Article 1 – APPLICABILITY
1. These terms and conditions apply to all offers and offers that include BIG EAST, both in terms of travel agreements and defined below as separate travel services and tailor made travel based on customer request.
2. Any derogations from these terms and conditions shall be binding only if BIG EAST has agreed in writing with it and applies only to the travel agreements to which they relate.
Article 2 – OFFERS
1. All offers and quotes of BIG EAST, in any form, are entirely free of charge, unless they include a term for acceptance.
2. If an offer or quotation contains a free offer and this offer is accepted, BIG EAST is entitled to withdraw the offer within two working days of receipt of the said acceptance.
Article 3 – DEFINITIONS
These terms and conditions include: -travel agreement: the agreement whereby BIG EAST commits itself to the contractor to provide a pre-arranged trip offered by it, which is an overnight or a period of more than 24 hours and at least one of the following services include:
3. other tourist service not related to transport or stay, which is a significant part of the journey; -traveler: the contractor and / or the person to whom he has entered into an agreement with BIG EAST. If a case occurs as described in Art. 9 subsection 1 of these Terms, the replacement traveler applies; -booking office: the company that intermediates between the traveler and BIG EAST upon the conclusion of the travel agreement; -communication costs: all costs incurred by BIG EAST in the execution of the relevant travel agreement through its participation in the facsimile, telephone, telegram and telex traffic; -weight circumstances: circumstances that are of such a nature that BIG EAST’s commitment to the travel agreement can not reasonably be required. -BIG EAST representative: driver, employee (s) there, host (ess), agent, hotelier.
Article 4 – EXISTING TRAVEL AGREEMENT
1. The travel agreement is made by acceptance by the traveler of the offer of BIG EAST. The acceptance can take place either directly or through the intermediary of a booking office.
2. The content of the (travel) agreement is determined by the publication of BIG EAST and, if applicable, written affirmations / additions. Should the BIG EAST booking confirmation depart from a signed agreement, the traveler is entitled to change or cancel the agreement for 7 days after the date of submission of the written display.
3. The natural or legal person who deals with a travel agreement on behalf of or for the benefit of a third party is jointly and severally liable for all obligations arising from this travel agreement.
4. Famous (write) errors and mistakes in a BIG EAST publication do not bind BIG EAST.
5. If a BIG EAST publication provides a trip including transport and the duration of the journey in days, the dates of departure and arrival are, regardless of the time of departure and arrival, at the above-mentioned duration of the journey travel included. Departure times will be stated in the travel documents of BIG EAST.
6. BIG EAST is not responsible for photographs, leaflets and other information material issued by third parties.
7. BIG EAST will charge a reservation fee per traveler on each booking of a holiday.
Article 5 – IMPLEMENTATION OF THE TRAVEL
1. BIG EAST is entitled to enable third parties to implement travel arrangements.
2. The traveler (s) is required to comply with all directions provided by BIG EAST and / or its representative (eg driver or host (ess) or agent or hotelier) in order to facilitate the proper execution of the journey and is ( are liable for damage caused by his / her unauthorized conduct, according to the measure of the behavior of a correct traveler. Every passenger must check the exact time of departure at the latest 24 hours before the stated time of departure of the return journey at the present tour, at BIG EAST or his representative.
3. The traveler, who causes or is capable of providing or giving rise to such a good performance of a trip to a considerable extent, or may be hampered, may be excluded by BIG EAST from (continuation) of the trip if of BIG EAST can not reasonably be expected to comply with the travel agreement. All expenses incurred by the traveler and the exclusion of the traveler will be borne by the traveler if and to the extent that the consequences of obstacle or liability can be attributed to him. Refund of the travel allowance or part of the travel allowance may be granted if the concerned traveler does not complain about his exclusion.
4. The traveler is obliged to communicate to the relevant service provider and / or to BIG EAST or his representative on the spot as soon as possible in writing or in any other appropriate form, any negligence in the performance of the travel agreement, which is discovered on the spot by him. . If this fails to resolve the shortcomings within a reasonable time, the traveler should contact the BIG EAST headquarters immediately. See also Article 16.
5. If the traveler has not, in time or in full, failed to comply with one or more of the aforementioned obligations, BIG EAST shall be entitled to any additional costs incurred in carrying out the trip due to non-compliance by the traveler with his obligations with has brought it to the traveler bring.
Article 6 – INFORMATION
1. At the request of the traveler, BIG EAST will ensure that the traveler is referred to the correct authority at or after the establishment of the travel agreement for information on, inter alia, passports, tourist cards, any required visas, evidence of vaccinations and vaccinations and possible other requirements or formalities of the country of destination in the field of health care. This Information is also provided via the site.
2. BIG EAST also provides the traveler with information on the possibilities for closing a cancellation fee and / or travel insurance at or shortly after the travel agreement has been established.
3. Without prejudice to the foregoing, the traveler himself has the duty to take care of the authorities concerned with the necessary (additional) information and to check on time before departure whether previously obtained information has not been changed.
Article 7 – Travel Insurance
1. BIG EAST will endeavor to make the necessary travel documents available to the traveler no later than 5 calendar days before the day of departure.
2. In case of a car holiday, the required travel documents will be handed to the traveler by way of derogation from the provisions of the previous article, no later than the day before departure.
3. The traveler must be in possession of the required documents, such as a valid passport, or, where permitted, a tourist card and the required visa, certificate of vaccinations and vaccinations, driver’s license and green card upon departure.
4. When on departure from the Netherlands or during the journey, a traveler does not have the required travel and / or border documents, BIG EAST reserves the right to expel the person concerned from (further) participation in the voyage to shut. BIG EAST is not liable for the consequences of exclusion of the trip. All costs incurred are at the expense and risk of the traveler.
5. If a traveler is unable to make the whole trip due to the absence of any valid document, all such consequences and costs will be borne by the traveler unless BIG EAST has written in writing for that document to take care of and lack of it can also be attributed to BIG EAST.
6. The traveler who can not participate in the trip for any of the reasons mentioned in Article 7.4 or Article 7.5 shall not be entitled to a refund of (part of) the travel fee unless he / she proves that BIG EAST has saved costs.
Article 8 – AMENDMENTS BY THE TRAVELER
1. To 14 calendar days before departure, the traveler may request a written amendment to the travel agreement.
2. BIG EAST informs the traveler as soon as possible, but in any case within 7 calendar days of receiving the written request from the traveler, whether or not BIG EAST agrees with the requested change.
3. If BIG EAST decides not to agree with the traveler’s request, she will change her decision for reasons. If BIG EAST decides to accept the request for a change of travel agreement, the traveler is subject to the changed travel fee in accordance with the applicable payment arrangements, as well as an amount of € 22.69 per booking on change and communication costs, less the amount already paid is. If BIG EAST decides to agree with the change of travel agreement with regard to a flight holiday, the traveler is due to the amount of € 22.69 per booking for change and communication costs to BIG EAST, in derogation from the foregoing.
4. If the traveler maintains the request for change, after BIG EAST has decided not to agree with the change request, this enforcement will be void as a cancellation of the travel agreement and the relevant provisions of these Terms, in particular Art. 9, apply.
Article 9 – CANCELLATION OR REPLACEMENT RISK
1. If one or more of the notified passengers has been prevented from taking part in the trip, the traveler (s) has the choice: – to request BIG EAST to be replaced by another person (other persons), who is not yet a traveler (s) within the meaning of these terms and which may or may not participate in the place of the traveler (s); – to cancel the travel agreement (s). Replacement traveler.
2. The replacement of the traveler referred to in the previous article is only possible under the following conditions:
a. the replacement traveler complies with all conditions attached to the travel agreement;
b. the traveler requests the replacement request no later than 7 calendar days before the date of departure at BIG EAST or at least so soon that BIG EAST may still take the necessary actions and formalities to allow for replacement;
c. a proper execution of the journey does not oppose such a replacement;
3. The traveler and the substitute traveler are both jointly and severally liable to BIG EAST for payment of the full travel fee plus change and communication costs as referred to in Art. 8 and any additional costs resulting from the replacement.
4. If a travel agreement is canceled by the traveler, the traveler is obliged to pay the following amounts for cancellation charges to BIG EAST in addition to the booking fees already due:
a. the cancellation up to 60 calendar days before the day of departure: € 50.00 per traveler with a minimum of 25% of the booking fee;
b. cancellation from the 60th day to 0 calendar days before the day of departure: the entire travel amount;
c. on cancellation on day of departure or later: full travel fee. No show applies as cancellation on the day of departure or arrival.
5. The cancellation fee due by the traveler will not exceed the amount of the agreed travel amount.
6. If a travel agreement concerning the joint stay of multiple travelers in a hotel room, apartment, apartment or other accommodation is canceled by one or more of these travelers, this cancellation will be canceled for travel agreements with all of the above-mentioned (fellow) travelers. In this case, each traveler will have to pay the due cancellation and reservation costs listed in the previous article members unless the traveler expressly acknowledges BIG EAST to make his travel agreement with BIG EAST and if for the amount of “remaining” non-cancellation traveler (s) “accommodation is available. The remaining passengers must pay the travel fee, as applicable to that new number of travelers. The cancellation fees owed by these remaining travelers will be deducted from the new travel rates referred to here.
7. If some travel or parts of travel, including river or sea cruises, scheduled services and tours, other cancellation rules may apply if they are mentioned in the relevant publication.
Article 10 – AMENDMENT BY BIG EAST
1. BIG EAST has the right to change the travel agreement due to the weighty circumstances as defined in Article 3. The passenger may, at any time, change the agreed travel or departure date free of charge in accordance with paragraph 2 of this article.
2. The traveler who makes use of his / her right to change the travel agreement pursuant to the previous article, must notify BIG EAST to BIG EAST within 2 business days of receipt of the notice of the change. BIG EAST will offer the traveler within two working days an alternative at least equivalent trip or refund the travel fee already paid or partially paid to BIG EAST, less € 11.50 administration fee per travel agreement.
3. a.If, after leaving the traveler (s), an important part of the travel agreement can not be executed or BIG EAST notes that it will not be able to provide a significant part of the services offered by it, BIG EAST ensures that appropriate alternative arrangements are made for the continuation of the trip.
b. If such arrangements are practically impossible or, for important reasons, are not accepted by the traveler (s), BIG EAST provides the traveler (s) with an equivalent means of transport that returns him to the place of departure.
4. If the change made to BIG EAST by BIG EAST can be attributed and a passenger suffers damage, which damage is a reasonably foreseeable consequence of the above change, BIG EAST is obliged to compensate for damages. However, the amount of the damages thus compensated shall in any case be limited to a maximum of three times the travel amount. However, if the reason for the change (s) made can be attributed to the traveler, the cost of the change (s) will be borne by the traveler.
5. If, for commercial reasons, the travel or departure point desired by the traveler can not or may not be incurred, while confirmed on the travel agreement, BIG EAST may change the place of departure or departure. If the traveler has to make an additional cost in connection with the changed place of departure or departure, BIG EAST shall refund the travel expenses to the traveler in accordance with the tariff below. BIG EAST pays in respect of travel expenses to the traveler the amount equal to the cost of second-class public transport, which is necessary to arrive at the new departure or departure point from the oldest place of departure or departure.
Article 11 – Cancellation by BIG EAST
1. If the passenger fails to fulfill his payment obligations as mentioned in Article 14, BIG EAST has the right to cancel the travel agreement with immediate effect, without prejudice to BIG EAST’s right to payment of the travel fee, plus interest and costs.
2. BIG EAST can only cancel the travel agreement due to heavy circumstances and only with immediate effect. BIG EAST will immediately inform the traveler of the cancellation in writing, giving reasons.
3. BIG EAST, in particular, has the right to cancel the agreement with immediate effect until 5 working days prior to the day of departure if the number of travelers who registered for a particular trip is less than the required minimum number of passengers for the intended trip. If, for this reason, BIG EAST resigns at a time which is shorter than 5 working days before the day of departure, the traveler will be entitled to a reimbursement of BIG EAST equal to 30 % of the travel amount.
4. BIG EAST shall, in so far as the cancellation is not the result of a cause attributable to the traveler, offer an equivalent or better alternative trip concurrently with the notification of cancellation referred to in paragraph 2. The equivalence of the alternative accommodation must be assessed according to objective criteria and should be determined on the basis of the following conditions:
a. the location of accommodation in the area of destination;
b. the nature and class or category of accommodation;
c. the facilities, which further offers the accommodation, including: – the special characteristics of the traveler (s) known to the tour operator and confirmed by him in writing; – the deviations of the program or additions required by the traveler, confirmed by BIG EAST in writing;
5. If BIG EAST does not accept the BIG EAST offer, or if BIG EAST is unable to make such an offer, BIG EAST will refund the already paid or partially paid travel fee to the traveler.
6. If the BIG EAST travel agreement is terminated due to insufficient participation as referred to in and in accordance with paragraph 3 or by force majeure, BIG EAST is not liable for damages.
Article 12 – ASSISTANCE
1. BIG EAST is obliged to provide assistance and assistance to travelers if the journey does not expire in accordance with the expectations that they may reasonably have under the travel agreement.
2. If the reason for this must be attributed to the traveler, the tour operator is obliged to provide assistance and assistance only to the extent that it can reasonably be required of him. In this case, the costs for the assistance and assistance provided will be borne by the traveler.
3. The costs of assistance and assistance shall be borne by the travel organizer if the failure to comply with him or to the person whose assistance he uses in the performance of the agreement can be attributed in accordance with Article 15.
Article 13 – Travel rate
1. The published travel rate is valid per traveler, unless expressly stated otherwise in the relevant publication.
2. The published travel rate is based on prices, money rates, taxes and taxes as they were known at BIG EAST at the time of publication.
3. BIG EAST has the right to increase the travel fee up to 20 days prior to travel due to changes in transport costs, including fuel costs, fees payable or applicable exchange rates. BIG EAST will indicate how the increase has been calculated. The traveler can deny the increase on which BIG EAST can terminate the travel agreement. The traveler will then receive the travel fee or, if the trip is already partially enjoyed, a proportional part thereof.
4. Price of the travel price is continuously included including the VAT due but excluding any other tax.
Article 14 – PAYMENT
1. With the conclusion of the travel agreement, the traveler must pay a BIG EAST deposit equal to 25% of the total agreed travel fee rounded by € 2.27 upwards, which is at least € 45.36 per passenger.
2. The remainder of the booking fee must be BIG EAST at least 2 months before the day of departure, at least from the booking office.
3. If the travel agreement is reached within 2 months before the day of departure, the entire travel fee must be met immediately.
4. The traveler who has not met a financial obligation to BIG EAST in good time is subject to a interest rate of 1% over each month or part of a month of delay. He is also entitled to compensation for extrajudicial collection charges equal to 15% of the advanced, with a minimum of € 136.13.
Article 15 – LIABILITY
1. BIG EAST is required to implement the travel agreement in accordance with the expectations that the traveler may have reasonably allowed under the agreement.
2. If the journey does not expire in accordance with the expectations referred to in paragraph 1, the traveler is obliged to inform BIG EAST immediately. If damage is not reported immediately, the passenger loses the right to compensation.
3. If the journey does not expire in accordance with the expectations referred to in paragraph 1, BIG EAST is obliged to compensate the traveler for any loss which he has suffered, unless the fault is attributable to him or to the person whose assistance he has with the execution of the agreement makes use of because:
a. the shortcoming in the performance of the agreement is due to the traveler;
b. failure to fulfill or cancel the travel agreement, which is in force, is attributable to a third party who is not involved in the delivery of the services covered by the agreement;
or c. the deficiency in the performance of the agreement is due to force majeure or to an event that BIG EAST or the person whose assistance they use in the execution of the agreement could not provide or rectify with due care of all possible care.
4. Undercapacity is understood to mean: abnormal and unforeseen circumstances that are independent of the will of those who invoke it and whose consequences, despite all the precautions, could not be avoided.
5. BIG EAST is not liable for damage resulting from the fact that weather conditions (snow conditions, solar hours) differ from what the traveler expects.
6. Where BIG EAST is liable under this article, its liability shall be limited or excluded in accordance with applicable international treaties. BIG EAST accepts no liability for damages for which compensation is claimed by virtue of any insurance.
7. All liability of BIG EAST, of any kind, shall – unless warranted in case of death or injury – be limited to up to 50% of the travel fee for material and pure property damage and loss of travel pleasure.
8. The exclusion and / or limitations of BIG EAST liability contained in this article also apply to employees of BIG EAST, the booking office and related service providers, as well as their staff, unless a treaty or law excludes.
9. The traveler is required to complete a proper travel insurance at BIG EAST or elsewhere before departure.
Article 16 – INCOMPLACEMENTS OR COMPLAINTS
A failure or complaint made by the traveler regarding the execution of the travel agreement, as referred to in article 5, paragraph 4, must be communicated to the representative of BIG EAST at the place of destination as soon as possible. This representative will ensure that the imperfection or complaint is resolved to the satisfaction of the traveler as far as possible. Should this not be possible for any reason, the passenger should contact the emergency number mentioned on the tickets.
If, in the opinion of the traveler, the deficiency or complaint is not satisfactorily resolved by both the representative and the emergency number, the representative must be asked for a complaint form at the destination. This complaint form is then signed by both the traveler and the representative. The complaint form is only available where the complaint or inaccuracy was found, or with the representative of BIG EAST.
The traveler must, within 14 calendar days after the tour organized by BIG EAST, by complaint lodge written and motivated complaints about the defect or complaint, at least about the failure to correct this defect or complaint by the representative of BIG EAST.
This complaint must always be accompanied by a complaint form signed by the traveler and the representative. BIG EAST will not respond to complaints, which have not been disclosed to her in the manner stated above.
Article 17 – DISPUTES
All disputes, including those considered by one of the parties as such, arising from any travel agreement entered into with BIG EAST can only be tried by the Judge, subject to the rules of absolute jurisdiction, unless BIG EAST and the The traveler has agreed to submit the dispute to an arbitration body.