Privacy Directive 95/46/EC, including, for example, but not limited to, the US Bureau of Customs and Border Protection;
c) that, within the limits of the applicable laws and regulations, travellers are entitled to ask to examine the personal data which the travel company possesses concerning them and that, if this personal data is factually incorrect, incomplete or not relevant, or has otherwise been processed in violation of a statutory provision, the traveller may request to correct, supplement, remove or block this data, and to inform the travellers that they may contact the travel company for additional information about these rights or such requests; and
d) any other information necessary to enable the travel company to process the travellers’ personal data properly and with due care.
10.3. The client itself or traveller himself/herself will obtain the necessary information from the relevant authorities with respect to passport requirements, visas or other formalities that are (among other things) related to health risks and shall also check in good time before departure whether the infor- mation obtained previously is still correct.
10.4. The client and traveller(s) are obliged to comply with all instructions from the travel company and travel service providers to facilitate proper perfor- mance of the service(s) (including but not limited to instructions on check-in times and transfer times) and are liable vis-à-vis the travel company and/or travel service provider for damage ensuing from or otherwise related to their acts and/or omissions, or as the case may be must themselves bear their own damage ensuing from this.
10.5. The traveller causing inconvenience or nuisance to such a degree as to strongly impede or possibly impede the proper performance of the service(s) may be excluded from (continuation of) the ser- vice(s) by the travel company and/or travel service provider, if further compliance with the agreement cannot be reasonably demanded from them. Any ensuing damage shall be at the client’s expense.
10.6. The client and the traveller(s) are obliged to prevent and/or to limit any (further) damage as much as possible, for example by timely reporting complaints in accordance with the provisions of Article 12.
Article 11. Indemnity and joint and several liability
11.1. The client shall indemnify the travel company against any claims by the traveller(s) and/or travel service providers or other third parties arising from or related to the agreement.
11.2. The client is jointly and severally liable for all obligations of the traveller(s) with respect to the travel company or travel service provider insofar as these arise for the traveller(s) from the agreement(s) concluded in this respect.
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Article 12. Complaints, extinction of right of action and applicable law
Complaints relating to the service provided by the travel company 12.1. Complaints regarding the service provided by the travel company, such as advice and information furnished and the handling of reservations, must be submitted to the travel company in writing, stating the reasons, within one month of the client becoming aware of the facts to which the complaint relates.
12.2. The travel company will try to settle the complaint in an expeditious manner.
Complaints about the performance of the service(s) 12.3. The client shall immediately report any complaints regarding the performance of the travel service to the (representative of the) travel service provider and shall try together with the (representative of the) service provider to reach a solution in situ fi rst.
12.4. The client shall at all times afford the travel service provider the opportunity to fi nd a suitable solution to the complaint.
12.5. If the complaint cannot be resolved with the (representative of the) travel service provider in situ, the client shall contact the travel company without delay. The travel company will exert its best efforts to resolve the complaint in a satisfactory manner, as far as reasonably possible.
12.6. In the event of disputes between the travel service provider and the client in respect of the perfor- mance of the service, the travel company will act as a mediator without itself becoming a party to the dispute.
12.7. If the complaint cannot be resolved satisfactorily in situ, it must be submitted to the travel service provider or to the travel company in writing, stating the reasons, as soon as possible but no later than within one month of return. The travel company will forward the complaint - where it relates to the performance of the service - to the travel service provider for further handling. Both the travel service provider and the travel company will try to settle the complaint in an expeditious manner.
Extinction of right of action 12.8. Any right of action with respect to the travel com- pany’s liability will become extinguished after one year, calculated from the date on which the booked service was performed and/or provided.
Applicable law 12.9. All disputes between the client and the travel company shall be governed by Dutch law and the District Court in which the travel company has its registered offi ce will have jurisdiction to hear the dispute, unless the travel company opts for the competent court of the domicile of the client.
© ANVR 2018
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