General Terms and Conditions for Travel

  1. Article 1 Introduction
    1. Ni Hao Helan, trade name of company W.Nijbroek, is registered at the chamber of commerce, The Hague under K 61092649, incorporated under Dutch law, having its seat and place of business at Leiden, at Stadhouderslaan 26, the Netherlands.
    2. These General terms and conditions are applicable to travel arrangement for which Ni Hao Helan acts as travel organizer. A travel arrangement lasts at least 24 hours, or includes one night accommodation and must include two or more of the following components, a) transportation, b) accommodation; c) a third service not being transport or accommodation related.
    3. Ni Hao Helan Booking Conditions are applicable, when Ni Hao Helan acts a service provider in the area of travel. Ni Hao Helan can inform, advise and make reservations on behalf of the traveller. Also in case of a single travel component, the Booking Conditions apply.
    4. These travel terms and conditions can also be declared applicable to other travel services, such as accommodation, car rental and shuttle bus journeys. This must be stated explicitly in the offer, in such cases.
    5. The traveller has no legal rights to withdraw the travel agreement after the travel arrangement has been entered, unless this right is explicitly specified in the offer.
  2. Article 2 Information provided by the travel organiser
    1. The travel organiser will make it known when the travel sum must be paid (in full) before the travel agreement is entered into. The travel organiser can require a deposit payment, the level of which the travel organiser must make known before the agreement is entered into.
    2. The travel organiser can subject the conclusion of a travel contract to the condition that the traveller take out proper travel and medical insurance, and can also request proof of such insurance. Travel and medical insurance are always the responsibility of the traveler.
    3. The travel organiser accepts no responsibility for general information in photos, folders, advertisements, websites and other information carriers, if these have been drawn up or published by third parties.
    4. If the travel package offered is included in a publication (including internet publication) of
      the travel organiser, the details stated in this form part of the contract, unless otherwise indicated.
    5. The travel organiser must provide the legally stipulated information no later than at the time of formation of the agreement. The traveller him/herself is responsible for obtaining the necessary additional information from the applicable authorities with regard to passports and visa obligations, and to ascertain in good time before departure whether or not the information previously obtained has changed.
    6. In the case of air travel, the identity of the airline providing the transport will be notified to the traveller soon as it is known to the travel organiser, no later than at the time the travel documents are made available. The definitive departure and arrival times for transport components will be stated in the travel documents.
  3. Article 3 Information provided by the traveller
    1. Before the agreement is entered into, the traveller must provide all information regarding him/herself and the travellers for which he/she has made a booking which could be of importance in the conclusion or realisation of the contract in good time. This must in any event include his/her mobile telephone number(s), email address(es).
    2. The traveller must indicate any details which could be of importance to the good realisation of the travel package by the travel organiser regarding his or her own physical and mental condition, and regarding the capacity or composition of the party for which he/she has made a booking.
    3. If the traveller does not comply with his/her obligations to provide information, this could result in said traveller(s) being excluded from (further) participation in the travel package. In such cases, all costs associated with this will be charged to the traveller.
    4. The traveller can ask the travel organiser to change the travel offer for medical reasons and other reasons. The travel organiser is not required to meet such a request, but if the travel organiser does meet it, the traveller must pay the costs associated with the change.
  4. Article 4 Confirmation/Withdrawal by the travel organiser
    1. The contract is realized as a result of acceptance by the traveller of the offer of the travel organiser, including the terms and conditions declared applicable. Acceptance can only be done in writing. Also email confirmations are considered as binding the traveler (and his/her party). The travel organizer will take a screenshot of the acceptance message in case of whatsapp or wechat. After the contract is realized, the traveller will receive confirmation of this, and/or an invoice, as quickly as possible.
    2. The travel organiser is entitled to terminate the travel agreement in writing within the period stated in the offer in the event that the number of participants is smaller than the required minimum number of participants made known prior to the booking.
    3. The offer of the travel organiser is free of obligation, and can, if necessary, be withdrawn by the travel organiser, including after acceptance of the offer by the traveller and, as appropriate, after confirmation by the travel organiser. Withdrawal due to a correction of errors in the calculation of the travel sum or of other errors is permitted. The withdrawal
      must take place as quickly as possible, in any event within 24 hours (travel packages in Europe) or within 48 hours (travel packages to other destinations) after the date of acceptance, giving reasons. If the traveller accepts the offer over the weekend or national holidays, the deadline for withdrawal by the tour operator starts at midnight on Sunday evening or midnight of the last national holiday. In such cases, the traveller is entitled to prompt reimbursement of any amounts paid.
    4. Manifest errors and/or mistakes are not binding on the travel organiser.Such errors and mistakes are errors and mistakes which are or should be recognisable as such at first sight from the point of view of the average traveller.
  5. Article 5 Changes instigated by the travel organiser
    1. The travel organiser can only change the travel agreement as a result of serious circumstances, which the travel organiser must notify the traveller of immediately. The traveller can only reject the change if the change does cause a disadvantage to the traveller which is of more than slight significance.
    2. The travel organiser can also change an essential point in the travel agreement as a result of serious circumstances, which the travel organiser must notify the traveller of immediately, in other words without any culpable delay on the part of the travel organiser. The traveller can refuse this change.
    3. Up to twenty days before commencement of the travel package, the travel organiser can increase the travel sum in the context of changes to the transport costs (including fuel costs), the taxes and levies owed or an increase of the exchange rate of currency of the destination of travel to the Euro. In the event of application of this provision, the travel organiser will indicate how the increase has been calculated.
    4. As of the date on which the full travel sum must be paid according to the terms and conditions of the travel organiser and has also actually been paid, the travel organiser will no longer increase the travel sum, contrary to the provision in paragraph 3.
    5. In the event of a change to the agreement on an essential point, the travel organiser will immediately make an alternative offer to the traveller, if possible. The alternative offer must be equivalent. The equivalence of alternative accommodation must be evaluated on the basis of objective standards.
    6. Following a rejection as referred to in paragraph 2, the travel organiser can terminate the travel agreement. The traveller will be entitled to reimbursement or remission of the travel sum, or a proportionate part of it if usage of the travel package has already partly taken place. The traveller will have the same right if he/she rightly has rejected a change which has caused a disadvantage to the traveller which is of more than slight significance.
    7. A. If the cause of the change can be attributed to the travel organiser, the loss of the traveller arising from this will be borne by the travel organiser.B. If the cause of the change can be attributed to the traveller, the loss arising from this will be borne by the traveller.C.If the cause of the change cannot be attributed to either the traveller or the travel organiser, each of the parties will bear their own losses.
    8. The travel organiser is required to notify the traveller of a change to the departure time. With regard to the return journey of travellers who booked only transport and/or whose accommodation address is unknown, the travel organiser will make reasonable efforts to inform them about this change.
  6. Article 6 Help and assistance
    1. Depending on the circumstances, the travel organiser is required to provide the traveller with help and assistance if the travel package does not proceed in accordance with the expectations which the traveller could reasonably have on the grounds of the contract. The costs arising from this shall be borne by the travel organiser if the failure in the performance of the contract is attributable to the travel organiser.
    2. In the event that the cause is attributable to the traveller, the travel organiser is only required to provide help and assistance inasmuch as this can reasonably be expected of it. In such cases, the costs will be borne by the traveller.
    3. In the event that the travel package does not proceed in accordance with the expectations which the traveller could reasonably have had as a result of circumstances which are attributable neither to the traveller nor the travel organiser, each of these will bear their own losses.For the travel organiser, these will consist, among other things, of extra staffing costs; for the traveller these will consist, among other things, of additional accommodation and repatriation costs.
  7. Article 7 Liability of travel organiser
    1. The liability for loss suffered by the traveller is limited to two times the travel sum unless the travel organiser itself is performing the service and/or in the event of intent or deliberate recklessness on the part of the travel organiser. The travel organiser cannot exclude or limit his/her liability for loss arising from the death of or injury to the traveller.
    2. A failure in the performance of an obligation which can be attributed to the travel organiser results in an obligation on the travel organiser to reimburse a disadvantage other than financial loss, inasmuch as this failure caused loss of travel enjoyment. This payment will be a maximum of one time of the travel sum.
    3. In the event that a service included under the travel agreement is subject to a Convention or an EU regulation, the travel organiser can invoke an exclusion or limitation of liability which is granted to or exists for a service provider as such under said convention or regulation.
    4. Force Majeure
      1. Force majeure refers to circumstances which obstruct execution of the travel agreement and which are not attributable to Ni Hao Helan. These include (among others): strikes in companies other than Ni Hao Helan, traffic hindrances, (general) transport problems, natural disasters and technical difficulties of any nature.
      2. Ni Hao Helan reserves the right to refer to force majeure if the circumstance which prevents execution of the contract occurs after Ni Hao Helan should have executed the travel agreement.
      3. In cases of force majeure, Ni Hao Helan is entitled to defer execution of the contract. Should the period of force majeure last longer than 60 days, both parties are entitled to rescind the travel agreement without liability for damages.
      4. Should the force majeure occur after Ni Hao Helan has executed the travel agreement in part, Ni Hao Helan is entitled to invoice the client for that part and the client must settle this invoice in compliance with article 10.
    5. The travel organiser is also not liable for any loss that the traveller could have covered by entering an insurance policy, such as a travel insurance, health insurance and/or cancellation insurance policy.
  8. Article 8 Rights of the traveller
    1. Substitution
      1. The traveller can request that the travel organiser replace him/her with another person. This is subject to the following terms and conditions:
        the other person complies with all the conditions to which the contract is subject; and
        the request is submitted no later than 7 calendar days before departure, or in good time such that the necessary actions and formalities can still be carried out; and
        the terms and conditions of the service providers involved in the fulfilment do not preclude such substitution.In the event that the request cannot be granted, the travel organiser will notify thetraveller to this effect, giving reasons.
      2. The booking party, the traveller and the person substituting for the traveller are jointly and severally liable vis-à-vis the travel organiser for payment of the part of the travel sum still owed, the amendment fee and any additional costs resulting from the substitution.
    2. Travel documents
      1. The travel organiser will indicate in the confirmation the time at and manner in which the travel organiser will make the travel documents available to the traveller.
      2. If the traveller has not received any travel documents by the time specified by the travel organiser, and no later than 5 working days before departure, he/she must notify the travel organiser or the booking office to this effect immediately.
  9. Article 9 Termination by the traveller (cancellation)
    1. The traveller can terminate the travel agreement. If the traveller does so, he or she will be required to reimburse the travel organiser for the loss the travel organiser suffers as a result of the termination. This is a maximum of one times the travel sum.
    2. Unless the travel organizer has stated otherwise before entering the travel agreement, the following fixed percentages of the travel sum are used to set the loss, depending on the time of termination (cancellation costs):
      Until 42 days before departure full deposit (30% of the total fare)
      42-28 (excl) days before departure 50% of the total fare
      28-14 (excl) days before departure 75% of the total fare
      14-0 days before departure 100% of the total fare
    3. A traveller who cancels the travel agreement will be required to pay these cancellation costs, unless the traveller can make a plausible case that the loss of the travel organiser is lower. In such cases, the travel organiser will charge this lower loss. The term loss refers to loss suffered and loss of profits.