Terms and Conditions
When you book with ITOtours, The Hague hotel service, ITOtours.co.uk, ITOholidays.co.uk, hereafter “the company”, these Terms and Conditions apply to the entire process, in other words from ‘Before booking the travel package’ through to ‘After the travel ‘.
“The company’s” Terms and Conditions are also applicable if the travel agent (booking office) organises and offers a travel package itself, under its name, or sells travel packages for a travel organiser which is not established in the Netherlands.
“The company’s” Booking Terms and Conditions apply to all other forms of service provision by the travel organiser and/or the travel agent (booking office). If it is not clearly stated which terms and conditions are applicable, the “The company’s” Terms and Conditions are applicable.
The range of products offered by a travel organiser ‘online’ can change rapidly. Therefore, it is recommended that you take a screenshot (Print Screen) of the screen on which the travel organiser's offer is shown so that there can be no lack of clarity in the matter later.
The travel organiser (and/or travel agent) and traveller can agree on supplementary clauses to these terms and conditions. These clauses must be set down in writing or electronically and are intended to strengthen the traveller's position. The clauses cannot affect the traveller's rights on the grounds of the law and of these general terms and conditions. In the event of a conflict between an individually agreed clause and these general terms and conditions, the most advantageous provision to the traveller will apply.
“The company’s” TERMS AND CONDITIONS
1. The following terms are defined as follows in these Travel Terms and Conditions:
In the performance of its business, the party offers prearranged travel packages under its name to the public or a group of persons.
a. the other party of the travel organiser, or
b. the party on whose behalf the travel package has been arranged, and who has
accepted this arrangement, or
c. the party to which the legal relationship with the travel organiser has been
transferred, under these terms and conditions.
Travel contract: the contract under which a travel organiser undertakes vis-à-vis its other party to provide a prearranged travel package offered by the travel organiser, which includes an overnight stay for more than 24 hours, and at least two of the following services:
c. another tourist service, not related to transport or accommodation, which forms a significant travel package.
Accommodation-only contracts: travel contracts for which the traveller only reserves holiday accommodation and organises the transport him/herself.
Booking office: the business which mediates between the traveller and the travel
the organiser in entering into the travel contract.
Working days: Mondays through Friday, except for legally recognised public holidays.
Office hours: Mondays through Fridays from 9 AM to 5:30 PM (local), except for legally recognised public holidays.
2. These travel terms and conditions apply to all travel contracts. The travel organiser can stipulate that these travel terms and conditions are also applicable to contracts relating to other travel packages, including accommodation-only contracts and shuttle journeys by coach, as long as stated in the publication.
BEFORE BOOKING THE TRAVEL PACKAGE
Information provided by the travel organiser
1. The travel organiser will provide or ensure information pertaining to the nationality, passports, visas and any formalities to the traveller.
The traveller, him/herself, is responsible for obtaining the necessary additional information from the relevant authorities and ascertaining in good time before departure whether or not the previously obtained information has changed.
2. The traveller/ travel organiser will provide or ensure the provision of information to the traveller on the possibility to take out cancellation insurance and travel insurance.
3. The travel organiser accepts no responsibility for general information in photos, folders, advertisements, websites and other information carriers if these have been drawn up or published by third parties.
Information provided by the traveller
1. Before or no later than at the time the contract is concluded, the traveller will provide the booking office or the travel organiser with all information regarding him/herself and the travellers for which he/she has made a booking which could be of importance in the conclusion or realisation of the contract. This will include the numbers of his/her mobile telephones and e-mail addresses, if available.
2. The traveller must provide information concerning the physical and/or mental condition of the traveller(s) (including the use of alcohol, drugs or medicines) if this physical and/or mental condition could result in discomfort, danger or risks to the traveller or other travellers (passengers and/or crew) or the property of third parties. The passenger is aware that the coach/carrier (for example the captain of an aeroplane) can refuse the passenger the right to further transport if the information turns out to be incorrect or has not been provided.
3. The traveller must also indicate any details that could be important to the proper realisation of the travel package by the travel organiser in terms of the party's capacity or composition for which he/she has made a booking.
1. Termination by travel organiser due to low participation The travel organiser is entitled to terminate the contract with immediate effect if the number of bookings is lower than the required minimum number. It will state the period of notice and the required minimum number of bookings clearly in the offer. Termination must take place in writing within the period stated in the confirmation.
2. Booking party
a. A person who enters into an obligation in the name of or on behalf of another person (the booking party) is jointly and severally liable for all the obligations arising from the contract.
b. All communication (including payment) between the traveller(s) on the one hand and the travel organisation and/or the booking office, on the other hand, will take place exclusively through the booking party.
3. Published details and restrictions
a. If the agreed travel package is included in a publication of the travel organiser, the details of this form part of the contract.
b. If the travel organiser has included general restrictions in the program's general section, and these conflict with the travel terms and conditions, the provisions most favourable to the traveller will be applicable.
4. Departure and arrival times
Departure and arrival times for transport components will be stated in the travel documents. These times are definitive.
5.1 Payment, interest and collection costs
a. At the moment the contract is realised, a deposit must be paid of the total agreed travel sum. Organisers of travel packages, tours, accommodation-only arrangements can deviate from this amount. They must make this known to the traveller in advance.
b. In accommodation-only contracts to hotels, the deposit is 50% of the travel sum.
5.2 The remainder of the travel sum must be in possession of the booking office no later than one month before the day of departure. The traveller will be in default if payment is not made on time. If the traveller does not pay on time, the travel organiser will send the traveller a payment reminder at no charge. If payment has still not been made by that time, the contract will be deemed to have been cancelled on the day of default. The travel organiser is entitled to charge the cancellation costs owed in this context. In such cases, the cancellation fee will be deducted from the amounts already paid.
6. If the contract is realised less than six weeks before the departure date, the entire travel sum must be paid immediately, in full.
7. In the case of a booking via the internet, the travel agent will structure the booking process in such a way that the traveller is informed before the acceptance that he/she is entering into a contract. This contract binds the traveller from the moment the travel agent confirms the booking.
8. A traveller who does not comply with a financial obligation to the travel organiser in good time will owe the statutory interest rate on the remaining amount owed. The traveller will also be required to reimburse any collection costs reasonably incurred by the travel organiser. These amounts will be a maximum of 15% of travel sums up to €2,500, 10% of the subsequent €2,500 and 5% of the next €5,000.
9. “The company’s” is not responsible for any promises made by his/her staff and/or third parties unless such promises are confirmed subsequently in writing.
1. The published travel sum is clearly stated as per person/per group/etc. Any extra costs will be stated clearly.
2. The published travel sum is based on the prices, levies, and taxes known to the travel organiser at the time of its publication.
PERIOD AFTER BOOKING THROUGH TO REALISATION OF THE TRAVEL PACKAGE
Changes to travel sum
1. The travel organiser is entitled to increase the travel sum in the context of changes to the transport costs (including fuel costs), the taxes and levies owed, up to 14 calendar days before the date of departure (in the case of accommodation-only contracts, before the date of arrival at the first booked accommodation).
2. The traveller is entitled to reject an increase to the travel sum as referred to in paragraph 1. The traveller must use this right within three working days of receipt of notification of the increase on penalty of forfeiture.
3. The traveller him/herself is responsible for having the necessary travel documents with him/her, such as a valid passport or, where permitted, an identity card and any necessary visas.
4. After the contract has been realised. The traveller can request changes to it. This is subject to the condition that the traveller pays the amended travel sum after deducting the amounts already paid. Furthermore, the traveller is required to pay an amendment fee per booking and, if appropriate, communication costs, as stated in the offer.
3. A change to the departure date or reducing the number of paying passengers will be considered a cancellation or part cancellation.
4. The traveller can be substituted by another person in good time before commencing the travel package.
5. Cancellation/changes instigated by the client. Any cancellations of or modifications to the order(s) issued can only occur on working days and only at the client's request. If a cancellation takes place or changes are made to reservations already made at the client's request, the costs relating to this will be charged. These can be cancellation or amendment costs charged by the service provider and/or the costs which the travel agent is forced to incur to realise the cancellation or change.
Cancellation by the traveller
1. Standard cancellation fee
If a contract is cancelled, “the company” can charge the traveller the following cancellation fees, in addition to any reservation costs owed:
If a reservation for only hotel accommodation is made, either with or without breakfast,
then the following applies to the Cancellation of this reservation.
a. In case of Cancellation more than three months before the first Catering Service should be provided under the terms of the Catering Agreement, the Customer is not obliged from now on called “the Commencement Date” to make any payment to the Hotel Establishment.
b. In case of Cancellation more than two months before the Commencement Date, the Customer is obliged to pay 15% of the Reservation Value to “the company”.
c. In case of Cancellation more than 1 month before the Commencement Date, the Customer must pay 35% of the Reservation Value to “the company”.
d. In case of Cancellation more than 14 days before the Commencement Date, the Customer is obliged to pay 60% of the Reservation Value to “the company”.
e. In case of Cancellation more than seven days before the Commencement Date, the Customer is obliged to pay 85% of the Reservation Value to “the company”.
f. In case of Cancellation 7 days or less before the Commencement Date, the Customer is obliged to pay 100% of the Reservation Value to “the company”.
2. Partial cancellation
a. If a traveller in a party cancels his/her share of a contract for a joint stay in the accommodation, he/she will owe a cancellation fee.
3. Outside office hours
Cancellations made outside office hours are deemed to have taken place on the next working day.
1. The travel organiser is entitled to change the agreed service provision due to
2. In the event of a change, the travel organiser will make the traveller an alternative offer, if possible. This will be done within three calendar days of being notified of the change. The alternative offer must be at least equivalent to the original booking.
AFTER THE TRAVEL PACKAGE
1. If a complaint has not been resolved satisfactorily, it must be submitted in writing, giving details, to the travel organiser or the booking office within two weeks after the original date of departure if the travel.
2. If the traveller does not submit the complaint in good time, we will have to give the service provider enough time to investigate the matter
3. The travel organiser will issue a written response no later than one month after receiving the complaint.
Dutch law applies to the contracts entered into, amended or supplemented based on these Travel Terms and Conditions.
All rights of claim will lapse one month after the travel package's end (or if the travel package did not occur, one month after the original date of departure).
Additional conditions applicable to group bookings booked at ITO tours UK
ITO Tours UK Ltd is a company committed to customer satisfaction and consumer financial protection. We are therefore pleased to announce that, at no extra cost to you, and in accordance with ''The Package Travel, Package Tours Regulations'' all passengers booking with ITO Tours UK Ltd are fully insured for the initial deposit, and subsequently, the balance of monies paid as detailed in your booking confirmation form. The policy will also include repatriation, if required, arising from the cancellation or curtailment of your travel arrangements due to the insolvency of ITO Tours UK Ltd. Towergate Chapman Stevens has arranged this insurance through Zurich Insurance PLC.
In the unlikely event of Insolvency, you must Inform Towergate Chapman Stevens immediately at +44 (0) 1932 334140 or by email at firstname.lastname@example.org . Please ensure you retain the booking confirmation form as evidence of cover and value. Policy exclusions: This policy will not cover any monies paid for Travel Insurance or any claim relating to Air Flights. Please ensure the Company you have booked with has the appropriate CAA / ATOL Bonds in place.
1. Holiday Payment: You must pay a non-refundable deposit per person when confirming a booking. The balance of the holiday price is due for payment no less than 70 days before departure for all holidays. If the balance is not paid on time, we reserve the right to treat your booking as cancelled by you and apply the cancellation charges set out in Clause 3. For bookings made on or after the balance due date, the full amount is due at the time of booking. The person making the booking is responsible for the whole group and takes responsibility for paying for the number of people confirmed on the booking form. You must be at least 18 years old to make a booking with us.
2. Agreement: A contract is made when we verbally confirm your booking or, if you confirm your booking online, it is confirmed by the issue of an electronic confirmation and invoice at the end of the booking process, which you must print and keep. We will endeavour to post our confirmation to you within 7 days of receiving your booking for all other bookings. You must check all documents you receive from us carefully as soon as you receive them. We cannot accept any liability if we are not notified of any inaccuracy in any document within 14 days of us sending it out (in the case of travel documents/tickets, 5 days). Both parties agree that English Law will apply to your contract and any dispute, claim or other matter of any description which arises between us (except as set out below). Both parties also agree that any dispute, claim, or other matter of any description (and whether or not involving any personal injury) which arises between both parties must be dealt with by the Courts of England and Wales, only unless, in the case of Court proceedings, you live in Scotland or Northern Ireland. In this case, proceedings must either be brought in the Courts of your home country or England and Wales. If proceedings are brought in Scotland or Northern Ireland, you may choose to have your contract and any dispute, claim or other matter of any description which arises between us, governed by the law of Scotland/Northern Ireland, as applicable (but if you do not so choose, English law will apply).
3. Holiday Cancellation by You: If you want to cancel your booking after confirming it, you must do so in writing. Your notice of cancellation will only be effective when it is received in writing by us at our offices. Amendment fees are not refundable. We will ask you to pay cancellation charges per person on the scale shown below. Cancellation charges are calculated based on the total cost payable by the person(s) cancelling, amendment charges and any additional services, all of which are non-refundable.
More than 70 days - loss of deposit
Between 39 and 70 days - 75% or full deposit if greater
Less than 39 days - 100%
In the event of a cancellation of a booking secured by a low deposit, we reserve the right to collect the balance of the full deposit amount. For flight inclusive bookings, you must pay the charges levied by the airline concerned, in addition to the charges set out above. You may be able to claim under your travel insurance policy if your cancellation falls within the conditions of the policy. Claims must be made directly to the insurance company concerned. Where any cancellation reduces the number of full paying party members below, the number on which the price, number of free places and/or any concessions agreed for your booking were based, we will recalculate these items and re-invoice you accordingly. If any member of your party is prevented from travelling, that person may transfer their place to someone else (introduced by you), providing we are notified not less than two weeks before departure. Where a transfer to a person of your choice can be made, all costs and charges incurred by us and/or incurred or imposed by any of our suppliers as a result, together with an amendment fee of £20 per person, must be paid before the transfer can be affected. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight.
4. Holiday Alteration by You Should you wish to make any changes to your booking, please advise us as soon as possible in writing. Whilst we cannot guarantee a change, changes can be made to your booking, and we will endeavour to meet requests if we can. Where we can do so, the following charges will apply (in addition to any charges our suppliers may impose or incur, this could be 100% of the transport cost): We may charge an amendment fee of £10 per booking for each item you want to change. However, some changes made after the balance due date (see Clause1) may be treated as cancelling your original booking. In that case, we may ask you to pay cancellation charges on the scale shown above in Clause 3, together with the full cost of your new holiday, plus any further costs we may incur. Insurance premiums are normally transferable from one holiday to another (including when you travel earlier or later than originally booked), but not from one person to another.
5. Alterations and Cancellations by Us: Occasionally, we have to make changes to, and correct errors in our brochures and other details, both before and after bookings have been confirmed. We may also have to cancel confirmed bookings. Whilst we always try to avoid making changes and cancellations, we must reserve the right to do so. Most changes are minor, and we will try to tell you of such changes before leaving on holiday. Occasionally, we have to make a significant change to your holiday before departures, such as the following: a change of outward departure time of more than 12 hours; a change of departure point to one which is more than 20 miles away; a change of destination (i.e. country); a significant change in the itinerary; a change of accommodation to that of a lower category for the whole or the majority of your holiday. If there is time to do so before departure, we will offer the following options: (a) accepting the changed arrangements; (b) transferring to an alternative holiday offered by us of a similar standard to that originally booked if available. If your alternative holiday is cheaper than the original one, we will refund the price difference. If you do not wish to accept this alternative, you may choose any of our other available holidays and pay the applicable price of any such holiday. This will mean you are paying more if it is more expensive or receiving a refund if it is cheaper; or (c) cancelling or accepting the cancellation, in which case you will receive a full and prompt refund. PLEASE NOTE: the above options are not available where any change made is a minor one. If we have to make a significant change or cancel, we will pay you the compensation set out in the table below, subject to the following exceptions: (i) compensation will not be payable, and no liability beyond offering the above mentioned choices can be accepted, where we are forced to make a change or cancel, as a result of unusual and unforeseeable circumstances beyond our control, the consequences of which we could not have avoided even with all due care; or (ii) we have to cancel because the minimum number of bookings necessary for us to operate your holiday has not been reached. No compensation will be payable, and the above options will not be available if we cancel due to your failure to comply with any requirement of these Booking Conditions entitling us to cancel (such as paying on time) or if the change made is a minor one. A minor change is any change which, taking account of the information you have given us at the time of booking, or which we can reasonably be expected to know as a tour operator, we could not reasonably expect to have a significant effect on your holiday. A change of flight time of fewer than 12 hours, airline (except as specified in Clause 18), type of aircraft (if advised) or destination airport will all be treated as minor changes. Period of notification given to you before departure date Minimum compensation per fare-paying passenger when a major change
Between 14 and 28 days - £10
Less than 14 days - £20
*Compensation, which was shown as a percentage, is calculated based on the basic holiday price paid, excluding insurance premiums and any credit/charge card and PayPoint card fees and amendment/cancellation charges. In all cases, our liability for significant changes and cancellations is limited to offering you options and, where applicable, compensation payments. We may rarely be forced by ‘force Majeure (see below) to change or terminate your holiday after departure, but before the scheduled end of your time away. This is extremely unlikely, but if this situation does occur, we regret we will be unable to make any refunds (unless we obtain any refunds from our suppliers), pay you any compensation or meet any costs or expenses you incur as a result.
6. Force Majeure: Except where otherwise expressly stated in these booking conditions, we regret we cannot accept liability or pay any compensation where the performance, or prompt performance, of our contractual obligations to you is prevented or affected, or you otherwise suffer any damage, loss or expense of any nature as a result of ‘force Majeure. In these Booking Conditions, ‘force Majeure means any event or circumstances which the supplier of the service(s) in question or we could not, even with all due care, foresee or avoid a riot, civil strife, terrorist activity, industrial dispute, natural or nuclear disaster, adverse weather conditions, fire, pandemics/epidemics and all similar events outside our control.
7. Itinerary Changes: It may be necessary, sometimes at short notice, to make changes to an itinerary due to weather, traffic or road conditions. Regrettably, coaches, trains, ships and aircraft occasionally break down, or certain facilities onboard a coach, train, ship or aircraft may become faulty. Every effort will be made to rectify such issues as quickly as possible. In some instances, it may be necessary to replace the vehicle or aircraft which cannot be repaired. We cannot accept any responsibility for delays caused by any form of breakdown.
8. Travel Delay: We try to avoid flight delays and delays to your sea crossing/tunnel crossing. Unfortunately, they occasionally happen. If there is a delay of a flight booked by us as part of a package holiday, we will endeavour to minimise any discomfort by providing extra services to you (in the event of delay to your rail/air departure, responsibility for any meals rests with the airline, or rail operator). These additional services are subject to availability. We shall not be responsible for reimbursement of any payment you have to make unless we have given our agreement beforehand.
9. Artists, Concerts, Entertainments and Rides: We cannot accept responsibility for the non-appearance of any artist or the cancellation/withdrawal/closure of any concert/event/entertainment/ride (e.g. at Disneyland® Paris) for whatever reason. Should any such situation arise, the holiday arrangements will still proceed. We will not always be in a position to advise you in advance of any such cancellation etc. Such situations will not constitute a significant change to your holiday arrangements, entitling you to cancel or change to another holiday without paying our normal charges, and no compensation, refunds or expenses will be payable.
10. Conditions of Suppliers: Many of the services which make up your holiday are provided by independent suppliers. Those suppliers provide these services in accordance with their own terms and conditions. Some of these terms and conditions may limit or exclude the supplier’s liability to you, usually in accordance with applicable international Conventions (see Clause 15 (6)). Copies of the relevant parts of these terms and conditions are available on request from ourselves or the supplier.
11. Special Requests: We will endeavour to pass on any reasonable requests to the relevant supplier but cannot promise that any request will be honoured and may not always be able to tell you before you leave if we cannot meet your special requests. For your own protection, you should obtain confirmation in writing from us that your request will be complied with (where we can give this) if your request is important to you. Confirmation that a special request has been noted or passed on to the supplier or the inclusion of the special request on your confirmation invoice or any other documentation is not confirmation that the request will be met. Unless and until specifically confirmed, all special requests are subject to availability.
12. Complaints Procedure Should you have a complaint about any aspect of your holiday, you must notify our Tour Manager or our Duty Manager, or one of our representatives, together with the supplier of the services in question, immediately so that the problem can be quickly resolved in the resort. If the matter cannot be resolved, you must immediately complete a Customer Complaint Form (available from our representative) with details of your complaint. You must send this report to us within 28 days of returning home. Disputes arising out of, or in connection with, any contract for non-air-inclusive holidays only, which cannot be amicably settled, may be referred to arbitration if the customer wishes. We undertake to deal with your complaint promptly, carefully and fairly. Still, We cannot accept liability regarding any claim of which we are not notified in accordance with this clause. A letter to confirm that we have received your complaint will be sent to you within 7 days to confirm receipt of your letter, and a reply will be sent to you 4 weeks from the date we confirm receipt of your letter.
13. Holiday Insurance It is a condition of booking a holiday with us to take out insurance. It is your responsibility to ensure that your purchase's insurance cover is suitable and adequate for your particular needs. We do not check alternative insurance policies.
14. Pricing Policy: The prices given to you are based on known costs and exchange rates at the time of 1st October 2018. We will, however, depending on the circumstances, increase or decrease prices by way of a surcharge or refund of transportation costs (e.g. fuel, scheduled airfares and any other airline surcharges which are part of the contract between airlines (and their agents) and the tour operator) or dues, taxes or fees payable for services such as landing taxes or embarkation or disembarkation fees at ports or airports change. Even in the above cases, only if the amount of the increase in our costs exceeds 2% of the total cost of your holiday will we levy a surcharge. If any surcharge is greater than 10% of the cost of your holiday, you will be entitled to cancel your booking and receive a full refund of all monies you have paid to us (except for any amendment charges) or purchase another holiday from us, as referred to in Clause 5. The total cost of your holiday to calculate 2% or 10% as above excludes insurance premiums, credit/charge card and PayPoint card fees and any amendment charges. Although insurance (where purchased through us) does not form part of your contract with us or of any ‘package’, we will consider an appropriate refund of any insurance premiums you have paid us if you can show you are unable to use/reuse or transfer your policy in the event of cancellation or purchase of an alternative holiday. A refund will only be payable if the decrease in our costs exceeds 2% as set out above. We will pay you the full amount of the decrease in our costs when a refund is due. You have 14 days from the issue date printed on the surcharge invoice to tell us if you want to cancel or purchase another holiday where applicable. If you do not tell us that you wish to do so within this period of time, we are entitled to assume that you will pay the surcharge. Any surcharge must be paid with the balance of the cost of the holiday or within 14 days of the issue date printed on the surcharge invoice, whichever is the latter. We promise not to levy a surcharge within 30 days of the start of your holiday. No refund will be payable if any decrease in our costs occurs during this period either. We reserve the right to increase or decrease prices at any time after brochure publication, as our costs change and exchange rates fluctuate, or to correct errors. The current prices of our holidays are shown on our website and are available by phone. Please ensure you have checked the price of any holiday you are interested in before making your booking.
15. Our Liability (Events Connected with your holiday Package)
1. We promise to ensure that the holiday arrangements we have agreed to make, perform or provide as applicable as part of our contract with you are made, performed or provided with reasonable skill and care. This means that subject to these Booking Conditions, we will accept responsibility if, for example, you suffer death or personal injury, or your contracted holiday arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing, as applicable, your contracted holiday arrangements. PLEASE NOTE: it is your responsibility to show that reasonable skill and care has not been used if you wish to claim us. In addition, we will only be responsible for what our employees, agents and suppliers do, or do not do, if they were, at the time, acting within the course of their employment (for employees) or carrying out work we had asked them to do (for agents and suppliers).
2. We will not be responsible for any injury, illness, death, loss (for example, loss of enjoyment), damage, expense, cost or other sum or claim of any description whatsoever which results from any of the following: the act(s) and/or omission(s) of the person(s) affected or any member(s) of their party; or the act(s) and/or omission(s) of a third party not connected with the provision of your holiday and which were unforeseeable or unavoidable or ‘force Majeure, as defined in Clause 6.
3. We cannot accept responsibility for any services which do not form part of our contract. This includes, for example, any additional services or facilities which your hotel or any other supplier agrees to provide for you where the services or facilities are not advertised in our brochure, and we have not agreed to arrange them and any excursion you purchase in the resort. In addition, regardless of any wording used by us on our website, in any of our brochures or elsewhere, we only promise to use reasonable skill and care as set out above, and we do not have any greater or different liability to you.
4.The promises we make to you about the services we have agreed to provide or arrange as part of our contract, and the laws and regulations of the country in which your claim or complaint occurred, will be used as the basis for deciding whether the services in question had been properly provided. If the particular services which gave rise to the claim or complaint complied with local laws and regulations applicable to those services at the time, the services will be treated as having been properly provided. This would be the case even if the services did not comply with the laws and regulations of the U.K., which would have applied had those services been provided in the U.K. The exception to this is where the claim or complaint concerns the absence of a safety feature, which might lead a reasonable holidaymaker to refuse to take a holiday in question.
5. Where we are found liable for loss of and/or damage to any luggage or personal possessions (including money), the maximum amount we will have to pay you is £35 per person affected. For all other claims which do not involve death or personal injury, if we are found liable to you on any basis, the maximum amount we will have to pay you is twice the price (excluding insurance premiums and credit/charge card and PayPoint card fees and amendment charges) paid by or on behalf of the person(s) affected in total, unless a lower limitation applies to your claim under Clause 15 (6). This maximum amount will only be payable where everything has gone wrong, and you have not received any benefit at all from your holiday.
6. Where any claim or part of a claim (including those involving death or personal injury), concerns, or is based on, any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotelier concerned would have to pay under the International Convention or Regulation, which applies to the travel arrangements or hotel stay in question (for example, the Warsaw Convention as amended or unamended and the Montreal Convention for international travel by air and/or for airlines with an operating licence granted by an EU country, the EC Regulation on Air Carrier Liability No 889/2002 for national and international travel by air, the Athens Convention for international travel by sea or the Convention concerning International Carriage by Rail (COTIF)). Where a carrier or hotelier would not be obliged to make any payment to you under the applicable International Convention or Regulation, in respect of a claim or part of a claim, we, similarly, are not obliged to make a payment to you for that claim, or part of the claim. When making any payment, we are entitled to deduct any money which you have received or are entitled to receive from the transport provider or hotelier for the complaint or claim in question. Copies of the applicable International Conventions and Regulations are available from us on request.
7. We cannot accept any liability for any damage, loss, expense or another sum (s) of any description (a) which, based on the information given to us by you concerning your booking before our accepting it, we could not have foreseen you would suffer or incur if we breached our contract with you or (b) which did not result from any breach of contract or another fault by ourselves or our employees or, where we are responsible for them, our suppliers or (c) which relate to any business (including loss of self-employed earnings)
8. You must provide ourselves and our insurers with all assistance we may reasonably require. You must also tell the supplier about your claim or complaint as set out in Clause 12 above and us. If asked to do so, you must transfer to us, our insurers, any rights you have against the supplier or whoever else is responsible for your claim or complaint (if the person concerned is under 18, their parent or guardian must do so). You must also agree to cooperate fully with our insurers and us if we, or our insurers, want to enforce any transferred rights.
16. Passengers with Health Considerations/Disabilities: Our holidays may not suit people with certain disabilities or medical conditions. If you have a disability, coaches can be difficult to get on and off, and some of our hotels do not offer ground/lower floor accommodation or lifts/easy access. We always endeavour to assist if we reasonably can where additional equipment needs to be transported in relation to a disability or medical problem. However, please bear in mind that coaches are subject to overall weight restrictions and have limited space to accommodate the luggage of all passengers. If we have already agreed to transport such additional equipment for an earlier booking, we may not do so for a later booking for the same coach. This is particularly the case where any such equipment is relatively bulky or heavy. We will not usually be able to carry more than one mobility scooter on a coach. Carriage of any equipment is subject to its individual size, weight and other details, full details of which must be provided at the time of booking. Airlines have their own restrictions on the carriage of such equipment. Should you have any disability or medical condition that may affect your or other passengers’ holidays, you must provide full verbal and written details when you book the holiday, including any specific requirements you have. Additionally, when you book the holiday, you must provide verbal and written confirmation that all assistance required will be provided by your travelling companion(s). You must also notify us of any changes or deterioration in the disability or medical condition or development of any disability or medical condition after booking. Given the nature of our holidays, we regret we must reserve the right to decline any booking or cancel (in the event of the development, deterioration or change of any disability or medical condition occurring after confirmation) whenever we reasonably feel unable to accommodate the needs or restrictions of any particular customer or where, in our reasonable opinion, the medical condition or disability of the customer concerned is likely to have a significant adverse effect on other customers taking the same holiday. We further reserve the right to cancel any holiday and impose cancellation charges if we are not fully advised of any relevant disability or medical condition when the booking is made and/or promptly notified of any development, change or deterioration occurring after booking. On occasions, the decision to cancel can only be made when the person concerned joins the coach for the first time, as it may only be apparent at this stage that their disability or medical condition cannot be accommodated. Any customer affected by a disability or medical condition must ensure they have notified their travel insurers and that their travel insurance will cover it. As it is a condition of booking that all customers have adequate and appropriate travel insurance, we are entitled to insist on evidence that the disability or medical condition is covered.
17. Behaviour: When you book with us, you accept responsibility for any damage or loss caused by you. Full payment for any such damage or loss (reasonably estimated if not precisely known) must be paid direct at the time to the accommodation owner or manager or other suppliers. If the actual cost of the loss or the damage exceeds the amount paid where estimated, you must pay the difference once known. If the actual cost is less than the amount paid, the difference will be refunded. You will be responsible for meeting any claims subsequently made against us and all costs incurred by us (including our own and the other party’s full legal costs) resulting from your actions. In the event of any customer behaving in such a way as is likely, (in our reasonable opinion or the reasonable opinion of any person in authority) to cause offence, danger, damage, discomfort or distress to others, we reserve the right to terminate that person’s holiday arrangements. We will not be liable to complete your holiday arrangements (including return travel arrangements). We will not pay you nor be liable for any refund, compensation, or any other costs you have to pay. We cannot accept liability for the behaviour of others in your accommodation or if facilities are removed as a result of their action.
18. Optional Excursions: Optional Excursions are included in some itineraries. Wherever possible, we ensure that they operate in accordance with the advertised itinerary but reserve the right to make alternations if necessary. Some excursions may be subject to weather conditions or minimum numbers. Your local tour manager will give you full details. No refunds are possible if you miss an excursion for whatever reason. We also reserve the right to increase our optional excursion prices if booked in the resort.
19. Data Protection: To process your booking and to ensure that your travel arrangements run smoothly and meet your requirements, we need to use the information you provide (such as name, address, any special needs/dietary requirements etc.). We take full responsibility for ensuring that proper security measures are in place to protect your information. We must pass the information on to the relevant suppliers of your travel arrangements such as airlines, hotels, transport companies etc. The information may also be provided to public authorities such as customs/immigration if required by them or law. Additionally, where your holiday is outside the European Economic Area (EEA), controls on data protection in your destination may not be as strong as the legal requirements in this country. However, we will not pass any information on to any person not responsible for part of your travel arrangements. This applies to any sensitive information you give to us, such as details of any disabilities or dietary/religious requirements. (If we cannot pass this information to the relevant suppliers, whether in the EEA or not, we cannot provide your booking. In making this booking, you consent to this information being passed on to the relevant persons).
20. Baggage Allowance: Those on tours travelling by coach are asked to limit baggage to one piece plus hand luggage per person
21. Departure Time & Pick up Points: Departure times are often in the early hours of the morning and will, in most cases, be on the date stated. However, in some cases, such as if you are travelling by coach and live more than 7 hours driving time from the departure point, your departure date maybe the day before. This may also be the case when returning from your tour. Your arrival date back at your original pick up point may be the following day. Pick up points are operated subject to a minimum of 5 passengers. If less than 5 passengers are booked at a particular location, we reserve the right to move you to the next closest point (within 20 miles). Pick up points can be guaranteed on payment of a reasonably priced supplement.
22. Our Brochure & Website descriptions: We make every effort to ensure that our tour information is accurate when going to press. However, circumstances beyond our control (such as those described in section 6) may make it necessary to change some arrangements. We cannot accept liability for cancellation or curtailment in these instances. Unless otherwise stated, our prices are per person based on sharing a twin or double bedded rooms. Single rooms are available on most departures. Private facilities provide a WC and either bath or shower for your exclusive use. If a triple or family room is requested, a twin/double with extra beds may be provided. In some countries, particularly in family-run hotels, the dining/bar areas may be in a separate building from the accommodation. The term “hotel” covers all accommodation in this brochure and does not necessarily distinguish between local terms such as Motel, Inn, Lodge or Village. Regrettably, standards of infrastructure, hygiene, safety, fire precautions etc., vary from country to country. In more remote areas, electricity/water supplies may be liable to disruption for short periods. We also recognise the inconvenience caused by building works on or near your accommodation in fast-expanding resorts. We have no control over such developments, but if we find out about them and believe they will seriously affect your enjoyment, we will tell you and allow you to transfer to another Tour or cancel without penalty. In some areas, the local situation may demand that you take safety precautions. Advice will always be available from the appropriate tourist office or our representative. Alternatively, you can call the Foreign Office Travel Advice Unit on 0845 8502829 or www.fco.gov.uk Web site – in the event of your online confirmation showing an incorrect price for your holiday, the price that will prevail is the price shown in our most current brochure.
23. Passports and Visas: It is your responsibility to ensure that you meet all passport and visa requirements for your journey overseas as well as all costs in securing the required documentation. We cannot make any refunds to clients unable to travel through failure to obtain a passport or visa.
Our Address and details :
ITO tours b.v.
T.+31(0)70 3524 534
F.+31(0)70 3548 827
KVK : 27182305
VAT : 808279154 B 01
IBAN NL14 INGB 0667 5616 25