Article 1 Definitions
-In these travel terms and conditions the following definitions apply:
BonaireParadise: the company acting as intermediary between the traveller and travel service provider when entering into a travel agreement.
Travel service provider: a person offering pre-organised trips in his own name to the public or a group of people.
Travel agreement: the agreement involving a travel service provider committing himself to the counter party to provide a pre-organised trip offered by him involving at least a one night stay or a period longer than 24 hours.
Traveller: the counter party of the travel service provider.
Working days: 7 days a week.
Office hours: daily from 10 to 10 CET time
- These travel terms and conditions apply to all travel agreements as well as agreements with regard to trips by means of own transport.
Article 2 Company details:
9685 AH Blauwestad
Tel: 050 820 09 55
Article 3 Realisation and contents of agreement
- The agreement is realised by the traveller accepting the offer of the travel service provider. Acceptance takes place through BonaireParadise.
- The offer of the travel service provider is non-binding and can be revoked if necessary. Revocation needs to be done as soon as possible, though at the latest within 5 (five) office hours after acceptance, without stating a reason. Revocation due to corrections as to the amount calculated is permitted; revocation due to an increase of the amount payable needs to meet the requirements stated in article 4.
- The traveller will submit to the booking agency or travel organiser, prior to or at the latest when entering into the travel agreement, all personal details regarding himself and any persons registered by him when booking, required for entering into and executing the agreement as well as special details and information as to the group of travellers registered by him required by the travel service provider to be able to properly execute the trip. Should he fail to do so, and the result thereof is exclusion by the travel service provider of (further) participation as to the trip of this/these traveller(s) pursuant to article 11, he will be charged the costs mentioned in the said article.
- The person entering into an agreement on behalf of or for another person will be jointly and severally liable for all obligations resulting from that agreement. The (other) traveller(s) is (are) only liable for his (their) own part of the agreement.
- Any requests from the traveller as to changes can be processed in case the travel service provider is willing to accept those changes.
- BonaireParadise will not hold themselves responsible for any pictures, leaflets and other information material provided by the travel service provider. Obvious mistakes and obvious errors will not bind the travel service provider. Such mistakes and errors are mistakes and errors which are or should be obvious from the perspective of an average traveller.
Article 4 Payment
- Upon realisation of the agreement, a 30% deposit of the total agreed amount is required.
- The rest of the amount due needs to have been paid and received by the travel service provider or BonaireParadise at the latest 6 (six) weeks prior to the day of departure. Failing to do so means the traveller is deemed to be in default. Non-payment means the agreement is deemed to have been cancelled and the travel organiser is authorised to charge traveller cancellation costs. In such a case the stipulations of article 8 apply and any paid monies will be offset against cancellation costs.
Article 5 Total amount payable for trip
- The price published is for one person, unless stated otherwise. Services and provisions mentioned in the publication are included in the price.
-The price published is based on prices, exchange rates, levies and taxes as these were known to BonaireParadise at the time the publication was to be printed.
- As long as the total amount due has not been paid yet, the travel service provider is authorised to increase the amount payable up to 20 days prior to the day of departure due to changes in transportation cost, taxes, levies and applicable exchange rates. The travel service provider will indicate in which way the increase has been calculated.
- The traveller has the right to reject the increase of the amount due. However, he has to do so within 3 (three) working days after having received the notification regarding the increase. Should the traveller reject the change in price, the travel service provider is authorised to terminate the agreement. In that case, the traveller is entitled to immediate restitution of already paid monies.
Article 6 Information
- The traveller himself is responsible for obtaining information on passports, visa and any formalities as to health requirements. Should the traveller not be able to take the trip (entirely) due to not having certain (valid) documents, all consequences resulting from this will be at his own expense.
Article 7 Amendments requested by traveller
- After realisation of the agreement the traveller may request amendments. These will be processed when possible and in such case confirmed in writing. Here the condition applies that the traveller will pay the amended total amount, deducting any amounts paid already.
- Also he is obliged to pay € 15.00 per booking for those changes and possible communication costs.
- Postponing the day of departure or reduction in the number of paying passengers is considered (part) termination as to which article 8 applies.
Article 8 Substitution
- In time before the starting date of the trip the traveller can have someone else go in his place. For that substitution the following terms and conditions apply:
the substitute meets all the requirements relating to the agreement, and
the request needs to be submitted at the latest 7 days prior to departure, or in time to make sure the necessary actions and formalities can still be done; and
the terms and conditions of the service providers related to the execution will not go against this substitution.
The notifying party, the traveller and the person substituting him are jointly and severally liable towards the tour organiser for payment of the balance of the amount due, the costs mentioned in article 6 concerning amendments and communication and any extra costs resulting from the substitution.
Article 9 Cancellation by the traveller
- Should an agreement be cancelled by the traveller, each traveller still has to pay cancellation costs next to any booking costs owed:
- In case of cancellation up to 42 days prior to day of departure: 30% of the total amount.
-In case of cancellation from the 42nd to the 28th day prior to the day of departure: 60% of the total amount.
-In case of cancellation from the 28th day to the day of departure: 90% of the total amount due.
-In case of cancellation on the day of departure or later: the total amount due.
-. The cancellation costs will not exceed the total amount due.
-In case the traveller chooses substitution, article 7 will apply.
-As to any additional services like car rental or diving services, different cancellation terms may apply.
- Cancellation of the agreement by one or more of the travellers who have jointly booked accommodation, is considered cancellation of all agreements, so that all travellers are to pay the amounts owed.
- Should the remaining travellers wish so, the agreement and the terms and conditions and costs concerning can remain as they were.
- Cancellation by the traveller will only be processed on working days during office hours. Cancellations done outside these hours are deemed to have been done the following working day.
Article 10 Cancellation/changes by the travel organiser
- The travel service provider is authorised to change the agreed service as to one or more actual points due to serious circumstances. By serious circumstances we mean circumstances of such nature that reasonably can no longer be demanded from the travel service provider to remain bound to the agreement. Should the traveller be held accountable for the cause of the change, he will have to pay for any consequential damage thereof.
In case of termination by the travel service provider, he will reimburse the amount paid for the trip, unless the cancellation is the result of abnormal and unforeseeable circumstances which are beyond the control of the party invoking such and of which the consequences could not have been prevented, despite all precautions.
Article 11 Exclusion and limitations of liability of BonaireParadise
- If the travel service provider is liable towards the traveller for loss of his enjoyment of the trip, the amount for compensation will not exceed the total amount paid for the trip. All the exclusions and/or limitations as to the liability of the travel service provider also apply to the staff members of the travel service provider, BonaireParadise and staff members of BonaireParadise.
- All rights of claim of the traveller will become null and void three months after the trip has ended.
Article 12 Obligations of the traveller
- The traveller(s) is/are required to follow all the instructions that the travel service provider gives to make sure the trip will be successful and he/they are liable for any damage caused by his/their unauthorised behaviour, to be assessed by the standard of behaviour of a correct traveller.
- Each traveller needs to check the exact time of departure at the latest 25 hours prior to the indicated time of departure of the return trip at the travel service provider or appointed staff member of the travel service provider.
-The traveller causing such nuisance or trouble that it impedes a proper completion of the trip to quite an extent, can be excluded from the trip by the travel service provider in case in all fairness it cannot be expected from him to fulfil the agreement. All consequential costs will be at the expense of said traveller.
- The traveller is required to avoid or limit any damage, in particular by observing his notification requirement.
Article 13 Interest and collection costs
- The traveller who has not duly met his payment requirements towards the travel service provider will have to pay statutory interest on the amount still owed. Furthermore he is obliged to reimburse any extrajudicial collection costs, being 15% of the amount claimed, unless this amount cannot cover all the collection work.