Terms And Conditions
Terms And Conditions
TRAVELIN THE NOW TERMS AND CONDITIONS
Please find below all the information you need for booking with Travelin The Now
“Kindly review the following terms and conditions thoroughly before making any purchase or booking through Travelin the Now. By proceeding with a product purchase or trip reservation, you acknowledge that you have read and comprehended these terms and conditions, as well as any other applicable Travelin the Now policies. In case you’ve booked a Travelin the Now Travel trip or product for multiple travelers under one reservation, you will be considered to have accepted these terms and conditions on behalf of all individuals mentioned in the booking.
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TRAVELIN THE NOW IS AFFILIATED WITH:
1) VZR Garant
In order to meet its statutory obligation to provide a guarantee, Travelin the Now makes use of the guarantee scheme provided by VZR Garant (www.vzr-garant.nl/en). You can check that this is the case by visiting VZR Garant’s website and verifying that the organisation is listed as a participant. VZR Garant’s guarantee applies within the limits of its Guarantee Scheme (which can be found on VZR Garant’s website). The Guarantee Scheme specifies the exact (travel) offering to which VZR Garant’sguarantee applies and what the guarantee entails. If services are not provided due to the financial insolvency of Travelin the Now, you can contact VZR Garant, which has its offices at Torenallee 20, 5617 BC Eindhoven, Netherlands, by sending an email to info@vzr-garant.nl or calling +31 (0)85 130 76 30
2) VVKR
Travelin the Now is a proud member of VvKR, an association where travel experts offer a travel guarantee. This means that once you've booked your vacation, you're protected. In the event of any unforeseen circumstances, if my company were to face financial difficulties, you will receive a refund for your prepaid travel expenses. This assurance allows you to embark on your holiday with peace of mind!
Within VvKR, all travel specialists unite their expertise. These seasoned professionals are dedicated to promoting small-scale tourism and uphold the following principles:
• Commitment and expertise
• Extensive expertise and knowledge
• Travel terms and guarantee scheme
• Traveling with respect for local culture, traditions, and practices
For more information:Â https://www.vvkr.nl/
TERMS AND CONDITIONS
Article 1 - Definitions
Organiser:Â Travelin the Now registered under Chamber of Commerce number:Â 90968948
Traveler:Â any person who wishes to enter into an agreement with the Organizer with respect to a Trip and any person who has the right to travel under the agreement;
Travel Service:Â the services that are part of the trip, such as passenger transportation in Costa Rica, car rental, accommodation and excursions.
Travel Service Provider:Â the service provider that performs any part of the Trip, such as accommodation providers, carriers, external guides, etc..
Agreement: the agreement relating to the booked Trip, including these Terms and Conditions.
Written:Â in writing or by electronic means including by e-mail.
Conditions: these general terms and conditions.
Package Holiday:Â a package holiday within the meaning of the law.
Trip:Â a Package Holiday or, if the Conditions have been declared applicable to it, a single Travel Service.
Working Days:Â Monday through Friday, with the exception of public holidays recognized in the Netherlands, within working hours (9am-17pm Dutch time).
Article 2 - Applicability Of Conditions
2.1 Package Holidays
These Conditions apply to all Package Travel offered by or agreed with the Organizer.
2.2 Travel Services
These terms and conditions may also be declared applicable to Travel Services that do not constitute a package holiday. Title 7a of Book 7 of the Civil Code containing rules on package travel agreements shall not apply in this case. These Travel Services are not protected in the event of the Organizer's insolvency, unless it is expressly stated in the offer which party provides cover and this follows from the guarantee or insurance conditions.
2.3 Divergent and additional conditions
Deviating and additional conditions must be agreed in Writing and take precedence over these Conditions.
THE BOOKING
Article 3 - Conclusion Of The Agreement
3.1 Content Of Offer
The Trip offered includes only the services and facilities expressly described in the Organizer's offer and publications. Information in publications of 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 duration is indicated in whole days, whereby the day of departure and arrival are counted as whole days.
3.2 Non-Binding Offer
The Organizer's offer is non-binding and may be revoked by the Organizer after acceptance until 5 p.m. of the next Working Day.
3.3 The Booking
The Agreement comes into effect as soon as the Traveler accepts the Organizer's offer and subject to availability of the Trip.
3.4 Obvious Errors
Obvious errors in the offer do not bind the Organizer. If there is reason for doubt, the Traveler should make inquiries.
3.5 Preferences
No rights may be derived from preferences submitted by the Traveler, unless the Organizer has confirmed in writing that the preference will be met. The mere mention as preference on travel documents and the booking confirmation is insufficient for this purpose.
3.6 Special Requirements
By booking a trip with us, you certify that you do not have any illness, physical or other conditions that may pose a danger to you, other travelers or that may affect the enjoyment of the trip for anyone else. If you have any illness you should inform Travelin the Now about it. Please note that Travelin the Now cannot guarantee the availability or condition of medical facilities in the countries where our trips take place. As such, it is the responsibility of the traveler to consult with his/her physician regarding any medical conditions before booking a Travelin the Now trip
Participants are advised to verify the latest health requirements with relevant consulates. In addition, participants should bring their own medications, bug spray or other prescribed medications, including allergy medications such as EpiPen.
All costs for medical care, including routine medical care, are the responsibility of the participant.". If the Traveler discloses medical requirements or other compelling interests as a "requirement" to the Organizer at the time of booking, the Organizer will assess whether it can meet them. If the Organizer is unable or unwilling to meet the requirements, the Agreement will not be established. The Organizer may make a price change in connection with the specified requirements.
3.7 Booking Confirmation.
The Organizer will send a booking confirmation after booking the trip and checking availability.
3.8 Revocation By Traveler.
A booking of the Trip is final. The Traveler has no right to revoke the Agreement.
3.9 Minors
The Traveler booking the Trip must be of age.
3.10 Booking for other travellers & CommunicationÂ
The Traveler who books for other Travelers is jointly and severally liable for all obligations arising therefrom. The other Travelers are each liable for their own share. The confirmation, invoice, travel documents and all other communications will be sent only to the Traveler
making the booking. The Traveler booking the Trip for others is required to disclose relevant personal circumstances of those other Travelers at the time of booking. The Traveler booking the Trip for others is obliged to provide those other Travelers with these Terms and Conditions and other relevant communications. The Traveler who books the Trip indemnifies the Organizer for damages resulting from failure to comply with the above obligations.
INFORMATION
Article 4 - Information By The Organizer
4.1 Travel Price
Quoted prices are per person, unless expressly stated otherwise.
4.2 Inofrmation by the Organiser at the time of booking
At the time of booking or immediately afterwards, the Organizer will provide the Agreement to the Traveler including the accepted preferences of the Traveler and information geared to Dutch nationality about the required travel documents (passports, visas, etc.) and any health formalities.
4.3 Travel Documents
The Traveler must have the necessary travel documents, such as passports, visas, vaccination certificates, etc., during the Trip. Given the great importance of these, the Traveler must check with the official authorities that the information is complete and up to date. Before booking the Trip, the Traveler should check whether there is sufficient time to obtain the necessary travel documents. If the Traveler cannot make the Trip or cannot make it in full due to the absence of the appropriate travel documents, the costs will be borne by the Traveler.
4.4 Travel Documents
The travel documents will be sent to the Traveler no later than 7 days before departure, unless the invoice has not yet been paid in full. If the Traveler has not received the travel documents 5 days before departure, the Traveler must notify the Organizer immediately.
4.5 Information On Insurance – Travel Insurance Is Mandatory!
Travel insurance is mandatory for all our travelers and must be purchased at the time of booking from a reputable provider of your choice. Travel insurance must provide coverage for personal accident, death, medical expenses and repatriation .In addition, we strongly recommend that travel insurance include cancellation, coverage for loss of luggage and personal effects. Note. This must often be taken out within a week of booking. To guarantee your participation in the trip, you must email proof of your travel insurance to Traverlin the Now at least two weeks before the trip start date. If you cannot send proof of travel insurance by the specified date, you will not be able to participate in the trip. Please note: Travelin the Now Travel does not offer full or partial refunds for cancellations or delays due to lack of valid proof of travel insurance.
Please note: We would like to emphasize that travelers who wish to participate in adventurous excursions (such as rafting, diving, snorkeling, (bamboo) rafting, canoeing, (water) skiing, (wind) surfing, parasailing, hang gliding, parachuting, ballooning, bungee jumping, canopy tour, canyoning, caving, mountain trekking, zip-lining, sandboarding,
mountain biking, downhill biking and snowboarding) do so at their own risk and that we strongly advise them to check in advance whether their travel insurance covers these activities.
Article 5 - Information By The Traveller
5.1 Relevant Information From The Traveller(S).
Before booking, the booking Traveler shall provide all relevant information about the registered Travelers. In particular, information that may affect the health or safety of the Traveler or others. If the information provided is incorrect or incomplete, the Traveler may be excluded from participation. The Traveler shall then owe the cancellation fee in accordance with Article 9 paragraph 2 [cancellation fee]. Other costs shall also be borne by the Traveler.
5.2 Reduced Mobility, Pregnant Women And Illness
Travelers with reduced mobility and their companions, pregnant women and Travelers with an illness that may affect the Trip must report this to the Organizer at the time of entering into the Agreement or in any case as soon as possible after the Traveler becomes aware of it in connection with possible consequences for the Trip and in particular the air transport. These Travelers must verify themselves with the carrier whether a medical certificate is required in order to travel.
Article 6 - Payment
6.1 Down Payment
The deposit is 20% of the travel sum. The deposit must be received within 14 days of booking.
6.2 Final Payment
The balance of the holiday price must be paid no later than 6 weeks before the start of the trip. If the booking is made within 6 weeks before the start of the Trip, the full travel sum must be paid immediately after booking. In any event, full payment must be received before the start of the Trip.
6.3 Default And Interest
If the Traveler fails to pay within the agreed period, the Traveler will be in default without further notice of default being required and will owe statutory interest on the outstanding amount.
6.4 Collection Costs
The Passenger must pay extrajudicial collection costs if the Passenger has not paid within the deadline for payment set via a Written demand for payment. The extrajudicial collection costs are: 15% of the amount claimed up to €2500, 10% over the next €2500, 5% over the next €5000 and 1% over the excess.
6.5 Further Consequences of Non-Payment
As long as the Traveler has not paid, the Organizer may retain the travel documents. If payment is not made even after reminder or if payment is not made before commencement of the trip, the Organizer may exclude the Traveler from participation. The obligation to pay remains. Instead of excluding the Passenger from participation, the Organizer may cancel the Agreement and charge the Passenger the cancellation fee payable for this as stipulated in [Article 9 paragraph 2].
Article 7 – Relocation
7.1 Conditions And Notification
A Traveler may transfer the Trip to another person. The other person must meet all the conditions attached to the Trip. Transfer is possible only to the extent permitted by the terms and conditions of the Travel Service Provider concerned. If airline tickets are part of the Trip, transfer of the airline tickets is often not possible. Transfer of the Trip is then possible if - at the expense of the Traveler - new airline tickets are booked. The Traveler requests the Organizer no later than 7 days.
Joint and several liability and additional costs
The Traveler and the person taking over the Trip are jointly and severally liable for the payment of the travel price and additional costs resulting from the substitution, including amendment costs.
Article 8 - Amendment At The Request Of The Traveller
8.1 Amendment.
The Traveler who has booked the Trip may request the Organizer to amend the Agreement. The Organizer is not obliged to do so. The Organiser will inform the Traveller of the new travel price. If the Traveler agrees to the costs of the change, the new travel sum and change costs are payable. If the new travel sum is less than the original travel sum, the difference will be set off against the change costs payable.
8.2 Change Of Departure Date
Unless the Organizer indicates a rebooking, the change of departure date constitutes the cancellation of the existing agreement and the creation of a new agreement. The cancellation regime of article 9 [cancellation costs] applies to the cancelled agreement.
Article 9 - Cancellation By The Traveller
9.1 Cancellation
The Traveler may cancel the booking prior to the commencement of the Trip. Cancellation must be made in writing. The date on which the cancellation is received by the Organizer shall count as the time of cancellation. If received after 5 p.m. or outside Business Days, the next Business Day will be considered the date of receipt.
9.2 Cancellation Fee
It may happen after booking that you need to cancel your trip before departure. Travelin the Now will then charge you a cancellation fee. Upon cancellation, each traveler will owe Travelin the Now the following percentage of the trip price*:
a. up to and including 56 days before the day of departure: 20% of the travel sum;
b. from 55 days up to and including 29 days before the day of departure: 50% of the travel sum;
c. from 28 days up to and including 7 days before the day of departure: 75% of the travel sum;
d. from 6 days before departure: 100% of the travel sum
* Definition of travel sum = all components calculated on the invoice excluding Calamity Fund contribution, guarantee fund, regardless of cancellation date.
9.4 Reduction In Number Of Travellers
If within one booking the number of Travellers is reduced, the Organiser may, at his discretion, charge as cancellation costs:
1) the standard cancellation fee mentioned in paragraph 2 of this article, or;
2) the entire travel price of the cancelled person minus the cost savings resulting from the cancellation.
9.5 Cancellation Costs For Cancellation After A Rebooked Trip
It may happen that the Passenger and Organizer rebook the trip to a later date. If the Passenger cancels the rebooked trip, the cancellation costs are at least the amount that would have been due if the cancellation had been made on the date of rebooking.
(Example: 14 days before the start of the original trip, the trip is rebooked to 1 year later. 6 months before the start of the rebooked trip, the traveler cancels because he no longer wishes to travel. The cancellation fee would be 20% of the trip price according to Article 9.2. The cancellation fee would be 75% of the travel sum if cancellation had been made on the date of rebooking. In this case, 75% of the travel sum would be the cancellation fee).
9.6 Travel Credits Issued Out Of Goodwill.
If a Trip is cancelled by the Traveler and a travel credit is issued out of goodwill, (unless other conditions are communicated by the Organizer):
- the travel credit must have been spent within one year after the travel credit is granted.
- the new trip must have commenced within two years of the granting of the travel credit.
- the travel credit is tied to the Traveler and not transferable.
- the travel credit can only be used for the same Trip at a later time.
- If the Trip is more expensive at a later time, the price difference will be charged to the Traveler.
- If the Traveler cancels the Trip booked with a travel credit granted by way of courtesy, the travel credit will expire.
Article 10 - Price Change
10.1 Price Change
The Organiser may increase the fare up to 20 days before the commencement of the Trip as a result of price changes in:
- costs of fuel or other sources of energy, or;
- taxes or fees of third parties not directly involved in the implementation of the Trip. The Organizer may include in the Agreement that up to 20 days prior to the commencement of the Trip it may increase the travel price due to changes in exchange rates. The Agreement must include the method of price recalculation based on the exchange rate.
10.2 Termination By The Traveller
If the price increase is more than 8% of the travel sum, the Traveler may terminate the Agreement and the Traveler will be refunded the travel sum paid.
10.3 Price Reduction
If the right to price increase has been agreed, the Traveler has a corresponding right to price reduction. From the amount to which the Traveler is entitled, 30 euro administrative costs will be deducted.
Article 11 - Modification By The Organizer
11.1 Changes.
The Organizer may unilaterally make minor changes to the Trip before the start of the Trip.
The Traveler will be informed of this.
11.2 Major Changes.
If necessary, the Organizer may make drastic changes to the main features before the start of the Trip. This includes offering an alternative Trip. The Traveler may accept the change or terminate the Agreement without payment of cancellation fees. Upon termination, the travel price paid by the Traveler will be refunded. The Organizer may set the Traveler a reasonable period within which the Traveler must make his choice clear. If the Agreement is not terminated within the specified period, the change will be considered accepted and the right to termination will lapse.
Article 12 - Cancellation By The Organiser
12.1 Cancellation In Connection With Minimum Numbers
The Organiser may cancel the Agreement prior to commencement of the Trip if the number of registrations is less than the minimum number specified in the Agreement and the Traveller is informed, no later than:
- 20 days before the start of the Trip for a Trip of 6 days or more.
- 7 days before the start of the Trip in case of a Trip of 2 to 6 days.
- 48 hours before the start of the Trip for a Trip of less than 2 days.
12.2 Force majeure cancellation
The Organizer may cancel the Agreement prior to the commencement of the Trip if the Organizer cannot perform the Agreement due to unavoidable and extraordinary circumstances.
12.3 Refund Of Travel Sum Paid - No Compensation
In the above cases, the Organizer will refund amounts already received within 14 days and no compensation will be due. Not reimbursed are costs incurred by the Traveler for services outside the Agreement such as vaccinations, visas, purchase of equipment, insurance and if not included in the Trip the air travel, tickets, accommodation, etc.
12.4 Cancellation Through The Fault Of The Traveller
If the Traveler fails to meet predetermined participation requirements or if incorrect or incomplete information about the Traveler has been provided, the Organizer may cancel the Agreement. The Traveler will then be liable for cancellation fees as stipulated in [Article 9 paragraph 2].
EXECUTION OF THE TRIP
Article 13 - Responsibility & Shortcomings
13.1 Proper Execution Of The Trip.
The Organizer is responsible for the performance of the agreed Travel Services, regardless of whether they are performed by the Organizer itself or by another Travel Service Provider. The Organizer must perform the Agreement in accordance with the expectations that the Traveler could reasonably have on the basis of the publications, the Agreement and the circumstances at the travel destinations.
13.2 Changes In Itinerary And Travel Times.
The Organizer will inform the Traveler of changes in the travel schedule. If the Organiser is not aware of the place of stay, the Traveller will only be informed at the e-mail address or cell phone number known to the Organiser.
13.3 Traveller's Obligation To Complain
The Traveler shall immediately notify the Travel Service Provider and the Organizer in line with Article 17 [complaints] of defects or problems in the performance of the Travel Services.
13.4 Solution By The Organiser.
The Organizer shall ensure that shortcomings are remedied. A shortcoming need not be remedied if this is impossible or will involve disproportionately high costs.
13.5 Compensation.
If the shortcoming cannot be resolved, the Organizer (or Travel Service Provider) will consult with the Traveler and may arrange compensation or alternative where appropriate. The Traveler is not entitled to compensation or alternative if the shortcoming is attributable to the Traveler.
Article 14 - Help And Assistance
14.1 Obligatory Assistance
The Organizer shall provide the Traveler with help and assistance if the Traveler is in difficulty, in particular by providing proper information about medical services, local authorities and consular assistance and by helping the Traveler to use remote communications and to find alternative travel arrangements.
14.2 Costs
The Organizer shall charge a reasonable fee for the help and assistance if the difficulties arose due to intent or negligence of the Traveler.
LIABILITY
Article 15 - Attribution, Force Majeure And Liability Exclusions
The Passenger shall not be entitled to compensation for damage incurred by the Passenger as a result of a shortcoming attributable to:
a. the Passenger;
b. third parties not directly involved in the execution of the Agreement and the shortcoming could not be foreseen or prevented, or;
c. unavoidable and extraordinary circumstances.
15.2 Exclusion Of Liability.
Any liability of the Organiser for damage is limited to three times the travel sum, unless the damage results from the death or personal injury of the Traveller or the damage was caused by intentional or negligent acts of the Organiser.
15.3 Exclusion Of Liability Under Treaty Or EU Regulation
If the Organizer is liable for any damages, including damages resulting from the death or personal injury of the Traveler, such liability will be limited or excluded to the limits permitted under the relevant international treaties and/or EU regulations applicable to the individual Travel Services.
15.4 Insured Damages.
The Organizer is not liable for damages covered by insurance policies such as health, travel, event, or cancellation insurance.
15.5 Limitation Period
Any claim by the Traveler for compensation for damages and other claims by the Traveler shall lapse two years after the Trip has taken place. If the Trip did not take place, it shall lapse two years after the scheduled date of commencement.
15.6 Lapse Of Right
Without prejudice to the limitation period and the duty to complain in a timely manner, any claim of the Traveler for compensation for damages shall lapse three years after the commencement date of the Trip.
15.7 No Double Compensation
The Passenger shall not be entitled to double compensation. If the Passenger is entitled to compensation under international treaties or EU regulations, the Passenger will not also receive compensation under this Agreement.
OBLIGATIONS OF THE TRAVELLER
Article 16 - Traveller's Obligations
16.1 Conduct And Following Instructions
The Traveler must behave as a reasonably acting Traveler and is obliged to follow all instructions of the Organizer and the Travel Service Providers.
16.2 Consequences Of Non-Compliance - Exclusion From Participation
In the event of failure to comply with instructions or in the event that a Traveler causes a nuisance, the Organizer/Tourism Service Provider may deny the Traveler further participation in the Trip in part or in full. The Traveler will then not be entitled to a refund of monies. Further costs incurred as a result will be borne by the Traveler.
16.3 Warning
Before the Passenger is excluded from participation, the Passenger will first receive a verbal or written warning. A warning is not required if this is not appropriate given the circumstances.
16.4 Traveller's Liability And Indemnity
The Traveler is liable for damage caused by his conduct, failure to comply with the obligations in this article or damage that is otherwise attributable to him. The Traveler indemnifies the Organizer against claims by Travel Service Providers involved in the Trip, other Travelers or third parties for damage caused by the Traveler or attributable to him.
16.5 Verification Of Time Of Return Trip
The Traveler must verify the exact time of departure no later than 24 hours before the scheduled start of the return trip.
16.6 Formal Health Requirements
The Traveler must meet all health requirements applicable at the destination (and transit countries). Governments may change these requirements unannounced. The consequences of these changes are within the Passenger's sphere of risk.
16.7 Measures By Travel Service Providers.
Travel Service Providers may take all reasonable measures and require the cooperation of Travelers, including to prevent and combat calamities, to limit health risks, to prevent damage or to comply with government regulations. If the measures or instructions are not complied with, the Traveler may be denied the Travel Service and access.
16.8 Use Of Material
The Passenger must treat the materials provided neatly. Upon receipt, the Traveler must check these items and report any defects immediately. The Traveler is liable for damage, loss or theft of the materials provided.
OTHER PROVISIONS
Article 17 - Complaints
17.1 Information
The Organizer shall provide emergency contact details prior to the commencement of the Trip.
17.2 Reporting On Site.
If the Traveler believes that the Trip is not performed properly, he must report the problem or defect immediately to the Travel Service Provider concerned so that it can provide a solution. If tour management of the Organizer is on site, the complaint should also be reported to the tour management immediately. If no tour guide is on site, the complaint should also be reported to the Organizer. This reporting can be done by [Whatsapp, text message, telephone or on Working Days under Dutch office hours (9-17h) also by e-mail].
17.3 Communication Costs
The Traveler must limit any communication costs, among other things, by using Internet calling, WhatsApp and e-mail.
17.4 Report Unresolved Complaint After Return
All complaints which the Traveler believes have not been fully remedied or compensated for during the Trip, must be submitted to the Organizer in Writing with reasons within two months after the Trip.
17.5 Consequences Of Not Reporting The Shortcoming Or Complaint Or Not Reporting It In A Timely Manner
Failure to complain or to complain in a timely manner in accordance with the second paragraph [Report on site] of this article may influence the amount of any compensation, unless the interests of the Organizer are not harmed by the failure to complain on time. Complaints that are not received in time after return will not be processed, unless this is not reasonable in the circumstances of the case.
Article 18 - Other Provisions
18.1 Rights Of Third Parties
Subordinates, assistants and other third parties involved in the execution of the Agreement can rely on the provisions of the Agreement and these Conditions towards the Traveler (with acceptance of the liability exclusions).
18.2 Replacement Provisions
If mandatory law prevents the validity of a variant in these Terms and Conditions if a complex is affected, that complicated variation will be changed to a valid variant that comes as close as possible to the main intention in terms of content and scope.
18.3 Applicable Law
The offer, the Agreement and the execution of the Agreement are exclusively governed by Dutch law, unless this is contrary to mandatory law.
If the consumer resides outside the Netherlands at the time of booking, the following applies: Notwithstanding the choice of law, the consumer is entitled to the protection afforded by the mandatory law of the country of residence if (cumulatively):
- the Organizer directed the commercial activities for the agreed Trip to the country of the consumer's residence, and;
- the agreed travel services are partly or wholly performed in that country.18.4 Competent courtThe court within whose jurisdiction the Organizer's place of business is located will have exclusive jurisdiction to hear disputes concerning the Agreement and related matters, unless this is contrary to mandatory law. The Organizer is also permitted to sue the Traveler in its place of residence.
18.4 Competent Court
The court within whose jurisdiction the place of business of the Organizer is located shall have exclusive jurisdiction to take cognizance of disputes concerning the Agreement and related matters, unless this is contrary to mandatory law. The Organizer is also permitted to sue the Traveler in its place of residence.
