General Terms and Conditions
1. Introduction. Adventure and what sometimes comes of it.
EigenWijze Duikreizen (further: EWDR) is specialized and experienced in travel, especially dive travel. EWDR has accumulated a wealth of knowledge, experience and contacts in the travel industry over the years. EWDR therefore knows a lot about dive sites, local guides and suitable carriers for the enthusiastic (diving) traveler. Moreover, EWDR is always on the lookout for new and interesting dive sites, having discovered many beautiful and valuable destinations over the years.
That search for new, memorable and often exotic dive destinations has a logical downside. Sometimes tourism in the dive sites found by EWDR is still in its infancy. Local customs may be different from ours. Sometimes such customs can be a disappointment to travelers, especially if they have high demands for punctuality, punctuality of appointments and comfort. Also, local technical capabilities are sometimes lacking, such as for timely repair of a (boat) part in a remote area. EWDR is not always in control of that. However, EWDR always tries to make the best and surest choice when choosing local auxiliaries, carriers or guides.
EWDR has often dived itself on site at the dive sites we offer and from its own experience has made what EWDR believes to be the best choice in the travel offerings. Sometimes, however, that choice is limited to a single provider.
With Liveaboards, the EWDR traveler is almost always faced with written (far-reaching) exclusions of liability, so-called “waiver agreements.” These are often modelled on the American model by the liveaboard organizer. Upon arrival on board, the traveler will be required to sign this waiver agreement. EWDR is not in a position vis-à-vis liveaboard organizers to exclude such waiver agreements for EWDR travelers and therefore feels compelled to include the contents of those waiver agreements in its own relationship with the traveler. EWDR asks the traveler for understanding and acceptance of such limitations. Incidentally, EWDR will always inform the traveler to the best of its ability, including such local restrictions.
EWDR’s general terms and conditions are written from this outlined perspective. By accepting these general terms and conditions, the traveler declares to be familiar with and agree to that perspective.
2. Definitions
In these general terms and conditions, the following definitions shall apply:
EWDR: EWDR BV, located at 3532 HW, Utrecht at Vleutenseweg 386, registered in the Trade Register of the Chamber of Commerce number 83127003, website www.ewdr.com;
Travel Agreement: the agreement as named and described in Articles 7:500 to 7:513 of the Dutch Civil Code;
Traveler (“he” in each case also to be read as “she”): the natural person with whom EWDR concludes an agreement or travel contract, respectively.
3. Applicability
These general terms and conditions apply to all legal relationships between EWDR and the traveler regarding the (travel) agreement concluded on behalf of the traveler.
Amendments to these terms and conditions must be expressly confirmed by EWDR in writing.
If one or more provisions in these general terms and conditions or in the concluded agreement are null and void or may be annulled, the remaining provisions of these general terms and conditions and the agreement will continue to apply. In that case, the traveler and EWDR shall consult to agree on new provisions to replace the void or voided provisions, taking into account as much as possible the purpose and intent of the original provisions.
4. Offers, formation and duration of the agreement
Quotes are always revocable due to changed availability and other external causes. Otherwise, quotations are valid for two weeks from their date unless otherwise indicated.
Prices in quotations include VAT unless otherwise indicated.
Obvious errors and mistakes in the website or (written) other information carriers of EWDR, such as brochures, advertising leaflets and the like, cannot bind EWDR.
The offered price and further contents of an offer are valid only upon availability of the accommodations and any flights offered, with the understanding that flights have always been checked by EWDR and are available at the offered rate at the time of offer. No options are taken on accommodations or flights at the time of the quote, unless otherwise stated in the quote.
One or more accommodations may no longer be available at the time of booking. If this is the case, EWDR will attempt to book alternative, minimally equivalent accommodation for the traveler, in close consultation with the traveler.
An agreement between EWDR and the traveler comes into effect either after acceptance within the validity period of the offer, including the general terms and conditions, or after the equivalent acceptance via EWDR’s website.
Local excursions, services, guides, etc., are only part of the (travel) agreement insofar as expressly included in the written confirmation (booking). A reference to the on-site opportunity is insufficient for this purpose.
5. Preferences and essences
Special requests (preferences) communicated at the time of booking will be met to the best of EWDR’s ability. Whether that succeeds depends on the final service provider, such as the hotel, for example. If a wish is so essential that a travel contract will be concluded only if it is determined that this wish will be fulfilled, then it is an essence. Usually these are essences on medical grounds. The booking confirmation will then include a mention of this, including any surcharge due.
6. Diving
All dives are offered inclusive of bottle/lead/air and exclusive of diving equipment and nitrox unless otherwise stated. All dives are shore dives unless otherwise noted. In addition, all dive packages are designed for certified divers. There is an additional charge for any diving course, upon request.
7. Included / not included
Not included in the fare are:
Exit taxes, visa fees, meals unless otherwise stated, dive permits, certification fees, marine park fees, equipment rental, extra baggage charges (airlines), gratuities, expenses of a personal nature (drinks, souvenirs, etc.), any guide services unless included in the travel contract, travel insurance, cancellation fees, diving insurance, vaccinations and other items not reported.
On liveaboards, port charges and any fuel surcharges are not included in the fare and must be paid on board unless otherwise stated.
Travel prices are always per person based on a shared double room unless explicitly stated otherwise. In some cases it is possible to book a triple room or even accommodation suitable for families. A 3-person room is almost always based on a 2-person room with an extra bed, usually a simple bed/mattress pushed in and not always the same quality as the main bed. A single room can be booked if possible, usually at an additional charge.
8. Client/traveler information
The traveler is required to provide EWDR with all information and documents that EWDR needs for the proper execution of the trip in a timely manner and in the desired manner.
The traveler is additionally required to provide EWDR, of his or her own accord, with any information in a timely manner that the traveler knows, or reasonably should know, is or may be important to the proper execution of the trip.
The traveler guarantees the accuracy, completeness and reliability of the information provided to EWDR, even if it comes from third parties.
EWDR has the right to suspend the execution or start of the trip until the traveler has fulfilled these obligations. If the traveler fails to fulfill these obligations and the execution of the trip is delayed as a result, or the information provided by the traveler does not comply with the provisions of paragraph 3, the resulting additional costs shall be borne by the traveler.
9. Entry Rules: Travel Documents & Vaccinations & Visa
The traveler is responsible for the possession and availability, at departure and during the trip, of all required travel documents and other necessary papers.
In the event that the traveler does not receive the travel documents five working days before the start of the trip, the traveler shall inquire with EWDR.
Passengers who are not Dutch nationals may have to meet different conditions. EWDR advises those travelers to make timely inquiries about it. Also, EWDR advises travelers to apply for any necessary passport and/or visa in a timely manner.
EWDR makes every effort to inform the traveler as fully and accurately as possible about relevant entry regulations, including conditions for travel documents, visa requirements and referrals to relevant agencies for travel advice and (mandatory) vaccinations. However, the traveler himself remains primarily responsible to be aware of and comply with all entry regulations, including those of countries where a stopover is made en route to the final destination.
If the trip cannot take place because the traveler does not have the necessary documents at the time of departure, this is considered cancellation by the traveler due to a circumstance attributable to him.
10. Payment
Payment must be made within the deadline specified in the quotation or agreement, respectively.
11. Cancellation and costs
If the traveler cancels the trip due to a circumstance concerning him, the traveler shall owe the following amounts in addition to any reservation fees due:
| a. until the 56th day before the day of departure: | the down payment;* |
| b. from the 56th day to the 42nd day before the day of departure: | the down payment + 35% balance payment; |
| c. from the 42nd day to the 28th day before the day of departure: | the deposit + 50% balance payment; |
| d. from the 28th day to the 14th day before the day of departure: | the down payment + 75% balance payment; |
| e. from the 14th day to the 5th day before the day of departure: | the down payment + 90% balance payment; |
| f. from the 5th day through the day of departure: | 100% of the travel sum |
*If the traveler uses a liveaboard during their trip, alternative cancellation policies apply:
a. Up to 60 days before departure: the deposit + 50% balance payment;
b. From 60 days to departure day: 100% of the travel sum.
The person who enters into the travel contract on behalf of the travel party is considered the main booker. The main booker is fully responsible for all obligations under the agreement. This means that only the main booker can make any changes, cancellations or additions to a booking.
All cancellations must be sent (by the main booker) in writing or by e-mail to EWDR’s (e-mail) address. If you cancel outside business hours, it is considered done on the next business day.
Partial cancellation: In the event that a traveler within a travel group cancels their part of a joint agreement for an accommodation (including liveaboard), transfer, roundtrip or joint airline ticket booking, they must pay a cancellation fee. Since the agreed travel price was based on a total number of participants including the traveler who cancels, the remaining travelers will be offered a change proposal with an adjusted travel price. For the remaining travelers, the fare will be changed and normal payment rules will apply. If the change offer is not possible or not accepted, the contract will be canceled for all travelers, with a cancellation fee due. The total amount of cancellation fees and amended travel price will never exceed the original total travel price, and any excess will be deducted from the new travel price.
12. Modification in substantial and subordinate parts, respectively.
EWDR is entitled to change a concluded (travel) agreement in essential parts due to important circumstances communicated to the traveler without delay, for example if the originally planned trip cannot take place due to circumstances beyond EWDR’s control.
The traveler may reject the change. In this case, he will receive a refund of the travel price or deposit, respectively.
EWDR is additionally entitled, in the event that relevant circumstances give cause to do so and with immediate notice to the traveler, to change the (travel) agreement in minor respects. The traveler may reject such modification in minor respects only if such modification causes him more than minor inconvenience.
EWDR may increase the fare up to 20 days prior to the start of the trip due to changes in transportation costs, including fuel costs, taxes due or applicable exchange rates.
The traveler may reject the price increase referred to in section 4. Unless otherwise notified, the agreement shall then be deemed terminated by EWDR. In this case, the traveler will receive a refund of the travel price or deposit, respectively.
The period within which the traveler may exercise his right to reject within the meaning of parts 2, 3 and 5 shall be 3 days. After that, that right is considered expired.
13. Termination by EWDR:
EWDR is entitled to cancel a concluded (travel) agreement due to weighty circumstances communicated to the traveler without delay.
EWDR may be forced to cancel a (travel) agreement in the event of participation by an insufficient number of travelers. Insofar as EWDR wishes to reserve that right, EWDR will mention it in the contract, indicating the required minimum number of participants and the deadline for notifying the traveler of the cancellation.
EWDR may be forced to cancel a (travel) agreement due to nuisance of the traveler. Any expenses in that case will be borne by the traveler.
EWDR may also be forced to cancel a concluded (travel) agreement in the event of force majeure. In this regard, force majeure is considered to be any abnormal and unforeseeable circumstance that makes the trip or its progress practically impossible, excessively impedes it by objective standards, and/or involves danger for the traveler, arising independently of the will of EWDR and the consequences of which could not be prevented despite all reasonable precautions taken by EWDR. Examples include war, natural disasters, strikes, negative travel advice and a Calamity Fund coverage restriction.
EWDR is obliged to offer the traveler another trip of equal or better quality in the event of a cancellation referred to in section 2 or 4.
If the traveler does not accept that offer, he is entitled to a refund or remission of the travel price. If the trip has already been partially enjoyed: of a proportionate part thereof.
In the event that EWDR cancels due to a circumstance attributable to EWDR, other than cancellation due to insufficient participation or force majeure as stated above, EWDR shall be liable to compensate the traveler for his/her property damage and an amount for loss of enjoyment of travel.
However, EWDR shall never be liable to pay compensation in respect of pecuniary loss in excess of three times the travel price.
The compensation to be paid by EWDR due to loss of travel enjoyment will be determined on an equitable basis, but not more than once the travel price.
In the event that EWDR has offered the traveler an equivalent trip and the traveler has accepted that offer, EWDR’s obligation to compensate for pecuniary loss or loss of travel enjoyment, respectively, shall lapse.
14. Conformity:
The content of the (travel) agreement concluded between EWDR and the traveler is determined by the expectations the traveler may reasonably have under the agreement. The information provided by EWDR is the starting point.
In the event that the trip does not meet the traveler’s legitimate expectations, EWDR shall be liable to compensate the traveler for any damages suffered as a result, unless the failure is not attributable to EWDR, nor to the auxiliary persons used by EWDR in the performance of the contract, because:
a. the failure to perform the travel contract is attributable to the traveler;
b. the failure, which could not be foreseen or eliminated, is attributable to a third party not involved in the provision of the services included in the trip;
c. the failure is due to force majeure within the meaning of these general terms and conditions or, for that matter, to an event which EWDR, or the person whose assistance EWDR uses in the performance of the (travel) agreement, could not, with all due care, foresee or remedy.
EWDR’s maximum liability for damages is three times the travel sum in respect of property damage and once the travel sum in respect of loss of travel enjoyment.
Depending on the circumstances, EWDR is obliged to provide help and assistance to the traveler if the trip does not go according to the expectations that the traveler could reasonably have under the (travel) agreement.
In the event that the cause is to be attributed to the traveler, EWDR shall only be obliged to provide help and assistance to the extent that EWDR can reasonably be expected to do so. The cost of the help and assistance rendered will in that case be borne by the traveler.
The cost of the help and assistance provided shall be borne by EWDR if the failure to perform is attributable to EWDR, or to the person whose help EWDR uses in the performance of the agreement, all as referred to in the second paragraph.
The traveler must complain with as much urgency as possible to EWDR and the service provider about the performance of the trip revealed to the traveler that does not meet his expectations, in part to enable EWDR and the service provider to provide a solution to the extent possible. The traveler shall have their complaint recorded in writing on the spot. To the extent necessary thereafter, the traveler shall pursue their complaint with further information and explanation to EWDR no later than one month after the end of the trip. This obligation of the traveler to inform EWDR and the service provider as soon and as fully as possible, in part to enable them to remedy or mitigate the deficiency to the extent possible, is substantial.
15. Transportation with airlines
In the event that EWDR uses airlines as carriers, EWDR’s offer and any specific quote from EWDR are compiled based on the flight days and departure times of the various airlines as they were known at the time. Due to possible changes in airline schedules, EWDR may be forced to change the itinerary and adjust the program. Changes are therefore reserved. The traveler learns the correct times with the travel documents.
The traveler must be at the airport no later than 3 hours before departure unless otherwise stated in the booking.
EWDR assumes no liability for changes in the itinerary due to airline delays, etc. and resulting additional costs and/or adjustments to the program.
For flights, the terms and conditions of the respective airlines also apply in the relationship between EWDR and the traveler. This includes:
a. Any price increases and/or fuel surcharges, if applicable and imposed by the airline, will be passed on;
b. changes may occur in the duration of travel due to schedule changes imposed by the airline;
c. changes in the itinerary may occur due to flight cancellations, without EWDR being liable for them, to a greater extent than the airline.
16. Air Carrier Complaints:
If the traveler has a complaint about the air carrier, he is always obliged to report that complaint immediately to the air carrier itself and to put it in writing (or have it put in writing). Collectively, the traveler and the air carrier are pre-eminently the parties with direct knowledge of any errors made and any solutions to them.
The traveler also bears responsibility for pursuing that complaint with the air carrier.
EWDR will assist the traveler in this regard with information, records and any explanations to the extent available to EWDR or reasonably provided by EWDR.
Failure by the traveler to fulfill this complaint responsibility shall constitute a failure on the part of the traveler.
17. Treaty and EU exclusions and limitations of liability.
Notwithstanding the above exclusions and limitations in any liability of EWDR, in the relationship between EWDR and the traveler, any limitation and exclusion of liability as granted or permitted to carriers or other service providers in applicable international conventions and EU regulations shall apply.
Apart from any future additions or amendments, which in that case are to be regarded as herein incorporated as of the date of entry into force, are now applicable:
– the 1929 Warsaw Convention on International Air Transport; – the 1961 Bern Convention on Rail Transport; – the 1974 Athens Convention on Maritime Transport;
– the 1962 Paris Convention on the Liability of Hotel Owners;
– the 1999 Montreal Convention for the Unification of Certain Rules for International Carriage by Air;
– EU Regulation number 889/2002 on air carrier liability in case of accidents;
– EU Regulation number 261/2004 on compensation and assistance to air passengers in case of denied boarding and cancellation or long delay of flights;
– EU Regulation 392/2009 on the liability of carriers of passengers by sea in case of accidents.
The texts or citations of these treaties and regulations, respectively, are available from EWDR upon request.
18. Compensation respectively exclusion for death or injury:
In the event that any liability for EWDR arises as a result of death or injury to the traveler, the permissible limitation of such liability under the applicable treaties or (EU) regulations or other (international) laws or regulations shall apply.
19. Other Liability
Notwithstanding the above and with the exception of what is expressly stated as such therein, EWDR shall never be liable to a greater or different extent than up to a maximum of three times the travel price. This exclusion of (further) liability shall only be an exception in the case of causes of damage caused by EWDR’s own acts or omissions, including acts of EWDR’s employees, which can be qualified as acts or omissions with the intent to cause the damage, or as reckless acts or omissions with the knowledge that the damage would probably result therefrom.
EWDR shall not be held liable in the event that the traveler has been able to recover his/her damages from his/her travel or cancellation insurance, or for the part of it that has been or is to be honored by the insurer.
20. Country information
EWDR advises the traveler to obtain information about the destination country prior to booking the trip and the trip itself. In addition to further resources, EWDR is also available for more comprehensive information on time difference, language, currency, voltage, airport taxes, climate, etc. (www.ewdr.com / email: info@ewdr.com). This information is not necessarily complete and does not bind EWDR.
21. Insurance
EWDR strongly recommends that travelers purchase travel and cancellation insurance. Also, EWDR thereby recommends that the traveler insure the item medical expenses up to cost. Our staff can advise you on obtaining appropriate travel insurance and cancellation insurance. We work together with Allianz Assistance, specialists in travel insurance and assistance
22. Car rental
Unless otherwise stated, the cars are without insurance, this must be taken out locally or in consultation with EWDR. It is common for the local car rental company to claim a deposit on your credit card, which you will get back afterwards in case of no incidents. Unless otherwise stated, the rental car is in the name of one driver. Multiple drivers can be agreed upon and at a possible additional cost. See also point 4 to article 11 regarding Cancellation & costs.
If the traveler has a complaint or wants a refund, he is obliged to report it himself to the car rental company and put it in writing (or have it put in writing). Collectively, the traveler and the car rental company are pre-eminently the parties with the direct knowledge of any mistakes made and any solutions to them. From EWDR, there is also no refund for unused days of car rental.
23. Warranty arranged | VZR Guarantor
The combination of travel services offered to you is a package tour within the meaning of the Package Travel Directive (EU) 2015/2302 [indien er sprake is van een pakketreis]. This allows you to claim all EU rights applicable to package tours. In order to comply with the legally required warranty, EWDR B.V. makes use of VZR Garant. VZR Garant is a recognized guarantee scheme. Should EWDR B.V. become financially insolvent before the end of your booking, VZR Guarantor will, depending on the situation, ensure that you receive a refund of your booking fee, continue your booking or be repatriated. You can find the terms of the guarantee scheme on the VZR Garant website(www.vzr-garant.nl). With this, EWDR B.V. has provided itself with insolvency protection with VZR Garant. If services are not provided due to insolvency of EWDR B.V., please contact VZR Garant, located at Torenallee 20, 5617 BC in Eindhoven, the Netherlands, at info@vzr-garant.nl or +31 (0)85 13 07 630.
24. Calamity / Calamity Fund
In the event of calamities occurring in the destination area, which in any case include natural disasters, nuclear reactions, war or an equivalent situation and riots involving the use of firearms with the aim of overthrowing the existing authority, EWDR cannot be held responsible for resulting costs, loss of travel enjoyment, change or curtailment of the travel program and resulting costs, nor for costs related to repatriation.
To prevent (as much as possible) or limit damage for the traveler, EWDR B.V. (Chamber of Commerce 83127003) is affiliated with the Travel Calamity Fund Foundation. Per booking, € 2.50 is paid to the Calamity Fund, with a maximum number of participants of 9 persons per booking. Within the limits of the guarantee scheme of the Calamity Fund, the trips published on this internet site are covered by the guarantee of the Calamity Fund. This guarantee means that you as a consumer participating in a trip organized by EWDR:
a. refund (part of) your travel price if EWDR is unable to perform the trip in full or at all due to a calamity;
b. be reimbursed for necessary additional costs if EWDR has to adjust the trip due to a calamity, or if EWDR has to repatriate the traveler early. Calamity means; an abnormal event caused by molest or natural disaster.
For more information on what is meant by “calamity” within the guarantee scheme and further information: see www.calamiteitenfonds.nl.
25. Vaccinations
For information regarding vaccinations, EWDR refers the traveler to family doctor or GGD.
26. Complaints
Notwithstanding the above, any right of complaint of the traveler expires one month after the end of the trip.
27. Dispute Resolution
The court in EWDR’s place of business shall have exclusive jurisdiction to hear disputes, unless provisions of mandatory law dictate otherwise.
The parties will only resort to the courts after they have made every effort to settle a dispute by mutual agreement.
28. Governing law
Any agreement between EWDR and the client shall be governed by Dutch law.
29. Amendment and location of terms and conditions
These terms and conditions are filed at the office of the Chamber of Commerce.
Applicable is always the last filed version or the version valid at the time the present assignment was concluded.
