Article 1 General provisions
Article 2 Conclusion and content of the agreement
Article 3 Payment
Article 4 Travel sum
Article 5 Information
Article 6 Travel documents
Article 7 Changes by the traveler
Article 8 Substitute
Article 9 Cancellation by the traveler
Article 10 Termination by Elba Travels
Article 11 Amendment by Elba Travels
Article 12 Liability and force majeure
Article 13 Help and assistance
Article 14 Exclusion and limitations of liability Elba Travels
Article 15 Obligations of the traveler
Article 16 Interest and collection costs
Article 17 Complaints
Article 18 VZR Garant, for possible bankruptcy Elba Travels
Article 1 General provisions
1. In these travel conditions, the following definitions apply:
Traveler:
a. the other party of Elba Travels, or
b. the person for whose benefit the trip has been stipulated and who has accepted that stipulation, or
c. the person to whom the legal relationship with Elba Travels has been transferred in accordance with Article 8 of these terms and conditions.
Travel agreement: the agreement in which Elba Travels commits itself towards its counterparty to provide an offered pre-organized trip that includes an overnight stay or a period of more than 24 hours, as well as at least one of the following services:
a. Activity
b. Stay
c. Transport
d. another tourist service not related to transport or accommodation, which forms a significant part of the journey.
Working days: the days Monday to Saturday, excluding recognized holidays.
Office hours: Monday to Friday from 9:00 AM to 5:30 PM and Saturday from 10:00 AM to 4:00 PM, excluding recognized holidays.
Article 2 Conclusion and content of the agreement
1. Offer and acceptance
a. The agreement is concluded by the traveler's acceptance of the offer of Elba Travels. The acceptance can take place either directly or through the intermediary of a booking agency or online provider. After the agreement has been concluded, the traveler will receive a confirmation in writing or electronically as soon as possible, possibly in the form of an invoice.
b. When booking via the internet, Elba Travels organizes the booking process in such a way that the traveler is informed before acceptance that he is entering into an agreement. By confirming the booking by Elba Travels, the traveler is bound by this agreement.
2. Withdrawal of offer
The offer of Elba Travels is without obligation and can be revoked if necessary. Revocation due to correction of errors in the calculation of the travel sum or other errors is permitted. The revocation must take place as soon as possible, but at the latest within 8 office hours after acceptance, stating the reasons. In that case, the traveler is entitled to an immediate refund of any monies paid.
3. Obvious Errors
Obvious errors and obvious mistakes are not binding on Elba Travels. Such errors and mistakes are errors and mistakes that - from the perspective of the average traveler - are or should be recognizable as such at first sight.
4. Termination of Elba Travels due to insufficient participation
Elba Travels has the right to cancel the agreement with immediate effect if the number of registrations is less than the required minimum number.
5. Passenger information obligation
a. Before or at the latest when the agreement is concluded, the traveler provides Elba Travels with all necessary information and that of the registered fellow travelers that may be important for the conclusion or implementation of the agreement. This includes mobile phone number and email address, if available.
b. The traveler also states details about the quality or composition of the group of travelers he has registered that may be important for the execution of the trip by Elba Travels. If the main booker fails to comply with this information obligation, this may result in the
traveler(s) is (are) excluded by Elba Travels from (further) participation in the trip in accordance with the provisions of Article 15 paragraph 2. The costs referred to in that article will be charged to the main booker.
6. Applicant
a. The person who enters into an agreement on behalf of or on behalf of another person (the applicant) is jointly and severally liable for all obligations arising from the agreement.
b. All traffic (including payment transactions) between the traveler(s) on the one hand and Elba Travels on the other hand is conducted exclusively via the applicant.
c. The traveler(s) is (are) liable for their own part.
7. Information and reservations in publication
If the agreed trip is included in a publication of Elba Travels, the information contained therein also forms part of the agreement.
8. Essences
a. Deviations from or additions to the trip offered by Elba Travels may be required on medical grounds (medical essentials). Elba Travels will make a real effort to comply with this, unless Elba Travels cannot reasonably be expected to do so. Medical essentials require the express written consent of Elba Travels.
b. In that case, Elba Travels has the right to charge the following costs:
- communication costs;
− any additional costs charged by the service providers involved in the execution of the trip.
c. Elba Travels will only process an essential request on other than medical grounds (other essences) if this has a reasonable chance of success. In that case, Elba Travels has the right to charge the following costs:
− the organizational costs of € 27 per booking associated with the request
- communication costs;
− any additional costs charged by the service providers involved in the execution of the trip. These requests also require the express written consent of Elba Travels.
9. Departure and arrival times
For transport components of the journey, departure and arrival times will be stated in the travel documents. These times are final. Elba Travels can only deviate from this within reasonable limits and only if the maintenance of these times cannot reasonably be expected of Elba Travels.
10. Third Party Information
Elba Travels bears no responsibility for general information in photos, folders, advertisements, websites and other information carriers, insofar as drawn up or published under the responsibility of third parties.
Article 3 Payment
1. The full travel sum must be paid no later than two weeks (fourteen days) before participation in the trip via Elba Travels. In the event of late payment, the traveler is in default. He will be informed of this in writing by or on behalf of Elba Travels and will then still have the option to pay the amount still owed within 7 working days. If payment is still not forthcoming, the agreement will be deemed to have been canceled on the day of default. Elba Travels has the right to charge the cancellation costs owed for this. In that case, the provisions of Article 9 apply and the monies already paid will be set off against the cancellation fees.
2. Payment methods:
a. Via iDeal/Bank transfer. This is possible at the time the reservation is finalized or via an email with a payment link. You can pay both the down payment and the (residual) sum of the booking via this link. With iDeal payments, Elba Travels uses the services offered by Mollie B.V.
b. With credit card. In case of payment by credit card, Elba Travels uses the services offered by Stripe. By using this service, Elba Travels can process payments with Mastercard, Visa and American Express. Elba Travels has chosen the services of Stripe to protect the lead booker against fraud and to ensure a guarantee. In the event of fraud or negligence on the part of Elba Travels, Stripe can proceed with a so-called chargeback. The amount paid will then be refunded to the credit card.
c. Cash on location. In some cases, cash can be paid on location. After making a booking/reservation, this is only possible if Elba Travels has agreed to this in writing. In that case, the payment term will lapse as stated in paragraph 1 above. If the traveler(s) have purchased extra services on location, which are not stated in the reservation, these can be canceled at the end of the trip, the evening before departure. , can be settled in cash with one of the (authorised) employees of Elba Travels.
Article 4 Travel sum
1. The published travel sum applies per booking, unless indicated otherwise. This includes the services and facilities stated in the publication, whether or not specified in various cost elements, including the unavoidable additional costs known at the time of publication that the traveler must pay for the services offered. Unavoidable additional costs are understood to mean; costs that are inextricably linked to the service offered. This does not include the costs of additional services that are provided by Elba Travels or by third parties at the request of the traveler, such as insurance premiums, as well as costs that are levied when booking per travel group and vary according to the size of the travel group.
2. The published travel sum is based on the prices, exchange rates, levies and taxes, as these Elba Travels were known at the time of the printing of the publication.
Article 5 Information
1. The traveler is personally responsible for the correct travel documents, to obtain the necessary additional information from the relevant authorities and also to check in good time before departure whether the information previously obtained regarding travel documents has not been changed in the meantime.
2. If the traveler cannot make the trip (entirely) due to the lack of any (valid) document, this will be for his account with all associated consequences, unless Elba Travels has promised to provide that document and the lack thereof it can be attributed to whether Elba Travels has failed to fulfill its obligation to provide information as referred to in the previous paragraph.
3. During the trip, the traveler is responsible for carrying the necessary documents, such as a passport that meets all validity requirements, or, where permitted, an identity card and any required visa, driving license and green card.
Article 6 Travel documents
1. Elba Travels will make the necessary travel documents in the possession of the traveler no later than the arrival date of the first booked stay, unless this cannot reasonably be required of Elba Travels.
2. If the traveler has not yet received travel documents at the latest 5 working days before departure, he/she will report this to Elba Travels without delay.
Article 7 Changes by the traveler
1. After the agreement has been concluded, the traveler can request changes. This is subject to the condition that the traveler pays the changed travel sum, after deduction of the monies already paid. In addition, he is obliged to pay the change costs of € 15 per booking and any communication costs. The request will be decided as soon as possible. These changes will be made as far as possible up to 28 days before departure and in that case will be confirmed in writing by Elba Travels.
2. Rejection will be motivated and the traveler will be notified without delay. The traveler can maintain or cancel the original agreement. In the latter case, Article 9 applies. In the absence of a response from the traveler to the rejection of his request, the original agreement will be executed.
3. Changing the departure date or reducing the number of paying passengers is considered a (partial) cancellation to which Article 9 applies. In that case, no change or communication costs are due.
Article 8 Substitute
1. The traveler can be replaced by someone else in good time before the start of the trip. The following conditions apply for this:
− the other party complies with all conditions attached to the agreement; and
− the request is submitted no later than 7 days before departure, or so in time that the necessary actions and formalities can still be performed; and
− the conditions of the service providers involved in the implementation do not oppose this substitution.
2. The applicant, the traveler and the person who replaces him/her are jointly and severally liable towards Elba Travels for the payment of the part of the travel sum still due, the amendment and communication costs referred to in Article 7 paragraph 1 and any additional costs as a result of the replacement.
Article 9 Cancellation by the traveler
1. Cancellation fees
If an agreement is cancelled, the traveler owes the following cancellation costs:
− in case of cancellation within 14 days after booking, but 6 weeks before the arrival day: € 15 administration costs.
− in case of cancellation up to 6 weeks before arrival: 20% of the travel sum
− in case of cancellation between 3 and 6 weeks before arrival: 50% of the travel sum;
− in case of cancellation between 1 and 3 weeks before arrival: 75% of the travel sum;
− in case of cancellation from the 6th day before arrival: the full travel sum.
2. Cancellation Costs
Cancellations outside office hours are deemed to have been made on the next working day.
3. Substitute
In the event that no cancellation takes place, but the traveler opts for substitution, Article 8 applies.
4. Cancellation in Covid-19 situations
4.1 Negative Travel Advice
If there is negative travel advice, like a code red or orange for the Tuscany area, we will cancel the trip and you will receive the already paid travel sum back.
We cannot reimburse other costs that have already been incurred for your holiday, such as a flight, tickets for the ferry, any other accommodation during the trip, etc. It may therefore be wise to take out cancellation insurance in which these costs are also reimbursed.
The holiday can continue with a code yellow and green or white.
4.2 Canceling due to positive Covid-19 contamination
If you have tested positive for Covid-19 just before departure, we are unfortunately not allowed to receive you. In this case it is possible to come later, when you are allowed out of quarantine according to the national guidelines.
Unfortunately, it is not possible to cancel the trip free of charge.
Article 10 Termination by Elba Travels
1. Elba Travels has the right to cancel the agreement due to serious circumstances.
2. Weighty circumstances are understood to mean circumstances of such a nature that further binding of Elba Travels to the agreement cannot reasonably be required.
3. In the event of a Covid-19 Lockdown, negative travel advice (code orange or red), Elba Travels has the right to cancel travellers' holidays. In the event of cancellation and Covid-19, the traveler will receive a refund of the already paid travel sum. Elba Travels is not responsible for other costs incurred by the traveler.
4. a. If the cause of the cancellation can be attributed to the traveler, the resulting damage will be borne by the traveler.
b. If the cause of the cancellation can be attributed to Elba Travels, the resulting damage will be borne by Elba Travels. Whether this is the case,
determined on the basis of Article 11.
c. If the cause of the cancellation cannot be attributed to either the traveler or Elba Travels, the parties each bear their own damage as further elaborated in Article 12.
4. If Elba Travels saves money as a result of the cancellation, the traveler is entitled to the amount of that saving for his part.
Article 11 Amendment by Elba Travels
1. a. Elba Travels has the right to change the agreed service due to serious circumstances as further described in article 10 paragraph 2. Elba Travels will inform the traveler within 72 hours (3 working days) after Elba Travels has notified the change of the change. has been informed. From the arrival date of the first booked stay, Elba Travels will inform you of any changes within 24 hours (1 working day).
b. If the change concerns one or more essential points, the traveler can reject the change(s).
c. If the change concerns one or more non-essential points, the traveler can only reject the change if the change is detrimental to him of more than minor significance.
d. If Elba Travels saves money as a result of the change, the traveler is entitled to the amount of that saving for his part.
2. a. In the event of a change, Elba Travels will make an alternative offer to the traveler if possible. Elba Travels will do this within 72 hours (3 working days). A period of 24 hours (1 working day) applies from the arrival date of the first booked stay.
b. The alternative offer must be at least equivalent. The equivalence of alternative accommodation must be assessed according to objective criteria and must be determined according to the following circumstances, which must be apparent from the replacement offer:
− the location of the accommodation in the place of destination;
− the nature and class of the accommodation;
− the facilities that the accommodation also offers.
The assessment referred to here must take into account:
− the composition of the travel group;
− the special characteristics or circumstances of the traveler(s) concerned, disclosed to Elba Travels and confirmed in writing, which have been indicated by the traveler(s) as being of essential importance; − the deviations from the program or additions to it required by the traveler, which have been confirmed in writing by Elba Travels for approval.
3. a. The traveler who exercises the right to reject the change or alternative offer pursuant to the previous paragraphs must make this known within 72 hours (3 working days) after receipt of the notification about the change or of the alternative offer. . From 10 days before departure, a period of 24 hours (1 working day) applies.
b. In that case, Elba Travels has the right to terminate the agreement with immediate effect and must – on pain of forfeiture – make use of this right within 72 hours (3 working days) after receipt of the rejection by the traveler. A period of 24 hours (1 working day) applies from the arrival date of the first booked stay. In that case, the traveler is entitled to remission or refund of the travel sum (or, if part of the trip has already been enjoyed, to a refund of a proportional part thereof) within 2 weeks, without prejudice to any right to compensation as referred to in paragraph 4.
4. a. If the cause of the change can be attributed to Elba Travels, the resulting damage to the traveler will be for the account of Elba Travels. Whether this is the case is determined on the basis of Article 12.
b. If the cause of the change can be attributed to the traveler, the resulting damage will be borne by the traveler.
c. If the cause of the change cannot be attributed to either the traveler or the Elba Travels, the parties each bear their own damage, as further elaborated in article 12.
5. If, after the commencement of the agreed journey, an important part of the services to which the agreement relates cannot be provided, Elba Travels will ensure that suitable alternative arrangements are made with a view to continuing the journey. See article 12 for the costs thereof. If such arrangements are not possible, Elba Travels will provide the travelers with an equivalent means of transport that takes them back to the place of departure or another place of return agreed with the traveler(s). See article 12 for the costs thereof.
6. Without prejudice to the provisions of Article 15, paragraph 4, Elba Travels is obliged to inform the traveler about any changes made to the departure time. With regard to the return journey, this obligation does not apply to travelers who have booked for transport only and/or whose residence address is unknown.
Article 12 Liability and force majeure
1. Without prejudice to the provisions of Articles 10 and 11, Elba Travels is obliged to implement the agreement in accordance with the expectations that the traveler may reasonably have on the basis of the agreement.
2. If the journey does not proceed in accordance with the expectations referred to in paragraph 1, the traveler is obliged to inform the persons concerned as soon as possible as referred to in Article 17 paragraph 1.
3. If the trip does not proceed in accordance with the expectations referred to in paragraph 1, Elba Travels is, without prejudice to the provisions of Articles 13, 14 and 15, obliged to compensate the traveler for any damage, unless the failure to comply is not the fault of Elba Travels. neither attributable nor to the person whose assistance he makes use of in the execution of the agreement, because:
a. the shortcoming in the execution of the agreement is attributable to the traveler; or
b. the shortcoming in the execution of the agreement could not be foreseen or could not be canceled and is attributable to a third party who is not involved in the delivery of the services included in the trip; or
c. the shortcoming in the execution of the agreement is due to an event that Elba Travels or the person whose assistance it uses in the execution of the agreement could not foresee or remedy, taking all possible care into account; or
d. the shortcoming in the execution of the agreement is due to force majeure as referred to in paragraph 4 of this article.
4. Force majeure is understood to mean abnormal and unforeseeable circumstances that are independent of the will of the person who invokes them and the consequences of which could not be avoided despite all precautions.
Article 13 Help and assistance
1. a. Depending on the circumstances, Elba Travels is obliged to provide the traveler with assistance and assistance if the trip does not proceed in accordance with the expectations that he could reasonably have on the basis of the agreement.
b. If the cause is attributable to the traveler, Elba Travels is only obliged to provide help and assistance insofar as this can reasonably be expected of him.
2. The traveler takes responsibility for his or her own liability. The traveler goes along at his own risk. The instructors of Elba Travels guide the travelers as best as possible, offer first aid in case of accidents, but are not responsible for accidents. Travelers must use their own travel or health insurance policy in the event of accidents or damage.
Article 14 Exclusion and limitations of liability Elba Travels
1. a. If a treaty applies to a service included in the trip that grants or allows an exclusion or limitation of liability to the service provider, the liability of Elba Travels is accordingly excluded.
b. Elba Travels is also not liable if and insofar as the traveler has been able to recover his damage under an insurance policy, such as, for example, a travel and/or cancellation insurance policy.
2. Elba Travels is not liable in case of injury or death, travelers participate at their own risk and liability.
3. If Elba Travels is liable towards the traveler for loss of travel enjoyment, the compensation will not exceed the travel sum.
4. The exclusions and/or limitations of the liability of Elba Travels included in this article also apply to employees of Elba Travels and the service providers involved, as well as their personnel.
Article 15 Obligations of the traveler
1. The traveler(s) is/are obliged to comply with all instructions from Elba Travels to promote the proper execution of the trip and is/are liable for damage caused by his/their unauthorized behaviour, assessable according to the standard of the behavior of a proper traveller.
2. a. A traveler who causes or may cause hindrance or inconvenience to such a degree that the proper execution of a trip is or can be made more difficult as a result, can be excluded by Elba Travels from (continuation of) the trip, if it cannot reasonably be expected that the agreement is fulfilled.
b. All costs ensuing therefrom are for the account of the traveler, if and insofar as the consequences of nuisance or inconvenience can be attributed to him. If and insofar as the cause of the exclusion cannot be attributed to the traveler, he will be refunded the travel sum or part thereof.
3. The traveler is obliged to avoid any damage or to limit it as much as possible, in particular by complying with his obligation to report as described in more detail in Article 17 paragraph 1.
4. Every traveler must verify the exact time of departure with the tour guide or the local agent of Elba Travels no later than 24 hours before the indicated time of departure for the return journey.
Article 16 Interest and collection costs
A traveler who has not fulfilled a financial obligation towards Elba Travels in time, will owe statutory interest on the amount still due. He is also obliged to pay extrajudicial collection costs equal to 15% of the amount claimed, unless this amount is unfair, taking into account the collection activities and the amount owed.
Article 17 Complaints
1. a. A shortcoming in the execution of the agreement as referred to in article 12 paragraph 2 must be reported on site as soon as possible so that a solution can be sought. For this, the traveler must report – in this order – to the service provider concerned, the tour guide or, if this person is not present or available, by contacting Elba Travels directly by telephone. If the shortcoming is not remedied and affects the quality of the trip, it must in any case be reported to Elba Travels without delay.
b. If a shortcoming is not satisfactorily resolved on site, Elba Travels will provide an adequate opportunity to record this in the form of a complaint in writing in the prescribed manner (complaint report).
c. Elba Travels provides information in the travel documents regarding the procedure to be followed locally, the contact details and accessibility of those involved.
d. The communication costs will be reimbursed by Elba Travels, unless it appears that these should not reasonably have been incurred.
e. If the traveler has not complied with the notification obligation and complaint reporting and the service provider or Elba Travels has not been given the opportunity to remedy the shortcoming as a result, his/her right to compensation may be limited or excluded.
2. a. If a complaint has not been satisfactorily resolved, it must be submitted to Elba Travels in writing and with reasons at the latest within one month after the end of the trip or the service received or after the original departure date. The traveler encloses a copy of the complaint report.
b. If the traveler does not submit the complaint in time, it will not be processed by Elba Travels, unless the traveler cannot reasonably be blamed for this. Elba Travels will inform the traveler about this in writing or electronically.
c. Elba Travels will provide a substantive response in writing no later than one month after receipt of the complaint.
d. If it appears that after the first month after receipt of the complaint, more time is needed for investigation, this will be stated in the written response. In the event that Elba Travels exceeds the time limit as a result of which the response period is exceeded by more than three months, the Disputes Committee may decide to deal with the dispute in question after all.
Article 18 VZR Garant, for possible bankruptcy Elba Travels
In order to comply with the legally required guarantee, Elba Travels uses the VZR Garant guarantee scheme (www.vzr-garant.nl). You can check this via the participants page of the VZR Garant website. Within the limits of the Warranty Scheme (which can be found on the VZR Garant website), the VZR Garant warranty applies. In the Guarantee Scheme you can read to which (travel) offer the guarantee of VZR Garant exactly applies and what this guarantee entails. If services are not provided due to financial insolvency of Elba Travels, you can contact VZR Garant, located at Torenallee 20, 5617 BC in Eindhoven, the Netherlands, via info@vzr-garant.nl of +31 (0)85 13 07 630.
When you make a booking via the website, you automatically benefit from VZR's guarantee scheme. When you book the booking through a third party, such as Airbnb, Booking.com and Hostelworld, this guarantee arrangement is not valid.
The VZR guarantee scheme also does not apply when you book activities on site that will be performed the same week.
