Via this website we are providing information about Tia Canaria and third parties. Although we are taking care of the context and information on our site, we cannot accept any responsibility for incorrectness and actuality of the given information.
We therefor advise you to verify correctness and completeness of the given information with us. To all offers special and restricted conditions may apply.
On our offers and commitments the general terms and conditions of our partners (third parties such as airlines, travel organisations, transporters, etcetera) are declared applicable. Tia Canaria is not responsible or liable for any of the services provided by third parties. So, in other words, next to our conditions and terms, those from third parties are/might be applicable as well.
By using this website, you declare that you would not held Tia Canaria, employees or daughter/mothercompanies responsible for any damage linked to this website.
We are taking it for granted that you have read and accepted our general terms and conditions.
01.05.2005
Article 1
In these general terms & conditions as well as in the connected agreement is understood to mean:
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a) Offerer: the one exploring his company under own name offering organized travelling.
b) agreement: each agreement achieved between offerer and traveler, as well as each change or addition, at which the offerer is committing to the traveler to provide an organised trip, on which the general terms and conditions are to apply.
c) traveler: each (juristic) person, who comits an agreement with the offerer.
d) co-traveler: each person, who is mentioned by the traveler to utilize the services of the offerer as well.
e) - sailing trip: the whole of sailing and accommodation on board of the ship during the in the agreement mentioned period. Herewith the arrival days and departure days are included and counted as full days, regardless of the time of arrival/departure. The travelling to the place of berthing and disembarking are not included in the travel duration.
- trip: (part of) the journey as mentioned in the agreement, with a specification of the arrival and departure date, place and type of accommodation or activity.
f) Luggage: luggage, carried by the (co) traveler, as easy to carry, portable as well as movable cases by hand or carrying with him.
g) Boat: the boat on which the sailing trip, as mentioned in the agreement, will take place.
h) Cost of the trip: price for the trip and other services, as mentioned in the agreement.
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a) The agreement is to be achieved by the acceptance of the traveler and the offer from the offerer, directly or by intermediation.
b) Traveler, who contracts an agreement, is severally liable for all obligations, resulting from the agreement.
c) Traveler is obligated to mention relevant personal circumstances at booking, which might be from influence on the performance of the trip (illnesses/disabled/etcetera). This obligation also counts in case the traveler is contracting the agreement for a co- traveler.
d) The publication in which the agreed trip is brought in is part of the agreement. Oferer is not bound by apearing mistakes or errors in the publication.
e) The offerer is not responsible for folders and other promotional material, published under responsibility of third parties.
f) Erratic terms and conditions obtain exclusively in case of approval and confirmation in writing by the offerer and only counts in that particular agreement(s).
g) Changes of and additions on any condition in the agreement and these terms are only valid approved and confirmed in writing.
h) The agreement and these terms are giving the complete content of rights and duties from offerer and traveler.
i) In case of conflict between this text and a text made up in another language the dutch text will prevail.
j) Should parts of this text prove to be invalid, these conditions will be valid for the remaining. The invalid condition will be replaced by a condition, of which the context will be as close as possible to the invalid condition.
k) These conditions tend to all (juristic) persons, of which the offerer, in the broadest sense of the word, is using or has been using for closing and/or performing the agreement or for exploiting her business.
l) In case of differences in between the agreement and these conditions the determination in the agreement will be decisive.
m) If specific preferences from the traveler as preference are confirmed, it will be beared in mind as much as possible. A preference unthough can never be guaranteed and for this reason the offerer is not be bound.
n) The needed travel documents and last information will be send at least seven days before departure of the traveler, unless this term has to be exceed due to justified reasons.
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a) The traveler will pay the charged cost of the trip effective in the currency mentioned in the agreement to the offerer
within the fixed terms of payment. The traveler never has the right to defer obligations of payment. The mentioned day of
currency on the bank statement of the offerer will be regarded as date of payment.
b) The offerer has the right to raise the cost of the trip untill 20 days before the commencement of the trip with reference to drastic changes in costs for the performance of the agreement. The traveler has in that case the right to cancelate the trip without charge, however within ten days after receiving the announcement of that sort.
c) If the traveler has not paid his obligations of payment within the settled term of payment to the offerer, the traveler is legally in default, without the necesity of any proof of default. From this moment on, the traveler in default is obligated, until the day of total payment, to pay a delay interest of 2% per month (or part of the month) over the money payable, without prejudice to complete compensation. At the same time the offerer has the right to defer her obligations with reference to the agreement immediately, until all obligations of payment have been done. The offerer does not accept any liability for eventually damage the traveler is suffering because of this. This right to deferment includes the right to refuse the traveler and co-traveler(s) entrance in the accommodation / participation in activities.
d) If at payment there arises a conflict about the amount payable or to determine it needs a no shortly explored calculation, the traveler is obligated to pay the part over which there are no conlicts about payment immediately and to give security for the disputable part or the part of which the amount of payment is not certain.
e) All costs of recovery of the money payable, judicial as well as extrajudicial costs, are entirely at the expense of the traveler.
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a) In case of cancellation of the agreement by the traveler the following percentages of the costs of the trip are indebted to the offerer:
Costs of trip and other services at booking 10%
6 - 5 months before departure 20%
5 - 4 months 30%
4 - 3 months 40%
3 - 2 months 50%
2 - 1 months 75%
1 month - 1 day 90%
at departure 100%
b) Cancellation has to be done in writing per (fax or) electronic post, for which the offerer has to send a confirmation, or by certificated written post. The date of receipt by offerer is set as date of cancellation.
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a) Some trips, like some of the sailing trips, are based on a min. and max. number of participants. This minimal number and maximum are
mentioned in the publication of the sailing trips. If the minimum is not reached, the offerer preserves the right, till 15
days before departure (unless mentioned differently in the publication) to cancel the sailing trip.
To overcome disappointments there always be a try to perform the trip in these cases as well.
The offerer consults the following possibilities with the traveler:
- the trip will be made, but on higher expenses;
- there will be offered a different date of departure;
- there will be offered an alternative trip/-route;
- a combination of the above mentioned possibilities.
In case of cancellation the restitution is restricted to the costs of the trip less deduction of already made expenses by the offerer.
b) At all times the offerer is authorized to determine that the weather conditions, high or low tide, blocked routes and comparable circumstances do not allow or make it necessary to change a (sailing) trip, in the broadest sense of the word, or even break off the journey or change the relative starting or ending point of the trip.
c) In the article 5.b. mentioned cases, the offerer will try to co-operate in an alternative solution. This and that for a fee paid by the traveler for all extra expenses the offerer will have because of the changes. It is to the offerer to decide if the alternative or solution is performable.
d) The items in this article are also applicable in case of the offerer has to take one of these decisions as a result of handling or refrain from (one of) the (co) travelers, in case of a delay in transport caused by any reason and in case the offerer cannot reach the agreed with the traveler meetingpoint for arrival or departure.
e) If, in case of a sailing trip, the boat is in the unlikely event of not available, the offerer will make an effort to use a comparable different boat. If this is not possible, the offerer is liable to dissolve the agreement. If the offerer can not be blaimed for the not being available of the ship by fault or intention, the offerer is not liable to give restitution or to pay compensation to the traveler. In all other cases the eventual compensation is limited to the sum which the traveler has paid in accordance to the agreement, after already made (travel) expenses by the offerer.
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a) The offerer does not assume the responsibility of damage for which usual insurances normally cover. The obligation to give
assitance of the offerer is obstructed severly in case the needy (co) traveler can not lean on help from the in his travel insurance
offered alarmassistance.
b) The offerer is not responsible for damage caused by delay (due to any reason before, during or after the transport) ordue to changes in the time of start or end.
c) Remain in full force article 6:107 BW has in case of a (co) traveler who is hurt exclusively the relevant (co) traveler himself a claim for compensation. Remain in full force article 6:108 Bw exclusively the remaining husband/wife, children or parents of the (co) traveler, who are cared for by his labor, a claim for compensation. The claim meant in this paragraph is validated according to the mutually class and fortune from the persons.
d) If the offerer can proof that the fault or negligence of a (co) traveler caused or has contributed to, the responsibility of the offerer will be cancelled entirely or partly.
e) If persons, of whom offerer accepted help at the performance of her agreement, on request of (co) traveler(s) does a service, for which the offerer is not obligatory, these persons are seen as handling in order of (co) traveler(s), for whom they are doing a service.
f) The offerer do not accept any responsibility for a traveler suffering damage, for which there is the ability to lay any claim to the travel- and/or cancellation insurance. If the offerer is responsible towards the traveler for loss of travel enjoyment, the compensation will be at the very most one time the cost of the trip.
g) The in this conditions recorded exceptions and/or restrictions of the responsibility of the offerer are also applicable on employees of the offerer, booking offices and connected partners/service organizations, as well as their employees, unless excluded by law or convention.
h) Traveler renounce his right to of comparison of debt.
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a) If (co) traveler or their luggage is causing damage to the offerer (or connected partners), the (co) traveler(s) are held
several responsible to compensate the damage to the offerer (or connected partner). This applies to both the damage to ship or
accommodation as well as goods and persons present there and also for damage caused by the (co) traveler(s) to goods and/or persons,
outside the ship or accommodation, if offerer is tackled about it.
b) The (co) traveler can not appeal to the own responsibility of (co)traveler(s).
c) The (co) traveler has to obey strictly the prescriptions or given orders, which are of interest for security and order, by the authorities and by or because of offerer. In case of not obeying as mentioned above, the offerer has the right to postpone her obligations as well as to unbound the agreement.
d) Luggage of (co) traveler may not cause any trouble. It is strictly forbidden to carry any dangerous materials, in the broadest sense of thew word, with you, neigther possess drugs or smuggled goods.
e) The (co) traveler has to be in the posession of the necessary travel documents at departure and during the trip as far as obligatory for the different countries.
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a) Complaints about invoices to be brought in within 14 days after the date on the invoice.
b) The (co) traveler has to communicate eventually complaints about the performance of the agreement to the offerer and/or local connected partners, to give the offerer the opportunity to correct appropriate complaints.
c) If the complaint has not been solved to satisfaction, the (co) traveler has to hand over the complaint in written word within 14 days after the final date of the trip at the office, where the trip has been booked.
1. If the traveler:
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a) asks for his own bankruptcy,is placed in a state of bankruptcy, starts with distribution of the estate, hands in a request
for suspension of payment, attach part of or entire of his earnings and if this is not cancelled within 10 days after the attachment
or placed under legal restraint, or
b) takes a decision to and/or decide to suspension or handing over his company or the most important part of it,under which covering the company contributed in a firm in foundation or existing firm, as well as transfer to a change in the goal of the company, or
c) any having force of law or contractual conditions on his obligation towards offerer after serving notice upon the debtor in written word is not fulfilling totally or partly, or
d) fail to pay the amount of the invoice or a part of it within the fixed term of payment, the traveler is to be proven to be in default and the remaining debt will be claimable immediately.
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a) the entire agreement or a part be declared unbound by a therefor written announcement to the traveler and/or
b) any by the traveler to the offerer demanded payment payable immediately and/or
c) prior to fulfill the agreement get security from the traveler for fulfillment of obligations of payment in time.
Article 10
If the offerer by supremacy of permanent nature or just a phase is hindered to performance the agreement (further), the offerer is authorized without any obligation for compensation to declare the agreement unbound with the for that reason written announcement without juridicial interverence. This, the right of the offerer for the payment by the traveler for the already made performances by the offerer remaining in full force, before there was a situation of supremacy, as well as to cancel (further) performance of the agreement entirely or partly. The offerer will inform the traveler as siin as possible anout a situation of supremacy. In case of cancelation the offerer will be authorized to cancel the agreement entirely or partly.
Artikel 11
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a) Dutch law is applicable to this agreement.
b) All conflicts will be presented to a judge, qualified in the district in which the offerer is having office.
Concluding Conditions:
Tia Canaria is acting as an intermediary for flight reservations, car rentals, housing, transfers, charters and so on. Therefor the general terms and conditions of the third parties (such as airlines, travel organisations, insurance companies, etcetera) are applicable. Tia Canaria is not responsible or liable for any of the services provided by third parties.
UNOFFICIAL TRANSLATION OF THE DUTCH TERMS AND CONDITIONS