on the Organisation as a result of the visitor's violation will be recovered from the visitor.
16. Pets and other animals may not be taken to the Event.
17. These General Terms and Conditions are governed by Dutch law.