General terms & conditions KeepAliveTours ANY QUESTION = MOST WELCOME HERE Here you can check KeepAliveTours: – general conditions – its guarantee to you even in case of KeepAliveTours’ bankruptcy or insolvence: STO – its membership of travel organization VvKR, including a company liability insurance By booking a tour or any other service via KeepAliveTours, you accept these following… Terms & Conditions – KeepAliveTours 1) Identification of the Parties The present Terms and Conditions that apply to the services offered at the URL www.keepalivetours.com are accepted by: on the one hand, by KeepAliveTours (hereafter referred to as “KeepAliveTours”), with VAT number NL1338.13.058-B01 and corporate address at Irisplein 14, 2565 TB Den Haag, The Netherlands, registered at the Chamber of Commerce in Den Haag, The Netherlands with number 27193158. And on the other hand, by the “Client” or person in whose name the reservation is realized. 2) Definition and interpretation of these Terms & Conditions The present Terms and Conditions are subject to Dutch law and binding both parties, by its acceptance,to its fulfillment. These Terms and Conditions can be saved and printed by the Client and is recommended to do so. KeepAliveTours will not proceed to logical filing of the booking forms of the Clients in accessible media, therefore it´s recommended for Clients to save a copy to their system of the filled out enrollment form sent to KeepAliveTours to finalize their reservation. Modification or correction of the data by the Client must be notified immediately to KeepAliveTours by email to: firstname.lastname@example.org. 3) Inscription and Payment The Client can book by filling out the Form on our website or by sending an e-mail to KeepAliveTours: email@example.com. KeepAliveTours, after verifying availability, will send the Client the “Booking Confirmation” by e-mail, which will also specify bank details so payment by bank transfer can be made. If the booking is received by KeepAliveTours later than 28 days before the starting date, the Client must fulfill 100% of the amount of the itinerary in a single payment; whereas when the booking is received 28 days or more before the starting date of the chosen itinerary, payment can be made in 2 installments: the first 20% during the next 5 days and the final 80% 28 days before the starting date. Once first payment is received (20% or immediately 100%), it means that the contract between KeepAliveTours and the Client is definitively established and KeepAliveTours will send the Client the “Final Booking Confirmation” by e-mail. If the first payment or final payment isn´t fulfilled before the deadline indicated by KeepAliveTours, the company reserves the right to cancel the Client´s booking (the Client will have no right on any refund and will lose the total amount paid up until then) and charge him/her for the cancellation fees as stipulated in point 6 of these Terms and Conditions. As an alternative, KeepAliveTours reserves the right to maintain the enrollment as valid charging an administration fee of 75 Euros for delayed payments. 4) Payment procedure and STO guarantees To comply with the legal obligation to guarantee the funds of the clients, KeepAliveTours from 1-1-2018 on offers the STO Guarantee on all travel packages (except sole accommodations or flight tickets). STO (Stichting Take Over) will make sure that in case of bankruptcy of KeepAliveTours, you will get a full refund, will be able to complete your trip as planned or can be sent home, depending in which stage of the journey you are at that time. To be able to realize this, STO uses an Escrow. So the Client does not pay the amount of the trip to KeepAliveTours, but to an Escrow account of the Foundation Certo Escrow. Certo Escrow, certified by DNB, the Dutch Central Bank manages this foundation. Terms & Conditions If KeepAliveTours will not be in bankruptcy by the end of your journey, the amount you paid will be released 1 day after the ending of your journey. In case KeepAliveTours would be declared bankrupt before the end of your journey, then the amount you paid will be transferred to STO. This way creditors cannot access your money. If you have not departed yet, you will receive a full refund. In case you are already traveling, STO will make sure that either you are refunded the corresponding part of the amount paid, or that you can complete your journey as planned, or that you can be sent home. Payment procedure Travel packages 4.1 You transfer the deposit and final payment to Certo Escrow (certified by DNB, the Dutch Central Bank). They will keep your transfers in an escrow account. These funds are not accessible to us. 4.2 One (1) day after termination of the tour Certo Escrow will transfer your fees to KeepAliveTours. 4.3 In case that KeepAliveTours is financially unable to fulfill its obligations, Certo Escrow will transfer your payments to the foundation STO. STO will then refund your payments in proportion to that part of the tour that has not been effectuated. Also, if you so wish, you may accept an alternative tour offering for that part of the tour that has not yet been effectuated. 4.4 Eventual complaints or claims are dealt with directly by KeepAliveTours. 4.5 The STO is not an arbitration committee. Important: The Client is responsible to make sure that KeepAliveTours will receive the total amount, without including bank costs (all bank costs must be paid by the Client). Payment procedure on all other products/ services offered that are not travel packages (i.e. sole accommodations, sole activities, sole language course, etc.) The Client should make its payments to KeepAliveTours by bank trans to the following account: Account owner: KeepAliveTours IBAN: NL17 TRIO 0254 4137 57 Swift/BIC: TRIONL2U Bank: Triodos Bank NV, Utrechtseweg 44 3704 HD Zeist The Netherlands Important: The Client is responsible to make sure that KeepAliveTours will receive the total amount, without including bank costs (all bank costs must be paid by the Client). 5) Program KeepAliveTours will do its best to ensure the Client will receive all services exactly as specified in the itinerary. However, KeepAliveTours cannot be held responsible by the Client for modifications of the program of the itinerary for organizational reasons (like for example reasons involving time-management and Terms & Conditions management of the specific group dynamics and characteristics), unforeseen reasons or reasons beyond her control, force majeure (like for example, involving accommodation providers or providers of other services, adverse weather conditions or natural disasters, strikes, terrorist attacks, etc.). The activities or excursions missed due to any of the above-mentioned reasons will not be made up nor refunded. The Client can only realize the itinerary/ activity/ accommodation, presenting himself on the official starting date as booked. Exceptions are possible, but only and exclusively on request and prior written authorization by KeepAliveTours. KeepAliveTours group tours Important: For any KeepAliveTours group tour a minimum of 3 Clients is required to form a group and have the itinerary take place on the scheduled dates. In case there is no group of minimum 3 participants formed for the chosen starting dates of the Client, KeepAliveTours will notify the Client minimum 5 days in advance. In case of any KeepAliveTours group tour, it is possible that some scheduled elements are missed due to force majeure/ unforeseen events beyond control of KeepAliveTours. Scheduled elements missed for those reasons will not be made up nor refunded. There will be no refund in case the Client is delayed or does not attend excursions. . 6) Cancelation by the Client If the Client wishes to cancel his booking after having done a (down) payment, the following conditions apply: The cancelation must be sent in written by e-mail to: firstname.lastname@example.org. The date when KeepAliveTours receives this cancellation e-mail will be the official cancellation date, and the following conditions apply: All cancelations incur the loss of 20% of the total amount of the itinerary booked. Furthermore, the Client will be charged with the following cancellations fees: • Cancelation up until 28 days before the starting date of the itinerary: cancellation fee of 20% of the total amount; • Cancelation between 27 and 21 days before the starting date of the itinerary: cancellation fee of 50% of the total amount; • Cancelation between 20 and 7 days before the starting date of the itinerary: cancellation fee of 75% of the total amount; • Cancelation as from 6 days before the starting date of the itinerary: cancellation fee of 100% of the total amount. In case of No-Show or cancellation after the starting date of the itinerary, there will be no refund. Change of dates as booked and indicated on the Booking Confirmation Form will not be admitted. 7) Travel, transfers and visa The Client should organize his own travel preparations and make sure to have all necessary documents, like valid passport and visa (when necessary). Terms & Conditions KeepAliveTours will provide the necessary documents to those Clients who need a visa, but will not be held responsible for the decision of the Consulate in case a visa is not issued. It is the Client´s responsibility to assure enough time to obtain a visa and to verify with the Consulate who much time is needed. If the Client needs KeepAliveTours to send documentation for the visa by courier/ express mail (not by email or normal mail), he will be charged an amount of 120€. If the Client cancels the itinerary booked with KeepAliveTours because he did not obtain a visa, KeepAliveTours will refund all payments made, except the amount for having sent the visa documentation plus 100€ administration fee; on the condition that the Client can demonstrate that the visa had not been issued for reasons beyond his control (it is considered to be the Client´s responsibility to make sure enough time is taken to be able to process the visa application, to have a valid passport and to make sure the application is correct and complete) and notifies KeepAliveTours in written at least 4 weeks before the starting date of the itinerary booked. Otherwise, the Client will be charged the cancelation fees as indicated in the previous point 6. Airport Transfers The Client can book an airport transfer with KeepAliveTours. However, if KeepAliveTours does not receive the flight details at least 7 days before the departure date, KeepAliveTours will not be held responsible for the Client´s pick up at the airport, and the amount paid for the transfer will not be refunded. Cancellation during the program There will be no refund in case the Client will interrupt or leave the program before the end date. In any case, the Client is required to inform KeepAliveTours in written by e-mail at: email@example.com before his departure from the program. Special requests The Client must notify KeepAliveTours in written of any special request required, when sending the booking. If not, KeepAliveTours reserves the right to cancel the booking at any moment, in case a hotel or other provider cannot provide the planned services. Furthermore, the Client will be subject to the charges according to the cancellation conditions as specified in point 6 of these Terms and Conditions. Our expectations The Client is expected to behave in a courteous manner and to respect his fellow-participants as well as the personnel that directly or indirectly work for KeepAliveTours. Use of drugs, abuse of alcohol or any inconsiderate or offensive behavior will not be accepted and will be sufficient motive to expel the Client immediately from the KeepAliveTours programs with no right to any refund and the Client will be held fully responsible for all damage caused. 8) Photo and Video material By enrolling in the programs of KeepAliveTours the Client accepts the fact that promotional material may be created from photo and/ or video material retrieved during the tours/ activities/ etc. If a Client wishes not to appear on any promotional material and or social media, he is required to specifically express this wish in writing and send a signed note before the start of his journey to firstname.lastname@example.org. Terms & Conditions 9) Accurateness of facilitated information Despite the efforts taken to ensure the information in our PDF documents and website is accurate, KeepAliveTours cannot be held responsible for printing or translation errors or omissions. The information in the PDF documents of KeepAliveTours and its website: www.keepalivetours.com is to be considered subordinate to the content of the present Terms and Conditions, which in case of any conflict will prevail. 10) Complaints At the beginning of the trip the guide will present himself and make sure the Client has his contact details so that he can be reached during the trip. If there would arise any complaints during the stay of the Client, the guide should be immediately informed, as he is on the spot and therefore able to find the quickest solution. If this wouldn´t work out, KeepAliveTours headquarters should be informed so we are able to find a solution together with the client. Complaints with respect to a KeepAliveTours booking, resp. with respect to KeepAliveTours’ advices and information, can be filed no later than 1 month after the journey, or if the journey didn´t take place no later than 1 month after the original starting date as stated in the Travel Documents. 11) Language of the present Terms and Conditions The present Terms and Conditions have been drawn up in Dutch. In case there exist any differences between the original version and the present Terms and Conditions, only the original version will be valid, meaning the version in Dutch. 12) Legislation applicable and Legal Jurisdiction KeepAliveTours is registered at the Chamber of Commerce Den Haag with number 27193158. On these Terms & Conditions and all other agreements and contracts made by and with KeepAliveTours Dutch law applies. For any divergence that arises from this contract, both sides expressly agree, renouncing their own legislation area, to be subject to the jurisdiction of the Courts and Tribunals of the city of Den Haag.