General Terms and Conditions of TeKihi Tours
ARTICLE 1 – APPLICABILITY
1.1. These terms and conditions apply to all travel agreements between travellers and service providers concluded through TeKihitours. These terms and conditions also apply to all contracts resulting from agreements concluded afterwards between the parties, other activities and pre-contractual legal relationships.
1.2. Where any provision from these terms and conditions is null and void, wholly or in part, or turns out to be invalid for other reasons, this shall not affect the validity of the other provisions.
1.3. Any other provisions and/or derogations from these terms and conditions shall apply only where and insofar as they have been accepted by the travel agent in writing.
ARTICLE 2 – CONCLUSION OF THE TRAVEL AGREEMENT
2.1 A travel agreement is concluded, when the traveller accepts an offer from a tour operator / service provider, by completing in full and signing a registration form. Both in the case of written registration and registration by telephone, the day when the travel agent receives the registration form, completed in full and signed by the traveller, shall be regarded as the day when the travel agreement has been concluded.
2.2 An offer from a tour operator / service provider is without obligation. The tour operator may withdraw the offer on acceptance or immediately thereafter.
2.3 The content of an offer is determined on the basis of the details as published on the website or in other publications issued by the tour operator / service provider. Any apparent mistakes or errors in a publication are not binding on the tour operator. The tour operator does not accept any responsibility for publications such as photos, leaflets and other informative materials, insofar as they have been published under the responsibility of third parties.
2.4. Only in exceptional cases is it possible to deviate from the trips as published. Any desired deviation from or addition to the tour offered by the tour operator / service provider requires the written acceptance from the tour operator / service provider. Any costs incurred by the tour operator / service provider regarding said deviation, such as communication expenses, booking expenses or any other costs related to the deviation, as well as the higher/lower price, shall be charged to the traveller.
2.5. Where, in the case of trips that include transport, the duration of the trip is stated in the publication, the days of departure and arrival are counted as whole days, irrespective of the departure and arrival times. The definitive times are the times stated in the travel documents, not those stated in the publication.
2.6. Incidental or structural changes in the timetables and flight schedules of transport companies may affect the duration of the trip. Without prejudice to claims under any travel and/or cancellation insurance policy affected by the traveller, the traveller shall not be entitled to restitution of part of the cost of the trip where, as a consequence of said changes, the departure times do not deviate from the original times by more than 36 hours. The travel agent shall not be liable for any further damages, under any name (consequential damage, loss in turnover, etc.), which are the consequences of delays due to changes in the timetables and/or flight schedules.
2.7. A person who enters into a travel agreement on behalf of or for the benefit of another person shall be liable severally, together with the (other) traveller(s), for all obligations resulting from the agreement.
2.8. Where the traveller, on concluding the travel agreement, expresses specific preferences as regards the services to be provided by the service provider, such as, for example, the situation of the hotel room, the tour operator shall take into consideration such preference as far as possible. However, no rights may be derived there from, notwithstanding any statements on the travel documents and booking forms.
ARTICLE 3 – PAYMENT
3.1. When concluding the travel agreement, a sum (advance payment) should be paid to the travel agent, which amounts to 20% of the total cost of the trip agreed. Where, in the case of certain trips, the service provider demands a deviating minimum advance payment, the travel agent shall state this in the tour offer or notify the traveller thereof immediately on receipt of the registration form. Insofar as is applicable, the premium due for the cancellation insurance policy must be paid at the same time as the advance payment.
3.2. The remainder of the total cost of the trip agreed must be paid to the travel agent no later than 8 weeks (56 days) prior to the date of departure.
3.3. Where the travel agreement is concluded within 8 weeks (56 days) of the date of departure, the total cost of the trip must be paid to the travel agent within the period stated which shall not exceed 5 working days, unless otherwise agreed in writing.
3.4. Where a tour operator / service provider uses deviating payment conditions for certain trips, this shall be stated in the brochure, on the website or in other tour offers published by the travel agent, or such shall be stated by the travel agent immediately on receipt of the registration form.
3.5. In the event that the traveller fails to pay in time any amount that is due, the traveller shall be in default. Such shall be pointed out to him by the travel agent in writing, after which the traveller shall be given the opportunity to pay the amount due within 7 working days. If the traveller still fails to pay, the agreement shall be considered cancelled as of the date of default. In that case the provisions from article 7 shall apply, and the part of the cost of the trip that has already been paid shall be set off against the cancellation costs.
ARTICLE 4 – COST OF THE TRIP
4.1. The cost of the trip as published is the price per person in New Zealand dollars, unless otherwise stated. It includes the services and provisions as stated in the publication, but excludes the costs charged to the tour operator in connection with money transfers.
4.2. The cost of the trip as published is based on the prices, exchange rates, duties and taxes, as known to the tour operator at the time the publication went to press.
4.3. As long as the cost of the trip has not yet been paid, the tour operator shall reserve the right to increase it up to 20 days prior to departure due to changes in transport costs, including fuel costs, duties payable and/or the relevant exchange rates.
4.4. In consultation with the tour operator, and with the tour operator’s explicit permission in writing, payment may be made in a different currency, provided that the cost of the trip is paid in a single transaction, and that the exchange costs and the costs stated in 4.5 have been added to the amount.
4.5. Any costs paid in connection with money transfers shall not be regarded as payments of (part of) the cost of the trip. Any costs payable by the tour operator to any banking institution or credit card (or other) organisation in connection with any payments received shall be payable by the traveller. Any payments the tour operator receives from the traveller shall be set off against those costs; only when those costs have been paid in full shall they be set off against the principal amount due. In such cases the provisions of article 3.5 shall apply.
ARTICLE 5 – TRAVEL DOCUMENTS AND LUGGAGE
5.1. On his departure and during the trip, the traveller must be in possession of the required documents, such as a valid passport, a visa, vaccination records, a driving licence, etc. The relevant information provided by the tour operator has been collected with the utmost care, but no rights may be derived there from.
5.2. The tour operator shall not be liable where the traveller cannot take part in the trip or parts thereof as a consequence of any inadequacies in his travel documents. All relevant costs shall be payable by the traveller, and the cost of the trip shall not be refunded.
5.3. The required travel documents to be issued by the travel agent shall be made available to the traveller no later than 10 days prior to the day of departure, unless this period must be exceeded for justifiable reasons. A traveller who has not received the required travel documents from the tour operator in good time is obliged to notify the tour operator thereof no later than 7 days prior to departure.
5.4. The tour operator has no liability for the loss of or any damage to luggage or travel documents.
ARTICLE 6 – ALTERATION BY THE TRAVELLER
6.1. The traveller may request the travel agreement to be altered up to 28 days prior to departure, provided that the alteration does not amount to a cancellation, and that the tour operators / service providers involved in the execution of the trip agree to the request.
6.2. The traveller shall be obliged to pay at least EURO 30 per booking in alteration costs, as well as any costs as listed in article 2.4 plus any additional price.
ARTICLE 7 – CANCELLATION BY THE TRAVELLER
7.1. Where a travel agreement is cancelled by the traveller, the following amounts shall be payable for each traveller to the tour operator, without prejudice to the right to claim payment of the damages actually sustained:
- until 56 days prior to departure: 20% of the cost of the trip;
- from 56 to 42 days prior to departure: 30% of the cost of the trip;
- from 42 to 28 days prior to departure: 50% of the cost of the trip;
- from 28 to 14 days prior to departure: 75% of the cost of the trip;
- from 14 to 7 days prior to departure: 90% of the cost of the trip;
- from 7 days prior to departure to the day of departure: 100% of the cost of the trip.
7.2. Where one or several of the travellers are unable to take part in the trip, and the traveller does not / travellers do not qualify for payment of cancellation costs on the basis of a cancellation insurance policy, said traveller(s) may be replaced by another person / other persons, provided that all the following conditions are met:
- athe other person complies / persons comply with all conditions as stipulated in the travel agreement;
- the tour operators / service providers involved in the execution of the trip are not opposed to the replacement;
- the request has been submitted in good time, i.e. no later than 10 days prior to departure, so that the actions and formalities required can still be completed;
- a declaration is received from the other person, stating that he has read and agreed to the travel schedule, the information provided by the travel agent and the general terms and conditions.
7.3. The traveller and the third party/parties replacing the original traveller(s) are liable severally towards the tour operator for the payment of the part of the cost of the trip still outstanding and any additional costs due to the replacement as summed up in article 2.4, and/or the higher price where relevant.
ARTICLE 8 – CANCELLATION AND AMENDMENT OF THE TRAVEL AGREEMENT
8.1. Where a tour operator / service provider cancels the travel agreement, in accordance with article 7:504 BW (Netherlands Civil Code), the tour operator shall notify the traveller immediately in writing.
8.2. Where a tour operator / service provider amends the travel agreement with regard to an essential or a subordinate point, in accordance with article 7:505 BW, the tour operator shall notify the traveller immediately.
ARTICLE 9 – LIABILITY OF THE TOUR OPERATOR
9.1. The tour operator must undertake its activities with the proper care expected of a good supplier, but it does not guarantee / accept any liability for the execution of the obligations resulting from the travel agreement.
9.2. The tour operator rules out any liability, apart from that of own intention or grave error, for any damage that is the consequence of:
- any inadequacy in the execution of the travel agreement due to circumstances that can be attributed to the traveller, including any damages that are the consequence of the traveller’s physical condition;
- any actions and influences by third parties not involved in the execution of the travel agreement;
- any inadequacy in the execution of locally organised excursions booked from third parties;
- any inadequacy in the execution of the agreement on the basis of force majeure. Force majeure refers to abnormal, unforeseen circumstances (political unrest, war, scarcity, natural disasters and strikes), which are independent of the will of the person referring to them, and whose consequences, in spite of all preventative measures, could not have been avoided. Force majeure also includes an event which a travel agent or assisting person could not anticipate or remedy with due regard for all possible care. With regard to establishing force majeure, the particular destination and the local circumstances at the travel destination to which the travel agreement relates shall be considered.
9.3. Insofar as the tour operator can be held responsible towards the traveller, the travel agent’s liability is limited to a maximum of 20% of the cost of the trip attributable to the traveller.
9.4. The tour operator does not accept liability for any damages involving a claim for compensation under a travel and/or cancellation insurance policy or a health insurance policy, or for any damages suffered by the traveller in the context of practising a profession or running a business.
9.5. The tour operator is not responsible for any assurances given by its staff and/or third parties, which identifiably deviate from the conditions stated in these terms and conditions or in the terms and conditions of the service provider responsible, unless such assurances have been confirmed by the travel agent in writing.
9.6. The exclusions and limitations of liability stated in this article also apply in terms of the tour operator’s staff and/or any third parties / assisting persons brought in by the travel agent.
ARTICLE 10 – THE TRAVELLER’S OBLIGATIONS
10.1.The traveller is obliged to observe all instructions aimed at the positive execution of the trip, issued by the tour operator / service provider, or the tour guide, and is liable for any damage caused by his improper behaviour, to be judged by the standards of proper behaviour for travellers.
10.2. In the event that the traveller causes such trouble or inconvenience that his conduct forms a serious obstacle to the proper execution of his trip, the tour operator / service provider, or tour guide may exclude him from taking part in the rest of the trip. All costs incurred as a result thereof shall be payable by the traveller, if and insofar as the consequences of the trouble or inconvenience can be attributed to him.
ARTICLE 11 – INTEREST AND (NON-)LEGAL COLLECTION COSTS
11.1. A traveller who fails to comply with his financial obligation in time shall be liable for 1.5% interest over and above the outstanding amount for each month or part of a month of the delay, commencing on the day when the traveller is in default.
11.2. The traveller shall also be liable to pay non-legal collection costs, equalling 15% of the amount demanded, with a minimum of EURO 77. Moreover, where the traveller fails to pay, he shall be liable to pay all legal costs as agreed.
ARTICLE 12 – COMPLAINTS, APPLICABLE LAW AND COMPETENT COURT
12.1. Any complaints about the reservations made or advice and information given by the tour operator should be submitted to the tour operator, explaining the reasons, in writing within 14 days of the traveller becoming aware of the facts to which the complaint relates, or at least no later than 14 days after his return to the travellers home country.
12.2. Where a complaint is not resolved to the traveller’s satisfaction in time, the traveller may, if required, appeal to the competent Court within a period of one year after the end of the trip.
12.3. All disputes between the tour operator and the traveller, and all obligations resulting there from, are governed by New Zealand law, with the exclusion of any other legal system and/or treaty.
