Booking Agreement Terms and Conditions
We are pleased that you have booked a tour with Holland Original Tours – HOT ( a company owned by Kimpany bv, Chambers of Commerce The Hague – Netherlands no.28097206 ) These terms and conditions (the “Agreement”) describe what you are legally entitled to and expect from us when you book your trip through us, in addition to important obligations you make as a customer that affect your legal rights. The terms“we”, “us” and “our” and “HOT” refer to Holland Original Tours. The term “you” “I” “participant” or “customer” refers to the customer booking a reservation through us. Reference to “Suppliers” and “Service Providers” means all third parties who provide services, through us, to you.
Your Acceptance of these Terms and Conditions
By booking your arrangement with us, you are agreeing to be bound by the terms of this Agreement and any additional terms and conditions of any Suppliers that are applicable to your booking and travel arrangements. You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including the payment of all amounts when due.
You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, (c) you being denied access to the applicable travel related product or service, and (d) our right to debit your account for any costs we incur as a result of such violation.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct. You are responsible for informing such other persons of all terms and conditions applicable to their travel arrangements. You understand that you are financially responsible for any use of our services or website by you and those for whom you make bookings.
You acknowledge and agree that we may change these terms and conditions from time to time and that those changes become effective immediately. You agree to be bound by the terms and conditions that are in effect at the time of your travel. You agree that it is your responsibility to be familiar with these terms and conditions and to check back from time to time for any changes.
Reservations and Payments
A deposit of € 500, – per person is required to secure a reservation. We will hold your place(s) for one week pending receipt of your deposit at which time we will mail you a confirmation with trip information. You must make payment for your arrangements in accordance with the instructions we give you. The final payment is due 90 days prior to the departure date. Bookings made less than 90 days before departure must be paid for in full at the time of booking. If we do not receive any payment due in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out below will become payable. We reserve the right to refuse a booking without giving any reason and shall in that event return any deposit received. Reservations are non-transferrable.
A tour booking and corresponding price includes what is communicated offered and agreed. Not included are the cost of travel, lodging etc prior and after the booked Tour.
We advise tour participants to purchase travel , lodging etc prior and after the tour not before confirmation is received from HOT. HOT will never be responsible for expenses made for travel, lodging etc , prior or after the tour in the event a tour is cancelled.
Minimum Number of Participants Required
As is the case for every tour operator, each scheduled tour requires a minimum number of participants to go forward. In the unfortunate event we are not able to reach this minimum, HOT reserves the right to cancel the tour. If HOT cancels a tour because of a lack of participants, HOT will refund full payment; again, HOT is not responsible for expenses incurred by registrants, including but not limited to, airline tickets, pre/post-tour hotel reservations and other transportation and expenses. As such, HOT encourages all tour participants to purchase a travel protection/insurance plan.
Cancellation
Notice of cancellation of your trip must be received in writing by HOT. If it becomes necessary for you to cancel your trip, the following fees will apply to canceled trips, computed as of the date of receipt of written cancellation notice:
If cancellation notice is received more than 90 days before departure, all monies will be refunded less a $250 per person cancellation fee. If cancellation notice is received 90 to 30 days before departure, all monies will be refunded less a €500 per person cancellation fee. If cancellation notice is received 30 – 15 days before departure, all monies will be refunded less a €1,000 per person cancellation fee. If cancellation is received less than 15 days no monies will be refunded
In case of a no-show, or departure from a trip already in progress, no refund for any unused portion of the trip will be issued. Traveler substitutions are considered cancellations and are subject to the above cancellation policy charges. HOT cannot make exceptions to these cancellation policies for any reason, including personal emergencies and/or weather.
Cancellation by HOT
If for any reason HOT cancels your trip, excepting in case of a force majeure, an alternative trip of a similar standard will be offered to you. If this is not acceptable to you, then all monies paid by you to HOT will be refunded. Beyond the trip costs paid to us, HOT is not responsible for any loss or damage that arises out of any cancellation for any reason whatsoever.
Force Majeure
We cannot accept liability, provide any refund, or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any loss, injury, death, inconvenience or damage as a result of circumstances amounting to “force majeure”. “Force majeure” means any event or circumstances which we or the supplier of the services in question could not foresee or avoid. Such events and circumstances may include: acts of God, actual or threatened war, insurrection, riots, strikes, civil action, decisions by governments or governing authority, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers, terrorist activity or the threat thereof, industrial action, natural or nuclear activity, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation, adverse weather conditions, fire and all similar events outside our control.
Accommodations
Prices shown are based on double occupancy. If you would like your own room, there is an additional single supplement charge. A limited number of single rooms are available on all tours, so please call for availability. Be aware that single rooms are often smaller than double rooms even though they cost more per person. If you sign up fewer than 90 days before tour departure, the full single supplement charge will apply. Please understand that many of our hotels charge the same for single and double rooms, especially if the hotel is full.
International Travel and Documentation
By offering reservations for travel in particular international destinations, HOT does not represent or warrant that travel to such areas is advisable or without risk. It is your responsibility to be aware of travel warnings and advisories as announced by your own Foreign Office / State Department. Should you choose to travel to a country that has been issued a travel warning or advisory, HOT will not be liable for damages or losses that result from travel to such destinations.
Such items as passports, medical documentation, vaccines, insurance or anything else that might be required are the responsibility of the traveler. HOT bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.
Health: Recommended inoculations for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.
Travel Protection
We strongly recommend that passengers purchase comprehensive travel insurance that includes coverage for trip Cancellation or Interruption, Cancel for Any Reason, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Such insurance at a minimum should cover your losses sustained as a result of cancellation, medical issues, and repatriation in the event of accident or illness. HOT cannot be held responsible for denied entry if a guest is unable to provide details to authorities of insurance or denial of entry for any reason.
Declining travel insurance could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without insurance, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate insurance coverage, we will not be liable for any of your losses howsoever arising, for which insurance coverage would otherwise have been available.
Non-Responsibility
HOT and its employees, shareholders, representatives, and agents (hereinafter “HOT”) is a tour operator and uses third-party suppliers to arrange hotel accommodations, sightseeing tours , transportation whether by bicycle, car, train, motor coach, steamship, barge, boat or other means. HOT is an independent contractor and is not an employee, agent or representative of any of these suppliers. HOT does not own, manage, operate, supervise, or control any third-party transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your tour. HOT is not affiliated with any other tour operator. All suppliers are independent contractors, and are not agents or employees or representatives of HOT. All tickets, receipts, coupons, and vouchers, and services are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all customers agree that neither HOT, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any tour participant or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of HOT. HOT assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any participant that may result from any act or omission on the part of others; and HOT shall be relieved of any obligations under these terms and conditions, including refund of any monies, in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation.HOT accepts no responsibility for lost or stolen items. HOT reserves the right to refuse any participant or potential participant at its sole discretion.
Additional Risks
Additional risks and dangers may arise including, but not limited to, hazards of travel by train, automobile, motor coach, barge, bicycle, and other means of conveyance, animal interactions, forces of nature, political unrest, other unrest, risks associated with water, food, plants, insects and differing animal regulation, and acts of national and local governments and unrest and acts of others against governments. These risks are not an exhaustive list but are examples of many kinds of risks. You are voluntarily participating in these activities with the knowledge that there are significant dangers involved, and you hereby agree to accept any and all risks. As lawful consideration for the agreement with HOT to participate in such trips and activities you agree you will not make a claim against HOT, its related companies or its personnel or sue for bodily injury, emotional trauma, death, property loss or damage or other loss, cost or expense, however caused, as a result of or related to your contracting for, traveling to or from, or in any and every other way participating in the trip. You release HOT, its related companies and its personnel from any and all claims, known or unknown, arising from contracting for, traveling to or from, and in any and every way participating in a trip. This release of liability and assumption of risk agreement is entered into on behalf of you and all members of your family and party, also including minors. This agreement also binds your heirs, legal representatives and assigns.
Pre-existing Medical Conditions
Trip members are responsible for selecting a trip appropriate to their abilities, communicating any special needs to HOT prior to commencement of the trip, and for being in sufficient good health to undertake the trip without posing a risk to themselves or others. The nature of our type of travel means that each and every participant is responsible for his own judgement on medical and physical health as to whether or not to be capable to participate. HOT can never be hold responsibe on such matters .
Special Dietary Requirements
Special diets should be requested on the HOT booking form; however, it may not be possible for special diets to be catered to in some of the destinations we feature. For safety and liability reasons, HOT and its representatives cannot be responsible for directly accommodating any food allergies, or dietary requirements and restrictions, and is not responsible for any issues or problems associated with the same. We will advise the hotels of your request but we cannot guarantee their availability.
Participant’s Responsibility
Each participant is expected to act responsibly and adhere to all behavior guidelines established by HOT and our local suppliers. We and our local guides and suppliers reserve the right to remove you from any trip if you endanger yourself or others or disrupt the general well-being of the trip itself. In any such case, there will be no refund.
When you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid direct at the time to the accommodation owner or manager or other supplier. You must indemnify us for the full amount of any claim (also including legal costs) made against us. HOT is not responsible for any costs incurred concerning a guest removed from a tour/holiday. Participants agree not to hold HOT or any of its related entities liable for any actions taken under these terms and conditions.
Baggage and personal effects are at all times the sole responsibility of the participant.
Changes to Published Itineraries
HOT reserves the right to make changes to its published itineraries before a booking is made. These changes will be made in the interest of improving the itinerary for the participant. If significant changes have been made, as determined at HOT’s sole discretion, to a published itinerary prior to reserving, the participant will be informed of those changes upon reserving. You will either have the choice of accepting the change of arrangements, accepting an offer of alternative travel arrangements of comparable standard from us if available (we will refund any price difference if the alternative is of a lower value, but these booking terms and conditions will continue to apply to any alternative booking), or cancelling your booked holiday and receiving a full refund for all monies paid. As an example, significant changes do not include change of accommodation to another of the same standard, any change in the itinerary due to holiday or facility closure, any minor itinerary changes where we make a reasonable substitute.
We thoroughly check all the information that is included within our brochures and custom itineraries; however, changes do occur and errors are occasionally made. HOT is not responsible for any typographic or printing error in any brochure, itinerary, confirmation, or related material. You must therefore ensure you check all details of your chosen trip (including the price) with us at the time of booking.
Photographic Release
HOT may take photographs or video of its trips and trip participants. I grant HOT permission to do so and for it to use same for promotional or commercial use without payment of any compensation to participant.
Severability
If any provision of these terms and conditions shall be held unenforceable, such provision shall be struck and the remainder shall remain enforceable.
Jurisdiction and Applicable Law
These Booking Conditions and any agreement to which they apply are governed in all respects by Dutch law only. All guest claims must be submitted in writing and received by HOT no later than thirty (30) days after the completion of the HOT tour/holiday. Guest claims not submitted and received within this time shall be deemed waived and barred.