Like every company, CultureRoad also has general terms and conditions. If you book a trip with us, you agree to the following terms and conditions.
Article 1 – Definitions
Organiser: The retailer who puts together the trip and offers it – whether or not via a reseller. The Organiser is also considered to be the retailer offering the trip if it consists of only one Travel Service and the Terms and Conditions has been declared applicable.
Traveller: any person who enters into or wishes to enter into a Travel Agreement with the Organiser and any person who is entitled to travel on the Foundation of the Agreement;
Travel Service: includes transport, hire of a motor vehicle or motorcycle, accommodation or other services within the meaning of Section 7:500(a) of the Dutch Civil Code.
Travel Service Provider: a service provider who performs a part of the Trip, such as auxiliary parties (accommodation providers/carriers/external guides/etc.) selected by the Organiser.
Agreement: the agreement, including these Terms and Conditions, by which the Organiser agrees to provide the traveller with Travel Services.
In writing: in writing or electronically, including by e-mail.
Terms and Conditions: these general terms and conditions.
Package Travel: a package trip as defined by the EU Package Travel Agreement
Trip: a Package Travel or, if the Terms and Conditions have been declared applicable to it, a Travel Service.
Package Travel Agreement: agreement covering the whole of the Package Travel or, if the Package Travel is provided under separate agreements, all agreements relating to Travel Services forming part of the Package Travel.
Article 2 – Applicability of conditions
2.1 – Package Travel
These Terms and Conditions apply to all Package Travels offered by or agreed with the Organiser and form an inseparable part thereof.
2.2 – Linked travel arrangements
These Terms and Conditions may also apply to Travel Services that are part of a linked travel arrangement. Travel Services that have not been agreed with the Organiser are subject to the terms and conditions of the provider of that Travel Service.
2.3 – Travel Services
These terms and conditions may also apply to stand-alone Travel Services that do not constitute a Package Travel or linked travel arrangement. Title 7a of Book 7 of the Dutch Civil Code, which contains rules on Package Travel Agreement and linked travel arrangements, does not apply in that case. These Travel Services are not subject to protection in the event of the Organiser’s insolvency, unless it is expressly stated in the offer which party provides cover in the event of the Organiser’s insolvency.
2.4 – Deviating and additional conditions
Deviating and additional conditions must be agreed in writing in advance in a separate agreement. Deviating provisions in the separate agreement take precedence over these Terms and Conditions.
Article 3 – Formation of the Agreement
3.1 – Content of the offer
The Trip offered includes the services and facilities expressly described in the Organiser’s offers and publications. The content of the offer is determined solely on the foundation of the information provided by or on behalf of the Organiser. Information in publications of Travel Service Providers is not part of the offer, regardless of whether a link to it is included in the Organiser’s offer. The stated duration of travel is indicated in whole days, with the day of departure and arrival counted as whole days.
3.2 – Offer without obligation
All quotations and offers made by the Organiser are without obligation and can in all cases be revoked by the Organiser after acceptance of the booking, until 5 p.m. on the next working day (Mon-Fri), at the Organiser’s discretion. This shall also apply if the Traveller has received an automatic confirmation of receipt of the booking.
3.3 – Realisation of the Agreement
The Agreement is concluded by the acceptance by the Traveller of the Organiser’s offer.
3.4 – Manifest errors
Obvious errors in the offer do not bind the Organiser. This may include the offered price, the content of the services offered or other information which, in view of all the circumstances, the Traveller could not reasonably assume that the Organiser had intended. If there is reason to doubt the correctness of the price or information, the Traveller must enquire prior to entering into the Agreement.
3.5 – Special preferences
If the Traveller indicates certain preferences before or at the time of entering into the Agreement, rights may only be derived from these preferences to the extent that these preferences have been accepted as a special wish, by means of a written undertaking from the Organiser to the Traveller that the preference will be granted. The mere mention of a preference on travel documents and the booking confirmation is insufficient for this purpose.
3.6 – Special requirements
If, at the latest when entering into the Agreement, the Traveller makes known requirements in relation to a medical condition or because of other important interests known to the Organiser as a ‘requirement’, this shall be regarded as a suspensive condition for the formation of the Agreement. The Organiser must reject or confirm the ‘requirement’ within a reasonable period of time and ensure that it is met. A period of 7 days is considered reasonable in any case. If the Organiser rejects the requirement, no Agreement will be concluded. If the Organiser confirms the ‘requirement’, the Agreement will be concluded by the sending of a confirmation. If there are additional costs associated with the requirements and these are known, the Organiser will provide a new offer to the Traveller.
3.7 – Confirmation of receipt of booking
If acceptance of the offer by the Traveller is done electronically, the Organiser shall confirm receipt of the acceptance sent by the Traveller.
3.8 – Confirmation of booking
Immediately after booking the trip, the Organiser will send a booking confirmation with or without a (down payment) invoice.
3.9 – Revocation by traveller
The booking of the Trip is final. The Traveller has no right to revoke the Agreement.
3.10 – Minors
The Traveller who books the trip must be of legal age. If a minor (<18 years of age) travels without the legal guardian of the minor, the legal guardian of the said minor must send a signed statement of consent within 7 days of booking. In this case, contrary to paragraph 3 [Conclusion of Agreement] of this article, the Agreement will only be definitively concluded after receipt of this statement by the Organiser.
3.11 – Bookings for other Travellers & Communication
A Traveller who enters into an Agreement on behalf of, or for the benefit of one or more other Traveller(s), shall be jointly and severally liable for all obligations arising therefrom. The other Travellers (within the Agreement) shall each be liable for their own part. The confirmation, the invoice, the travel documents and all other communications shall only be sent to the Traveller making the booking. The Traveller who books the Trip on behalf of or for the benefit of others is obliged – with the permission of that person – to disclose relevant personal circumstances of the other Travellers which may affect the implementation of the Agreement at the time of registration. A Traveller booking the Trip on behalf of or for the benefit of others is obliged to provide these Terms and Conditions and other relevant communications to such other Travellers.
Article 4 – Information by the Organiser
4.1 – Travel sum
Prices quoted are per person, unless explicitly stated otherwise. The offered travel sum includes all known unavoidable additional costs, unless the costs cannot be included in the travel sum or are not yet known. In that case, these costs or the nature of the costs will be stated clearly and near the travel sum. If the travel sum is age-dependent, the age on the first day of the Trip will be used.
4.2 – Information by the Organiser after booking
When concluding the Agreement or immediately thereafter, the Organiser shall provide the Traveller with the Agreement including the Traveller’s accepted special requirements and general information regarding the necessary travel documents (passports, visas, etc.) and any health formalities and other information required by law.
4.3 – Information by the Organiser for the Trip
In a reasonable time before the start of the Trip and no later than when the travel documents are provided, the Traveller shall receive comprehensive information on the Trip booked, including information on the scheduled departure times, the check-in time, the scheduled stops and arrivals and, where applicable, the name of the air carrier operating the air transport Travel Service.
4.4 – Travel documents
The Traveller must have the necessary travel documents, such as passports, visas, vaccination certificates, etc., at full disposal throughout the entire Trip. In addition, the Traveller must make known to the relevant government authorities for destinations where the authorities consider necessary. In view of the great importance of this, the Traveller must check the general information provided by the Organiser with the relevant authorities and institutions for applicability, completeness and topicality. Prior to booking the trip, the Traveller must verify whether there is sufficient time to obtain the necessary travel documents in connection with the possible long processing time of an application for travel documents and, in particular, any required visa. If the Traveller is unable to make the Trip or cannot make it in full due to the absence of valid, complete and correct travel documents, the costs arising therefrom shall be borne entirely by the Traveller.
4.5 – Travel Transport documents
The travel transport documents (transport tickets, vouchers, etc.) shall be sent to the Traveller in good time and no later than 7 days prior to departure, unless the invoice has not yet been paid in full. If the Traveller has not received the travel transport documents 5 days prior to departure, the Traveller must immediately inform the Organiser. Final departure and arrival times shall be stated in the travel transport documents.
4.6 – Information about insurance
Prior to concluding the Agreement, the Organiser will provide the Traveller with information about the possibility of taking out cancellation insurance and travel insurance. The Organiser may require such insurance, provided that the Traveller has been informed of this in writing prior to the conclusion of the Agreement.
Article 5 – Information by the Traveller
5.1 – Relevant information of the Traveller(s)
Prior to or at the time of concluding the Agreement, the Traveller making the booking shall provide all information relevant to the Trip of himself or herself and the other Travellers notified by him or her. This relates in particular to information about the Travellers or the composition of the group if this may affect the health or safety of the Traveller or others during the Trip. If the information provided is incorrect or incomplete, this may result in the Traveller (or the whole group with the same booking) being excluded from participation by the Organiser or the Travel Service Providers. In that case, the Traveller shall owe the cancellation costs in accordance with Article 9 paragraph 2 [cancellation costs]. Other resulting costs shall also be payable by the Traveller.
5.2 – Reduced mobility, pregnant women, unaccompanied minors and illness
Travellers with reduced mobility and their companions, pregnant women, unaccompanied minors and Travellers with an illness that may affect the execution of the Trip must report this to the Organiser at the time of entering into the Agreement, or in any case as soon as possible after the Traveller becomes aware of it, in connection with any consequences for the Trip and in particular air transport. The Traveller must verify with the carrier whether a medical certificate is required in order to be allowed to travel.
Article 6 – Payment
6.1 – Down payment
After conclusion of the Agreement, 100% of the travel sum must be paid within 10 days after receipt of the down payment invoice. The deposit can be paid in two equal parts, where each part is 50% of the total travel sum. If flight tickets are included, the full amount of the flight tickets plus 100% of the travel sum of the remaining part of the trip must be paid as deposit.
6.2 – Residual payment
The remainder of the travel sum must be paid no later than 8 weeks before the commencement date of the Trip. If the Agreement is concluded within eight weeks of the commencement date of the Trip, the full travel sum must be paid immediately and in any event before the commencement of the Trip.
6.3 – Absenteeism and interest
If the Traveller fails to pay within the period referred to above in 6.1 and 6.2 or that stated on the invoice, the Traveller shall be in default without any further notice of default being required, and shall owe all legal interests on the outstanding amount as of that date.
6.4 – Collection costs
The Traveller shall be obliged to pay the extrajudicial collection costs if the Traveller is unsuccessfully summoned to pay within a period of fourteen days, commencing the day after the reminder is received, stating the consequences of the failure to pay, including the exact collection costs claimed. The extrajudicial collection costs amount to 15% of the amount claimed up to €2500, 10% over the subsequent €2500, 5% over the subsequent €5000 and 1% over the excess, with a minimum of €40.
6.5 – Further consequences of non-payment
If the Traveller is in default, the Organiser may suspend the sending of all travel documents (except passport) or travel transport documents without further notice, until full payment has been received. If payment is still not made after reminder or if payment has not been made before the commencement of the trip, the Organiser shall be entitled to exclude the Traveller from participation. The obligation to pay shall remain in force. Instead of excluding the Traveller from participation, the Organiser may decide to cancel the Agreement and charge the Traveller for the cancellation costs owed. The provisions of this paragraph are without prejudice to other rights of the Organiser.
Article 7 – Substitution
7.1 – Conditions and notification
A Traveller may transfer the Trip to another person who meets the requirements of all the conditions attached to the Trip. The Traveller shall request the Organiser to replace the person no later than 14 days prior to commencement of the Trip, or at least with due observance of a reasonable period of time within which the necessary actions can be carried out. Transfer shall only be possible insofar as the conditions of the Travel Service Providers concerned permit this. If flight tickets are part of the Trip, transfer of the flight tickets is generally not possible. Transfer of the entire trip is then generally only possible if – at the Traveller’s expense – a new airline ticket is booked for the replacement Traveller.
7.2 – Joint and several liability and additional costs
The Traveller and the person taking over the Trip shall be jointly and severally liable for the payment of the amount still due and for any additional reimbursements, surcharges and other costs arising from the substitution, including alteration costs.
Article 8 – Modification by the Traveller
8.1 – Amendment
The Traveller who has booked the Trip may request the Organiser in Writing to amend the Agreement. The Organiser is not obliged to do so. The Organiser will inform the Traveller of the new travel sum. If the Traveller agrees to the costs of the amendment, the new travel sum and amendment costs shall be payable. If the new travel sum is lower than the original travel sum, the difference shall be set off against the amendment costs owed.
8.2 – Adjustment of departure date or number of Travellers
A request to change the departure date does not constitute a change, but a cancellation. A reduction in the number of paying Travellers does not constitute a change, but a partial cancellation. This is subject to the cancellation conditions set out in Article 9 paragraph 2 [cancellation fee].
Article 9 – Cancellation by the Traveller
9.1 – Cancellation
The Traveller may terminate the Agreement at any time prior to commencement of the Trip. Notice of termination must be given in Writing. The date on which the written notice of termination is received by the Organiser shall apply as the date of termination. In the event of receipt after 5 p.m. (CET) or over the weekend, the next working day (Mon-Fri) will be regarded as the date of receipt.
9.2 – Cancellation fee
If a flight is included in the Trip, the following amounts shall be due upon cancellation by the Traveller:
a. up to and including 60 days before the day of departure: the cancellation costs of the flight + 250 euros of the remaining part of the travel sum;
b. from 59 days up to and including 36 days before the day of departure: the cancellation costs of the flight + 50% of the remaining part of the travel sum;
c. from 35 days up to and including 0 days before the day of departure: the cancellation costs of the flight + 100% of the remaining part of the travel sum;
If no flight is included, the Traveller shall owe the following amounts:
a. up to and including 60 days prior to the day of departure: 250 euros of the travel sum;
b. from 59 days up to and including 36 days prior to the day of departure: 50% of the travel sum;
c. from 35 days up to and including 0 days prior to the day of departure: 100% of the travel sum;
Article 10 – Price change
10.1 – Price change
The Organiser may reserve the right in the Agreement to increase or change the cost of travel in respect of Agreements already entered into, up to 20 days prior to the day of departure, as a result of price changes in the cost of fuel or other energy sources, taxes or fees from third parties not directly involved in the performance of the Trip and/or exchange rates. The price revision method must be known before booking and is part of the Agreement.
10.2 – Termination by the Traveller
If the increase amounts to more than 8% of the travel sum, the Traveller shall be given the choice to terminate the Agreement. In that case, the Traveller shall be entitled to immediate repayment of the amounts paid. The Organiser shall give the Traveller a reasonable period within which Traveller must notify in writing whether he wishes to terminate the Agreement. If the Agreement is not terminated within the set period, the price increase shall be deemed to have been accepted and the right to terminate shall lapse.
10.3 – Price reduction
If the right to increase or change prices has been stipulated, the Traveller shall, where applicable, be entitled to request a price reduction in accordance with the price revision method. An administration fee of 30 euros shall be withheld from the amount to which the Traveller is entitled on the foundation of any price reduction.
Article 11 – Modification by the Organiser
11.1 – Minor Changes
The Organiser is entitled to unilaterally amend the Agreement prior to the commencement of the Trip insofar as it concerns non-drastic amendments. The Traveller will be informed of this in Writing and in a clear manner.
11.2 – Major Changes
If necessary, the Organiser may substantially amend the main features of the Agreement prior to commencement of the Trip. This also includes offering an alternative Trip of at least the same quality if reasonably possible. In that case, the Traveller may accept the amendment or terminate the Agreement without payment of cancellation costs.
11.3 – Change in an agreed special requirement
If the Organiser cannot, or cannot with reasonable effort, comply with an agreed special requirement of the Traveller, the Organiser may amend the Trip in this section. In that case, the Traveller may accept the amendment or terminate the Agreement without payment of cancellation costs.
11.4 – Term
In the event of major changes, the Organiser shall allow the Traveller a reasonable period within which the Traveller must notify the Organiser in Writing whether he is terminating the Agreement. If the Agreement is not terminated within the set period, the amendment shall be deemed to have been accepted and the right to terminate shall lapse.
11.5 – Price reduction
If the change results in a reduction in the quality or cost of the Trip, the Traveller shall be entitled to an appropriate price reduction.
11.6 – Notification
In the event of major changes, the Organiser shall inform the Traveller immediately of:
– the changes,
– the reasonable period within which the Traveller must notify the Organiser in writing of his decision whether to terminate the Agreement,
– the consequence that if the Traveller does not respond in time, the change shall be deemed to have been accepted and the right to terminate shall lapse.
– if offered, the content of a replacement Trip or the amount of the appropriate price reduction.
11.7 – Reimbursement of travel sum paid
If the Traveller terminates the Agreement pursuant to this article, the travel sum already paid shall be refunded to the Traveller immediately and at the latest within 14 days.
11.8 – Compensation in the event of rejection of the amendment
If the Trip is terminated and the cause of the change is attributable to the Organiser, the Organiser shall offer the Traveller appropriate compensation. If the Trip is terminated and the cause of the change is to be attributed to the Traveller, the Traveller shall be liable for the resulting damages. If the Trip is terminated and the cause of the change cannot be attributed to either the Traveller or the Organiser, the parties shall each bear their own damages.
Article 12 – Termination by the Organiser
12.1 – Termination
The Organiser may terminate the Agreement prior to commencement of the trip and reimburse the Traveller for all amounts paid for the trip without being liable to pay compensation:
a. if the number of total Travellers of the Trip is less than the minimum number specified in the Agreement and the Traveller is notified of the termination within the period specified in the Agreement, but no later than the period specified in the Agreement:
– 20 days before the start of the Trip for a Trip of 6 days or more.
– 7 days before the start of the Trip for a Trip of 2 to 6 days.
– 48 hours before the start of the Trip for a Trip of less than 2 days.
b. in case of force majeure, which shall mean unavoidable and exceptional circumstances.
12.2 – Reimbursement of travel sum paid
In the above cases set out in 12.1(a) and 12.1(b), the Organiser shall reimburse amounts already received without delay and at the latest within 14 days. No reimbursement will be made for costs incurred by the Traveller for services outside the Agreement such as vaccinations, visas, purchase of equipment, insurances and, if not included in the Trip, air travel, tickets, accommodation, etc.
12.3 – Termination through the Traveller’s fault
In the event that the Traveller does not comply with pre-set participation requirements or if incorrect or incomplete information about experience, skills, physical or mental condition or other relevant information is provided by or on behalf of the Traveller, the Organiser is entitled to terminate the Agreement. This shall not affect any other rights of the Organiser.
Implementation of the Trip
Article 13 – Responsibility
13.1 – Proper implementation of the Trip
The Organiser is responsible for the performance of the Travel Services covered by the Agreement, whether such Travel Services are performed by the Organiser itself or by any other Travel Service Provider.
13.2 – Changes in itinerary and travel times
The Organiser will inform the Traveller about changes in the itinerary or travel times. If the Organiser is not aware of the residential address of the Traveller, the Traveller will only be informed by email or by mobile telephone number that are known to the Organiser.
Article 14 – Conformity & non-conformity
14.1 – Conformity
The Organiser must implement the Agreement in accordance with the Traveller’s reasonable expectations based on the publications, the Agreement and the circumstances at the travel destinations.
14.2 – Travellers’ duty of complaint
The Traveller shall immediately notify the Travel Service Provider and the Organiser, in accordance with Article 18 [complaints], of a non-conformity detected by the Traveller during the performance of a Travel Service included in the Agreement.
14.3 – Solution by the Organiser
The Organiser shall ensure that the reported non-conformity is solved. The non-conformity need not be solved if it is impossible or if the resolution involves disproportionately high costs taking into account the degree of non-conformity and the value of the relevant Travel Services.
14.4 – Solution by the Traveller
If the non-conformity is not solved within a reasonable period set by the Traveller, the Traveller may solve the non-conformity himself and request reimbursement of the expenses.
14.5 – Alternative Trip
If a substantial part of the Travel Services cannot be performed as set out in the Agreement, the Organiser will offer a suitable alternative at no additional cost to the Traveller. The Traveller shall be entitled to a price reduction if the alternative is of lower quality. The Traveller may only reject the alternative offered if it is not comparable or if the price reduction is insufficient.
14.6 – Termination by the Traveller in the event of significant consequences
If the non-conformity has significant consequences for the implementation of the Trip and the Organiser has not solved it within a reasonable period set by the Traveller, the Traveller may terminate the Agreement without payment of cancellation costs. If the Agreement also includes transport from country of origin, the Organiser shall also provide the immediate repatriation of the Traveller with equivalent transport, without additional costs in the event of termination by the Traveller.
14.7 – Price reduction and compensation
In the event of termination pursuant to the previous paragraph [termination with significant consequences] or in the event the Agreement is not terminated and no alternatives have been agreed, the Traveller shall be entitled to appropriate price reduction and appropriate compensation.
14.8 – Conditions for price reduction
If the Traveller is entitled to an appropriate price reduction, this shall only apply for the period in which there was non-conformity. Under no circumstances shall the Traveller be entitled to a price reduction insofar as the non-conformity is attributable to the Traveller.
Article 15 – Assistance and support
15.1 – Compulsory assistance
The Organiser shall provide immediate assistance to the Traveller if the Traveller is in difficulty, in particular by providing available information on medical services, local authorities and consular assistance, and by assisting the Traveller in establishing communication and in finding alternative travel arrangements.
15.2 – Costs
The Organiser shall charge a reasonable fee for the assistance if the difficulties are due to intent or negligence on the part of the Traveller.
Article 16 – Liability, compensation & exoneration
16.1 – Compensation
Compensation includes both damages suffered and compensation for lost travel enjoyment.
16.2 – Attribution & force majeure
Under no circumstances shall the Traveller be entitled to compensation for damages incurred by the Traveller as a result of non-conformity, insofar as the non-conformity can be attributed to:
a. the Traveller;
b. third parties who are not directly involved in the execution of the Agreement and the non-conformity could not be foreseen or prevented;
c. unavoidable and extraordinary circumstances.
16.3 – 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 during the Trip, or if the damage was caused by wilful or negligent acts of the Organiser.
16.4 – Exclusion of liability under Convention or EU Regulation
If the Organiser can be held liable for any damage, including damage resulting from the death or personal injury of the Traveller during the Trip, this liability will in any case be limited or excluded to the limits permitted under the relevant international treaties and/or EU regulations applicable to the individual Travel Services.
16.5 – Insured damage
The Organiser is not liable for any damage suffered by the Traveller that is covered by insurances, such as health, travel or cancellation insurances.
16.6 – Limitation period
Any claim by the Traveller for compensation for damages shall lapse two years after the Trip has taken place or if the Trip did not take place two years after the planned date of commencement.
16.7 – No accumulation of fees
If, because of the same event, compensation or damages are due under international treaties or EU regulations, such as the regulation on air Traveller rights in the event of denied boarding, cancellation or long delay, such compensation or damages shall not accumulate with the compensation or price reduction under this Agreement. The compensation or damages shall be deducted from the compensation or price reduction payable by the Organiser under this Agreement. For the purposes of the above, it does not matter whether the compensation or damages are payable by the Organiser or any Travel Service Provider engaged by it under international treaties or EU regulations.
Article 17 – Traveller’s obligations
17.1 – Behaviour and following of instructions
The Traveller must behave as a reasonable Traveller and is obliged to follow all instructions issued by the Organiser and the Travel Service Providers to ensure the proper execution of the Trip.
17.2 – Consequences of non-compliance – exclusion from participation
In the event of failure to comply with instructions or in the event of a Traveller causing inconvenience, the Organiser or the Travel Service Provider is entitled to deny the Traveller further participation in the Trip or Travel Service in part or in full. In such a case, the Traveller shall not be entitled to a refund of monies. Any further costs incurred as a result shall be at the Traveller’s expense and risk.
17.3 – Warning
Before proceeding to exclusion from participation, the Traveller shall first be given a verbal or written warning. A warning is not required if the Organiser or Travel Service Provider cannot do so immediately, given the circumstances of the case, taking into account the behaviour of the Traveller, the expected chance of improvement of the behaviour, the effect on the Trip and other Travellers, the risk of damage and the safety of Travellers and others.
17.4 – Traveller’s liability
The Traveller shall be liable for damage caused by his mis-conduct, non-compliance with the obligations in this article or damage otherwise attributable to him. The Traveller indemnifies the Organiser against claims from Travel Service Providers or third parties involved in the Trip for damages caused by the Traveller or attributable to him.
17.5 – Check time of return Trip
The Traveller must verify the exact time of departure no later than 24 hours before the scheduled start date of the Trip.
Article 18 – Complaints
18.1 – Information
The Organiser shall provide the contact details of the Organiser in case of emergecy and, where applicable, its’ local representative, before the start of the Trip.
18.2 – Reporting on site
If the Traveller is of the opinion that the Trip is being carried out in a non-conforming manner, he must report this non-conformity immediately , and in any event during the Trip, to the relevant Travel Service Provider, so that the latter can find a solution. If there is a tour guide is on site, the complaint must also be reported to the Travel Service Provider (of the tour guide) without delay. If there is no tour guide on site, the complaint must be clearly reported to the Organiser. This notification can be made by instant messenger, text message, telephone (during office hours, Monday-Friday between 9:00 and 5:00 p.m. (CET)) or e-mail. The Organiser will send the Traveller a confirmation of the notification via the same medium and by e-mail.
18.3 – Communication costs
The costs of the necessary communication with the Organiser shall be borne by the Organiser. As far as possible, the Traveller should limit the costs by using, among other things, internet calls, instant messenger and e-mail.
18.4 – Reporting an unresolved complaint after return
All complaints which, in the Traveller’s opinion, have not been resolved or have not been fully compensated during the Trip, must be submitted to the Organiser in Writing, stating the reasons, at the latest within two months upon the Traveller’s return. The Organiser is obliged to respond with reasons within one month of receipt of the complaint.
18.5 – Consequences of not reporting the non-conformity or complaint or not reporting it in time
Failure to complain in accordance with paragraph 2 [Reporting on site] of this article, or failure to complain in good time, may affect the amount of any price reduction or compensation, unless the interests of the Organiser have not been adversely affected by the failure to complain in good time. Complaints which are not received on time after their return will not be dealt with, unless this is unreasonable in the circumstances of the case.
Article 19 – Other provisions
19.1 – Third party rights
Subordinates, assistants and other third parties involved in the performance of the Agreement may invoke the provisions of the Agreement and these Terms and Conditions (including the exclusions of liability) vis-à-vis the Traveller.
19.2 – Replacement provisions
If mandatory law interferes with the validity of a provision in these Terms and Conditions or if a provision is nullified, that provision shall be deemed to have been converted into a valid provision that is as close as possible to the original intention in terms of content and purpose.
19.3 – Applicable law
The offer, the Agreement and the execution of the Agreement are exclusively governed by Dutch law. Without prejudice to this choice of law, a consumer is entitled to the protection afforded by the mandatory law of the country in which he is domiciled if the Organiser directs the commercial activities (including advertising) relating to the agreed Trip to the country in which the consumer is domiciled, unless the services are not provided wholly or partly in that country.
19.4 – Competent judge
The Dutch court has exclusive jurisdiction, unless this is contrary to mandatory law. In the event of uncertainty, the Dutch version of the General Terms and Conditions will prevail.
Article 20 – Travel guarantee scheme appendix
20.1 – STO Garant
All offered trips fall under the STO Garant, unless stated otherwise. You can find the conditions of this guarantee scheme on the website of STO Garant.
20.2 – Guarantee scheme STO Garant
To comply with the legally required warranty, the Organiser uses STO Garant. You can check this via the STO Garant participants page. All information about STO Garant can be found on www.sto-garant.nl.
With every (travel) offer from the Organiser (CultureRoad) it is clearly stated whether the guarantee of STO Garant applies. You can read what the guarantee means and which conditions apply in the guarantee scheme. You can find this guarantee scheme on the website of STO Garant. If STO Garant’s guarantee applies to your booking, you will not pay the travel sum to the Organiser, but to the trust account of Stichting Derdengelden Certo Escrow, a payment service provider registered with De Nederlandsche Bank (DNB) and the Netherlands Authority for the Financial Markets (AFM). Stichting Derdengelden guarantees your travel sum until the end of your booking. If services are not provided (in full and/or on time) due to the financial insolvency of the Organiser, STO Garant will carry out the guarantee. In the guarantee scheme you can read how you can make a claim in that case.
20.3 – Take Over Foundation (STO Garant)
In case of bankruptcy of the Organiser, the STO Garant will ensure, depending on which stage of the trip the customer is at, that the customer gets his money back, can continue the Trip or -if the travel agreement includes the outward and return trip- can travel home.
20.4 – Suspension of payment or bankruptcy of Organiser
If the Organiser does not enter into a moratorium or goes bankrupt before the end of your Trip, the Traveller’s money will be released to the Organiser 1 day after the end of the Trip. If the Organiser is granted a moratorium or goes bankrupt before the end of the Trip, the travel monies will go to STO. This will prevent creditors from being able to claim Traveller’s money. If the Traveller has not yet commenced the Trip, the paid travel sum will be refunded to the Traveller. If Traveller is already on the Trip, STO Garant will ensure that Traveller receives the rightful part of the travel sum back, the Trip is completed or – if the travel agreement includes the outward and return trip – that Traveller can return home.
Article 21 – Risks appendix
21.1 – Risks during the Organiser’s trips
Some of our destinations involve risks that are greater than can be expected with an average tour. If a Traveller books a Trip with the Organiser, the Traveller accepts that with the type of tours the Organiser offers, the circumstances are different than in most Western countries on all possible aspects of travelling. When booking the Trip, the Traveller accepts that the Organiser may demand some flexibility from the Travellers during the Trip.
21.2 – Safety
The Organiser assumes that, before and during the Trip, the Traveller is aware of the situation in his Travel destination and that the Traveller accepts the associated risks. After booking, the Organiser obliges the Traveller to take out the appropriate insurance and to make himself known to the appropriate authorities (such as the nearest embassies) (see Article 4, paragraph 4 of this agreement). Of course, the Organiser will always ensure that risks during the Trip are kept to a minimum.
21.2 – Local legislation
Everyone must also comply with local legislation at all times. The local tour guide always has the last word.
Article 22 – North Korea appendix
22.1 – Terms and Conditions of Travel North Korea
The traveller booking a trip to North Korea must meet the following conditions:
– the Traveller does not hold the North Korean nationality
– the Traveller is not a professional journalist or photographer;
– the Traveller does not intend to publish any video or photographic material recorded during the tour after the Trip.
In case of doubt, the Traveller can always contact the Organiser.
22.2 – North Korea Legislation
The Traveller must comply with North Korean laws and regulations during the trip. Violation of these laws has serious consequences for the Organiser, the Organiser’s (business) partners, the originator (the Traveller), the group and our Korean guides. If Traveller violates the law and the violation is detected by local authorities, then Organiser does not assume responsibility for Traveller’s actions and violation of the law. When booking a Trip with the Organiser, the Organiser assumes that the Traveller accepts his responsibility and is aware of and complies with the above.
Article 23 – Addition: changes in the conditions
The Organiser has the right to change the above conditions at any time. The prices on the website are not binding. Only after applying for a booking does the Organiser pass on the final price. This is also related to the choices for transport, among other things. Airplanes and trains can be fully booked. If this is the case, we will let you know as soon as possible. If the Traveller does not complete the tour for any reason whatsoever, the Organiser will not make refunds.
© CultureRoad – 2018
Last update: January 2021