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SPECIALISTS IN ACCESSIBLE TRAVEL

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GENERAL TERMS AND CONDITIONS  May 1 2017 Please read the following General Contract and Travel Conditions carefully.   The Terms and Conditions apply to Accessable Travel, acting under the name www.disabledaccessibletravel.com. All transactions and all  agreements are subject to these Terms and Conditions.   By accepting these General Terms and Conditions you are authorizing Accessable Travel, trading as www.disabledaccessibletravel.com, to contract  services from third party suppliers on your behalf. You have a legal obligation to declare anything that may impede the performance of the contract  between you and Accessable Travel. Failure to do so may result in Accessable Travel, her agents, associates, affiliated companies, or  subcontractors refusing you access to services contracted due to, but not limited to, health and safety concerns and due diligence in respect to the  health, safety and welfare and well being of other guests.   1. Scope 1.1 These General Terms and Conditions, hereinafter referred to as GTCs, govern the contractual relationship between you and Accessable Travel  in respect to the services offered.   1.2 These GTCs distinguish between package trips, other travel services and concierge services. A package trip is defined as such when incoming services have a total package price and where the package trip lasts for at least 72 hours. Accessable Travel is not a Tour Operator and does not offer package trips. Accessable Travel is not a Travel Agent and does not provide Travel Agency services. Other travel services are defined as including but not limited to airport transfers, overnight stays, short excursions that include but are not limited to shore excursions. Concierge services are defined as those services where Accessable Travel locates and secures third party services for private individuals, groups, companies, travel agencies or any other entity hitherto not listed. 1.3 Where Accessable Travel acts as a concierge for travel services provided by but not limited to tour operators, Accessable Travel is not a party  to the contract and the other provider’s own Terms and Conditions apply. In these cases Accessable Travel accepts no liability for the  performance of third-party providers and refers you to their liability conditions that they should make available to you on request. Accessable  Travel GTCs are superseded by third party GTCs.   2. Creating the contract  2.1 A contract is created and is binding on all parties when Accessable Travel has received a booking request and confirmed this request by email  with a booking confirmation, including reference number.    3. Terms of payment 3.1 Travel services, concierge and any other services contracted must be paid within 30 days, and by the due date as stated on the invoice.  Deposits are not accepted under any circumstances. 3.2 Prices are quoted in Euros either exclusive of VAT or inclusive of VAT at the prevailing rate where mixed VAT rates apply.   3.3 Non-EU Community bank charges are payable by the sender bank account holder.   3.4 PayPal payments are subject to a 5% surcharge as stated on invoices and are available where invoices due total less than €500.  4. Cancellation or booking alteration by the customer   4.1 Should you wish to alter your booking after receipt of your confirmation reference number and payment, we will levy a processing fee of Euros  60.00 per alteration. You must notify Accessable Travel of your required alteration without delay by e-mail quoting your confirmation reference  number. Fax or telephone calls or mailed alteration requests are not accepted as forms of communicating booking alterations.   4.2 Should you wish to cancel your booking for services other than hotel room reservations after receipt of your confirmation reference number and  payment, refunds will be made in accordance with the schedule of:    31 days or more before start of service: 100% refund less bank processing fees.    Less than 31 days before start of service: no refunds are payable.    No-shows will be treated as cancellations of less than 31 days and no refunds are payable.   4.3 Cancellation of bookings contracted within 31 days of the service required no refunds will be payable. You must notify Accessable Travel of your  cancellation without delay by e-mail quoting your confirmation reference number. Fax or telephone calls or mailed cancellations are not  accepted as forms of communicating cancellation or booking alterations   4.4 If you are unable to travel after completing a booking for whatever reason, you can in principle appoint a replacement who will take part in the  trip under the same GTCs contained, herein subject to the replacement person agreeing to pay the price of the trip, and to the travel providers  for the trip (hotels, train/boat cruise companies or any other contracted entity), accepting the change and the payment of any additional fees  levied by travel providers. Where a replacement is not possible you must claim against your travel insurance policy if the GTC 4.2 less than 31  days notice condition applies. Accessable Travel is not liable to compensate or refund or make any recompense for any loss incurred in the  cancellation of your booking.   4.5 Hotel room reservations are pre-payable by bank transfer and are non-refundable.   5. Availability 5.1 A booking is made on the understanding that services contracted including but not limited to accessible transport, adapted or otherwise, and or  accommodation, accessible or adapted or non-adapted, will be placed at your disposal on the date stated. Where this is not possible through  circumstances not under the control of Accessable Travel, her agents, associates, affiliated companies, or subcontractors, and Accessable  Travel, her agents, associates, affiliated companies, subcontractors, cannot guarantee to provide alternative accessible transport, adapted or  otherwise, and or accommodation, accessible or adapted or non-adapted, in which case all monies paid shall be refunded in full, but the hirer  shall have no further claim against Accessable Travel nor her agents, associates, affiliated companies, or subcontractors. Accessable Travel  endeavors to ensure the availability of amenities as described in the web page but shall not be held liable in respect of their non-availability.   6. Program alterations, price changes and cancellation of trip by the provider   6.1 Programs may be altered in the case of unforeseeable circumstances. Accessable Travel, her agents, associates, affiliated companies, or  subcontractors will do all they can to offer alternative, equally satisfactory arrangements or other solutions in such cases. Where alterations are  made to contracted services by persons or organizations not party to the contract, such as non-docking at a cruise port, Accessable Travel nor  her agents, associates, affiliated companies, or subcontractors accept liability for any losses incurred including but not limited to payments  made for shore excursions or other services. You must claim against your travel insurance policy to recover any losses.   6.2 Should the arrangements actually provided be of lesser value than the arrangements originally booked, the difference will be refunded to you if  Accessable Travel  or another provider were at fault. Terms 7.1, 7,2, 7,3 apply.   6.3 Accessable Travel is entitled to cancel services in cases of but not restricted to force majeure (e.g. natural catastrophes, unrest, strikes) or in  the event of but not limited to government action, accidents, and technical defects. If Accessable Travel cancels a trip before it begins, the  amount you have paid will be refunded in full.   6.4 Accessable Travel reserves the right to increase tour fees due to any but not limited to increased road taxes, road tolls, fuel costs, museum and  tour site entry fees or fluctuation of exchange rates.   7. Complaints 7.1 If a trip does not meet the contractual agreement, or if you suffer losses excluding theft by parties unknown, you are entitled and obliged to  notify the relevant service provider of the relevant shortcoming or losses without delay.   7.2 Should the service provider at the location be unable to provide a satisfactory solution, and therefore the shortcoming is not (properly) resolved,  you should complain in writing via email to Accessable Travel within 30 days of the date on which the service was due to end. Accessable  Travel will act in this instance as arbitrator between the parties concerned.   7.3 You will automatically lose any entitlement if you do not complain to the service provider at the location (see 7.1) or if you do not send a written  complaint to Accessable Travel within the time allowed (see 7.2).  8. Liability 8.1 Fully accessible accommodation and or adapted transport is not readily available throughout many countries. Accessable Travel will endeavor  to offer facilities that are as acceptable to you as possible and will give you as many details of each accommodation, venue and transport  facilities as possible that are attainable from third party sources. Accessable Travel accepts no liability for providing details in good faith from  third party suppliers that are erroneous as accepting these GTC’s confirms your acceptance of services as described and offered by  Accessable Travel. Where information from suppliers is erroneous GTCs 7.1; 7,2 and 7,3 apply.   8.2 Accessable Travel, her agents, associates, affiliated companies, or subcontractors, accept no liability where no pre-booking information is  supplied for whatever reason regarding access problems that you may consider to limit your enjoyment to but not limited to architectural sites,  buildings, gardens, hotels, transport private or public, theatres, public or municipal or private buildings, restaurants, cafes, public spaces,  sporting activities, pleasure activities, water based activities including but not limited to sailing.  8.3 Accessable Travel is not liable for bodily injury or property damage or financial loss as a result of or caused by but not limited to: falling,  physical exertion for which you are not prepared; forces of nature; travel by train, auto, car, bus, motorcycle, boat or other conveyance public or  private, or by bicycle, ski, horseback, foot or other form of active or adventure travel; consumption of alcoholic beverages; civil unrest; terrorism;  breakdown of equipment; high altitude; lack of or limited access to medical attention in remote locations; adequacy of medical attention in  remote locations. Accessable Travel is not liable for additional expenses not specified as included in the tour cost. Accessable Travel is not  liable for additional expenses you may incur as a result of a late start and/or late return due to natural disasters, weather, traffic, illness of a  guide or other guest while en-route or any other delays due to circumstances beyond the control of tour guides. Accessable Travel, her agents,  associates, affiliated companies, or subcontractors reserve the right to make route modifications as necessary to improve a tour or excursions  quality or to accommodate prevailing weather conditions or the comfort and well being of guests.   8.4 Accessable Travels liability for direct, immediate material loss is limited in cases where Accessable Travel is deemed to be at fault, to the cost  of the service provided, unless the loss was caused deliberately or as a result of gross negligence on the part of Accessable Travel. Any further  liability, particularly for indirect loss and or consequential loss, is excluded. 8.5 Guests of Accessable Travel, her agents, associates, affiliated companies, or subcontractors give Accessable Travel, her agents, associates,  affiliated companies, or subcontractors express permission to take photographs or video recordings of tours and services for marketing  purposes, as well as approving such use by third parties with whom Accessable Travel, her agents, associates, affiliated companies, or  subcontractors may collaborate with, without financial remuneration.   9. Mobility Scooter Rentals for use on CruiseShips  9.1 Scooters are rented for use on cruiseships and supplied in full working order and fully charged battery. In the event of mechanical failure  Accessable Travel and/or suppliers are liable only for reimbursement of the rental cost.   9.2 Accessable Travel, her agents, associates, affiliated companies, or subcontractors accept no liability for injuries suffered or caused to the user  or third parties due to mishandling of the equipment.  9.3 If a scooter is used for shore excursions Accessable Travel, her agents, associates, affiliated companies, or subcontractors accept no liability  for injuires suffered or caused to the user or third parties due to mishandling of the equipment, nor for losses incured on a shore excursion due  to mechanical failure.  10. Travel Documentation  10.1  It is your responsibility to ensure that you are in possession of a valid passport, visa permits, vaccination and other medical certificates, and  all other travel documents, including traveler’s cheques and that you have access to sufficient funds to support yourself where applicable.  Accessable Travel, her agents, associates, affiliated companies, or subcontractors shall not be held liable should you be refused entry into any  country for whatever reason.   11. Insurance 11.1 You are required to make your own arrangements for insurance, to cover but not be limited to airline flights not departing on time, late arrivals  for cruise departure, non docking causing loss of prepaid tours; Baggage Loss & Damage and Medical Treatment, Injury, Death Cover  Insurance. Comprehensive travel, medical expenses, baggage, money and cancellation insurance is compulsory for all bookings. Accessable  Travel, her agents, associates, affiliated companies, or subcontractors reserve the right to request proof of insurance at any time during the  booking process. You accept that it is your responsibility to arrange your own insurance. You will arrange personal insurance and be satisfied  that your insurance covers your personal requirements. It is your responsibility to ensure that a personal carer is registered with an Association  for the Disabled in your country. GTC 11 applies to all persons traveling under these GTCs. Accessable Travel, her agents, associates, affiliated  companies, or subcontractors accept no responsibility for care or lack of it given by your carer during your tour. Guides and service providers  will not double as carers at any time, whatsoever.   12. Applicable law and place of jurisdiction  12.1  The contractual relationship between you and Accessable Travel is subject to Dutch and European Community law.   I HAVE READ, UNDERSTAND AND AGREE TO ALL OF THE TERMS & CONDITIONS   “The terms of this agreement shall serve as a release and express assumption of risk for myself, my heirs, assignees, administrators, executors,  and all members of my family, including any minors accompanying me. I have read and fully understand the provisions and the legal consequences  of this release and assumption of risk, and I hereby agree to all its conditions, especially noting and agreeing to the portion of this provision that  releases Accessable Travel and her agents, associates, affiliated companies, or subcontractors, to the extent permitted by law, from liability for the  negligent or reckless acts or omissions of Accessable Travel affiliated companies, airlines and subcontractors.”   You are deemed to have read and accepted these Terms and Conditions upon Accessable Travel receiving your confirmation booking in writing by  e- mail and payment via Direct Bank Transfer or PayPal.   
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LEGAL INFORMATION

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