Terms and Conditions
The general terms and conditions are applicable to every TravelBird offer and to every agreement made between travelbird.co.uk and the consumer. Before the agreement is finalised, it is possible for the consumer to read this text. The general terms and conditions can be changed at any time, without a notification from TravelBird. These changes will not apply to bookings that have already been completed with TravelBird.
Did you book after 20th January 2016 at 12:00?
TRAVELBIRD CONSUMER TERMS AND CONDITIONS (TRAVEL AND BOOKING) Introduction The TravelBird Consumer Terms and Conditions apply to all offers booked via TravelBird. These terms and conditions consist of two parts: (A) Travel Terms and Conditions and (B) Booking Terms and Conditions. Either Part A or Part B applies to the relevant travel package booked via TravelBird.
Travel Terms and Conditions (A) The Travel Terms and Conditions apply when you book a travel package for which TravelBird acts as a tour operator and enters into a contract with you for the performance of the travel package. A travel package is a trip organised by a tour operator which consists of an overnight stay or lasts for at least 24 hours and includes two or more of the following elements: a) transport; b) accommodation; c) another tourist service, not connected with transport or accommodation but comprising a significant part of the travel package. The Travel Terms and Conditions (A) apply as well if TravelBird acts as a travel agent for travel packages offered under its own name.
When you book a travel package for which TravelBird acts as the tour operator, TravelBird is responsible for the performance of the contract. The Travel Terms and Conditions (A) then apply to the entire process of the trip: from booking to the completion of the travel package.
Booking Terms and Conditions (B) The Booking Terms and Conditions (B) apply to all other types of services for which TravelBird acts as a travel agent which do not fall within the scope of the Travel Terms and Conditions (A). In such cases, the General Terms and Conditions of the respective service provider will apply in addition to the Booking Terms and Conditions. In such event TravelBird acts only as an intermediary between the traveller and service provider and is not a party to the contract between the traveller and the service provider. The service provider is responsible for the performance of the contract. TravelBird is, however, responsible for ensuring the correct and proper performance of the services provided by TravelBird itself, such as the right advice and the administrative handling of the booking.
Supplementary conditions TravelBird and traveller can agree on conditions, which are supplementary to these terms and conditions. These supplementary conditions are displayed on the website in the relevant offer. By accepting these terms and conditions you also accept the supplementary conditions. In the event of a conflict between these terms and conditions and the supplementary conditions, the supplementary conditions shall prevail. The ‘online’ offers can change rapidly. Therefore we recommend to make a screenshot (Print Screen) of the screen on which the offer is displayed, so that there can be no lack of clarity in this respect later on.
Stichting Garantiefonds Reisgelden (SGR) As a Dutch company TravelBird B.V. is registered under the Dutch Chamber of Commerce registration number 32169836. TravelBird B.V. is a registered participant of SGR, the Dutch travel guarantee fund. You can verify this on www.sgr.nl/guaranteescheme. British customers who book holidays listed on this website are covered by SGR’s guarantee, within the terms of the SGR guarantee scheme. Under SGR’s guarantee, consumers shall have their prepaid travel sum refunded if their counterparty is unable to fulfill its contractual obligations due to financial inability. Insofar as the agreementtrip will be arranged.
Exclusion Right of Withdrawal The traveller has no statutory right to withdrawal the travel agreement. See article 11.2.c for the exception regarding ticket only deals without a fixed date/period.
Contact The TravelBird-Consumer Terms and Conditions can be consulted at www.travelbird.co.uk or requested free of charge at TravelBird B.V., Customer Services, Keizersgracht 281, 1016 ED, Amsterdam or email@example.com.
Our customer services are available weekdays from 8am until 8pm and weekends from 8am until 4pm
A: TRAVEL TERMS AND CONDITIONS The introduction to TravelBird Consumer Terms and Conditions (Travel and Booking Terms and Conditions) explains when the Travel Terms and Conditions (as set out below) are applicable.
CONTENTS INTRODUCTION Article 1 Introductory provisions
BEFORE BOOKING THE TRAVEL PACKAGE Article 2 Information provided by TravelBird Article 3 Information provided by the traveller Article 4 Essentials
BOOKING THE TRAVEL PACKAGE (content and registration) Article 5 Performance and content of the contract Article 6 Payment, interest and collection costs Article 7 Travel sum
PERIOD AFTER BOOKING TO THE COMPLETION OF THE TRAVEL PACKAGE Article 8 Travel package documents and travel documents required by the traveller Article 9 Changes instigated by the traveller Article 10 Substitution Article 11 Cancellation by the traveller Article 12 Termination by TravelBird Article 13 Changes instigated by TravelBird Article 14 Liability and force majeure Article 15 Help and assistance Article 16 Exclusions and restrictions to the liability of TravelBird Article 17 Obligations of the traveller Article 18 Complaints during the travel package
AFTER THE TRAVEL PACKAGE Article 19 Complaints after the travel package Article 20 Disputes and applicable law
INTRODUCTION Article 1 Introductory provisions 1. The terms below are defined as follows in these Travel Terms and Conditions:
Self-transport packages: travel packages in which the traveller reserves only the accommodation and organises the transport him/herself. Office hours: TravelBird Customer Services can be contacted weekdays from 8am until 8pm and weekends from 8am until 4pm, with the exception of official public holidays. Tour operator: the party which, in the exercise of its business, offers pre-organised travel packages under its own name to members of the public or to groups. Travel contract: contract between the traveller and the tour operator in which a tour operator undertakes to provide the other party with a pre-organised travel package. Travel package: travel arrangements offered by the tour operator and consisting of an overnight stay or lasting for a period of more than 24 hours and consisting of at least two of the following services: a. transport b. accommodation c. another tourist service not connected with transport or accommodation but comprising a significant part of the travel package. Traveller: a. the other party to the contract with TravelBird, or b. the party on whose behalf the travel package has been booked, and who has accepted this booking, or c. the party to which the legal relationship with the tour operator has been transferred in accordance with Article 10 of these Terms and Conditions. TravelBird: qualifies as tour operator for these Travel Terms and Conditions (A). Working days: Monday to Friday, with the exception of official Dutch public holidays. 2. These Travel Terms and Conditions are applicable to all travel contracts. TravelBird may stipulate that these Travel Terms and Conditions are also applicable to contracts relating to other travel arrangements, including self-transport packages and shuttle journeys by coach, as long as this is stated in the publication. 3. The term 'Europe and the Mediterranean Countries' means the European continent, including the Spanish (Canary) islands and Portuguese (Madeira, Azores) islands, and all countries in Asia and Africa which adjoin the Mediterranean.
BEFORE BOOKING THE TRAVEL PACKAGE
Article 2 Information provided by TravelBird
- TravelBird or an agency acting on its behalf will provide the traveller with general information on passports and visas relating to British citizens holding a British passport no later than the date upon which the contract is concluded. The traveller is personally responsible for obtaining any necessary additional information from the relevant authorities and for earlier has been changed.
- TravelBird advises the traveller to take out travel insurance and cancellation insurance.
- TravelBird accepts no responsibility for general information contained in photos, brochures, advertisements, websites and other information carriers which have been provided, compiled or published by third parties.
- In accordance with EU Directive (EC) No 2111/2005, we are required to bring to your attention the existence of a “Community list” which contains details of air carriers that are subject to an operating ban within the EU. The Community list is available for inspection at http://ec.europa.eu/transport/modes/air/safety/air-ban/index_en.htm We are also required to advise you of the actual carrier(s) (or, if the actual carrier(s) is not known, the likely carrier(s)) that will operate your flight(s) at the time of booking. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) as soon as we become aware of this. Any change to the operating carrier(s) after your booking has been confirmed will be notified to you as soon as possible.
If the carrier with whom you have a confirmed reservation becomes subject to an operating ban as above as a result of which we/ the carrier are unable to offer you a suitable alternative, the provisions of articles 12 and/or 13 will apply. Article 3 Information provided by the traveller
No later than the date upon which the contract is concluded the traveller will provide TravelBird with all information pertaining to him/herself and to the co-travellers in the booking which could be important to the conclusion of the contract, and immediately after the conclusion of the contract, with the additional information required for the performance number(s) and e-mail address(es).
The traveller is required to provide full information on the physical and/or mental state of the traveller(s) (including the use of alcohol, drugs or medication) if this physical and/or mental state could result in discomfort, danger or risks to the traveller him/herself or to other travellers (passengers and/or crew) or the property of third parties. The traveller is aware that the carrier (represented, for example, by the aircraft captain) can deny him/her the right to further transport if information turns out to be incorrect or withheld. Information must also be provided on limited mobility, and on the necessity for the accompaniment for minors and disabled travellers, pregnant women, persons who are ill and other co-travellers. The traveller is aware that the carrier reserves the right to demand a medical declaration for specific medical conditions, and in the absence thereof, to deny the traveller the right to (further) transport.
- The traveller is also required to inform TravelBird of any details regarding the capacity or composition of the party for which he/she has made a booking which could be of importance to the proper performance of the travel package by TravelBird.
- In some cases TravelBird is required to take care of the check-in procedure for a flight. If so, TravelBird will state this in the booking confirmation and will ask the traveller to provide the passport information required for the flight prior to departure. The traveller is responsible for providing TravelBird with this information in good time. If the traveller fails to comply with this information obligation, he/she will be charged any check-in costs for the flight in question.
- If the traveller fails to meet his/her information obligation or TravelBird excludes him/her from participation or further participation in the travel package in accordance with the provisions of Article 17.2, the traveller shall bear the costs referred to in the aforementioned article.
Article 4 Essentials
- Deviations from or additions to the travel package offered by TravelBird may be requested on medical grounds (medical essentials). TravelBird will make a reasonable effort to meet such requests, but can never be held liable if a request exceeds what can reasonably be expected of TravelBird. Medical essentials require the explicit written consent of TravelBird.
- TravelBird will only consider a request for an essential on other than medical grounds (other essentials) if this request has a reasonable chance of success. In such cases TravelBird is entitled to charge the traveller a reasonable fee for the organisational and communication expenses relating to the request and any additional costs charged by service providers involved in the performance of the travel package. Such requests also require the explicit written consent of TravelBird.
BOOKING THE TRAVEL PACKAGE (Content and Registration)
Article 5 Performance and content of the contract
- Offer and acceptance a. The contract is concluded as a result of the traveller’s acceptance of the offer of TravelBird, including the applicable terms and conditions. Acceptance takes place directly. After the contract is concluded, the traveller will receive confirmation in writing or electronically as quickly as possible. b. For bookings made via the internet, TravelBird will structure the process in such a way that the traveller is informed prior to acceptance that he/she is entering into a contract and is informed of the applicable terms and conditions. The traveller is bound by this contract from the moment the booking is confirmed by TravelBird.
- Offer / contract withdrawal The TravelBird offer is free of obligation and may be withdrawn by TravelBird, if necessary. Withdrawal from the contract after the booking is confirmed is permitted when errors in the travel sum calculations or other errors need to be corrected. Withdrawal from the contract must be effected with reasons as quickly as possible, but at all events before 16:00 on the next working day (travel packages to Europe and Mediterranean countries) or before 12:00 on the second working day (travel packages to other destinations) after the acceptance date. In the case of a booking option the terms and conditions may continue to change until the booking is confirmed. The contract is subject to the terms and conditions that apply when the booking is confirmed. In such cases, the traveller is entitled to prompt reimbursement of any amounts
- Obvious errors TravelBird is not bound by obvious errors and mistakes. Such errors and mistakes are or should be recognisable as such at first sight by the average traveller.
- Termination by TravelBird due to low participation TravelBird is entitled to terminate the contract with immediate effect if the number of bookings is lower than the required minimum. TravelBird will state the period of notice and the minimum booking requirement clearly in the offer. Termination will take place in writing within the period stated in the offer. The traveller will be offered an alternative travel package if possible as described in article 13.2a. If this is not acceptable, a full refund of all sums paid to TravelBird by the traveller will be made. TravelBird will have no other liability and no compensation, expenses or costs will be paid.
- Booking party a. A person who enters into an obligation for or on behalf of another person (the booking party), is jointly and severally liable for all the obligations arising from the contract. The booking party must be at least 18 at the time of booking and have the authority of all persons on the booking to enter into a contract with TravelBird on the basis of these Travel Terms and Conditions. b. All traffic and communication (including payment) between the traveller(s) on the one hand and TravelBird on the other shall be effected exclusively through the booking party. c. Each traveller is liable for his/her own share of the contract. The Booking Party is responsible for payment of the total cost of the booking.
- Published details and restrictions a. If the agreed travel package features in a TravelBird publication, the details contained therein form part of the contract.
- Departure times Departure times for transport components will be stated in the travel package documents. TravelBird may only alter these times within reasonable limits, and only if it cannot reasonably be required to adhere to them. In such cases Articles 13 and 14 are not applicable.
Article 6 Payment, interest and collection costs
- a. The moment the contract is concluded and depending on the various elements of the travel package, TravelBird may ask for a downpayment from the traveller. b. The applicable downpayment will be stated in the relevant Offer.
- a. The moment the contract is concluded and depending on the various elements of the travel package, TravelBird may offer the traveller the option to pay in multiple instalments, of which the first instalment will also provide the initial downpayment. b. If TravelBird offers to pay in multiple installments, this will be stated in the relevant Offer.
- The remainder of the travel sum must be in TravelBird’s possession no later than six weeks before the date of departure (in the case of self-transport contracts, no later than six weeks before the date of arrival at the first booked accommodation). The traveller shall be deemed in default if payment is not made on time. If the traveller does not pay on time, TravelBird will send him/her a payment reminder at no extra charge, allowing him/her a further 14 calendar days to make the payment. If payment has still not been made by that time, the contract shall be cancelled. TravelBird is entitled to charge the cancellation costs. In such cases, the provisions of Article 11 apply and the cancellation fee will be deducted from the amounts already paid.
- If the contract is concluded less than 6 weeks before the departure date, the entire travel sum must be paid immediately.
Article 7 Travel sum
- The published travel sum is per person, unless otherwise indicated. The following applies to the published prices:
- All fixed unavoidable costs are included in the advertised price;
All variable unavoidable costs and the respective amounts are shown directly next to the advertised price.
The published travel sum is based on the prices, levies and taxes that were known to TravelBird on the date of publication.
PERIOD AFTER BOOKING TO THE COMPLETION OF THE TRAVEL PACKAGE
Article 8 Travel package documents and travel documents required by the traveller
- TravelBird will ensure that the necessary travel package documents (except aircraft boarding passes) are in the possession of the traveller no later than 5 calendar days before the departure date (in the case of self- transport contracts: before the date of arrival at the first booked accommodation), unless this cannot reasonably be expected of TravelBird.
- If the traveller has not received any travel package documents (with the exception of aircraft boarding passes) three working days before the departure date at the latest, he/she is required to notify TravelBird thereof immediately.
- In the case of travel packages booked less than 5 calendar days before the departure date (in the case of self-transport contracts: before the date of arrival at the first booked accommodation), TravelBird will indicate when and how the necessary travel package documents will be placed in the traveller’s possession. If the traveller does not receive these accordingly, he/she is required to notify TravelBird thereof immediately.
- The traveller is personally responsible for having the necessary travel documents in his/her possession, such as a valid passport or, where permitted, an identity card and any necessary visas, proofs of immunisation and vaccination, driving licence and green card. If the traveller is unable to undertake all or part of the travel package as a result of not being in possession of a valid document, any and all consequences thereof shall be at the traveller's expense, unless TravelBird has undertaken to arrange the document in question, and its absence can be imputed to TravelBird, or if TravelBird has failed to comply with its information obligation under Article 2.1.
Article 9 Changes instigated by the traveller
- The traveller may request changes to the contract after it has been concluded. This is subject to the condition that the change is feasible, that TravelBird accepts it and that the traveller pays the amended travel sum, minus the amounts already paid. The traveller is further required to pay an amendment fee per booking and any communication costs. A decision regarding the request will be taken by TravelBird as quickly as possible.
- TravelBird will notify the traveller immediately with reasons if the requested changes are rejected. The traveller can then proceed with or cancel the original contract. In the latter case Article 11 applies. If the traveller does not respond to the rejection of his/her request, the original contract will be implemented.
Article 10 Substitution
- Provided TravelBird does not find it unreasonably onerous the traveller may be substituted by another person in good time prior to the commencement of the trip. The following conditions apply: a. The other person complies with all the terms and conditions of the contract; b. The request is submitted no later than 21 calendar days before the departure date, or at least with enough time for the necessary actions and formalities to be carried out; c. Such substitution is not precluded by the terms and conditions of the service providers involved in the performance of the contract.
- The booking party, the traveller and the person substituting for the traveller are jointly and severally liable to TravelBird for payment of the outstanding balance of the travel sum, the amendment fee and the communication costs referred to in Article 9.1 and any additional costs resulting from the substitution.
Article 11 Cancellation by the traveller
Standard cancellation fee If a contract is cancelled, TravelBird may charge the traveller a cancellation fee, in addition to any booking costs owed. The traveller will receive the following percentage of the travel sum back:
Offers with flight and/or cruise and/or car rental
Days prior to travel % of deal cost you receive back Greater than 28 days 65% from 28 days up and until 15 days 50% from 14 days up an until 6 days 25% from 5 days up an until 1 day 10% day of departure 0%
Offers without flight and/or cruise and/or car rental
Days prior to travel % of deal cost you receive back Greater than 42 days 100% from 42 days up and until 29 days 65% from 28 days up and until 15 days 50% from 14 days up and until 6 days 25% from 5 days up and until 1 day 10% day of departure 0%
Different cancellation fees a. If a travel package is made up of various elements to which different cancellation provisions are applicable, the provisions specific to each element will be applicable. TravelBird will inform the traveller in advance if different cancellation provisions apply to the various elements by displaying these deviations in the relevant offer on the website. b. TravelBird may deviate from the cancellation terms in paragraph 1, TravelBird will inform the traveller explicitly in the offer of such deviations. c. Ticket only deals cannot be changed or cancelled and are therefore not eligible for a refund. However, on ticket only deals without a fixed date/period, a statutory withdrawal period of 14 calendar days is applicable. Within 14 calendar days after the purchase date of the ticket only deal, the traveller can claim a refund of the ticket only deal through the TravelBird customer service. If the ticket has been redeemed and/or activated and/or used in any other manner, TravelBird will settle the total value of the ticket deal with the total purchase price of the ticket deal and no refund will be paid to traveller.
- Partial cancellation a. If a traveller in a party cancels his/her share of a contract for a joint stay in a hotel, apartment, holiday home or other accommodation, he/she will be charged a cancellation fee.
b. If the size of the remaining group is listed in the price table for the accommodation, TravelBird will present the remaining traveller(s) with an amended proposal which is appropriate for the new group size, in the same accommodation for the same period. c. The travel sum for the traveller(s) referred to in 3.b will be amended in accordance with the price table. The normal payment rules of Article 6 apply to the amended travel sum. d. If an amended offer is not possible or is not accepted, the contract will be cancelled for all the travellers, and all the travellers will be charged a cancellation fee. e. The total amount of the cancellation fee and amended travel sum may never exceed the total travel sum owed by the original travellers. Any excess will be deducted from the new travel sum. 4. Outside office hours Cancellations outside office hours are deemed to have been made on the first subsequent working day. 5. Substitution If the traveller chooses substitution and there is no cancellation, Article 10 is applicable.
Article 12 Termination by TravelBird 1. TravelBird is entitled to terminate the contract due to exceptional circumstances. 2. The term exceptional circumstances is understood as circumstances which are of such a nature that TravelBird cannot reasonably be expected to be bound by the contract. For any termination or cancellation which takes place before the travel package commences, “exceptional circumstances” mean unusual and unforeseeable circumstances beyond the tour operator’s control, the consequences of which the tour operator could not avoid even with all due care. a. If the cause of the cancellation can be attributed to the traveller, the subsequent loss will be borne by the traveller. b. If the cause of the cancellation can be attributed to TravelBird, the subsequent loss will be borne by TravelBird. Whether this is the case is determined on the basis of Article 14. c. If the cause of the cancellation cannot be attributed to either the traveller or TravelBird, each party will bear its own loss as stated in Article 15. 3. In the event of termination or cancellation in exceptional circumstances, the traveller will be offered an alternative travel package if possible as described in article 13.2a. If this is not acceptable, a full refund of all sums paid to TravelBird by the traveller will be made. TravelBird will have no other liability and no compensation, expenses or costs will be paid.
Article 13 Changes instigated by TravelBird 1. a. TravelBird is entitled to change the agreed service provision due to exceptional circumstances as described in Article 12.2. TravelBird will notify the traveller of changes as soon as possible when it has been made aware of the exceptional circumstances. b. If the change is a significant change to one or more essential terms of the contract, the traveller may reject it. 2. a. In the event of a significant change to an essential term of the contract or cancellation by TravelBird, TravelBird will make the traveller an alternative offer, if possible. TravelBird will do this as soon as possible when it has been notified of the change. b. The alternative offer must be at least equivalent. The equivalence of alternative accommodation must be evaluated on the basis of objective standards and determined according to the following circumstances which must be apparent from the alternative offer: - the siting of the accommodation in the destination location; - the nature and class of the accommodation; - the other facilities which the accommodation offers. The evaluation referred to above must take into account: - the composition of the group; - the special characteristics or circumstances of the traveller(s), deemed by the traveller(s) to be of essential importance, made known to TravelBird and confirmed by TravelBird in writing; - the deviations from or additions to the programme requested by the traveller, which were confirmed by TravelBird in writing. 3. a. A traveller who exercises his/her right to reject the change or alternative offer pursuant to the previous paragraphs and to cancel the travel package must make this known within three calendar days of receipt of the notice regarding the change or the alternative offer. A period of one calendar day applies when notice is received 10 calendar days or less prior to the departure date. The traveller makes this known by contacting TravelBird Customer Services by telephone or e-mail. b. If the traveller rejects the change or the alternative offer, TravelBird is entitled to terminate the contract with immediate effect. It must exercise this right – upon penalty of forfeiture – within three calendar days of receipt of the rejection by the traveller. A period of one calendar day applies when notice is received 10 calendar days or less prior to the departure date (in the case of self-transport contracts: before the date of arrival at the first booked accommodation). In such cases the traveller is entitled to a waiver or reimbursement of the travel sum (or, if the travel package has already been partially taken, to reimbursement of a proportionate part thereof), without prejudice to any right the traveller may have to compensation as referred to in Article 13.5. 4. If the period referred to in Article 13.3 ends on a Sunday or a statutory public holiday in the the United Kingdom, it will be extended to 12:00 CET on the next working day. 5. a. For any significant change made by TravelBird which is not caused by exceptional circumstances and which is not acceptable to the traveller, TravelBird will offer an alternative or a refund in accordance with this Article together with compensation if appropriate. No compensation, expenses, costs, losses or other sums will be met if a change is not significant or is caused by the traveller. 6. b. If, after the commencement of an agreed travel package, a significant portion of the services included in the contract cannot be provided, TravelBird will ensure appropriate alternative arrangements to continue the journey. (For the costs thereof, see Article 15). 7. c. If alternative arrangements are not possible, TravelBird will provide the traveller(s), if necessary, with equivalent means of transport which will return him/her to the place of departure or another return location agreed with the traveller(s). (For the costs thereof, see Article 15.) 8. Except as set out in these Travel Terms and Conditions, TravelBird has no other liability and no compensation, expenses or costs will be paid in the event of a change arising from exceptional circumstances.
Without prejudice to the provisions in Article 17.4, TravelBird will notify the traveller(s) of any change that it makes to the departure time. This obligation does not apply to return journeys for travellers who have only booked transport and/or whose accommodation address is unknown.
Article 14 Liability and force majeure 1. Without prejudice to the provisions in Articles 12 and 13, TravelBird will perform its obligations under the contract with reasonable skill and care in accordance with the expectations that a traveller would reasonably have on the grounds of the contract. 2. If the travel package fails to meet the expectations referred to in Article 14.1, the traveller is obliged to notify the parties concerned as quickly as possible, as provided in Article 18.1. 3. In the event of failure to perform or improper performance of the contract by TravelBird in accordance with Article 14.1 (“shortcoming”), TravelBird will compensate the traveller for loss without prejudice to the provisions of Articles 15, 16 and 17, unless the shortcoming in performance is not attributable to TravelBird or to the supplier of the contracted services in question because: a. the shortcoming in the performance of the contract is attributable to the traveller; or b. the shortcoming in the performance of the contract was attributable to a third party who was not involved in the delivery of the services in the travel package which could not be foreseen or avoided; or c. the shortcoming in the performance of the contract was caused by an event which could not be foreseen or averted, despite all due care and attention exercised by TravelBird or the supplier of the contracted services in question; or d. the shortcoming in the performance of the contract was caused by force majeure as referred to in Article 14.4. 4. Force majeure is defined as unusual and unforeseeable conditions which are beyond the control of the person who invokes it and with consequences that could not be avoided despite the exercise of all due care.
Article 15 Help and assistance 1. a. Depending on the circumstances, TravelBird is obliged to provide the traveller with help and assistance if the travel package does not meet the expectations which the traveller could reasonably have had on the basis of the contract. If the traveller requires the assistance of TravelBird, he/she is required to contact TravelBird immediately at the location during office hours. The costs thereof will be borne by TravelBird if and insofar as the shortcoming in the performance of the contract is attributable to TravelBird in accordance with Article 14.3. b. If the cause is attributable to the traveller, TravelBird is required only to provide help and assistance insofar as can reasonably be expected of it. In such cases the costs will be borne by the traveller. 2. If the travel package does not meet the expectations that the traveller could reasonably have had on the basis of the contract because of circumstances which are attributable to neither the traveller nor TravelBird, each party will bear its own resulting expenses, costs and loss. For TravelBird, this will include the deployment of extra manpower; for the traveller it will include additional accommodation and repatriation costs.
Article 16 Exclusions and restrictions to the liability of TravelBird
- a. If a service included in the vacation package is subject to a convention, decree or law which excludes or limits liability on the part of TravelBird, the liability of TravelBird is excluded or limited accordingly. b. Similarly, TravelBird is not liable if and inasmuch as the traveller is able to recover his/her loss under an insurance policy, such as a travel insurance and/or cancellation costs insurance.
- In the event that TravelBird is liable to the traveller for loss of travel enjoyment, the payment will be limited to one time the travel sum.
- Without prejudice to the provision in the previous paragraphs of this article, the liability of TravelBird for loss other than loss caused by the death of or injury to the traveller will be limited to three times the travel sum, except in cases of intent or gross negligence on the part of TravelBird. In such cases TravelBird’s liability is unlimited.
- The liability exclusions and/or limitations for TravelBird contained in this article likewise apply to TravelBird employees and the service providers involved, as well as their staff, unless excluded by a convention, decree or law.
Article 17 Obligations of the traveller
- The traveller(s) is/are obliged to comply with all instructions of TravelBird in order to promote proper performance of the travel package and is/are liable for damage caused by improper behaviour on his/her/their part, to be evaluated according to the behaviour of a reasonable traveller.
- a. A traveller who causes or could cause hindrance or nuisance to such an extent that good performance of a travel package contract is or could be seriously compromised may be excluded from the travel package or the rest of the vacation by TravelBird, if TravelBird cannot be reasonably required to fulfil the contract. b. All costs arising from a situation as described in Article 17.2a will be borne by the traveller, if and inasmuch as the consequences of hindrance or nuisance can be attributed him/her. If and inasmuch as the cause of the exclusion cannot be attributed to the traveller, he/she will be reimbursed the travel sum or part thereof.
- The traveller is obliged to avoid or limit damage as much as possible, in particular by complying with his/her reporting obligation as described in Article 18.1.
- Each traveller is required to ascertain the exact departure time for the return journey, if applicable, from the local service provider, no later than 24 hours before the indicated departure time.
Article 18 Complaints during the travel package
- A shortcoming in the performance of the contract as referred to in Article 14.2 must be reported as quickly as possible on site, so that a solution can be sought. The traveller is required to report – in the following sequence – to the service provider in question, the local travel representative or, if he/she is not present or available, TravelBird. A shortcoming that is not resolved and which negatively affects the quality of the travel package must in any event be reported immediately to TravelBird in the Netherlands.
- TravelBird will supply information regarding the procedure on site, the contact details and availability of the persons in question.
- If the traveller does not comply with the obligation to communicate a complaint, and the service provider or TravelBird are subsequently denied an opportunity to resolve the shortcoming, any entitlement to compensation for loss may be lost, limited or excluded.
AFTER THE TRAVEL PACKAGE
Article 19 Complaints after the travel package
- If a complaint has not been resolved satisfactorily, it must be submitted in writing to TravelBird with details within a maximum period of one month after the end of the travel package (or service used), or the latest on the original departure date, if the travel package has not gone ahead.
- If the complaint concerns the conclusion of a contract, it must be submitted within one month of the end of the travel package.
- TravelBird will not process a complaint which is not submitted in good time, unless the traveller cannot reasonably be blamed for this. TravelBird will notify the traveller thereof in writing or electronically.
Article 20 Disputes and applicable law
- This Agreement will be governed by and construed in accordance with Dutch law.
- Any dispute arising in connection with this Agreement or any agreement resulting therefrom will be submitted to the exclusive jurisdiction of the competent court in Amsterdam, The Netherlands.
B: BOOKING TERMS AND CONDITIONS The introduction to TravelBird Consumer Terms and Conditions (Travel and Booking Terms and Conditions) states when the following Booking Terms and Conditions are applicable.
CONTENTS Article 1 Introductory provisions Article 2 The booking in general Article 3 The booking order Article 4 Payments Article 5 Liability Article 6 Documents Article 7 Interest and collection costs Article 8 Complaints Article 9 Disputes and applicable law
Article 1 Introductory provisions 1. The following terms are defined as follows in these TravelBird Booking Terms and Conditions: Booking: the contract between the traveller and TravelBird, whereby TravelBird makes a commitment to the traveller to provide services in the area of travel, in the broadest sense of the word. Service provider: the transporter, the accommodation provider, the tour operator and/or other service providers in the area of travel, all in the broadest sense of the word, with which the traveller enters into a contract and which, with due observance of the applicable terms and conditions, is responsible for the performance of the service. TravelBird: qualifies as travel agent for these Booking Terms and Conditions (B). Travel agent: a person who advises, informs and mediates in the conclusion of contracts in the area of travel, in the exercise of his/her business. Traveller: a. the client (booking party) who has booked the travel product via TravelBird or b. the person on whose behalf the services delivered by TravelBird have been contracted, and who has accepted this contract. Working days: Monday to Friday from 9:00 to 17:30 CET, and Saturday from 10:00 to 16:00 CET with the exception of official public holidays, unless other opening times are explicitly stated by TravelBird. 2. TravelBird is a provider of the travel services which it directly provides. It informs, advises and makes bookings as an intermediary between the traveller and the service provider. TravelBird delivers these services upon the instructions of the traveller. The TravelBird Booking Terms and Conditions are applicable to all forms of services for which TravelBird acts as the travel agent or intermediary and does not enter into a contract for the provision of any travel services other than those which TravelBird directly provides and to which the Travel Terms and Conditions do not apply. See also the introduction to the TravelBird Consumer Terms and Conditions. 3. If the traveller books a travel package with TravelBird to which the Travel Terms and Conditions apply, these Travel Terms and Conditions apply to the entire process: from advice to completion of the travel package. If TravelBird organises trips under its own name, it is the designated tour operator for that trip. The Travel Terms and Conditions similarly apply to that trip. See Travel Terms and Conditions above. 4. TravelBird can make a booking for the traveller in its capacity as travel agent or intermediary. It brokers a contract between the traveller and the service provider selected by the traveller. TravelBird itself is not a party to the contract. It can, for example, book flights, train tickets, theatre tickets and hotel rooms, and take out insurance for the traveller. 5. TravelBird is not liable for the correct performance of services booked through TravelBird. These services are subject to the terms and conditions of the respective service provider, for example, the airline or hotel. TravelBird is, of course, responsible for the correct performance of its own services, such as advice and the administrative handling of bookings. 6. TravelBird may charge a fee for its services, provided the client is informed thereof in advance.
Article 2 The booking in general 1. The booking can consist, amongst other things, of information and advice for the traveller, and if possible, of booking the services desired by the traveller on the traveller's behalf 2. Once the booking has been issued, the client is bound to TravelBird and the service provider, irrespective of whether immediate confirmation is provided. 3. Usually the client is provided with confirmation immediately, in which case said confirmation is deemed proof of the contract described therein. 4. If the booking confirmation cannot be issued immediately and is sent later, a contract will still be formed unless the traveller objects in writing within 2 working days of receipt of the confirmation. 5. If a booking is made via the internet, TravelBird will structure the process in such a way that the traveller is informed before acceptance that he/she is entering a contract and is informed of the applicable terms and conditions. The traveller is bound by this contract from the moment the booking is confirmed by TravelBird. 6. The client is wholly liable to both TravelBird and the service provider for the obligations arising from the order. The other travellers are liable for their share of the agreed service provision.
Article 3 The booking order 1. Client's obligation to provide information The client shall provide TravelBird with all the necessary information on him/herself and any other travellers that is required for the conclusion and performance of the contract. This includes his/her/their mobile telephone number(s) and email address(es), if available. The client shall provide information on his/her own physical and/or mental health and on the physical and/or mental health of the travellers for whom he/she has made a booking and other relevant – including medical – aspects as well as limited mobility, or the necessity for accompaniment of minors and/or disabled travellers, pregnant women, persons who are ill and other co-travellers. If the client fails to meet his/her information obligation, he/she shall bear any subsequent negative financial consequences. 2. Price adjustments The prices of booked services may be adjusted in accordance with the terms and conditions of the service provider. These adjustments will be reported and charged on as quickly as possible. 3. Cancellation/changes instigated by the client Cancellations of or changes to issued order(s) can be carried out only on working days and at the sole request of the client. If, at the request of the client, a cancellation is carried out or changes are made to existing reservations, the incurred costs will be charged. These may consist of costs incurred by TravelBird to implement the cancellation or change in addition to the cancellation or amendment fees charged by the service provider. 4. All notifications from TravelBird or service provider will be addressed only to the client.
Article 4 Payments
- The traveller is required to settle the amounts owed within the period indicated by TravelBird. TravelBird is authorised to collect the amounts owed, if necessary on behalf of and for the account of the service provider(s) in question.
- TravelBird may require a deposit when issuing the order(s).
- The outstanding amount must be received by TravelBird no later than the date stated in the confirmation.
- If the payment/deposit is not effected or does not arrive in time, TravelBird will send the traveller a payment reminder free of charge, giving him/her a further 14-day period to make the payment. If payment has still not been effected by that time, the contract will be deemed to have been cancelled, unless otherwise stipulated in the terms and conditions of any service providers involved. At that point, TravelBird is entitled to charge the cancellation costs or to clear them against the deposit(s) received.
- Any reimbursements shall be made solely to the client.
Article 5 Liability
- TravelBird will exercise reasonable skill and care in the performance of its activities.
- TravelBird accepts no liability for actions and/or omissions by the service provider(s) involved as referred to in Article 1.1, nor for the accuracy of the information provided by this/these service provider(s). TravelBird accepts no responsibility for photos, pamphlets, advertisements, websites and other information carriers, inasmuch as these have been compiled or published by third parties.
- Inasmuch as TravelBird itself fails attributably and the traveller suffers loss as a result (including loss of travel enjoyment), the liability of TravelBird will be limited to no more than the services invoiced by TravelBird. TravelBird does not, however, limit or exclude any liability it may have for death or personal injury arising from the negligence of itself or its employees.
- Liability for loss against which the traveller is insured (for example, by taking out travel and/or cancellation insurance or health insurance) and liability for loss suffered by the traveller in the context of the exercise of a profession or the operation of a business (including loss resulting from missing connections or not arriving on time at the destination) are excluded.
- TravelBird is not responsible for any promises made by its staff or third parties which manifestly differ from the conditions stated in these terms and conditions or in the terms and conditions of the service provider responsible, unless such promises are confirmed subsequently in writing.
- The exclusions and limitations of liability contained in this article also apply for the staff of TravelBird.
Article 6 Documents 1. TravelBird shall provide general information on passports and visas relating to British citizens holding a British passport no later than the date upon which the contract is concluded. 2. The traveller is personally responsible for obtaining any necessary additional information from the relevant authorities and for ascertaining in good time prior to departure whether any interim changes have been made to this information. 3. The traveller is personally responsible for having the necessary travel documents in his/her possession, such as a valid passport or, where permitted, an identity card and any necessary visas, proofs of immunisation and vaccination, driving licence and green card. 4. If the traveller is unable to undertake all or part of the travel package as a result of not being in possession of a valid document, any and all consequences thereof shall be at the traveller's expense, unless TravelBird has undertaken to arrange the document in question, and its absence can be imputed to TravelBird, or if TravelBird has failed to comply with its information obligation under Article 5.1. 5. TravelBird will advise the traveller in advance on taking out travel insurance and cancellation insurance.
Article 7 Interest and collection costs
- A traveller who has not met his/her financial obligations to TravelBird on time shall owe the statutory rate of interest on the outstanding sum, unless a higher rate of interest is stipulated in the terms and conditions of the service provider.
Article 8 Complaints 1. Complaints concerning a booking made by TravelBird and/or advice and information provided by TravelBird must be submitted to TravelBird within one month after the traveller takes cognizance of the facts to which the complaint relates.
Article 9 Disputes and applicable law 1. This Agreement will be governed by and construed in accordance with Dutch law. 2. Any dispute arising in connection with this Agreement or any agreement resulting therefrom will be submitted to the exclusive jurisdiction of the competent court in Amsterdam, The Netherlands.
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Article 1 - The offer 1. When the offer has limited validity or falls under specific conditions, this will be specifically mentioned in the offer. 2. The offer provides a complete and accurate description of the offered products and/or services. The description provides sufficient details for a good evaluation of the offer by the consumer. The pictures used on TravelBird website are in truthful image of the offered products and/or services. Mistakes in the offer and/or description of the offer and/or images are not binding to TravelBird and TravelBird can never be held liable for this. 3. Every offer provides enough information to give the consumer a clear image of his or her rights and duties, binding to the agreement of the offer. Generally this applies to: a. The price of the offer; b. The price of potential taxes the consumer has to pay; c. The price of potential additional costs; d. The price of avoidable costs; e. The potential usage of the right to withdrawal; f. The payment method and realisation of the agreement; g. The period of accepting the offer, as well as the amount of time for which TravelBird guarantees the price.
Article 2 - The agreement
- TravelBird is a mediator between the provider and the consumer. In all cases, the provider of the products and/or services has to follow up the agreement finalised on the TravelBird website(s).
- The consumer is responsible for providing correct personal and payment information. TravelBird cannot be held responsible in case when the consumer provides incorrect information.
- The consumer has to be aged 18 years or over to book an offer with TravelBird.
- When the terms and conditions of the provider do not correspond with the TravelBird terms and conditions, it will be mentioned in the offer.
- Agreement to the offer becomes definitive when the consumer fills in his or her personal and payment information on the website. TravelBird confirms receipt of the agreement electronically.
- Personal and payment information will be sent to TravelBird Head Office in the Netherlands electronically, where the order will be executed.
Article 3 - Withdrawal 1. The offers of accommodation, transfer, restaurant or recreation on a certain date or during a certain period in time, are excluded from the right of withdrawal by the consumer.
Article 4 - Cancellation and/or modification by the consumer 1. Cancellation of flight tickets is not allowed according to the terms and conditions of the airlines. When the consumer wants to cancel or change his/her flight, the consumer has to contact the concerned airline. 2. In case of cancellation, the consumer will never get a refund on the booking fees. With multiday activities, the cancellation conditions of the hotel or holiday centre will apply. These costs can reach up to 100%. 3. When the consumer wants to change or cancel their booking of an accommodation, he/she has to contact the customer service. This can only be done via email between the hours of 08:00 and 16:00 on working days only. When the consumer contacts customer service after 16:00, the next day will count as the day of cancellation. 4. TravelBird does not give any guarantee concerning modification of data. Changes will be made in consideration with the provider. The consumer will cover potential costs. 5. If the reason for cancellation is covered by insurance that the consumer took out for the booking, it is possible to request a refund of the cancellation costs from the insurance company. The cancellation terms mentioned above will not apply in that case.
Article 5 - Cancellation and/or modification by TravelBird 1. TravelBird reserves the right to cancel the booking before it is complete at any time, when the consumer does not provide TravelBird with relevant information about his or her self or about other people involved in the booking. 2. If the booking cannot proceed, TravelBird will let the consumer know immediately. 3. In case of overbooking or bankruptcy of the provider, TravelBird will provide the consumer with a sole alternative. If the consumer does not agree to the alternative, TravelBird will cancel the booking for free. 4. In the event of force majeure, TravelBird is not obligated to provide an alternative and/or compensation.
Article 6 - Price and Payment 1. Negotiation about prices mentioned on the website is not possible. Misprints and mistakes are not binding. 2. Payments have to be made directly on the website, unless the offer says otherwise. To book and pay for a deal, the consumer has to check the availability first. After that, the consumer has to click on an available date and fill in their personal information. Lastly, the consumer has to accept the payment method and the terms and conditions, and complete the payment. 3. Payments can be made via Paypal, MasterCard and Visa card. 4. When the consumer choses to pay in instalments, the booking can be cancelled when the payment is over-due. Payments that were already made can potentially be refunded, depending on the cancellation conditions. The booking fee will never be refunded when the payment is overdue. 5. TravelBird will not be held liable for additional costs of luggage, foreign transactions, visas, vaccinations and other costs, which are not mentioned as inclusive in the offer.
Article 7 - Complaints
- If the consumer has a complaint about the accommodation and/or trip, the consumer should first mention this to an employee of the accommodation and/or trip. When the problem cannot be satisfactorily resolved on location, the consumer has to contact TravelBird customer service.
- In case of complaints, the consumer can contact the costumer service by phone on 0203 514 7007. Furthermore, the consumer can email the customer service at firstname.lastname@example.org or send a complaint letter to TravelBird B.V., Keizersgracht 277, 1016 ED Amsterdam, The Netherlands.
- Consumers can file a complaint within 72 hours after return. TravelBird will strive to provide a suitable response within 15 working days.
- If the complaint was solved during the consumer’s stay at the accommodation/trip, TravelBird will not provide any compensation if the consumer files the complaint after the trip/accommodation.
Article 8 - Practical Information
- Passport requirements: A valid passport if required for all bookings made with TravelBird. Specific passport, visa and other requirements are exclusively the responsibility of the consumer. These requirements can be checked with the relevant embassy or consulate. TravelBird will not held liable if the consumer does not meet the passport requirements. Residents of the European Union can travel within the European Union with a valid ID.
- Travel insurance: TravelBird does not provide travel insurance. It is strongly recommended that you get travel insurance that covers the whole length of the trip.
- Health: Depending on the booking, specific health services can be obligatory. It is strongly recommended to visit a doctor or a pharmacy for health information before the concerned trip. TravelBird is not held liable for health problems that may occur during/at the trip/accommodation.
TravelBird B.V. is a limited liability company. It is registered at the Dutch Chamber of Commerce, registration number 32169836.