Conditions
Article 1: Applicability
These general conditions apply to all trips offered by firstwater.nl.
Article 2: Booking
A contract can be created by filling out the register form on the website and sending it by e-mail. The traveller receives an invoice (electronically). After the downpayment has been made, the booking will be confirmed. Note: if you create a contract for more than one person, you will accept responsibility for the payment of the total travel sum.
Article 3: Payment
A downpayment of 20%, with a minimum of 150 euro per person, is applicable. The total travel sum needs to be paid 6 weeks prior to arrival. If the contract is concluded within 6 weeks of the day of departure, the travel sum must be paid immediately and in full. Firstwater.nl has the right to exclude travellers who don't pay on time. All invoices (and reminders) will be sent by e-mail.
Article 4: Travel sum
The advertised travel sum is based on the prices, exchange rates, levies and taxes as known to firstwater.nl at the time the trip was published on the website. Firstwater.nl has the right to change the travel sum if necessary. Travellers will be informed right away if prices change. Is the increase more than 10% of the original travel sum, than the traveller has the right to cancel the contract, at no extra costs, within a week after notification.
Travel expenses to/from the location where the trip starts/ends is never included in the travel sum.
Article 5: Travel documents and vaccinations
The traveller him/herself is responsible for having the required documents on their person, such as a passport that meets all the requisite validity criteria or, where permitted, a tourist identity card and any required visa, proof of inoculations and vaccinations. If the traveller is unable to take part in the trip because of the absence of any (valid) document, this and all resulting consequences will be for his/her account.
Article 6: Changes instigated by the traveller
After the creation of a contract the traveller may request changes to the contract. These changes will be made by firstwater.nl insofar as possible and will be confirmed in writing. Any additional costs, due to the changes made, have to be paid by the traveller.
Article 7: Substitution
Up to the 28th day (exclusive) before the day of departure the traveller may be substituted by an other person considering that the other person meets all conditions governing the contract. The traveller and his/her substitute are liable for the payment of the travel sum, and any cost resulting from the substitution.
Article 8: Cancellation by the traveller
If a contract is cancelled, the traveller is liable to pay cancellation charges. The charges are as follows:
- up to 56th day (exclusive) before the day of departure: the downpayment
- from the 56th day (inclusive) to the 28th day (exclusive) before the day of departure: 25% of the travel sum
- from the 28th day (inclusive) to the 14th day (exclusive) before the day of departure: 50% of the travel sum
- from the 14th day (inclusive) to the 7th day (exclusive) before the day of departure: 75% of the travel sum
- from the 7th day (inclusive) to the day of departure or later: the full travel sum.
Cancellation of the contract has to send to firstwater.nl in writing. Additional costs that already have been made to change the contract before it was cancelled will never be repayed.
It is recommended to get cancellation insurance.
In case the traveller desides, of his/her own accord, to quit the trip prior to it's completion, no restitution can be given. All possible extra costs due to leaving the trip will be on his/her own account.
Article 9: Cancellation by firstwater.nl
Firstwater.nl has the right to cancel the contract if one month prior to the date of departure the minimum number of participants needed for the trip has not been met. Also weighty circumstances as nature disasters or negative travel advice can be reason to cancel a trip. The travel sum paid by the traveller will be returned as soon as possible. Expenses for visa, vaccinations and other costs made to prepare for the trip will not be compensated.
Article 10: Changes instigated by firstwater.nl
Kennelijke fouten of vergissingen in het programma zijn niet bindend. Certain circumstances can make it necessary to change the programme and/or the dates. In weighty circumstances as nature disasters, political conflicts, weather conditions, changes in time-tables etc. it might be necessary to change the programme, or to cancel a trip. During the trip the tourleader or local agent make the decisions. If the trip fails to meet the expectations that the traveller could reasonably have on the grounds of the contract due to circumstances attributable to neither the traveller nor the travel organiser, each party will bear its own loss. For firstwater.nl this will include the use of additional manpower (and the costs involved) and for the traveller this will include additional accommodation and repatriation costs. These extra costs need to be paid on the spot.
Article 11: Liability
Firstwater.nl is not liable for damage she's not to blame for such as personal injuries, accidents, riots, natural disasters, delays, mistake made by carriers, loss or theft of luggage and travel documents etc. The conclusion of a baggage and travel insurance is recommended. If accidents or calamities occur and the traveller is not insured sufficiently, firstwater.nl can not be held responsible.
Firstwater.nl is not liable if travellers carry liquids, materials or goods that are prohibited under Dutch law or under the law of the country that is visited. If on (part of) the trip a Convention is applicable that limits or excludes firstwater's liability, then this limitation or exclusion of liability of firstwater.nl also is applicable on the contract with the traveller.
Firstwater.nl is not liable if and insofar as the traveller has been able to claim his/her loss under an insurance policy, such as travel and/or holiday cancellation insurance policy.
Article 12: Traveller's obligations
The traveller is required to follow all directions of firstwater.nl, the tour leader or the local representative. In case of damage due failure to meet this requirement the traveller will be held responsible.
If the traveller decides to cycle an alternative route this is at his/her own risk. Firstwater.nl is not liable if calamities occur or additional costs have to be made due to cycling an alternative route.
A flexible attitude is expected from all travellers: different countries and different cultures have other habits and circumstances. You will only be able to enjoy your travels if you have an open mind.
Article 13: Obligations firstwater.nl
Firstwater.nl is obliged to fulfill the contract in accordance of the expectations that the traveller was reasonably entitled to have on the grounds of the contract. Local habits and circumstances, as well as limitations of the destination have to be taken into account when jugding the fulfillment.
Firstwater.nl choses the tour leaders and local representatives very carefully. During the trip situations can occur that can not be foreseen and are not completely manageble. Firstwater.nl has the duty to minimize risks. The tour leader or the local representative have the right to make changes to the programme and/or route if the situation ask for it (e.g. extreme weather conditions).
Firstwater.nl is obliged to afford the traveller aid and assistance, if the trip does not live up to the expectations that the latter could reasonably have on the ground of the contract. If the failure to fulfill the contract can be attributed to firstwater.nl, the ensuing costs are borne by firstwater.nl. If the cause is attributable to the traveller, firstwater.nl is only obliged to afford aid and assistance insofar as this can be reasonably be expected. In this case the costs are borne by the traveller.
Article 14: Complaints
A shortcoming in the fulfilment of the contract need to be reported as soon as possible to enable an effort to be made to resolve the problem. The traveller should - in this order - report to the service provider, the local representative or firstwater.nl. If the shortcoming can not satisfactory be resolved this has to be recorded in a written complaint, signed by the parties involved. Within a month after the termination of the trip firstwater.nl has to receive the complaint report. Within one month of receiving the complaint firstwater.nl will produce a written response to the content of the complaint. If the traveller fails to submit the complaint in time or does not follow the procedure as stated above, firstwater.nl has the right not to take the complaint into consideration.
If a complaint is not resolved in a timely and satisfactory manner, the traveller may apply to the Dutch court. The right to do so is limited to a 12 month period after the completion of the trip or, in case of a cancellation of the trip to a 12 month period after the intended departure date.
On all disputes between firstwater.nl and the traveller Dutch law is applicable.