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Terms and Conditions Paladares Travel

Conclusion of a contract

A contract comes into existence by (I) the traveler signing the booking form provided by Paladares Travel, (II) the traveler returning such form to Paladares Travel, and (III) a written confirmation of receipt (includes an email confirmation) having been issued by Paladares Travel. The booking form signed by the traveler must be returned to Paladares Travel within 2 working days following receipt of the same form.

Offer

Any offer on the website of Paladares Travel is without any obligation on the part of Paladares Travel, and can be revoked at any time for example in the event that a holiday is fully booked, or there are insufficient participants.

Prices

The prices published are per person, unless otherwise indicated. Only the services and items in the published arrangements are included.
The prices are based on charges, exchange rates, levies and taxes known to Paladares Travel at the time of publication. If changes occur after publication of the price but before the conclusion of the contract, then Paladares Travel will inform the traveler before the contract is concluded, and the price for the holiday will be adjusted accordingly.
In the event any external charges, levies or taxes are imposed on any component of a holiday after the holiday contract has come into existence, Paladares Travel reserves the right to invoice theses charges, levies or taxes (or modifications to these) to the traveler.

Lenght of stay

The length of a holiday arrangement is calculated in days. Arrival and departure dates are included, counting as full days. The times mentioned in your final travel documentation for your travel arrangements are the applicable times.
Structural or incidental modifications to timetables may influence the course and length of your holiday. Paladares Travel is not responsible for any damages resulting from delays, cancellations or changes to transportation or accommodation arrangements that are booked by the traveler him- or herself.

Suitability

Participants in a holiday from Paladares Travel should be in good health and form. Should you have any doubts as to whether a holiday is suitable for you, please contact Paladares Travel in writing (which includes communication via email), and inform Paladares Travel. Should you fail to do this, Paladares Travel may decide to exclude you from participating in the holiday without restitution of the price paid for the holiday.
Paladares Travel requires that you supply your personal details which may be relevant for the realization of the holiday. This includes both physical or mental disabilities as well as other circumstances which may be relevant for a proper realization of your holiday for you or for the other travellers within the group.

Payment

After the conclusion of the contract, Paladares Travel will send you an invoice. A deposit representing 30% of the price for the holiday is required. You are required to pay this amount within 7 days. If for certain holidays a different minimum deposit is required, Paladares Travel will clearly state this. In that event, the required deposit shall be equal to that different amount.
The balance is payable in full no later than 8 weeks before the commencement date. Should a contract be concluded within 8 weeks of the commencement date, then the price is immediately payable in full.

Payment method

The payment to Paladares Travel will be made via regular bank/giro wire transfer to the account number mentioned in the invoice.

Late Payment

In the event of no payment on the due date, Paladares Travel reserves the right, after written request for payment, to cancel the contract with immediate effect. The clauses applying to cancellations by the traveler will be applicable in that event, and the amount already paid will be off-set against applicable cancellation charges.
If the traveler has not complied with his/her financial obligations in a timely manner, he/she will be charged an interest at a rate of 1% per month in respect of the amount due, calculated per month or part of the month. Furthermore the traveler shall be obliged to pay collection fees amounting to 15% of the amount claimed, with a minimum of EUR 50.

Booking on behalf of multiple travelers

A traveler agreeing a holiday contract in the name of or on behalf of other traveler(s) is jointly and severally liable for all obligations ensuing from such contract. Each of the other travelers remains liable for its part. The person referred to in the first sentence of this clause is required to notify Paladares Travel at the time of registration of relevant personal circumstances concerning the other travelers which may affect the holiday (including age, health situation, and disability).

Travel documents

As of the time of commencement of the holiday, the traveler must be in possession of all required travel documents, including (valid) passport, drivers license, visa, vaccination certificates etc. The traveler needs to establish which travel documents he/she requires.
Paladares Travel is not liable in case the traveler cannot participate in the holiday or parts thereof as a result of inadequate travel documents (even if the information was provided by or on behalf of Paladares Travel), or in case the traveler omits to bring along the necessary documents.
Paladares Travel is not liable for any loss, theft, damage or disappearance of any baggage, travel documentation or travel documents.

Minimum number of participants

Many holidays on our website are subject to a minum number of participants. If there are insufficient participants the holiday can not be carried out. In the event of insufficient participation, the final day Paladares Travel can cancel a holiday is 21 days prior to the day the trip is scheduled to commence. (such date itself being excluded)
As a rule, the minimum number of participants will be mentioned within the description of the holiday on the Paladares Travel website.

Travel documentation

Paladares Travel will provide you prior to the commencement of your holiday with the travel documentation. This will consist of information and documentation related to your trip, such as vouchers, hotel information and transfer details.

Customer service and quality control

Notwithstanding all our efforts and care it is still possible that you think you may have a justified complaint. In case you spot an error or omission during your holiday, then we expect you to notify the actual Paladares Travel tour representative immediately.
If the shortcoming was not resolved to your satisfaction and gives rise to a complaint, you must notify the Paladares Travel representative in writing as soon as possible. If the complaint was not resolved satisfactorily, then you must write to us within one month after the end of the holiday. Paladares Travel cannot take group complaints into consideration.
If it appears that you omitted to notify the error or omission on site during your holiday in order to allow Paladares Travel to take remedial steps, then you may have foregone or limited your entitlement to compensation.

Insurances

Travelers are obliged to take out travel and luggage insurance, inclusive of the right of usage of a SOS center. By taking part in the holiday, the traveler confirms to have taken out such insurance.
Paladares Travel is not liable for any damage as a result of the traveler having omitted to take out such insurance, or as a result of the traveler being unable to take out such insurance. It is recommended to take out cancellation insurance.

Traveler’s obligations

The traveler is required to comply with all instructions of Paladares Travel or the Paladares Travel representative or its service provider in order to facilitate a proper realization of the holiday. The traveler is responsible for any damages caused by his/her illegal or otherwise improper actions, to be judged by the standard of conduct of a sensible traveler (taking into account the type and purpose of the holiday).
If a traveler causes nuisance or inconvenience which hampers to a large extent the realization of the holiday, then he/she may be excluded from the holiday by Paladares Travel or the Paladares Travel representative or service provider. All ensuing costs shall be borne by the traveler, in case and to the extent he/she can be blamed for the consequences of the nuisance or inconvenience.

Alterations by the traveler

Until 6 weeks prior to the start date of the holiday the traveler may request an alteration of the contract. If the alteration does not amount to a cancellation and if the suppliers involved in the realization of the holiday consent to the request, the alteration can be implemented.
The alteration fee shall be EUR 50 (excl. VAT) per booking confirmation per alteration, plus any possible additional charges (including communication costs).

Cancellation by the traveler

Cancellation of the holiday contract by the traveler must be done in writing by registered mail. The date of receipt of the request for cancellation counts as date of notification of the cancellation. When cancelling a contract, the traveler is obliged to pay Paladares Travel the following cancellation charges:

  • up to 6 weeks prior to the start date of the holiday (exclusive of the commencement date of the holiday): 30% of the price of the holiday;
  • from 6 weeks up to 4 weeks prior to the start date of the holiday (exclusive of the start date of the holiday): 60% of the price of the holiday;
  • from 4 weeks up to 1 day prior to start date of the holiday: 90% of the price of the holiday;
  • On the commencement date of the holiday 100% of the price of the holiday. This amount will be raised with possible additional communication charges.

The deposit of the price already paid shall be offset against the applicable cancellation charges.

Substitution

A traveler unable to participate in a holiday can be substituted by another suitable person, provided the following conditions are met:

  • the condition of this other person causes no impediment to participate in the holiday;
  • the suppliers involved in the realization of the holiday do not oppose the substitution;
  • a written declaration is received from the substitute, acknowledging he/she has noted the holiday program, the information proved by the tour operator, and the general conditions;
  • the substitute complies with all conditions attached to the holiday contract;
  • Paladares Travel and its suppliers will be reimbursed for any additional cost made for the substitution;
  • the request (inclusive of all necessary information and documentation) is submitted not later than 7 days prior to commencement date of the holiday.

The traveler and the person substituting him/her are liable jointly and severally towards the tour operator for payment of the invoice outstanding in the name of the traveler at the moment of the transfer of the booking and for the possible cost of the substitution.

Application of other cancellation conditions

Should the holiday in whole or in part be outsourced to a third party, being another Dutch tour operator, foreign tour operator, independent tour operator, or accommodation provider, then the cancellation conditions of such third party shall in the first place apply to the relevant holiday or part thereof. If applicable Paladares Travel will further inform you.

Alterations by Paladares Travel

It may be possible that before or during the holiday changes to the travel program may need to be made due to circumstances, such as weather conditions and availability of suppliers and accommodation. Said changes to the holiday arrangements may result in modifications to previously indicated routes, cooking classes, excursions, accommodation and local transportation. In this situation Paladares Travel and its suppliers will offer alternatives which shall as much as possible take account of the nature of the holiday.
The traveler can only reject the alteration if no reasonable alternative is available or if the modification causes considerable inconveniences. Said alterations will not have consequences for the holiday price, unless otherwise agreed, nor will the travelers have a claim for damages against Paladares Travel or its suppliers on these grounds.

Cancellation by Paladares Travel

Paladares Travel reserves the right to cancel the holiday contract without being held liable for any damages in case the number of bookings is smaller than the minimum number mentioned on the website, and the cancellation is made within the relevant notice period, or in case of force majeure which means unusual and unforeseeable circumstances which are outside of Paladares Travel’s control and the consequences of which could not be avoided notwithstanding any precautions made.
For the purposes hereof force majeure includes but shall not be limited to political unrest, war, natural disasters, shortages, general strikes. When determining force majeure, local circumstances at the holiday destination related to the holiday contract must be taken into consideration.

Tour Operator Liability

Paladares Travel is responsible for a proper performance of its obligations ensuing from the holiday contract. Generally known facts in relation to the travel destination need to be taken into account in connection with such performance. The customs, technology levels and the limitations and the standard practices stemming from the holiday destination and the type of holidays offered by Paladares Travel should also be taken into account for the performance of the holiday contract. Paladares Travel is not liable for damages as a result of:

  • shortcomings in the performance of the holiday contract due to circumstances attributable to the traveler;
  • acts or omissions of third parties who are not connected with the performance of the holiday contract;
  • circumstances which are not attributable to Paladares Travel or its suppliers;
  • circumstances which by virtue of the law or the general applicable standards are not applicable to Paladares Travel or its suppliers.

Furthermore, Paladares Travel shall not be liable for:

  • damages for which customary insurance, like travel insurance, luggage insurance, household insurance, health insurance, or trip cancelation insurance normally provides coverage;
  • damages the traveler suffers in connection with the exercise of a profession or occupation (including damages arising from missed connections or delays in arriving on time at the place of destination);
  • any form of consequential damage;
  • damages arising from an act or omittance from a supplier engaged by Paladares Travel (without detracting from the travelers possible right to hold such supplier liable);
  • damage arising from omissions or errors in journalistic publications, texts, photograph’s, brochures and other information material, in so far as these are published under the responsibility of third parties;
  • damages in respect of which it has been stated earlier in these conditions that Paladares Travel is not liable.

Through taking part in the holiday, the traveler certifies to be aware of the normal risks in connection with the type of holiday in which he /she is participating, and certifies to accept these risks and to safeguard Paladares Travel from any liability in this regard.
In the event Paladares Travel would be liable for a lack of holiday enjoyment, then our liability to you for damages suffered can never by higher than the price for the holiday.

Law and jurisdiction

Dutch Law is applicable to contracts between Paladares Travel and the traveler.
Dutch law is applicable to all disputes between Paladares Travel and the traveler.
Solely a Dutch judge is authorized to be noted of these disputes.

Translation

The Dutch text of the General Conditions prevails, the English translation is for information purposes.
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