TERMS AND CONDITIONS

Version 1.2 Janury 2024

These General Terms and Conditions of Grand Cols Cycling Tours are based on the Dutch Model Travel Conditions of the Vereniging van Kleinschalige Reisorganisaties (VvKR), and apply to all Tours and Travel services offered by Grand Cols Cycling Tours and may not be used (partly) by other organisations.

Terms and Conditions Grand Cols Cycling Tours

Article 1 – Definitions

  • Agreement: document containing the agreements In Writing between Organiser and Traveller and signed by Traveller regarding the booked Tour, including these Terms and Conditions.
  • Booking: signing of the Agreement by Traveller, after which the Agreement between the Organiser and the Traveller is concluded.
  • Booking Confirmation: Written confirmation of the Booking by the Organiser.
  • Booking Form: form with the Quotation that the Traveller completes and returns to make his/her/their personal data, preferences and special requirements known to the Organiser.
  • In Writing: written on paper or electronically, including by e-mail.
  • Organiser: Grand Cols Cycling Tours registered under the Dutch Chamber of Commerce number 91737923.
  • Package tour: a package tour (‘pakketreis’) within the meaning of the Dutch law.
  • Quotation: the offer from the Organiser with regard to the Tour.
  • Tour: a Package tour or a single Travel service.
  • Traveller: any person who wishes to enter into an agreement with the Organiser regarding a Tour and any person who has the right to travel under the agreement.
  • Travel service: the services that are part of the Tour, such as passenger transport, luggage transport, accommodation and excursions.
  • Travel service provider: the service provider who carries out a part of the Tour, such as accommodation providers, carriers, external guides, etc.
  • Terms and Conditions: these General Terms and Conditions of Grand Cols Cycling Tours.
  • Working days: Monday to Friday, excluding public holidays recognised in the Netherlands.
  • Working hours: 09:00 AM – 05:00 PM Dutch time (MGT+1) on Working days.

Article 2 – Applicability of conditions

2.1         Package tours

The Terms and Conditions apply to all Package tours offered by or agreed upon with the Organiser.

2.2         Travel services

The Terms and Conditions apply also to Travel services that do not form part of a package Tour. Title 7a of Book 7 of the Dutch Civil Code, which contains rules on package travel agreements, does not apply in that case and there is no protection in the event of insolvency of the organiser.

2.3         Additional and/ or different Terms and Conditions

Additional and/ or different Terms and Conditions must be agreed in Writing and take precedence over these Terms and Conditions.

 

THE BOOKING

Article 3 – Agreement formation

3.1         Content of the offer

The offered Tour only contains the services and facilities that are explicitly mentioned in the Quotation and publications of the Organiser. In the event of any contradictions, the information in the Quotation prevails. Information in publications of Travel service providers are not part of the offer, regardless of whether a link is included in the offer of the Organiser. The stated travel duration is indicated in whole days, whereby the day of departure and arrival are counted as whole days.

3.2         Non-binding offer

The (final) offer of the Organiser is non-binding and can be revoked by the Organiser until 5:00 pm on the next Working Day.

3.3         The Booking Form

If the Traveller is interested in participating in the Tour based on the Quotation, the Traveller completes the Booking Form to communicate his/her/its personal data, preferences and special requirements to the Organiser.

3.4         The Agreement

The Organiser draws up an Agreement In Writing with a final offer. This includes the offer from the Quotation, the preferences and special requirements of the Traveller from the Booking form accepted by the Organiser and the information about the required travel documents (passports, visas, etc.) and any health formalities. In the event of any contradictions, the information in the Agreement prevails. The Organiser shares the Agreement with the Traveller.

3.5         The Booking

The Booking is concluded as soon as the Traveller returns the signed Agreement, subject to availability of the Tour.

3.6         Obvious errors

Obvious errors in the offer do not bind the Organiser. If there is any reason for doubt, the Traveller should enquire with the Organiser.

3.7         Preferences

No rights can be derived from preferences communicated by the Traveller, unless the Organiser has confirmed In Writing in the Agreement that it will comply with the preferences. The sole reference of a preference on travel documents and the Booking confirmation is insufficient for this purpose.

3.8         Special requirements

If the Traveller indicates medical requirements or other important interests as a ‘requirement’ to the Organiser in the Booking form, the Organiser will assess whether or not it can comply. If the Organiser cannot or does not want to comply, the Agreement will not be concluded. No rights can be derived from special requirements indicated by the Traveller, unless the Organiser has confirmed In Writing in the Agreement that it will meet the special requirements. The Organiser can alter the price of the Tour in the Agreement in connection with the special requirements indicated.

3.9         Confirmation of the booking

After Booking the Tour and the check for the availability the Organiser will send a booking confirmation.

3.10       Revocation by the Traveller

A Booking of the Tour is irrevocable. The Traveller has no right to revoke the Agreement.

3.11       Legal age

The person who books the Tour (whether or not on behalf of an organisation) and all Travellers participating in the Tour must be of legal age.

3.12       Booking for other Travellers & communication

The Traveller who books/booked the Tour for other Travellers, is jointly and severally liable for all obligations arising therefrom. The other Travellers are each liable for their own part. The Booking Confirmation, Agreement, invoice, travel documents and all other communication will only be send to the Traveller who books/booked the Tour. The Traveller who books/booked the Tour for other Travellers, is obligated to provide all relevant personal details of those other Travellers in the Booking Form. The Traveller who books/booked the Tour for other Travellers, is obligated to provide the Terms and conditions and all other relevant communication to those Travellers. The Traveller that books/booked the Tour indemnifies the Organiser for damage that arise as a result of not performing the obligations stipulated in this provision.

 

INFORMATION

Article 4 – Information provided by the Organiser

4.1         Travel price

Indicated prices are per person, unless specifically stated otherwise.

4.2         Personal travel documents

During the Tour the Traveller will possess the necessary personal travel documents, such as a passport, visa, vaccination certifications, etc.. Given the great importance of this, the Traveller has to verify with the relevant official authorities whether the information is complete and up to date. Before Booking the Traveller has to verify whether there is sufficient time to obtain the necessary travel documents. If the Traveller cannot participate in the Tour or parts of it due to the lack of the required personal travel documents, the arising costs will be borne by the Traveller.

4.3         Provided travel documents

The by the Organiser provided travel documents (route book, etc.) will be sent to the Traveller no later than 14 days before departure, unless the invoice has not yet been paid in full. If the Traveller has not received the provided travel papers 14 days before departure, he/she/they must inform the Organiser immediately.

4.4         Insurances

The Organiser obliges the Traveller to have suitable travel insurance, health insurance and liability insurance with suitable coverage during the Tour. Bicycle insurance and cancellation insurance (possibly with coverage for sports injuries) are strongly recommended.

4.5         Guarantee scheme

In order to meet the mandatory guarantee requirements, the Organiser uses the VZR Garant guarantee scheme (www.vzr–garant.nl/en). The Traveller can verify this via the participants page on the VZR Garant website. The VZR Garant guarantee applies within the limits of the guarantee scheme (which can be found on the VZR Garant website). The guarantee scheme explains which (travel) offers the VZR Garant guarantee applies to and what this guarantee entails. If services are not provided due to the financial insolvency of the Organiser, you can contact VZR Garant, located at Torenallee 20, 5617 BC Eindhoven, the Netherlands, via info@vzr-garant.nl or +31 (0)85 13 07 630.

Article 5 – Information to be provided by the Traveller

5.1         Relevant information of the Traveller(s)

Before booking takes place the Traveller who books the Tour provides all relevant details of the Travellers in the Booking Form. In particular details that may affect the health or safety of the Traveller or others. If the information provided is incorrect or incomplete the Traveller may be excluded from participation. The Traveller is then liable for the cancellation costs in accordance with article 9 paragraph 2. Other costs arising from this will be borne by the Traveller as well.

5.2         Reduced mobility, pregnancy and illness

Travellers with reduced mobility and their companions, pregnant women and Travellers with illness that may affect the Tour must report this to the Organiser before the conclusion of the Agreement or in any case as soon as possible after the Traveller becomes aware of this, because of possible effects on the Tour and especially air travel. These Travellers must verify with the carrier themselves whether a medical certificate is required to be allowed to travel.

 

BEFORE THE TOUR

Article 6 – Payment

6.1         Deposit

The deposit is 20% of the travel sum plus the full amount of any flight tickets (if applicable). The deposit must be received by the Organiser within 14 days after booking.

6.2         Payment of the remaining amount

The remaining amount of the travel sum must be paid no later than 6o days before the start of the Tour. In case of booking within 6o days before the start of the Tour, the full travel sum must be paid immediately after the Booking. In any case full payment must be received before the start of the Tour.

6.3         Default and interest

If the Traveller has not paid within the agreed term, the Traveller will be in default without prior notice of default being required. From that time, statutory interest is due on the outstanding amount. In that case, the Organiser will send a formal reminder In Writing with a new payment deadline.

6.4         Collection costs

The Traveller must pay extrajudicial collection costs if the he/she/they has not paid within the new final payment term, set by means of a reminder In Writing. The extrajudicial collection costs are: 15% of the amount of the claim up to € 2.500, 10% of the subsequent € 2.500, 5% of the subsequent € 5.000 and 1% of the excess.

6.5         Further consequences of non-payment

As long as the Traveller has not paid the full travel sum, the Organiser may suspend sending the provided travel documents. If payment is not made after having send a formal reminder or if full payment has not been received before the start of the Tour, the Organiser may exclude the Traveller from participation. The obligation to pay remains. Instead of excluding the Traveller from participating, the Organiser may cancel the Agreement and charge the Traveller the cancellation costs in accordance to article 9 paragraph 2.

Article 7 – Substitution

 7.1        Terms and Notice

A Traveller may transfer the Tour to another person. The other person must meet all conditions applicable to the Tour. Transfer of the Tour is only possible to the extent permitted by the terms and conditions of the service providers involved. If a flight tickets is part of the Tour, transfer of the flight ticket is often not possible. In that case transfer of the Tour is only possible if a new flight ticket is booked at the expense of the Traveller. The Traveller will request the substitution from the Organiser no later than 7 days before the start of the Tour.

7.2         Joint and several liability and extra costs

The Traveller and the person who agrees to take over the Tour, are jointly and severally liable for the payment of the travel sum and additional costs arising from the substitution, including any amendment fees. 

Article 8 – Alteration at the request of the Traveller

 8.1        Alteration

The Traveller who has booked the Tour may request the Organiser In Writing to alter the Agreement. The Organiser is not bound to alter the Agreement. In the event of an alteration, the Organiser will inform the Traveller of any new price of the Tour. If the Traveller agrees on the costs of the alteration than the new price and alteration costs are due. If the new price is lower than the initial price then the difference is offset with the alteration costs.

8.2         Alteration of the departure date

Unless the Organiser states the alteration constitutes a rebooking, the change of the departure date constitutes a cancellation of the Agreement and the conclusion of a new Agreement. The cancellation policy as set out in article 9 paragraph 2 [cancellation costs] is applicable to the cancelled Agreement. 

Article 9 – Cancellation by the Traveller

9.1       Cancellation

The Traveller may cancel the booking at any time before the start of the Tour. The cancellation must be done In Writing. The day of reception of the cancellation by the Organiser, will constitute the cancellation date. In case of reception after 5.00 p.m. – Dutch time (MGT+1) – or outside of Working days, the following Working day will constitute the date of receipt of the cancellation.

9.2       Cancellation costs

In the event of cancellation, the Traveller owes the following amounts:

a) up to and including 56 days before the day the Tour starts: 20% of the travel sum;

b) from 55 days up to and including 22 days before the day of departure: 50% of the travel sum;

c) from 21 days up to and including 7 days before departure: 75% of the travel sum;

d) from 6 days before departure: 100% of the travel sum

 If a flight is included in the Tour, the Traveller is also liable to pay the cancellation costs of the flight in the event of cancellation.

9.3       Reduction in the number of travellers

If the number of Travellers is reduced within one booking,, the Organiser will charge the standard cancellation costs referred to in paragraph 2 of this article for each traveller who drops out. 

Article 10 – Alteration by the Organiser

10.1     Alterations

The Organiser may unilaterally make minor changes to the Tour before the start of the Tour. The Traveller will be informed of this.

10.2     Significant alterations

If necessary the Organiser may significantly alter the main characteristics of the Tour before the start of the Tour. This includes offering a alternative Tour. The Traveller may accept the alteration or terminate the Agreement without paying cancellation costs. In the event of termination, the travel sum paid by the Traveller will be refunded. The Organiser may specify a reasonable period within which the Traveller has to communicate its choice. If the Agreement is not terminated within the specified period, the alteration will be deemed accepted and the right to terminate the Agreement expires. 

Article 11 – Cancellation by the Organiser

 11.1      Cancellation due to minimum numbers

The Organiser may cancel the Agreement before the start of the Tour if the number of registrations is less than the required minimum number of 8 Travellers and the Traveller is notified at least 20 days before the start of the Tour.

11.2     Cancellation due to Force Majeure

The Organiser may cancel the Agreement before commencement of the Trip if the Organiser is unable to perform the Agreement due to unavoidable and extraordinary circumstances.

11.3       Refund of paid travel sum – no compensation

In the above cases, the Organiser will refund amounts already received within 14 days and no compensation will be due. No compensations will be due for services not included in the Agreement, such as vaccinations, visas, purchase of materials, insurance and if not included in the Tour flights, tickets, accommodation etc.

11.4     Cancellation due to the Traveller

If the Traveller does not meet the predefined participation requirements or if incorrect or incomplete information about the Traveller has been provided, the Organiser may cancel the Agreement. The Traveller will then owe cancellation costs as determined in Article 9, paragraph 2.

 

EXECUTION OF THE TOUR

Article 12 – Responsibility & shortcomings

12.1     Proper execution of the Tour

The Organiser is responsible for the execution of the agreed Travel services, regardless of whether these are performed by the Organiser itself or by another Travel service provider. The Organiser must execute the Agreement in accordance with the expectations that the Traveller may reasonably have based on the publications, the Agreement and the circumstances at the travel destinations.

12.2     Alterations in travel schedule and travel times

The Organiser will inform the Traveller about alterations in the travel schedule. If the Organiser is not aware of the current place of stay, the Traveller will only be informed via the email address or mobile phone number that is known to the Organiser.

12.3     Alterations to cycle routes

The Organiser has the right to change the cycle routes, including start and finish locations, during the Tour if the situation so requires. Reasons for changing a cycle route include: cols that have not yet been cleared of snow, extreme weather conditions and closed roads due to road works.

12.4     Traveller’s obligation to complain

The Traveller will immediately inform the Travel service provider and the Organiser in accordance with Article 16 of any defects or problems in the performance of the Travel services.

12.5     Remedy by the Organiser

The Organiser will ensure that shortcomings are remedied. A shortcoming needs not be remedied if this is impossible or if it entails disproportionately high costs.

12.6     Compensation

If the shortcoming cannot be solved, the Organiser (or Travel service provider) will consult the with the Traveller and may, where appropriate, arrange compensation or an alternative. The Traveller is not entitled to compensation or an alternative when the shortcoming is attributable to the Traveller. 

Article 13 – Assistance and support

13.1     Information

The Organiser will provide emergency contact details before the start of the Tour.

13.2     Obligation to provide assistance

The Organiser will provide assistance and support if the Traveller is in difficulty, in particular by providing appropriate information on medical services, local authorities and consular assistance and by helping the Traveller to make distance communications and helping to find alternative travel arrangements.

13.3     Costs

The Organiser will charge a reasonable fee for assistance and support if the difficulties arise from intent or negligence on the part of the Traveler. 

RISKS AND LIABILITY

Article 14 – Risks, attribution, force majeure and liability exclusions

 14.1    Risks of cycling tours

The cycle routes in this cycling Tour run on public roads. Cycling on public roads in general, and cycling in the mountains in particular, is not without risks. By participating in the Tour, the Traveller accepts the risks associated with cycling on public roads and cycling in the mountains.

14.2     Attribution & force majeure

The Traveller is not entitled to compensation for damage that the Traveller incurs as a result of a shortcoming that is due to:

  1. the Traveller;
  2. third parties who are not directly involved in the performance of the Agreement and the shortcoming could not have been foreseen or prevented, or;
  3. unavoidable and extraordinary circumstances.

14.3     Exclusion of liability

Any liability of the Organiser for damage is limited to three times the travel sum, unless the damage results from the death or personal injury of the Traveller or the damage is caused by intentional or negligent actions of the Organiser.

14.4     Exclusion of liability under treaty or EU regulation

If the Organiser is liable for any damage, including damage resulting from the death or personal injury of the Traveller, this liability will be limited or excluded to the limits permitted under applicable international treaties and/or EU regulations relating to the individual Travel services.

14.5     Insured damage

The Organiser is not liable for damage covered by insurance, such as health insurance, travel insurance, event insurance or cancellation insurance.

14.6     Limitation

Any claim by the Traveller for compensation for damage and other claims by the Traveller will expire two years after the Tour has taken place. If the Tour did not take place, it will expire two years after the planned start date.

14.7     Forfeiture of rights

Without prejudice to the limitation period and the obligation to complain in a timely manner, any claim by the Traveller for compensation for damage expires three years after the start date of the Tour.

14.8     No double compensation

The Traveller is not entitled to double compensation. If the Traveller is entitled to compensation under international treaties or EU regulations, the Traveller will not also receive compensation under this Agreement.

TRAVELLER’S OBLIGATIONS

 Article 15 – Obligations of the Traveller

15.1     Physical fitness to participate in cycling tours

The cycling tours that are part of the Tour are intended for experienced cyclists with at least some climbing and descending experience. By entering into the Agreement, the Traveller declares that he/her/they is (physically) able to participate in these cycling tours. If the Traveller has any doubts about his/her/their physical condition in relation to the cycling tours, he/she/they should contact his/her/their general practitioner (GP) and/or undergo a sports medical examination.

15.2     Conduct and compliance with instructions

The Traveller will behave as a reasonably acting Traveller and is obligated to follow all instructions of the Organiser or Travel service providers.

15.3     Conduct during cycling tours

I. The Traveller is obligated to follow the Organiser’s cycle routes during the Tour. Deviating from the routes is at your own risk.

II. During the cycling tours, the Traveller is obligated to adhere to the traffic rules and the Traveller is responsible for his/her/their conduct as a participant in traffic. Traveller behaves appropriately and does not endanger his/her/their safety and that of others.

III. Traveller is obligated to wear a cycling helmet during the cycling tours, to have bicycle lights on his/her/their bicycle and to use them if necessary (for example in unlit tunnels).

IV. During the cycling tours the Traveller carries a (copy of a) valid identity document and health insurance with him/her/them, so that these do not have to be searched for in the event of an accident.

15.4       Consequences of non-compliance – exclusion from participation

In the event of non-compliance with instructions or in the event that the Traveller causes a nuisance, the Organiser and Travel service provider may exclude the Traveller from further participation on the Tour, in part or in full. The Traveller will then not be entitled to any refund. Any further costs incurred as a result will be borne by the Traveller.

15.5     Warning

Before the Traveller is excluded from participation the Traveller will first receive an oral warning or a warning In Writing. A warning is not required if this is not appropriate given the circumstances.

15.6     Traveller liability and indemnity

The Traveller is liable for damages caused by his/her/their behaviour, non-compliance with the obligations in this article or damage that can otherwise be attributed to him/her/their. The Traveller indemnifies the Organiser from claims from Travel service providers involved with the Tour, other Travellers or third parties for damages that are caused by the Traveller or can be attributed to him/her/their.

15.7     Formal health requirements

The Traveller has to meet all health requirements applicable at the destination (and transit countries). Governments may change these requirements without prior notice. The consequences of these changes are at the risk of the Traveller.

15.8     Measures taken by Travel service providers

Travel service providers may take all reasonable measures and request cooperation from the Traveller, including to prevent and combat hazards, to reduce health risks, to prevent damage and/or to comply with government regulations. Failure to comply with the measures or instructions may result in the Traveller being denied the Travel Service and access.

15.9     Equipment

I. During the cycling tours, the Traveller uses his/her/their own equipment (such as bicycle, clothing and cycling helmet) and ensures that his/her/their equipment is in good condition at the start of the Tour and is suitable for completing the cycling tours. When selecting equipment, the Traveller takes into account all types of weather and seeks advice from a bicycle repairman if in doubt about the condition and/or suitability of the equipment.

II. During the cycling tours, the Traveller is responsible for the proper functioning of his/her/their equipment.

III. During the Tour, the Organiser will make available a number of frequently used spare parts (at cost price) and bicycle tools. Organiser assists Traveller in performing relatively simple repairs (on a best effort basis). The Traveller remains ultimately responsible for the outcome of the repair.

IV. If the repair cannot be carried out successfully, the Organiser will take the Traveller to a bicycle repair shop (free of charge) at a time that suits the schedule to have his/her/their equipment repaired at the Traveller’s expense.

V. The Traveller must handle the provided equipment (such as chairs, cups, thermos, bicycle pump and tools) with care. Upon receipt, the Traveller must report any defects immediately. The Traveller is liable for damage, loss or theft of the equipment provided.

 

COMPLAINTS

 

Article 16 – Complaints procedure

16.1     Report on site

If the Traveller believes that the Tour is not being carried out properly, he/she/they must immediately report the problem or defect to the Travel service provider concerned so that the Travel service provider can provide a solution. If the Organiser’s tour guide is on site, the complaint must also be reported to the tour guide immediately. If there is no tour guide on site, the complaint must also be reported to the Organiser. This report can be made by WhatsApp, SMS text message, by telephone (on working days during working hours) and by e-mail. Check the website for the telephone number and email address: https://www.grandcolscyclingtours.com/contact/.

16.2     Communication costs

The Traveller must limit any communication costs, for example by using internet calling, WhatsApp and email.

16.3     Reporting unresolved complaints after return

All complaints that, according to the Traveller, have not been fully resolved or compensated during the Tour, must be submitted to the Organiser in Writing and with reasons, within two months after the Tour.

16.4     Consequences of not reporting the shortcoming or complaint in time or at all

Not reporting the shortcoming or complaint in time or at all, in accordance with the second paragraph of this article, may affect the amount of any compensation, unless the interests of the Organiser have not been harmed by the failure to complain on time. Complaints that are not received in time after return will not be processed, unless this is not reasonable in the circumstances of the case.

 

OTHER PROVISIONS

 

Article 17 – Other provisions

17.1     Rights of third parties

Employees of the Organiser, assistants and other third parties involved in the execution of the Agreement may revoke the provisions of the Agreement and these Terms and Conditions (including the exclusions of liability) against the Traveller.

17.2     Replacement provisions

If mandatory law prevents the validity of a provision in these Terms and Conditions or if a provision is annulled, that provision will be deemed to have been converted into a valid provision that approximates the original intention as closely as possible in terms of content and scope.

17.3     Applicable law and competent court

The offer, the Agreement and the execution of the Agreement are exclusively subject by Dutch law, unless this conflicts with mandatory law. In the event of any disputes, the Central Netherlands District Court (Rechtbank Midden Nederland) has exclusive jurisdiction. If the consumer lives outside the Netherlands at the time of booking, the following applies: Despite the choice of law, the consumer is entitled to the protection offered by the mandatory law of the country of his residence if (cumulatively):

  • the Organiser directed the commercial activities for the agreed Tour on the country where the consumer resides, and;
  • the agreed travel services are partially or fully provided in that country.