Terms and Conditions Mosaic Travels (version 1 January 2024
Organizer: Mosaic Travels registered under Chamber of Commerce number 84086785
Traveler: any person who enters into an agreement with the Organizer regarding a Trip and any person who, under the agreement, has the right to travel;
Travel Service: the services that are part of the trip, such as passengertransport, carrental, accommodation and excursions.
Travel Service Provider: the service provider that performs a part of the Trip, such as accommodationproviders, carriers, external guides, etc..
Agreement: the agreement relating to the booked Trip, including these Terms and Conditions.
In writing: in writing or electronically, including by e-mail.
Terms and Conditions: these general terms and conditions.
Package Tour: a package tour within the meaning of the law.
Trip: a Package Tour or if the Terms and Conditions have been declared applicable to it a single Travel service.
Working days: Monday to Friday, with the exception of public holidays recognized in the Netherlands, within working hours (9 AM – 5 PM Dutch time).
Article 2 – Applicability Terms and Conditions
These Terms and Conditions apply to all package Tours offered by the Organizer or agreed with the Organizer Pakketreizen.
These terms and conditions may also be declared applicable to Travel Services that do not constitute a package tour. Title 7a of Book 7 of the Dutch Civil Code containing rules on package tour agreements is not applicable in that case. For these Reisdiensten, there is no protection in the event of insolvency of the Organizer, unless it is explicitly stated in the offer which party provides cover and this follows from the guaranteeen dit volgt uit de garantie– or insurance conditions.
2.3 Deviating and additional conditions
Deviating and additional conditions must be agreed Schriftelijk te worden overeengekomenen hebben voorrang boven deze Voorwaarden.
Article 3 – Formation Agreement
The offered Trip includes only the services and facilities that are expressly described in the offer and publications of the Organizer. Information in publications of Travel service providers are not part of the offer, regardless of whether a link to it is included in the Organizer’s offer.The stated travel duration is indicated in whole days, with the day of departure and arrival being counted as whole days.
The offer from the Organizer is non-binding and can be revoked by the Organizer until 5 PM on the next Working Day after acceptance.
The Agreement is concluded zodra de Reiziger het aanbod van de Organisator accepts and subject to availability of the Trip.
Obvious errors in the offer do not bind the Organizer. If there is reason to doubt, the Traveler must inquire.
No rights can be derived from preferences that the Traveler passes on, unless the Organizer has confirmed in Writing to comply with the preference. The mere mention as a preference on travel documents and the bookingconfirmation is insufficient for this.
If the Traveler at the time of booking medical requirements or other weighty interests as ‘requirement’ makes known to the Organizer, the Organizer will assess whether it can meet these. If the Organizer cannot or does not want to meet the requirements, the Agreement will not be concluded. The Organizer may implement a price change in connection with the stated requirements.
3.7 Confirmation of the booking
After booking the trip and checking availability, the Organizer will send a booking confirmation.
A booking of the Trip is final. The Traveler has no right to revoke the Agreement.
The Traveler who books the trip must be of age.
3.10 Booking for other Travelers & communication
The Traveler who books for other Travelers books, is jointly and severally liable for all obligations arising therefrom. The other Travelers are each liable for their own part. The confirmation, helping invoice, the travel documentsand all other communication is only sent to the Traveler who makes the booking. The Traveler who books the Trip for others is obliged to provide relevant personal circumstances of those other Travelers at the booking door te geven. De Reiziger die books the Trip for others, is obliged to inform that other Travelers to provide these Terms and other relevant communication. The Traveler who books the trip indemnifies the Organizer against damage resulting from non-compliance with the above obligations.
Article 4 – Information by the Organizer
Prices quoted are per person, unless explicitly stated otherwise.
4.2 Information by the Organizer at the time of booking
When booking or immediately afterwards, the Organizer provides the Agreement to the Traveler including the accepted preferences of the Traveler and information tailored to the Dutch nationality about the required travel documents (passports, visas, etc.) and any health formalities.
The Traveler must gedurende de Reis te beschikken over de noodzakelijke reisdocumenten, zoals een paspoort, visa, vaccinatiebewijzen, etc.. Gelet op het grote belang hiervan, dient de Travelerr bij de officiële instanties te controleren whether the information is complete and up-to-date. The Traveler must check before booking the Reis whether there is sufficient time or er voldoende tijd to obtain the necessary travel documents. Ifthe Traveler cannot take the Trip or cannot fully take the Trip due to the lack of the correct travel documents, the costs are borne by the Traveler.
The travel documents (transport tickets, vouchers, etc.) will be sent to the Traveler no later than 7 days before departure, unless the invoice has not yet been paid in full. If the Traveler has not received the travel documents 5 days before departure, they must immediately inform the Organizer.
4.5 Informatie over verzekeringen
The Organizer points deny the Traveler to the possibility to take out cancellation insurance and travel insurance. The Organizer can obligate if the Traveler is informed before booking has been informed.
Article 5 – Information by the Traveler
5.1 Relevante informatie van de Reiziger(s)
Before booking, the booking Traveler provides all relevant information about the registered Travelers. In particular, information that may affect the health or safety of the Traveler or others. If the information provided is incorrect or incomplete, the Traveler may be excluded from participation. lname. The Traveler is then the cancellation costs in accordance with article 9 paragraph 2 [cancellation costs] due. Other costs are also borne by the Traveler.
5.2 Reduced mobility, pregnant women and illness
Travelers with reduced mobility and their companions, pregnant women and Travelers with an illness that may affect the Trip must report this to the Organizer when entering into the Agreement or in any case as soon as possible nadat de Reiziger hiermee bekend isin connection with any consequences for the Trip and in particular air transport. These Travelers must verify with the carrier themselves whether a medical certificate is required to be allowed to travel.
The down payment is 20% van de reissom plus het volledige bedrag van eventuele vliegtickets. De aanbetaling dient binnen 14 dagen na de boeking te zijn ontvangen.
The remainder of the travel sum mustbe paid no later than 6weeks before the start of the Trip to be fulfilled. When booking within 6 weeks before the start of the Trip mustthe full travel sum immediately after the booking be paid. In any case the entire payment must be made before the start of the Trip to be received.
If the Traveler does not pay within the agreed period, the Traveler is in default without any further notice of default being required is vereist in verzuim en is over het openstaande bedrag de wettelijke rente verschuldigd.
The Traveler must extrajudicial collection costs pay if they have not paid within the final payment term set via a Written reminder. The extrajudicial collection costs are: 15% of the amount claimed up to €2500, 10% over the subsequent €2500, 5% over the subsequent €5000 and 1% over the excess.
6.5 Further consequences of failure to pay
As long as the Traveler has not paid, the Organizer can withhold the travel documents. to retain Indif payment also after reminder fails to materialize or if payment has not been made before the start of the trip, the Organizer can exclude the Traveler from participation. The obligation to pay remains. Instead of excluding the Traveler from participation kan de Organisator de Overeenkomst annuleren en de daarvoor verschuldigde annuleringskosten zoals bepaald in [article 9 paragraph 2] bij de Reiziger in rekening brengen.
7.1 Conditions and notification
A Traveler can transfer the Trip to another person. The other person must compls with all the conditions attached to the Travel associated conditions. Transfer is only possible insofar as the conditions of the Travel Service Provider involved allow this. If airline tickets are part of the Trip transfer of the airline tickets is often not possible. Transfer of the Trip is then possible if – at the Traveler’s expense – newe flights will be booked. The Traveler requests the Organizer to substitute the person no later than 7 days before the Trip.
7.2Joint and several liability and extra costs
The Traveler and the person who takes over theTrip are jointly and severally liable for the payment of the travel sum and additional costs arising from the substitution, including modification costs.
Article 8 – Change at the request of the Traveler
The Traveler who booked the Trip, can request the Organizer to change the Agreement.The O rganizer is not obliged to do so. verplicht. The Organizer will inform the Traveler of the new travel sum. If the Traveler agrees with the costs of the change zijn the new travel sum and modification costs are due. If the new travel sum is lower than the original travel sum, wordt het verschilverrekend met de verschuldigde wijzigingskosten.
8.2Changing the departure date
Unless the Organizer indicates that a rebooking is involved, the change of the departure date constitutes the cancellation of the existing agreement and the conclusion of a new agreement. The cancellation policy of article9 [cancellation costs] applies to the canceled agreement .
8.3 Roommate
If a friend or family member cannot make a trip, that place will be filled by a new traveler. The old traveler will then get a new roommate. Because a double room has been booked. There can never be a guarantee as to who your roommate is. If possible, a single room can be considered, but a single supplement must be paid.
Article 9 – Cancellation by the Traveler
The Traveler can cancel the booking before the start of the Trip annuleren. Cancellation must be done in Writing. The date on which the cancellation is received by the Organizer applies as the moment of cancellation. Upon receipt after 5 PMh or outside Working Days outside of working days the next W Working day is considered the date of receipt.
If a flight is included in the Trip, the Traveler owes the following amounts upon 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 of 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 Traveler owes 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 travel sum;
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.
9.3Reduction in the number of travelers
If the number of Travelers is reduced within one booking, the Organizer may, at its option, charge the following as cancellation costs:
9.4Cancellation costs for cancellation after a rebooked trip
It may happen that the Traveler and Organizer rebook the trip to a later date. If the Traveler cancels the rebooked trip, the cancellation costs amount to at least the amount that would be due if canceled on the date of rebooking.
(example: 14 days before the start of the original trip, the trip is rebooked to 1 year later. 6 months before the start of the rebooked trip, the traveler cancels because he no longer wishes to travel. The cancellation costs would amount to 20% of the travel sum according to article 9.2. The cancellation costs would be 75% of the travel sum if canceled on the date of rebooking. In this case, 75% of the travel sum applies as cancellation costs.)
9.5Travel credits that have been issued out of goodwill
If a Trip is canceled by the Traveler and a travel credit is granted out of goodwill, the following applies (unless other conditions are communicated by the Organizer):
– the travel credit must be spent within one year of the travel credit being granted.
–the new trip must have commenced within two years of the travel credit being granted.
– the travel credit is tied to the Traveler and is non-transferable.
– the travel credit can only be used for the same Trip at a later time.
–if the trip is more expensive at a later time, the price difference will be charged to the Traveler.
–if the Traveler cancels the Trip that is booked with a travel credit granted out of goodwill the travel credit expires.
The Organizer can increase the travel sum up to 20 days before the start of the Trip as a result of price changes in:
– costs of fuel or other energy sources, or;
– taxes or fees levied by third parties not directly involved in the execution of the Trip. The Organizer can include in the Agreement that it can increase the travel sum up to 20 days before the start of the Trip the travel sum can increase based on changes inexchange rates. In helping Ogreement the method of price recalculation based on the exchange rate must be included.
If the price increase is more than 8% of the travel sum, can the Traveler terminate the Agreement and the Traveler will receive the paid travel sum back.
If the right to increase the price has been agreed,, the Traveler has a corresponding corresponding right to price reduction. An administration fee of 30 euros will be deducted from the amount due to the Traveler.
10.4 Promotions
Mosaic Travels reserves the right to offer discounts that do not apply to previous bookings.
Article 11 – Wijziging door de Organisator
The Organizer can voor aanvang van de Reis eenzijdig kleine wijzigingen in de Reis doorvoeren. The Reiziger wordt hiervan informed.
If necessary, the Organizer before the start of the Trip fundamentally change the main characteristics fundamentally change. This also includes offering an alternative Trip. The Travelercan accept the change or terminate the Agreement without payment of cancellation costs. In the event of termination, the travel sum paid by the Traveler will be refunded. The Organizer can give the Traveler a reasonable period to state within which the Traveler must make his choice clear.If the Agreement is not terminated within the set period, the change applies as accepted and the right to termination lapses.
Article 12 – Annulering door de Organisator
12.1Annulering i.v.m. minimale aantallen
The Organizer can de Overeenkomst vóór aanvang van de Reis annuleren if the number of registrations is less than the minimum number stated in the Agreement minimumaantal en de Reiziger op de hoogte wordt gebracht, at the latest:
– 20 dagen voor aanvang van de Reis bij een Reis van 6 dagen of meer.
– 7 days before the start of the Trip for a Trip of 2 to 6 days.
– 48 uur voor aanvang van de Reis bij een Reis van minder dan 2 dagen.
12.2 Annulering i.v.m. overmacht
The Organizer can cancel the Agreement before the start of the Reis annuleren if the Organizer cannot perform the agreement due to unavoidable and extraordinary circumstances.
12.3 Terugbetaling betaalde reissom – geen schadevergoeding
In the above cases, the Organizer already received amounts within 14 days back and no compensation is due. Not reimbursed are costs incurred by the Traveler for services that fall outside the Agreement, such as vaccinations, visas, purchase of materialssuch as vaccinations, visas, purchase of materials, insurance and, if not included in the Trip, the flight, tickets, accommodation, etc..
12.4 Annulering door toedoen van de Reiziger
If the Traveler does not meet the pre-set participation requirements or if incorrect or incomplete information about the Traveler has been provided, can de Organisator de Overeenkomst annuleren. De Reiziger is dan annuleringskosten zoals bepaald in [artikel 9 lid 2] verschuldigd.
12.5 Refusal of traveler
Mosaic Travels has the right to refuse a person if there is a fear that that person will affect the group atmosphere.
Article 13 – Responsibility shortcomings
13.1 Proper execution of the Trip
The Organizer is responsible for the execution of the agreed Travel services, regardless of whether these are provided by the Organizer itself or by another Travel service provider . The Organizer must execute the Agreement in accordance with the expectations that the Traveler could reasonably have based on the publications, the Agreement and the circumstances at the travel destination.
13.2 Wijzigingen in reisschema en reistijden
The Organizer will inform the Traveler of changes to the itinerary. If the Organizer is not aware of the place of residence, the Traveler will only be informed at the e-mail address or mobile telephone number known to the Organizer.
13.3 Traveler’s obligation to report complaints
The Reiziger stelt de Reisdienstverlener en de Organisator in line with article 17 [klachten]immediately in kennis van gebreken of problemen bij de uitvoering van de Reisdiensten.
13.4 Solution by the Organizer
The Organizer ensures that shortcomings are resolved. A shortcoming does not have to be resolved if this is impossible or entails disproportionately high costs. this is impossible or this involves disproportionately high costs.
If the shortcoming cannot be resolved, the Organizer (or Travel service provider) consult with the Traveler and, where appropriate, arrange a compensation or alternative. The Traveler is not entitled to compensation or an alternative if the shortcoming is attributable to the Traveler.
Article 14 – Help and assistance
The Organizer provides the Traveler with help and assistance if the Traveler is in difficulty, in particular by providing good information on medical services, local authorities and consular assistance and by helping Traveler Traveler with the use of remote communication and finding alternative travel arrangements.
The Organizer charges a reasonable fee for the help and assistance if the difficulties arose due to intent or negligence on the part of the Traveler.
Article 15 – Attribution, force majeure and exclusions of liability
15.1 Attribution force majeure
The Traveler is not entitled to compensation for damage suffered by the Traveler as a result of a shortcoming that is due to:
a. the Traveler;
b. third parties not directly involved in the execution of the Agreement and the shortcoming could not be foreseen or prevented, or;
c. unavoidable and extraordinary circumstances.
Any liability of the Organizer for damage is limited to three times the travel sum, unless the damage results from death or personal injury to the Traveler or the damage is caused by intentional or negligent action on the part of the Organizer.
15.3 Exclusion of liability under treaty or EU regulation
If the Organizer is liable for any damage, including damage resulting from death or personal injury to the Traveler, this liability will be limited or excluded to the limits permitted under the applicable international treaties and/or EU regulations relating to the individual Travel services.
The Organizer is not liable for damage that is covered by insurances, such as health, travel, event, of annuleringsverzekeringen.
Any claim of the Traveler for compensation for damage and other claims of the traveler expire two years after the Trip has taken place. If the Trip did not take place, it expires two years after the planned date of commencement.
Without prejudice to the limitation period and the obligation to complain in good time it applies that any claim of the Traveler for compensation of damage three years after the start date of the Trip expires.
The Traveler is not entitled to double compensation. If the Traveler is entitled to compensation under international treaties or EU regulations, the Traveler will not also receive compensation under this Agreement.
Article 16 – Verplichtingen Reiziger
16.1 Behavior and following instructions
The Traveler must behave as a reasonably acting Traveler and is obliged to follow all instructions from the Organizer and the Travel service providers.
16.2 Consequences of non-compliance – exclusion from participation
In the event of non-compliance with instructions or if a Traveler causes nuisance, can helping Organizer/Travel service provider deny the Traveler further participation in the Trip partially or completely. The Traveler has thenno right to refund of funds. Further costs incurred as a result will be borne by the Traveler.
Before the Traveler is excluded from participation, the Traveler will first receive a verbal or written warning. A warning is not required if this gegeven de omstandigheden niet op zijn plaats is.
16.4Liability traveler and indemnification
The Traveler is liable for damage caused by his behavior, the failure to comply with the obligation in this article or damage that otherwise must be attributed to him. The Traveler indemnifies the Organizer against claims from Travel service providers involved in the Trip, other Travelers or third parties for damage caused by the Traveler or must be attributed to him.
16.5 Check time of return journey
The Traveler must, no later than 24 hours before the scheduled start of the return journey, verify the exact time of departure.
16.6 Formal health requirements
The Traveler must comply with all health requirements applicable at the destination (and transit countries). Governments may change these requirements without notice. The consequences of these changes are within the sphere of risk of the Traveler.
16.7 Measures by Travel Service Providers
Travel service providers may take all reasonable measures and require cooperation from Travelers, including for the prevention and control of disasters, to limit health risks‘s, to prevent damage or to comply with government regulations. Failure to comply with the measures or instructions may result in the Traveler being denied the Travelservice and access.
The Traveler must handle provided materials with care. Upon receipt, the Traveler must check these items and report any defects immediately. The Traveler is liable for damage, loss or theft of the material made available.
Before the start of the Travel, the Organizer will provide the contact details for emergencies.
If the Traveler believes that the Travel is not being properly executed, he/she must report the problem or defect immediately to the relevant Travelservice provider so that they can offer a solution offerand. If tour management from the Organizer is present on location, the complaint must also immediately be reported to the tour management be reported. If there is no tour management on location, the complaint must also be reported to the Organizer. This notification can be made via [Whatsapp, SMS text message, by telephone or on Workdays during Dutch office hours(9-17h) also by e-mail].
The Traveler must limit any communication costs, including by using internet calls, WhatsApp and e-mail.
17.4 Report unresolved complaints after returning
All complaints that, according to the Traveler, have not been fully resolved or compensated during the Travel, must be submitted to the Organizer in writing within two months after the Travel, in writing and with reasons.
17.5 Consequences of not or not timely reporting the shortcoming or complaint
Subordinates, auxiliary persons and other third parties involved in the execution of the Agreement may invoke the provisions of the Agreement and these Conditions (including the exclusions of liability) towards the Traveler.
If mandatory law prevents the validity of a provision in these Conditions or if a provision is annulled, that provision is deemed to have been converted into a valid provision that comes as close as possible to the original intention in terms of content and scope. Approuch.
Dutch law applies exclusively to the offer, the Agreement and the execution of the Agreement, unless this is contrary to mandatory law.
If the consumer lives outside the Netherlands at the time of booking, the following applies: Despite the choice of law, the consumer is entitled to the protection offered to him by the mandatory law of his country of residence if(cumulatively):
– the Organizer directs the commercial activities for the agreed Travel to the country where the consumer resides, and;
– the agreed travel services are partially or wholly performed in that country.
The court within whose jurisdiction the Organizer’s place of business is located, has exclusive jurisdiction to hear disputes regarding the Agreement and anything related thereto, unless this is contrary to mandatory law. The Organizer is also permitted to summon the Traveler to court in her place of residence.
VZR GARANT
General terms and conditions for travel agreements.
Guarantee arranged | VZR Garant
The combination of travel services offered to you is a package tour within the meaning of the Package Travel Directive (EU) 2015/2302 [if a package tour is involved]. This means that you can claim all EU rights that apply to package tours.
To comply with the legally required guarantee, Mosaic Travels uses VZR Garant. VZR Garant is a recognized guarantee scheme.
Should Mosaic Travels become financially insolvent before the end of your booking, VZR Garant will, depending on the situation, ensure that you get your booking amount back, you can continue your booking or be repatriated. You can find the terms of the guarantee scheme on the VZR Garant website (www.vzr-garant.nl).
Mosaic Travels has therefore provided itself with protection against insolvency with VZR Garant. If services are not provided due to insolvency of Mosaic Travels, you can contact VZR Garant, located at Torenallee 20, 5617 BC in Eindhoven, the Netherlands, via info@vzr-garant.nl or +31 (0)85 13 07 630.
English:
Guarantee arranged | VZR Garant
The combination of travel services offered to you constitutes a travel package within the meaning of the Package Travel Directive (EU) 2015/2302 [if a travel package is involved]. This means that you are entitled to make claims under all EU legislation applying to travel packages.
In order to meet its statutory obligation to provide a guarantee, Mosaic Travels uses VZR Garant for all travel packages. VZR Garant is a recognised guarantee scheme.
If Mosaic Travels should become financially insolvent before the end of your booking, VZR Garant will, depending on the situation, ensure that you get your booking payment back, are able to continue with your booking, or are repatriated. You can find the conditions for the guarantee scheme on VZR Garant’s website (www.vzr-garant.nl/en).
Mosaic Travels has therefore protected itself against insolvency through VZR Garant. If services are not provided by Mosaic Travels due to insolvency, you can contact VZR Garant, which has its offices at Torenallee 20, 5617 BC Eindhoven, Netherlands, by sending an email to info@vzr-garant.nl or by calling +31 (0)85 13 07 630.
Duits:
Gewährleistung | VZR Garant
Bei der Kombination von Ihnen angebotenen Reisediensten handelt es sich um eine Pauschalreise im Sinne der EU-Pauschalreiserichtlinie 2015/2302 [sollte es um eine Pauschalreise gehen]. Deshalb können Sie sämtliche EU-Rechte in Anspruch nehmen, die für Pauschalreisen gelten.
To comply with the statutory warranty obligation, Mosaic Travels uses VZR Garant for all package tours. VZR Garant is a recognized guarantee system.
Should [Company Name] get into financial difficulties before the end of your booking, VZR Garant will ensure – depending on the situation – that you receive your booking amount back, can continue your booked trip, or be brought to the starting point of your trip. The provisions of the guarantee system are set out on the VZR Garant website (www.vzr-garant.nl/de).
In this way, [Company Name] has provided insolvency protection with VZR Garant. If services are not provided due to insolvency of Mosaic Travels, travelers can contact: VZR Garant, Torenallee 20, 5617 BC Eindhoven, Netherlands, by e-mail (info@vzr-garant.nl) or by telephone on +31 (0)85 13 07 630.