General Travel Terms and Conditions Waterproof Cruises & Expeditions b.v.
Thank you for deciding to book a trip with Waterproof Cruises (hereinafter referred to as: "WPCX"). Before you make a definite booking, we recommend you (hereinafter referred to as "contracting party") to read carefully the following travel conditions. These general travel conditions and the term contracting party apply both to private persons (direct booking) and to (travel) organisations (see par. 1.2).
1. Reservation of trip / travel notification
1.1 The contract is concluded by means of a written acceptance by the contracting party of the offer of WPCX, upon which a binding travel contract with WPC is effected, to which all conditions set out in these general terms apply. If the contracting party in addition to him/herself also lists one or more other persons on one notification form, this contracting party is automatically severally liable for all obligations ensuing from the travel contract (in line with the general travel conditions of WPCX) which concern the other persons booked.
1.2 The contracting party shall - before the parties enter into the travel contract - provide WPCX with the necessary (personal) data concerning him/herself or other persons booked. Incorrect or incomplete provision of (personal) data can result in faulty vouchers, air tickets etc. WPCX can not be held liable for the consequences of such defaults and/or incorrect data.
1.3 On receipt of the written booking form, the trip that has been booked will be confirmed by WPCX by means of a confirmation (which will also include an invoice) sent to the contracting party.
2. The travel offer / the travel elements
2.1 The scope of the travel offer (the travel elements) booked by the contracting party is contractually recorded in the travel confirmation (invoice).
2.2 Any deviation from the travel elements as described in the brochure and publications are valid only if confirmed by WPCX in writing (in e.g. the original offer made, travel confirmation or a communication sent later).
2.3 WPCX bears no responsibility for photos, brochures and other information material, insofar as these have been published or distributed under the responsibility of third parties, nor for any undertakings, expectations or promises of third parties towards the contracting party.
3.1 On the conclusion of the travel contract, the contracting party will pay a deposit equal to 30% of the total price of the travel contract. In all cases, payments remain due 60 days prior to departure and once paid are non-refundable
3.2 In case the contracting party books more than 9 travel participants or more than 9 berths on a ship voyage in one reservation, the following payment conditions apply, unless otherwise is agreed between the parties: 30% deposit on the conclusion of the travel contract, 40% of the total price 4 months prior to departure, the remainder (30 %) of the total price 60 days prior to departure.
3.3 After payment has been received, the travel documents will be dispatched approximately 14 days before departure.
3.4 If the contracting party fails to fulfil the payment obligations, WPCX will send him/her a written reminder to pay the amounts due in [three (3) days]. If, despite of the reminder, the amounts due remain unpaid, the contracting party is in default and is liable to pay interest on the sum due of 1% for each month or part of a month of default. Furthermore the contracting party is liable to pay compensation of extra judicial collection costs equal to 15% of the sum claimed, with a minimum of 50 EURO or an equal amount in US$. If the contracting party fails to comply with its payment obligations, WPCX reserves the right to cancel the contract on the day of default. WPCX is entitled to charge the cancellation costs incurred (in line with paragraph 6 or as agreed otherwise in the travel confirmation).
3.5 If the payment is made on such a moment, that it is not possible for WPCX to dispatch the travel documents to the contracting party in time by regular mail, any additional dispatch costs will be charged to the contracting party. WPCX can not be held liable for loss or damage as a result of the any travel documents not arriving in time.
4. Changes in travel elements / price changes
4.1 Changes in the travel offer agreed in the travel confirmation (which can occur before the start of the journey) are permitted only if they do not substantially alter the nature of the trip. This includes, among other things, changes made by the airline, changes in flight departure times, changes referring to hotel overnight stays before or after the main journey, minor changes in the travel programme or excursion offer. WPCX shall inform - in writing - the contracting party in respect of such changes. Such changes may not be used by the contracting party as a reason for cancelling the travel contract.
4.2 The agreed price is based on the prices, exchange rates, duties and taxes as known to WPCX at the time of the travel confirmation. WPCX reserves the right to raise the agreed price (on the grounds of, among other things, unforeseeable increases of e.g. exchange rates, sudden increased prices of accommodation providers, airlines, duties, taxes, harbour dues and fuel prices). In the case that a price alteration is considered necessary by WPCX, WPCX is obliged to inform the contracting party in writing of this at the very latest 20 days before the day of departure. Provided that the contracting party has paid the total travel price. Price increases made within 20 days of the start of the journey are not permitted. In the case of a price increase of more than 10 % of the total price of the trip, the contracting party is entitled to cancel the trip.
5. Cancellation of the trip by WPCX
5.1 WPCX is entitled to cancel the planned trip up to 30 days before departure, if the minimum number of participants has not been achieved. In such a case WPCX undertakes to offer the contracting party an alternative trip. If the contracting party does not accept this offer WPCX will refund all payments already received from the contracting party.
5.2 WPCX has the right in the case of force majeure (e.g. war, uprising and, natural disasters, abnormal / exceptional weather and ice conditions, legal stipulations of the local/regional authorities and other “acts of God”) to cancel the trip. WPCX may not be held liable for the consequences, losses or damages occurring from force majeure. If situations of force majeure occur before departure date, WPCX will refund to the contracting party the payments made. If situations of force majeure occur during the trip, WPCX will try to offer an alternative programme. If this should prove impossible, either WPCX or the contracting party is entitled to cancel the trip. In such a case, WPCX may not be held liable. However, in the case of any cost savings, WPCX shall return these to the contracting party. WPCX is obliged to assist the contracting party - in the case of a (travel) organisation: the client(s) of the (tour) organiser - in obtaining a return trip/flight. The contracting party him/herself is responsible for the costs of this trip/flight.
5.3 If WPCX, on the basis of the provisions of par. 5.1 and 5.2, cancels the trip, only the equivalent of the invoiced price will be refunded to the contracting party. WPCX is not liable for costs the contracting party has made in preparation of the trip nor for reservations of travel components (such as but not limited to flights, hotels, connecting programmes,(travel)insurance’s) which, in combination with the trip booked with WPCX, have been booked elsewhere.
6. Cancellation of the trip by the contracting party
6.1 The contracting party may cancel the travel contract in writing at any time before the beginning of the trip. In the case of cancellation by the contracting party WPX is entitled to charge the following costs to the contracting party:
- Until and including 90 days prior to departure: Deposits are lost.
- From 89 days up to and including the day of departure: 100 % of the total price
6.2 Deposits are non-refundable.
6.3 Different cancellation fees apply for charters and group bookings(8+ pax). A separate contract will be provided with the then applicable conditions.
6.4 It is possible that different cancellation fees apply to different travel components (e.g. in the case of direct issuing of air tickets, there is often a 100% cancellation fee). These deviating, and therefore extra, costs are stated in the travel confirmation.
6.5 If the contracting party has booked an activity package(s) a cancellation fee of 100% applies when cancelled 90 days prior to departure date.
6.6 If the contracting party after it has entered into the travel contract wishes to introduce changes into the booked trip (e.g. the departure date, destination or type of accommodation), this is considered a cancellation and the cancellation costs stated in par. 6.1 and 6.2 apply. In case of minor changes WPX is entitled to charge reservation costs of at least 50 EURO or an equal amount in US$ per alteration.
7. Liability of WPCX
WPCX is obliged to provide a correct execution of the trip according to the travel contract and in line with the expectations the traveller may reasonably have on the grounds of the contract. WPCX is responsible for the selection of accommodation providers of ships, hotels, resorts etc., composition and the quality control of the travel elements and excursions, description of the travel elements in the WPCX brochures and other publications, the processing of the travel confirmation, reservation of the travel elements and control and dispatch of the travel documents.
8. Exclusion and limitation of the liability of WPCX
8.1 WPCX acts as intermediary for the sale of travel elements between on the one hand providers of accommodation/services (such as but not limited to a stay in a hotel, a voyage with a ship, services of dive bases and providers of transport) and on the other hand the contracting party and therefore the liability of WPCX is excluded. In these cases the conditions of the relevant providers of accommodation/services and/or the stipulations of (inter)national law applies and all liability of WPCX (in the case of complaints, claims, loss and damage of possessions/baggage, personal injury, death etc.) are excluded. In the case of claims, WPCX will try to mediate between the provider of accommodation and the contracting party. WPCX is not responsible for optional travel elements booked by the contracting party elsewhere (optional excursions, sightseeing etc).
8.2 All travel elements booked with WPCX, which relate to stay on board of a ship and/or excursions or programmes off ship (such as but not limited to excursions or programmes on land or on or in the water (incl. (scuba) diving, swimming and snorkelling) are for 100 % own risk of the contracting party. WPCX is never liable for any damage, such as but not limited to (bodily) injury, illness, death etc. whatever the reason or cause may be. If the contracting party has booked a diving programme, WPCX or as the case may be the diving base or the diving leader on board the ships will ask the contracting party to sign a form, according to which the contracting party accepts 100 % own risk and promises that he will not lodge any claims against WPCX, the diving base and/or the diving leader on board the ship in the case of any calamity which may or may not result in (permanent) injury or death. For the diving trips, it is stated precisely in the travel information what the conditions are for participation. In any case the contracting party or participant must have a health certificate signed by a registered physician and must provide WPCX or the diving base a copy of an internationally accepted diving certificate. In the case of the land programmes, the contracting party should be in a good physical condition. In the travel information, conditions are stated. By entering into a travel contract with WPCX the contracting party commits itself to WPCX to acquire a proper travel insurance, at least to the level as meant in paragraph 10.4 before departure.
8.3 If WPCX offers the contracting party an air travel component, all liability of WPCX is excluded and for this travel component the conditions of the relevant airline apply. In the case of delays, WPCX cannot be held liable in any way whatsoever, even if this is at the cost of other travel elements of the trip booked.
8.4 WPCX may not be held liable for loss, damage and robbery of travel documents, luggage or other possessions.
8.5 WPCX shall accept no liability for damage for which there is a claim to compensation based on a travel and/or cancellations insurance.
8.6 WPCX may not be held liable for damage as a consequence of the travel contract not being correctly implemented, if the deficiency in the execution of the contract is attributable to the contracting party.
8.7 The trips offered by WPCX are mainly conducted in “marginal zones” and require the qualification of expedition trips to places where infrastructure and (medical) facilities are often lacking. On booking the trip, the contracting party fully understands that booking the trip of WPCX is not comparable to booking an everyday standard trip. If due to weather conditions, sea currents, nautical reasons, large amounts of floating ice etc. the decision is taken to change the programme, every effort will be made to offer an alternative. In certain exceptional cases, however, this will not always be possible. Non-fulfilled expectations of the contracting party may not be grounds for claims in such cases. If the programme cannot be carried out according to the travel description and (certain) places described in the travel programme cannot be visited, WPCX may not be held liable for damage suffered and/or the spoiling of holiday enjoyment. WPCX cannot be held liable for restitution of any amount paid in such a case.
9. Obligations of the contracting party
In the case of a (travel) organisation: instead of "contracting party" (in paragraphs 9.1 up to and including 9.4) read also “the participants” .
9.1 The contracting party is obliged to comply with all instructions given by WPCX and the travel leadership (e.g. trip leaders, guides, diving instructor and diving assistants, crew of the ships, local agent and the personnel of accommodation providers such as hotels, resorts and diving locations) in order to benefit a proper execution of the trip. Furthermore, the contracting party is 100% liable for damage caused by improper behaviour e.g. towards fellow travellers or material damage to the hotels, ships or resorts, to be judged according to the standards of behaviour of the model traveller. The contracting party must ascertain the exact time of departure of the return journey at the very latest 72 hours before the stated departure time and reconfirm the air tickets.
9.2 Any contracting party who causes such disturbance or who threatens to cause such disturbance, that the proper execution of (part of) a trip is seriously hindered or could result in danger for the contracting party and/or the fellow travellers, can by or on behalf of WPCX (trip leadership or the local representatives) be excluded from (continuation of) the trip (components). In the case of exclusion, the contracting party is not entitled to make any claim for restitution of (part of) the price.
9.3 If the disturbing behaviour or damage (as described in paragraphs 9.1 and 9.2) should occur, all costs resulting from this shall be charged to the contracting party.
9.4 If the contracting party is not in a good physical condition and/or does not have the required diving certificates and/or diving experience as required for participation in the trip of WPCX, in the interest of the contracting party or his fellow travellers, WPCX is entitled to decide to offer an alternative programme for the contracting party in question or, in extreme cases, to exclude this person from (certain) excursions or (parts of) the diving programme.
These limitations apply also if the contracting party is not in possession of the correct (diving) gear, as stated in the travel brochure and other publications of WPCX. In the case of exclusion (or of a mandatory alternative programme) the contracting party is not entitled to make any claim for restitution of (a part of) the price.
9.5 The contracting party is obliged to inform the tour leadership of WPCX of any negligence noted in the execution of the travel contract, which is noted by him at the location – in the case of a (travel) organisation: noted by the client(s) of the (travel) organisation. This should be done as quickly as possible, in writing, or other appropriate form of communication, to the relevant tour leader/expedition leader of WPCX, who shall immediately do his utmost to find an appropriate solution. As far as handling complaints is concerned, the following persons are responsible:
General complaints during a boat trips: the tour leader/expedition leader. If there is no trip leader present, the captain is responsible. In case of hotel- and land programmes: the manager of the hotel/ organisation.
Complaints which concern exclusively diving: the diving instructor (or manager of the diving- and hotel firm).
9.6 If an immediate solution for the complaints cannot be found, the contracting party – in the case of a (travel) organisation the client(s) of the (travel) organisation should present these complaints to the relevant (travel) organisation, where the trip was booked, upon which the (travel) organiser shall inform WPCX - shall be obliged to report the complaint to WPCX and request help. In the case of complaints about travel elements WPCX can decide to offer an alternative programme (e.g. hotel, cabin, excursion package) that is virtually identical to that in the originally booked trip (the originally booked travel component).
9.7 WPCX (incl. the representatives, trip leadership, local agent) is entitled to reject the complaint in the case that the complaint does not seriously influence the character of the trip and/or the complaint results only in hindrance of minor significance, if exaggerated demands are made, if it is impossible to provide help to the contracting party within the set time limit, if the deficiency in the implementation of the contract is attributable to the contracting party him/herself, if the deficiency in the execution of the contract could not have been foreseen or could not be neutralised, or if the deficiency in the execution of the contract is attributable to situations of force majeure (under force majeure are to be understood abnormal and unforeseeable circumstances that are independent of the will of whosoever claims it and of which the consequences, despite every precaution having been taken, could not have been avoided, see also situations of force majeure as described in par. 5.2).
9.8 In case the contracting party feels that its complaints has not been dealt with during the trip satisfactorily, the contracting party – in the case of a (travel) organisation the client(s) of the (travel) organisation should present these complaints to the relevant (travel) organisation, where the trip was booked, upon which the (travel) organiser shall present the complaint to WPCX - shall present the complaint to WPCX at the very latest within one month of the termination of the trip (the last travel day). The complaint must be presented in writing and must be fully argumented.
10. Luggage / Travel documents and insurance
In the case of a (travel) organisation: for "contracting party" (in the paragraphs 10.1 up to and including 10.5) read also “the client(s) of the (travel) organiser” .
10.1 The contracting party must have in his possession on departure and during the trip the necessary travel documents, such as a valid passport, or, where permitted, a tourist card and any required visa, diving certificates, diving logbook including a health certificate of the doctor, proof of inoculations and vaccinations. In case that the participant is unable to make (part of) a trip due to lack of any (valid) document, WPCX may not be held (financially) responsible, unless WPCX had agreed to provide that document.
10.2 At the very latest on the signing of the travel contract, WPCX shall provide general information to the traveller on passports, visa and any formalities in the area of health care. This information does not bind WPCX. The contracting party must him/herself obtain the necessary information from the relevant authorities and before departure check whether there have been any changes concerning information provided at an earlier date.
10.3 The contracting party must comply with the current import restrictions of the various destinations and the amount of baggage permitted (also as far as the stipulations of the different airlines are concerned). WPCX may not be held liable for e.g. damage and prison sentences which could be imposed in the case of a contravention.
10.4 It is the sole responsibility of the contracting party to acquire the necessary obligatory travel insurance, such as a travel insurance, accident insurance, third party risk insurance, baggage insurance and cancellation insurance. If requested WPCX can provide information on these matters to the contracting party. In case of a medical problem arising during the voyage, either on board or on shore, which results in costs for medical treatment, evacuation, use of aircraft or repatriation etc. etc. the responsibility for payment of these costs belongs solely to the contracting party or participant. WPCX strongly advises and could oblige that passengers ensure that such eventualities are covered by travel insurance. If not covered by travel insurance the responsibility still remains with the contracting party or participant and WPCX specifically decline any responsibility whatsoever.
11.1 If the duration of the trip as stated in the publication is given in days, the day of departure and the day of arrival, irrespective of departure or arrival times, are counted as full days. The definite departure- and arrival times are given in the travel documents.
11.2 The laws of the Netherlands apply to the travel contract and all matters ensuing from this contract.
11.3 Disputes arising out of a travel contract with WPCX of or arising out of these terms will be subject to exclusive judgement of the District Court of Middelburg.
11.4 Responsible for this content is: Waterproof Cruises & Expeditions b.v., Rijtuigweg 44 / 2-5, 4611 EL, Bergen op Zoom, The Netherlands listed at Chamber of Commerce of Middelburg, the Netherlands under no. 22062241.
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