General terms and conditions

The English terms and conditions below are a translation of the Dutch terms and conditions, and are for informational purposes only. Only the original Dutch terms and conditions are legally binding.

Travel insurance
Whether you opt for a Cape Winelands arrangement or a Tailor-made Package, you are responsible for taking out travel and cancellation insurance.

The conditions
Reservations made with EXCLUSIVE CULITRAVEL by e-mail or fax are subject to the following general terms and conditions.

Article 1. Terminology
In these terms and conditions the following definitions apply:
1. The tour operator: the person who, as a business and under his own name, offers pre-arranged tours to members of the public or to a group.
2. The client: the counterparty of the tour operator.
3. The travel agreement: the contract through which the tour operator undertakes to provide the counterparty with a pre-arranged tour involving an overnight stay or a period of more than 24 hours, as well as at least two of the following services: a) transport, b) accommodation, c) another tourist service, unconnected with transport or accommodation, which accounts for a significant part of the trip.

Article 2. Travel agreement
1. The travel agreement is established by the client’s acceptance of the tour operator’s offer. Acceptance should be in writing, by fax or by email.
2. If the client is a minor, the signature of a parent or guardian is required.
3. The tour operator’s offer is non-binding and can be revoked by the tour operator if necessary. Revocation must take place immediately after acceptance.
4. After receiving the booking confirmation and invoice, the client has 10 days make a down payment amounting to 10% of the total booking cost (with a minimum of 100 euros per person).
5. The balance is payable to the tour operator no later than six weeks prior to the departure date.
6. For bookings made within six weeks of the departure date, the full price is payable immediately.
7. In the event of non-payment within the time limits stated, the client will be issued with a summons. If no payment has been received on expiry of the time limits stated in the summons, the tour operator reserves the right to cancel the trip. In this event, the client is obliged to compensate the tour operator for all communication and cancellation costs incurred; these will be settled against the down payment. The balance is payable immediately.
8. The client is liable for any costs incurred by the tour operator in the collection of dues.

Article 3. Booking costs
1. Barring exceptions (such as car rental), the published booking costs are per person. These amounts include only the services and facilities listed in the programme.
2. The published booking costs are based on prices and taxes as known to the tour operator at the date of internet publication.
3. In the event of changes to the prices or taxes mentioned in paragraph 2, the tour operator reserves the right to amend the booking costs. Clients with bookings will be informed of any such amendments as soon as possible and no later than 21 days prior to departure. Amendments will be published within 48 hours on www.exclusiveculitravel.com.
4. If after conclusion of the travel agreement the tour operator raises the total booking cost by more than 15% as a result of changes in taxes etc., the client is entitled to annul the travel agreement, provided annulment takes place within five days after being informed of the increase. In the case of a group trip, if the number of members opting to annul the travel agreement is such that the tour operator can no longer reasonably and fairly be required to undertake the trip, the tour operator is obliged to annul the travel agreements of the remaining group members with immediate effect.
5. If the client annuls the travel agreement as a result of an increase in the total booking cost, the tour operator is obliged to refund without delay any monies already paid.

Article 4. Travel documents
1. On departure, the client should be in possession of a valid passport and any necessary visas and/or inoculation and vaccination certificates. If the client is prevented from making the trip in whole or in part as a result of not having the necessary documents and certificates, he/she is liable for all resulting costs and consequences.
2. For the duration of the trip the client should be in possession of valid travel insurance providing accident, baggage and health coverage.

Article 5. Cancellation or amendment
1. In special circumstances, the tour operator is permitted to make material amendments to the travel agreement and must communicate these to the client immediately. The client is in this case entitled to cancel the trip.
2. In special circumstances, the tour operator is also permitted to make minor amendments to the travel agreement and must communicate these to the client immediately. In this case, the client is only entitled to cancel the trip if the amendment in question causes more than minor disadvantage to him/her.
3. A client wishing to make use of the entitlement to cancel the travel agreement as stated in paragraphs 1 and 2 must communicate this intention to the tour operator in writing within 48 hours of being notified of the change concerned. The tour operator will then refund any monies paid.
4. Substitution. If a client or a group member is unable to participate in the trip, he/she can request to be replaced, provided the replacement meets all conditions stated in the conditions of travel and that the request for replacement is submitted no later than 14 days prior to departure. The replacement must also meet the conditions of EXCLUSIVE CULITRAVEL’s service providers and suppliers. The client and replacement(s) are individually liable for payment of the booking costs, plus an amendment charge of 100 euros plus any extra charges made by suppliers as a result of the substitution.

Article 6. Cancellation
If the client cancels a booking, the following sums are payable to the tour operator:
• for cancellation up to 6 weeks prior to departure: the down payment
• for cancellation between 6 and 4 weeks prior to departure: 25% of the total booking cost
• for cancellation between 4 and 2 weeks prior to departure: 50% of the total booking cost
• for cancellation between 2 weeks and 1 week prior to departure: 75% of the total booking cost
• for cancellation within a week of departure: 100 % of the total booking cost.
Should the cancellation charges applied by airlines or other suppliers exceed the amount quoted when the travel agreement was concluded, the additional charges will be passed on to the client.
Most (scheduled) airlines have their own cancellation terms, with tariffs varying from 100 euros to the full ticket price. Some accommodation providers and local agents apply varying tariffs.

Article 7. Tour operator’s obligations
1. The tour operator is bound to implement the travel agreement in accordance with the expectations that the client can reasonably be expected to have on the basis of the agreement.
In judging the implementation of the agreement, the client should take into account the state of technology, the limitations and the customs and practices that prevail on the ground at the tour operator’s unusual destinations.
2. The tour operator is not liable for failure to meet the terms of the travel agreement in whole or in part insofar as the failure cannot be blamed on him, nor can be attributed to him under Dutch law or according to common practice in the Netherlands.
3. Depending on circumstances, the tour operator is bound to provide help and assistance to the client if the trip does not progress in accordance with the expectations that the client can reasonably be expected to have on the basis of the travel agreement. If the client is to blame for this, the tour operator is only bound to provide help and assistance if this can reasonably be expected of him. Any costs related to such help and assistance will be charged to the client. The costs will be borne by the travel organisation if it is responsible for any shortcomings in the implementation of the contract.

Article 8. Client’s obligations
1. The client is bound to comply with all instructions given by EXCLUSIVE CULITRAVEL and its suppliers and/or service providers in the interests of a successful trip. Booking implies that the client agrees to comply with any such instructions, even if he chooses not to familiarise himself with them. The client is liable for any damage caused by improper behaviour and/or negligence.
2. The client is bound to pay a deposit in situ to cover any damage to rentals (apartment/hotel/car), usually by means of a valid credit card to which any damage and/or losses can be charged. The deposit is refunded in situ if no damage is caused.
3. The client is bound to ascertain the exact time of the return journey with the local agent or representative no later than 72 hours prior to departure. If no such representative is present, the client should contact the relevant airline.
4. Any client or group member causing trouble or nuisance such as to considerably hamper or potentially hamper the trip can be excluded from (continuing) the trip by EXCLUSIVE CULITRAVEL or its local representative. The client is liable for all resulting costs.

Article 9. Complaints
1. The client is bound to communicate complaints about any actual or perceived shortcomings in the implementation of the travel agreement as soon as possible in writing to the EXCLUSIVE CULITRAVEL representative. He or she will then aim to find a suitable solution.

Article 10. Liability
1. The tour operator is not liable for any damage caused by shortcomings in the implementation of the travel agreement, if and insofar as the shortcomings are attributable to the client.
2. If the tour operator is liable on the grounds of article 7.1 for damage suffered by the client, his liability is limited or excluded on the basis of the relevant international treaties. Nor will he accept liability for damage for which compensation can be claimed through a travel and/or cancellation insurance policy.
3. If the tour operator is liable for the client’s lack of enjoyment of the trip, compensation amounts to a maximum sum equal to the total booking cost.
4. The tour operator’s liability for damage suffered by the client in the practice of his profession or job amounts to a maximum sum equal to the total booking cost.
5. Without detriment to what is stated in this article, the tour operator’s liability for damage other than that caused by the death or injury of the client amounts to a maximum sum equal to the total booking cost.
6. The tour operator is not bound by obvious mistakes or errors in the travel programme as published on internet or elsewhere.

Finally
From time to time we are asked whether we belong to a guarantee fund. The costs of membership of the ANVR (Dutch Association of Travel Agencies) and the SGR (Travel Refund Guarantee Fund) are considerable for a small travel organisation. Membership of a guarantee fund would disproportionately raise the cost of our services. We distinguish ourselves through open and honest communication with both our clients and the suppliers and service providers involved in organising our exclusive trips. We prefer to communicate in person and, when this is not possible, by telephone, email and fax. These general terms and conditions are representative of the transparant and honest way we do business.