CONTENTS Travel Conditions Endless Safaris (version 1 January 2022)

Table of Contents

Article 1 – Definitions
Article 2 – Usage
2.1 Package holidays
2.2 Travel services
2.3 Derogations and additional conditions

THE BOOKING

Article 3 – Conclusion of the contract
3.1 Content of the offer
3.2 Non-binding offer
3.3 The booking
3.4 Clear errors
3.5 Preferences
3.6 Special requirements
3.7 Confirmation of the booking
3.8 Cancellation by the traveller
3.9 Travellers under age
3.10 Booking for other travellers & communication

INFORMATION

Article 4 – Information provided by the Organiser
4.1 Tour price
4.2 Information provided by the operator at the time of booking
4.3 Travel documents
4.4 Travel documents
4.5 Insurance information

Article 5 – Information provided by the Traveller

5.1 Relevant information from the traveller
5.2 Limited mobility, pregnancy and illness

BEFORE TRIP

Article 6 – Payment
6.1 Advance payment
6.2 Final payment
6.3 Late payment and interest
6.4 Collection costs
6.5 Other consequences of non-payment

Article 7 – Compensation

7.1 Conditions and notification
7.2 Multiple liability and additional costs

Article 8 – Modification at the Passenger’s Request

8.1 Modification
8.2 Change of departure date

Article 9 – Cancellation by the Passenger

9.1 Cancellation
9.2 Cancellation charges
9.3 Reduction in the number of passengers
9.4 Cancellation charges in the event of rebooking
9.5 Travel credits issued as a gesture of goodwill

Article 10 – Price changes

10.1 Price changes
10.2 Cancellation by the traveller
10.3 Price reduction

Article 11 – Modification by the Organiser

11.1 Changes
11.2 Substantial changes

Article 12 – Cancellation by the Organiser

12.1 Cancellation due to minimum number of participants
12.2 Cancellation due to Acts of God
12.3 Refund of tour price paid – no compensation
12.4 Cancellation due to the traveller’s fault

TRAVEL CONDITIONS

Article 13 – Responsibility & Defects
13.1 Correct performance of the trip
13.2 Changes to itinerary and travel times
13.3 The Passenger’s duty to complain
13.4 Resolution by the operator
13.5 Compensation

Article 14 – Assistance

14.1 Compulsory  assistance
14.2 Costs

LIABILITY

Article 15 – Attribution, Acts of God and exclusion of liability

15.1 Attribution & Acts of God
15.2 Exclusion of liability
15.3 Exclusions under contract or EU regulation
15.4 Insured loss
15.5 Limitation period
15.6 Going extinct of rights
15.7 No double compensation

OBLIGATIONS OF THE TRAVELLER

Article 16 – Obligations of the Passenger
16.1 Code of conduct and following instructions
16.2 Consequences of non-compliance – exclusion from participation
16.3 Warning
16.4 Passenger liability and compensation
16.5 Checking return time
16.6 Formal health requirements
16.7 Travel service provider measures
16.8 Use of equipment

OTHER REQUIREMENTS

Article 17 – Sustainability
17.1 Information
17.2 Sustainability handbook
Article 18 – Complaints
18.1 Information
18.2 On-site reporting
18.3 Communication costs
18.4 Reporting unresolved complaint upon return
18.5 Consequences of not reporting the failure or complaint or not reporting it in time

Article 19 – Other provisions

19.1 Third party rights
19.2 Substitute provisions
19.3 Applicable law
19.4 Competent court

Article 1 – Definitions

Organisation: Endless Safaris, registered at the Chamber of Commerce, 76332136
Traveller: any person wishing to enter into a contract with the Organiser in relation to a holiday and any person entitled to travel under the contract;
Travel Service: the services that form part of the Trip, such as passenger transport, car hire, accommodation and excursions.
Travel Service Provider: the service provider that provides any part of the Trip, such as accommodation providers, carriers, external guides, etc.
Contract: the contract relating to the booked Trip, including these Terms and Conditions.
In writing: in writing or by electronic means including email.
Conditions: these terms and conditions.
Package Holiday: a package holiday as defined by law.
Tour: a package holiday or, where the Conditions have been declared applicable to it, a single travel service.
Working days: Monday to Friday, with the exception of public holidays recognised in the Netherlands, within working hours (9.00 to 17.00 Dutch time).

Article 2 – Applicability of conditions

2.1 Package holidays
These terms and conditions apply to all package holidays offered by or agreed with the Organiser.
2.2 Travel services
These terms and conditions may also be declared applicable to travel services that do not form part of a package holiday. Title 7a of Book 7 of the Dutch Civil Code, which contains rules on package travel agreements, does not apply in this case. These Travel Services are not covered in the event of the Organiser’s bankruptcy, unless it is expressly stated in the offer which party provides the cover and this follows from the guarantee or insurance conditions.
2.3 Divergent and additional terms and conditions
Deviating and additional conditions must be agreed in writing and take precedence over these conditions.

THE BOOKING

Article 3 – Conclusion of the contract
3.1 Content of the offer
The trip offered includes only the services and facilities expressly described in the Organiser’s offer and publications. Information included 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 the trip is given in whole days, whereby the day of departure and the day of arrival are counted as whole days.
3.2 Non-binding offer
The Organiser’s offer is non-binding and may be cancelled by the Organiser after acceptance until 17:00 of the next working day.
3.3 The booking
The contract comes into effect when the traveller accepts the operator’s offer, subject to availability.
3.4 Clear errors
Clear errors in the offer are not binding on the operator. If in doubt, the Traveller should make enquiries.
3.5 Preferences
No rights may be derived from preferences expressed by the Traveller unless the Organiser has confirmed in writing that the preference will be met. The mere mention of a preference on travel documents and the booking confirmation is not sufficient in this case.
3.6 Special requirements
If at the time of booking the Traveller discloses to the Organiser any medical requirements or other significant interests as ‘requirements’, the Organiser will consider whether it is able to meet them. If the Organiser is unable or unwilling to meet the requirements, the contract will not come into force. The Organiser may make a price adjustment in relation to the specified requirements.
3.7 Booking confirmation
The operator will send a booking confirmation once the trip has been booked and availability checked.
3.8 Cancellation by the traveller
The booking of the trip is final. The Traveller has no right to cancel the agreement.
3.9 Minor travellers
The Traveller making the booking must be of legal age.
3.10 Booking for Other Travellers & Communication
The Traveller who books for other Travellers is jointly and severally liable for all obligations arising therefrom. The other Travellers are each liable for their own share. Confirmation, invoice, travel documents and any other communication will only be sent to the Traveller making the booking. A Traveller booking the trip on behalf of other Travellers is required to provide the relevant personal details of those other Travellers at the time of booking. The Traveller who books the Trip for others is required to provide those other Travellers with these Terms and Conditions and other relevant notices. The traveller booking the holiday indemnifies the operator against any loss arising from failure to comply with the above obligation.

INFORMATION

Article 4 – Information provided by the Organiser
4.1 Tour price
The prices quoted are per person, unless expressly stated otherwise.
4.2 Information provided by the operator at the time of booking
At the time of booking or as soon as possible thereafter, the Organiser will provide the Traveller with the Agreement, including the Traveller’s accepted preferences and information, specific to Dutch nationality, regarding the necessary travel documents (passports, visas, etc.) and any health formalities.
4.3 Travel documents
The Traveller must be in possession of the necessary travel documents such as passports, visas, vaccination certificates, etc. during the trip. Given the importance of these documents, the Traveller must check with the official authorities to ensure that the information is complete and up to date. Before booking the trip, the Traveller should check whether there is sufficient time to obtain the necessary travel documents. If the Traveller is unable to travel, or cannot travel in full, due to the lack of the correct travel documents, the Traveller will be liable for the costs incurred.
4.4 Travel documents
Travel documents (tickets, vouchers, etc.) will be sent to the Traveller no later than 7 days before departure, unless the invoice has not been paid in full. If the Travel Documents have not been received by the Traveller 5 days before departure, the Traveller must notify the Organiser immediately.
4.5 Insurance information
The Organiser shall inform the Traveller of the possibility of taking out cancellation and travel insurance. The Organiser may require such insurance if the Traveller has been informed of this prior to booking.

Article 5 – Information provided by the Traveller

5.1 Relevant information provided by the Traveller(s)
In advance of booking, the Booking Traveller must provide all relevant information about the registered Travellers. In particular, information that may affect the health or safety of the Traveller or others. If the information provided is incorrect or incomplete, the Traveller may be excluded from participating. The Traveller will then be liable for the cancellation fee. The Traveller will also be responsible for any other costs incurred.
5.2 Reduced Mobility, Pregnant Women and Illness
Travellers with reduced mobility and their companions, pregnant women and Travellers with an illness which may affect the trip must notify the Organiser at the time of contracting, or at the latest as soon as possible after the Traveller becomes aware of it, of the possible consequences for the trip and in particular for air transport. Such travellers should check with the airline whether a medical certificate is required for the trip.

BEFORE THE JURNEY

Article 6 – Payment
6.1 Advance payment
The deposit is 20% of the total cost of the trip plus the full cost of any airline tickets. The deposit must be received within 14 days of booking.
6.2 Final payment
The balance of the holiday price must be paid no later than 6 weeks before the start of the holiday. If the booking is made within 6 weeks of the start of the holiday, the balance of the holiday price must be paid immediately after booking. In any case, full payment must be received before the start of the holiday.
6.3 Default and interest
If the Passenger fails to pay within the agreed period, the Passenger shall be in default without further notice of default being required and shall owe interest at the statutory rate on the outstanding amount.
6.4 Collection costs
The Passenger shall be liable for extrajudicial collection costs if he/she fails to pay within the final payment deadline set by a written reminder. The extrajudicial collection costs amount to 15% of the amount claimed up to €2500, 10% on the next €2500, 5% on the next €5000 and 1% on the remainder.
6.5 Other consequences of non-payment
As long as the traveller has not paid, the operator may retain the travel documents. If payment is not made even after a reminder or if payment is not made before the start of the trip, the Organiser may exclude the Traveller from participating in the trip. The obligation to pay shall remain in force. Instead of excluding the traveller from the trip, the operator may cancel the contract and charge the traveller the cancellation fees due in accordance with the terms of the contract.

Article 7 – Indemnification

7.1 Conditions and notification
A Traveller may transfer the Trip to another person. The other person must fulfil all the conditions attached to the Trip. Transfer is only possible to the extent permitted by the terms and conditions of the relevant Travel Service Provider. If airline tickets are part of the Trip, it is often not possible to transfer the airline tickets. Transfer of the Trip is possible if new airline tickets are booked at the Traveller’s expense. The Traveller must ask the Operator for a replacement at least 7 days before the start of the Trip.
7.2 Joint liability and additional costs
The Traveller and the person taking over the trip are jointly and severally liable for the payment of the total cost of the trip and any additional costs incurred as a result of the substitution, including the cost of making changes.

Article 8 – Change at the Passenger’s Request

8.1 Change
The traveller who has booked the trip may ask the Organiser to modify the agreement. The Organiser is under no obligation to do so. The operator will inform the traveller of the new price. If the Traveller agrees to the cost of the change, the new Tour price and the cost of the change shall be payable. If the new price is less than the original price, the difference will be deducted from the cost of the change.
8.2 Change of departure date
Unless the operator indicates a rebooking, a change to the departure date constitutes a cancellation of the existing agreement and the creation of a new agreement. The cancellation policy of applies to the cancelled contract.

Article 9 – Cancellation by the traveller

9.1 Cancellation
The Traveller may cancel the reservation before the start of the journey. The cancellation must be made in writing. The date on which the cancellation is received by the operator is the date of cancellation. If the cancellation is received after 17:00 or on a non-working day, the date of receipt will be the next working day.
9.2 Cancellation costs
If a flight is included in the Trip, the Passenger shall owe the following amounts in the event of cancellation:
a. up to and including 56 days before the day of departure: the cancellation costs of the flight + 20% of the remaining part of the travel sum;
b. from 55 days up to and including 22 days before the day of departure: the cancellation costs for the flight + 50% of the remaining part of the travel sum;
c. from 21 days up to and including 7 days before the day of departure: the cancellation costs of the flight + 75% of the remaining part of the travel sum;
d. from 6 days before departure: 100% of the travel sum.

If no flight is included, the Traveller shall owe the following amounts:

a. up to and including 56 days before the day of departure: 20% of the travel sum;
b. from 55 days up to and including 22 days before the day of departure: 50% of the fare;
c. from 21 days up to and including 7 days before the day of departure: 75% of the travel sum;
d. from 6 days before departure: 100% of the travel sum.

9.3 Reduction in the number of travellers
If the number of travellers is reduced within a booking, the Organiser may, at its option, charge as a cancellation fee:
1) the standard cancellation fee set out in this Article, or;
2) the full price of the trip for the cancelled person less the cost savings resulting from the cancellation.

9.4 Cancellation charges for a rebooked holiday
It may happen that the traveller and the operator rebook the trip to a later date. If the traveller cancels the rebooked trip, the cancellation fee will be at least the amount that would have been charged if the cancellation had been made on the rebooked date.

(Example: 14 days before the start of the original trip, the trip is rebooked to 1. 6 months before the start of the rebooked trip, the traveller cancels because they no longer wish to travel. The cancellation fee would be 20% of the tour price as per article

9.2. The cancellation fee would be 75% of the cost of the trip if the cancellation had been made on the day of rebooking. In this case, the cancellation fee will be 75% of the cost of the trip).
9.5 Travel credits issued as a goodwill gesture
If a Trip is cancelled by the Traveller and a Travel Credit is issued as a gesture of goodwill, the following applies (unless otherwise stated by the Organiser)
– The Travel Credit must be used within one year of the Travel Credit being issued.
– The new trip must have commenced within two years of the issue of the travel credit.
– The travel credit is linked to the traveller and is non-transferable.
– The travel credit can only be used for the same trip at a later date.
– If the trip is more expensive at a later date, the difference in price will be charged to the Traveller.
– If the Traveller cancels the Trip booked with a Travel Credit granted as a courtesy, the Travel Credit will be invalid.

10.1 Price changes.

The operator may increase the tour price up to 20 days before the start of the tour due to changes in
– the cost of fuel or other energy sources; or;
– taxes or fees of third parties not directly involved in the operation of the Tour. The Organiser may include in the Agreement that it may increase the price of the Trip due to changes in exchange rates up to 20 days before the start of the Trip. The agreement must specify how the price will be recalculated on the basis of the exchange rate.
10.2 Cancellation by the traveller
If the price increase is more than 8% of the cost of the holiday, the traveller may cancel the agreement and will be refunded the amount paid for the holiday.
10.3 Price reduction
If the right to increase the price has been agreed, the Traveller has a corresponding right to decrease the price. An administration fee of €30 will be deducted from the amount to which the Traveller is entitled.

Article 11 – Changes by the Organiser

11.1 Changes
The Organiser may make minor changes to the Trip unilaterally before the start of the Trip. The Traveller shall be informed of such changes.
11.2 Major changes
If necessary, the operator can make major changes to the main features of the trip before the start of the trip. This includes offering an alternative holiday. The Traveller may accept the change or cancel the agreement without paying a cancellation fee. In the event of cancellation, the amount paid by the Traveller will be refunded. The Organiser may set a reasonable time limit for the Traveller to make his choice. If the Agreement is not cancelled within the specified period, the change shall be deemed to have been accepted and the right to cancel shall lapse.

Article 12 – Cancellation by the Organiser

12.1 Cancellation in connection with minimum numbers
The Organiser may cancel the Agreement before the start of the Trip if the number of registrations is less than the minimum number specified in the Agreement and the Traveller is notified of this no later than
– 20 days before the start of the trip for a trip of 6 days or more.
– 7 days before the start of the journey for a journey of 2 to 6 days.
– 48 hours before the start of the trip for a trip of less than 2 days.
12.2 Cancellation due to force majeure
The Organiser may cancel the agreement before the start of the trip if the Organiser is unable to perform the agreement due to unavoidable and extraordinary circumstances.
12.3 Refund of tour price paid – no compensation
In the above cases, the Organiser will refund any amounts already received within 14 days and no compensation will be payable. Not refundable are costs incurred by the traveller for services not included in the contract, such as vaccinations, visas, purchase of equipment, insurance and, if not included in the trip, flights, tickets, accommodation, etc.
12.4 Cancellation due to the fault of the traveller
If the Traveller fails to comply with the pre-defined conditions of participation, or if false or incomplete information is provided about the Traveller, the Organiser may cancel the agreement. The Traveller will then be liable to pay a cancellation fee in accordance with the terms and conditions.

EXECUTION OF THE TRIP

Article 13 – Responsibility & shortcomings
13.1 Proper performance of the trip
The Organiser is responsible for the performance of the agreed travel services, whether provided by the Organiser itself or by another travel service provider. The operator must perform the contract in accordance with the expectations that the traveller could reasonably have based on the publications, the contract and the circumstances at the destinations.
13.2 Changes to itineraries and travel times
The Tour Operator will inform the Traveller of any changes to the itinerary. If the Organiser does not know the place of stay, the Traveller will only be informed at the e-mail address or mobile phone number known to the Organiser.
13.3 The Traveller’s duty to complain
The Traveller shall immediately notify the Tour Operator and the Organiser of any defects or problems in the provision of the Tour services.
13.4 Remedy by the Organiser
The Organiser shall ensure that any deficiencies are remedied. A shortcoming need not be remedied if this is impossible or involves disproportionately high costs.
13.5 Compensation
If the failure cannot be resolved, the Organiser (or the Tour Operator) will consult with the Traveller and may arrange compensation or an alternative if appropriate. The Traveller will not be entitled to compensation or an alternative if the failure is attributable to the Traveller.

Article 14 – Assistance and support

14.1 Obligation to provide assistance
The Organiser shall provide the Traveller with assistance and support if the Traveller is in difficulty, in particular by providing good information about medical services, local authorities and consular assistance and by helping the Traveller to use remote communication and to find alternative travel arrangements.
14.2 Costs
The Organiser shall charge a reasonable fee for the assistance if the difficulties have been caused by the Traveller’s intention or carelessness.

LIABILITY

Article 15 – Attribution, Force Majeure and Exclusion of Liability
15.1 Attribution & Force Majeure
The Passenger shall not be entitled to compensation for any damage suffered by the Passenger as a result of a shortcoming attributable to
a. the Passenger
b. third parties not directly involved in the performance of the contract and whose failure could not have been foreseen or prevented; or;
c. unavoidable and extraordinary circumstances.
15.2 Exclusions of liability
Any liability of the Organiser for damages is limited to three times the cost of the trip, unless the damage results from death or personal injury of the Traveller or the damage is caused by wilful or negligent action of the Organiser.

OBLIGATIONS OF THE TRAVELER

Article 16 – Obligations of the passenger
16.1 Conduct and following instructions
The Traveller must behave as a reasonably Traveller and is required to follow all instructions of the Tour Operator and the Tour Service Providers.
16.2 Consequences of failure to comply – exclusion from participation
In the event of failure to comply with instructions or if a Traveller causes a nuisance, the Tour Operator/Travel Service Provider may refuse the Traveller further participation in the Tour, in whole or in part. The Traveller will then not be refunded any money. Any other costs incurred as a result shall be borne by the Traveller.
16.3 Warning
Before the Traveller is excluded from participation, the Traveller will first receive a verbal or written warning. A warning is not required if it is not appropriate in the circumstances.
16.4 Traveller’s liability and indemnity
The Traveller shall be liable for any damage caused by the Traveller’s conduct, by the Traveller’s failure to comply with the obligations set out in this Article or by any other cause attributable to the Traveller. The Traveller shall indemnify the Organiser against any claim made by any travel service provider involved in the Tour, other Travellers or third parties in respect of any damage caused by or attributable to the Traveller.
16.5 Verification of return journey time
The Traveller must verify the exact time of departure no later than 24 hours before the scheduled start of the return journey.
16.6 Formal health requirements
The Traveller must meet all health requirements of the destination (and transit countries). Governments may change these requirements without notice. The consequences of such changes are the responsibility of the Traveller.
16.7 Measures taken by Travel Service Providers
Travel Service Providers may take all reasonable measures and require the cooperation of Travellers, including to prevent and combat disasters, limit health risks, prevent damage or comply with government regulations. If the measures or instructions are not complied with, the Traveller may be refused the Travel Service and access.
16.8 Use of equipment
The traveller must treat the materials provided with care. Upon receipt, the Traveller must check these items and report any defects immediately. The traveller is liable for damages, loss or theft of the materials provided.

OTHER PROVISIONS
Article 17:Sustainability
17.1 Information
Sustainable and small-scale tourism is the tourism of the future” is VvKR’s view of the future of tourism. VvKR has ‘small scale’ in its name and credo and organises trips with respect for nature and the environment, culture and good working conditions. VvKR realises that sustainable travel is very important for a future-proof travel sector and believes that VvKR members, with their focus on small scale and specialisation, can make an important contribution to this.
17.2 Sustainability handbook
VvKR therefore aims to encourage its members to make their organisation and travel more sustainable. To this end, a ‘sustainability’ working group was set up in 2016. The working group informs VvKR members about sustainable tourism and initiates activities and programmes on sustainability. Among other things, workshops were organised, a collaboration with Trees for All was set up (click here for more information) and a sustainability handbook was published. In this way, VvKR hopes to contribute to the development of a sustainable and thus future-proof travel sector. Click below to view the handbook:

SUSTAINABILITY HANDBOOK FOR TRAVEL ORGANISATIONS

Article 18 – Complaints
18.1 Information
The Organiser shall provide emergency contact details before the start of the Trip.18.2 On-site reporting. If the Traveller believes that the Trip is not being properly conducted, he should immediately report the problem or deficiency to the relevant Travel Service Provider so that a solution can be found. If the Tour Leader is on site, the complaint should also be reported immediately to the Tour Leader. If there is no local guide, the complaint should also be reported to the Organiser. This report can be made by [Whatsapp, SMS, telephone or on working days during Dutch office hours (9-17h) also by e-mail].
18.3 Communication Costs
The Traveller should reduce all communication costs including the use of internet calls, WhatsApp and email.
18.4 Reporting unresolved complaints on return
Any complaint which the Traveller believes has not been fully resolved or compensated for during the tour must be submitted in writing to the Organiser within two months of the tour, with reasons for the complaint.
18.5 Consequences of non-notification or late notification of defects or complaints
Failure to make a complaint in accordance with this article, or failure to do so in good time, may affect the amount of any compensation, unless the interests of the Organiser are not prejudiced by the failure to make a complaint in good time. Complaints not received in time after the return will not be considered unless this is not reasonable in the circumstances of the case.

Article 19 – Other provisions

19.1 Rights of third parties
Subcontractors, 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) against the Passenger.
19.2 Substitute provisions
If mandatory law precludes the validity of any provision of these Terms and Conditions, or if a provision is void, that provision shall be deemed to be replaced by a valid provision that comes as close as possible in content and scope to the original intention.
19.3 Applicable law
The offer, the agreement and the performance of the agreement shall be governed exclusively by Dutch law, unless this is contrary to mandatory law.
If the Consumer is resident outside the Netherlands at the time of the booking, the following shall apply: Notwithstanding the choice of law, the consumer is entitled to the protection afforded by the mandatory law of his country of residence if (cumulatively)
– the organiser has directed the commercial activities for the agreed holiday to the consumer’s country of residence, and
– the agreed travel services are wholly or partly provided in that country.
19.4 Competent court
The district court in whose area of jurisdiction the Organiser’s registered office is located shall have exclusive jurisdiction over disputes relating to the contract and related matters, unless this is contrary to mandatory law. In addition, the Organiser shall be entitled to sue the Traveller at the Traveller’s place of residence.

Please, contact us today to explore Tanzania and Zanzibar.

Contact information:
Address: Alderneystraat 7
1339TN Almere ( buiten)

Website: Endless-Safaris
Telephone number +31 36 737 05 99
WhatsApp number: + 31 6 2887 83 39
Email: info@endless-safaris.nl