The following definitions are assumed in these Holiday conditions:
1. Holiday organiser: Argentina-Holidays.co.uk 2. Holiday agreement: the agreement by which Argentina-Holidays.co.uk obligates itself to provide the other party with a pre-organised holiday supplied by Argentina-Holidays.co.uk 3. Traveller: the other party associated with Argentina-Holidays.co.uk (traveller or representative). 4. Work days and office hours: Monday to Friday from 9:30 am to 5:30 pm with the exception of official bank holidays.
Article 2. Establishment of holiday agreement
1. The agreement will be established once the traveller accepts the quote provided by Argentina-Holidays.co.uk. Once the agreement has been established, the traveller will receive written confirmation in the form of a holiday agreement or invoice. 2. The quote provided by Argentina-Holidays.co.uk shall remain free of obligation and can be rescinded if necessary. Rescindment must take place as soon as possible or at least by the following working day if no reason is given. Rescindment due to corrections of errors in the calculation of costs is permitted. 3. By the time the agreement is established, the traveller must provide Argentina-Holidays.co.uk with all details about himself and about his co-travellers that may be of interest. He must also provide details about the capacities and the composition of his group of co-travellers that may be of interest, so as to ensure that Argentina-Holidays.co.uk is able to effectively execute the holiday. 4. Whoever establishes an agreement on behalf of or in aid of another party (the representative) will be severally responsible for all obligations forthcoming from the agreement. All communication (including payments) between the traveller and Argentina-Holidays.co.uk will exclusively take place via the representative. Every other traveller will be obligated according to his own share in the holiday agreement. 5. Apparent errors and miscalculations will not obligate Argentina-Holidays.co.uk. Such errors and miscalculations are errors and miscalculations that – from the perspective of the average traveller – are or should be apparent at first glance. 6. Argentina-Holidays.co.uk will not be held liable for general information found in photographs, brochures, advertisements, websites and other sources of information, insofar as these have been compiled or issued by third parties. 7. A holiday of a minimum of 7 nights is required before an agreement can be established.
Article 3. Payment
1. Once the agreement has been established, a deposit of 50% of the total agreed holiday amount must be paid (a minimum of € 250, or at least an amount not exceeding that which covers all international and domestic flights), plus possible payments for insurance premiums and costs incorporated into the agreement. In exceptional circumstances (e.g. airline tickets), a differing deposit or payment arrangement may apply. 2. The remainder of the holiday amount must be paid within six weeks of the departure date. If no timely payment is received, the traveller will be in default. This can result in cancellation and the cancellation costs will be for the account of the traveller. 3. If the agreement is established within 6 weeks of the departure date, the full holiday amount must be paid immediately upon receipt of invoice. 4. Possible refunds will only be paid to the client. US Dollar versus Euro exchange rate. Virtually all accommodations and local exploits in Latin America are calculated on behalf of Holidays-Argentina.co.uk in US Dollars. Because the exchange rate between this US Dollar and the Euro can fluctuate severely, Holidays-Argentina.co.uk is obliged to, in case of bookings for which the departure date is more than 5 months in the future:
- Either require 100% advance payment at the time of booking
- Or supplement the regular payment arrangement mentioned in Article 3 with a stipulation that states that, if the US-Dollar increase in strength versus the Euro by more than 10% (and only in such cases) between the moment of booking and the moment of departure, a surcharge may be applied based on the full difference in exchange rate.
Article 4. Holiday price
1. The advertised holiday price is based on the prices, exchange rates, levies and taxes as known to Argentina-Holidays.co.uk when it compiled the holiday. The holiday prices mentioned apply per person unless otherwise stated. 2. As long as the entire holiday price has not yet been paid, Argentina-Holidays.co.uk reserves the right to, up to 20 days prior to departure, increase the holiday price due to changes in transport costs (taking fuel prices into account), taxes and levies payable and the applicable exchange rates. 3. The traveller is entitled to reject an increase in the holiday price as stipulated in the previous section. He must (under penalty of lapse) take advantage of this right within 3 working days of being informed of the increase. 4. If the traveller rejects the increase in holiday price, Argentina-Holidays.co.uk reserves the right to annul the agreement. It must (under penalty of lapse) take advantage of this right within 7 working days of being informed about the rejection by the traveller. In such cases, the traveller is entitled to remission or an immediate refund of all monies already paid. 5. Reservation costs of € 30 per person will be charged per booking. 6. In case of bookings with a total holiday price of less than € 300, a € 50 administration surcharge will be added per person. 7. In case of a booking made within 14 days of departure, a last-minute surcharge of € 50 p.p. will be added.
Article 5. Travel documents
1. At departure and during the holiday, the traveller must be in possession of the necessary valid documents, such as a passport and possible visas required, proof of inoculations / vaccinations and (international) driving license (in car hire cases). The traveller will be responsible for these and must contact the relevant institutions for definitive explanations. If the aforementioned is not observed by the traveller and the holiday or part of it is hence not possible, the costs and all related consequences will be for the account of the traveller.
2. During the holiday, the traveller must be in possession of insurance covering, within reason, at least hospital costs, doctor consultation costs, funeral costs and repatriation costs. 3. Holidays-Argentina.co.uk will hand over the necessary travel documents to the traveller at least 10 days prior to departure, as long as the holiday has been paid for in full.
Article 6. Amendments by the traveller and transfer to another traveller
1. The traveller can request amendments to his holiday up to 28 days prior to departure. These amendments will implemented as far as is possible. If the holiday price is subsequently amended, the traveller must pay the amended holiday price less monies already paid. In addition to the actual costs, the amendment costs amount to € 50 per person. Possible supplier amendment costs will also be passed on to the traveller. Postponement of the departure date or a decrease in the number of paying passengers will be considered a (partial) cancellation, to which article 7 will apply. 2. If arranged in good time prior to the holiday, the traveller can transfer his holiday as long as his replacement conforms to all the conditions set out by the agreement, and the request is submitted at least 14 days prior to departure. The representative, the traveller and whoever replaces him remain severally liable to Holidays-Argentina.co.uk for payment of the remainder of the holiday price, the amendment and communication costs stipulated in article 6, section 1, and for other potential costs related to the replacement. In terms of flights, replacement will only be possible if there is availability in the same class with the same conditions. Article 7, section 2, applies to the cancellation of the ticket of the original traveller.
Article 7. Annulment by the traveller
1. If an agreement is annulled, the following annulment costs will be payable by the traveller in addition to potential reservation costs payable: a. in case of annulment up to 42 days (excluding) prior to departure date: 30% of the holiday price; b. in case of annulment between the 42nd day (including) and the 28th day (excluding) prior to departure date: 35% of the holiday price; c. in case of annulment between the 28th day (including) and the 14th day (excluding) prior to departure date: 50% of the holiday price; d. in case of annulment between the 14th day (including) and the 7th day (excluding) prior to departure date: 75% of the holiday price; e. in case of annulment between the 7th day (including) and the departure date or later: the full holiday price. 2. If a holiday consists of various components to which different cancellation stipulations apply, that which specifically relates to these components will apply. E.g. in case of airline tickets, cruises, car hire, different cancellation provisions may apply. 3. The annulment of an agreement by one or more travellers who have jointly booked accommodation in a hotel room, apartment or other accommodation will be regarded as an annulment of all agreements, meaning that all the travellers in question will be liable for the amounts mentioned in the previous sections. The holiday price will be newly calculated for the remaining travellers. This could result in a higher price.
Refunds: You must submit your request for potential refunds in writing within 3 months after the booked holiday date. If your request is submitted later than this, you will not be considered for a refund.
Article 8. Annulment by Argentina-Holidays.co.uk
1. Argentina-Holidays.co.uk reserves the right to annul an agreement due to significant circumstances. Significant circumstances imply circumstances that are of such a nature that further obligations binding Argentina-Holidays.co.uk cannot, within reason, be expected. 2. One of the cover limitations of the Calamiteitenfonds Reizen that relates to the agreement is a significant circumstance. 3. If the cause for annulment can be attributed to the traveller, the resulting loss will be for the account of the traveller. If the cause for annulment can be attributed to Argentina-Holidays.co.uk, the resulting loss will be for the account of Argentina-Holidays.co.uk.If the cause for annulment can neither be attributed to the traveller nor to Argentina-Holidays.co.uk, each party will endure its own losses.
Article 9. Amendments by Argentina-Holidays.co.uk
1. Due to local circumstances in holiday areas or other circumstance related to these, Argentina-Holidays.co.uk reserves the right to make amendments to the holiday, e.g. the holiday route, the holiday schedule, the point of arrival and departure, transport and accommodation, the timeframe and the order in which planned excursions take place, or even to terminate the holiday once it has already commenced. Circumstances included are in any case assumed to be the circumstances mentioned in article 10, section 4, a and b. Amendments to holiday schedules due to continuous poor weather are likewise included in this article. Amendments to transport and accommodation can involve, amongst others, the allocation of a different mode of transport or a different type of accommodation and/or a different carrier. 2. In case of amendments, Argentina-Holidays.co.uk must provide the traveller with an alternative supply if possible. The alternative supply must at least be equivalent to the original. 3. RArgentina-Holidays.co.uk may also amend the agreement due to a non-essential reason in case of significant circumstances. In such a case, the traveller may only reject the amendment if it he is negatively affected more than trivially. 4. A traveller, who pursues his right to reject the amendment or alternative supply in accordance with the previous sections, must make this fact known within 3 days of receiving notification of the amendment. From 10 days prior to departure, a period of 24 hours (1 working day) applies. In such a case, Argentina-Holidays.co.uk reserves the right to terminate the agreement with immediate effect. It must (under penalty of lapse) take advantage of this right within 3 working days of receipt of notification of rejection of the amendment by the traveller. Up to 10 days prior to the departure date, a 24-hour (1 working day) period applies. In such a case, the traveller is entitled to remission or a refund of the holiday price (or, if part of the holiday has already taken place, a pro rata refund) within 2 weeks. 5. If, after the departure of the traveller(s), a significant part of the services related to the agreement are not supplied, or if Argentina-Holidays.co.uk realises that it cannot supply a significant portion of the services, Argentina-Holidays.co.uk will ensure that suitable alternative arrangements are made with the aim of continuing the holiday.
Article 10 – Liability and force majeure
1. Without diminishing that which is stipulated in articles 8, 9 and 10, Argentina-Holidays.co.uk is obligated to observe the agreement as can be expected by the traveller within reason on the grounds of the agreement. 2. If the holiday does not proceed in accordance with the expectations mentioned in section 1, the traveller must provide verbal notification as soon as possible to the provider involved as stipulated in article 12. 3. If the holiday does not proceed in accordance with the expectations mentioned in section 1, Argentina-Holidays.co.uk will be obligated to compensate potential losses, unless shortcomings in observing the agreement cannot be attributed to it, nor to the party whose help it employs in order to observe the agreement, because: a. the shortcoming in the observance of the agreement can be attributed to the traveller; or b. the shortcoming in the observance of the agreement could not be predicted or eliminated and is attributable to a third party not involved in the services included in the holiday; or c. the shortcoming in the observance of the agreement is due to an event that neither Argentina-Holidays.co.uk, nor the party whose help it employs in order to observe the agreement, could have predicted or remedied, regardless of the utmost care taken; or d. the shortcoming in the observance of the agreement is due to force majeure in the context of section 4 of this article. 4. Holidays-Argentina.co.uk will in no case whatsoever be held liable for losses attributable to the below circumstances: a. war, threat of war, siege, quarantine, unrest, sabotage, strike action, lock-out, crime, boycott action, non-availability of supplies, failure of communication resources, failure of transport resources, delays in public transport facilities. b. social disruption due to natural disasters and serious incidents c. errors made by other parties, as well as the non-observance of obligations by other parties that are not employed by Argentina-Holidays.co.uk or have not directly been involved by Argentina-Holidays.co.uk to assist in observing the agreement. 5. Liability of Holidays-Argentina.co.uk for losses covered by regular travel- and cancellation insurance is excluded. Argentina-Holidays.co.uk will likewise not be held liable for losses excluded by applicable statutory or common International Law. 6. The liability of Argentina-Holidays.co.uk per traveller will, in case of the death of a traveller or physical or mental injury, never exceed the holiday price per person. 7. Liability for all other losses will, per traveller, never exceed 50% of the holiday price per person. 8. Argentina-Holidays.co.uk will never be held liable for the loss or damage of baggage and travel documents.
Article 11 – Help and support
1. If required by circumstances, Argentina-Holidays.co.uk is obligated to help and support the traveller if the holiday does not proceed according to the expectations that the traveller, within reason, may have on the grounds of this agreement. 2. If the holiday does not proceed according to the expectations that the traveller, within reason, may have on the grounds of this agreement due to circumstances that are neither attributable to the traveller, nor to Argentina-Holidays.co.uk, each party will endure its own losses. For Holidays-Argentina.co.uk, these may include the need to source extra manpower. For the traveller, these may include extra accommodation- and repatriation costs. 3. The traveller is obligated to observe all instructions provided by Argentina-Holidays.co.uk to ensure the smooth progress of the holiday, and will be held liable for losses caused by disruptive behaviour. This will be adjudged according to the behaviour of a cooperative traveller.
Article 12 – Complaints
1. A shortcoming observed in the execution of the agreement must be communicated to the service provider involved as soon as possible, so that it can devise a suitable solution. If the shortcoming is not eliminated and it affects the quality of the holiday, this must immediately be communicated to the local representative or, if unavailable, to Argentina-Holidays.co.uk. Communication costs will be refunded by Argentina-Holidays.co.uk, unless it emerges – within reason - that communication was unnecessary. If it later emerges that the traveller did not observe this notification obligation and Holidays-Argentina.co.uk was not given the opportunity to rectify the shortcoming, the traveller’s potential right to compensation could be limited or excluded.
2. If a complaint is not resolved in a satisfactory manner, this must be communicated to Argentina-Holidays.co.uk in writing including motivation within one month of the end of the holiday. If the complaint relates to the establishment of an agreement instead of its observance, it must be submitted to Argentina-Holidays.co.uk within one month of the traveller learning about the facts surrounding the complaint.
3. Dutch law applies to all disputes between Argentina-Holidays.co.uk and the traveller.
Argentina-Holidays.co.uk (LAS Travel, Chamber of Commerce registration number 34281624) is a registered participant of SGR. You can verify this on www.sgr.nl. Holidays listed on this website are covered by SGR’s guarantee, within the terms of the SGR guarantee scheme. Under SGR’s guarantee, consumers shall have their prepaid travel sum refunded if their counterparty is unable to fulfil its contractual obligations due to financial inability. Insofar as the agreement includes the transport and the destination has already been reached, the return trip will be arranged.