Article 01. Reservation/ Booking request
- Xalam Tours & Travels does not guarantee the prices given on the website. The prices are ‘from’ prices and give an indication of the total cost of the booking. The total cost can either turn out to be more or less. Xalam Tours & Travels prefers to give an indication of the rate because the majority of holidays organized by Xalam Tours & Travels are eventually tailor-made.
- All rates on the website are including VAT and reservation costs, excluding administration costs. Xalam Tours & Travels holds the right to adjust VAT according to the residency and occupancy of the client.
- Accommodation rates depend on the season and the availability of rooms. These are factors that influence the rates throughout the year.
- Accommodation, tours, and transport can only be guaranteed after Xalam Tours & Travels has contacted you and confirmed the availability.
- After Xalam Tours & Travels received a request through the website or by email, a response will be given within 3 (three) days. In order to proceed with the booking, a number of questions will be asked.
Article 02. Reservation/ Booking agreement
- A travel agreement takes place when the client confirms the travel arrangement offered by Xalam Tours & Travels by email or telephone. After the travel agreement, the client receives a travel confirmation form. This confirmation needs to be signed and returned in order for the client to confirm the booking. After signing the agreement, the client receives the confirmation being the invoice.
- As long as the confirmation has not been signed, Xalam Tours & Travels holds the right to change the offer if necessary. Change of offer could take place due to circumstances such as a change in availability, change in rates. Revocation due to a miscalculation of the travel sum is allowed.
- Before the confirmation, all relevant guest details and requirements need to be communicated to enable Xalam Tours & Travels to offer a fit custom made holiday
Article 03. Payment
After confirmation of the travel agreement, a prepayment of 50% is required before the date stated on the invoice. If both parties agree, a prepayment of 100% can be made after confirmation.
- In the case of prepayment of 50%, the remaining 50% needs to be paid 6 weeks upon departure of the client to the Netherlands, unless otherwise requested by email or on the invoice as a result of payment conditions required by the accommodation supplier. In that case, payment of the final amount can be required in an earlier stage. In case the payment is not received before the date stated on the invoice, Xalam Tours & Travels holds the right to cancel to booking. Cancellation costs will be for the account of the client.
- In case the agreement is confirmed within 6 weeks upon departure of the client to the Netherlands, the total travel cost needs to be paid before the date stated on the invoice.
Article 04. Guarantee arranged / STO Garant
- The combination of travel services offered to you constitutes a travel package within the meaning of the Package Travel Directive (EU) 2015/2302 [if a travel package is involved]. This means that you are entitled to make claims under all EU legislation applying to travel packages.
- In order to meet its statutory obligation to provide a guarantee, Xalam Tours & Travels uses STO Garant for all travel packages. STO Garant is a recognized guarantee scheme. It consists of an escrow account in which your payment is held until your trip has come to an end. As the traveler, you do not pay Xalam Tours & Travels but instead pay the booking sum into the escrow account belonging to Stichting Derdengelden Certo Escrow, a payment service provider registered with the Dutch Central Bank (DNB) and the Dutch Authority for the Financial Markets (AFM). Stichting Derdengelden Certo Escrow processes all payments on behalf of STO Garant.
- The booking payment is released to Xalam Tours & Travels by the escrow account the day after your trip has come to an end. If Xalam Tours & Travels files for bankruptcy or is granted a suspension of payments before your trip comes to an end, the booking sum will be released to Stichting Take Over (STO). Depending on the situation, STO will then ensure that the booking sum is refunded to you, that you are able to continue on your trip, or that you are able to travel to the final destination on your journey.
- Xalam Tours & Travels has therefore protected itself against insolvency through STO Garant. If services are not provided by Xalam Tours & Travels due to insolvency, travelers can contact STO Garant, which has its offices at Torenallee 20, 5617 BC Eindhoven, Netherlands, by sending an email to firstname.lastname@example.org.
- Procedure: You will receive an email from STO Garant (email@example.com) containing information about how you can pay for your booking. The full booking sum must be paid into the escrow account before the trip commences.
- STO Travel Guarantee is applicable to the following services:
- A travel package that includes one hotel night and transfers and/or tours.
- A travel package that takes at least 24 hours, but does not include accommodation. For example a combination of guided tours and transfers or activities.
- Services that are not covered by the STO Travel Guarantee are single services including;
- one or multiple transfers
- canal cruises
- tours or activities that take less than 24 hours.
Article 05. Change of booking
- Changes in bookings can be requested after the confirmation and 6 weeks before the departure of the guests to the Netherlands. The changes will be processed if possible. In the case of altering travel costs, the client needs to pay the difference between the yet invoiced travel cost and the remaining travel cost. Besides the actual cost, modification costs are € 75, - including communication costs. Postponement of the departure date or decrease of the number of travelers will be considered as a cancellation for which article 6 is applicable.
- Up to 7 days before the departure of the client to the Netherlands, it is allowed to change the names of the travelers. Xalam Tours & Travels is not responsible for any circumstances regarding Visa applications, flight details and other transport which is not arranged by Xalam Tours & Travels.
Article 06. Cancellation policy
- With regards to confirmed, paid or partly paid bookings of tours, transportation, and travel packages (a combination of services) the following conditions are applicable:
- Cancellation 6 weeks or more before the day of arrival: 50% of the confirmed price with a minimum of €150,-.
- Cancellation after 4 weeks before the day of arrival or on the day of arrival: 100% of the confirmed price with a minimum of €150,-.
Article 07. Liability
- If the holiday does not correspond with the in Article 2 agreed expectations, the travelers are obliged to communicate this to Xalam Tours & Travels as soon as possible.
- If the holiday does not correspond with the in Article 2 agreed upon expectations, Xalam Tours & Travels is obliged to compensate costs, unless Xalam Tours & Travels nor the service provider whose services were used according to the agreement, can not be held responsible because:
- the shortcoming of implementation as agreed is a result of actions of the traveler; or
- the shortcoming of implementation as agreed is a result of actions by a third party, who’s services or actions were not included in the agreement.
- Xalam Tours & Travels cannot be held responsible for the damage caused as a result of below-stated situations:
- war, danger through war, quarantine, commotion, deeds of sabotage, strike, denial, crime, boycotting, scarcity of goods, delays of transport due to the traffic;
- community dislocation as a consequence of natural disasters or severe accidents;
- mistakes by third parties or non-implemented agreements by third parties if these third parties are not employed with Xalam Tours & Travels or used by Xalam Tours & Travels to fulfill the agreement;
- Xalam Tours & Travels is not liable for damages which the common travel- and cancellation insurance cover for. Neither is Xalam Tours & Travels liable for damages that are excluded according to the written or non-written International Rights.
- The liability of Xalam Tours & Travels per traveler in case of death, physical or psychologic injury of the traveler during the holiday period stated in the agreement, will never be higher than the travel sum per person.
- The liability for all other damages per person shall never be higher than 50% of the travel sum per person.
- Xalam Tours & Travels is never liable for loss or damage to luggage and travel documents.
Article 08. Complaints
- A shortcoming of implementation as agreed needs to be communicated as soon as possible with the involved service provider, to enable the party to come up with a proper solution. In case the shortcoming cannot be solved and decreases the quality of the holiday, the booking agency needs to get informed or if this party cannot be reached Xalam Tours & Travels. If appears that the traveler did not communicate the shortcoming and Xalam Tours & Travels was therefore not able to solve the shortcoming, the right for reimbursement shall be limited or excluded.
- In case a complaint is not solved properly according to the client, this needs to be indicated to Xalam Tours & Travels within a month by e-mail or letter and with proper arguments.
- For all arguments between Xalam Tours & Travels and the client, the Dutch rights are applicable.
Article 09. Resignation or changes by Xalam Tours & Travels
- Xalam Tours & Travels has the right to cancel the agreement due to noteworthy circumstances. Noteworthy circumstances include circumstances of such nature that further commitment to the agreement can not be considered reasonable.
- In case of severe local circumstances of the area or other related circumstances, Xalam Tours & Travels holds the right to change elements of the booking, for example, the travel route, the travel scheme, transport and accommodation, arrival and departure location, the times and order in which excursions are scheduled. Changes in travel schedules due to severe weather circumstances are also included in this article.
- In case of a change in travel agreements, Xalam Tours & Travels offers an alternative if possible. The alternative needs to be at least equal to the present offer. The client has the right to reject this offer within 3 days after the notification. In that case, Xalam Tours & Travels can cancel the alternative and refund the arrangements, if already paid. In case the alternative is offered from 10 days in advance, the client needs to confirm or reject within 24 hours (working day) to enable Xalam Tours & Travels to cancel or confirm the arrangement. If no response is received within 24 hours, Xalam Tours & Travels holds the right to cancel or confirm the booking and the costs made are for the clients’ account.
Article 10. Warranties
While Xalam Tours & Travels strives to provide accurate information, the website may contain inaccurate, incomplete, or out-of-date information. Xalam Tours & Travels takes no responsibility for errors or omissions in the content of the website and makes no commitment to update such information. Xalam Tours & Travels shall not be liable for any damages relating to the use of, or reliance upon, the website or such information, features, material or services. Xalam Tours & Travels is a member of a travel association the VvKR (the Dutch association for small scale travel organizations. By the VvKR we share our expertise for the travel agency as for the consumer for the most possible certainty and satisfaction.