General terms & conditions

Mr. Valencia BV is a member of the VvKR

We are affiliated with the Association of Small-scale Travel Organisations (VvKR). VvKR defends the interests of small, often specialist, travel organisations. Via VvKR we combine our strengths and share our expertise to achieve the greatest possible certainty and satisfaction for both the travel organisation and the consumer. For more information, visit www.vvkr.nl

 

 

 

 

 

 

Mr. Valencia BV is a member of the GGTO

Mr. Valencia BV is affiliated with the GGTO Foundation, the Guarantee Fund for Specialised Tour Operators. This organisation guarantees  the reimbursements of prepaid travel money in the event of financial bankruptcy of the affiliated organisations. More information about the GGTO can be found at www.stichting-ggto.nl

 

GGTO_logo_Blue

 

GENERAL TRAVEL CONDITIONS

These General Terms and Conditions apply to all travel agreements that are published in our brochure, via our website or via (customised) quotes and / or other channels that Mr. Valencia BV are offered.

 

Article 1. Terms

The following terms apply in these travel conditions:

1.1. Travel organiser: Valencia BV, which, in the course of its business, offers organised tours in its own name to the public or to a group of people.

1.2. Service provider: the transporter, accommodation provider, travel organiser and / or other service providers in the field of travel, in the broadest sense of the word, who is responsible for the performance of the service.

1.3. Traveler: the other party of Mr. Valencia BV. The traveler is also understood to mean: 1. the person for whom the trip has been stipulated and who has accepted that stipulation and 2. the person to whom the legal relationship with Mr. Valencia BV has been transferred, according to point 6.2. “In the placement”.

1.4. Travel agreement: the agreement in which the travel organiser or travel agent undertakes towards his counter party to provide a trip organised by him in advance. Travel is understood to mean at least an overnight stay or another 24-hour product supplemented with at least two of the following services: transport, accommodation or another part such as an excursion or tourist service provided by Mr. Valencia BV is being arranged.

1.5. Private transport journeys: journeys where the traveler only reserves holiday accommodation and organises the transport itself.

1.6. Working days: the working days from Monday to Friday, with the exception of recognised public holidays in the Netherlands.

1.7. Office hours: from Monday to Friday from 9 a.m. to 5 p.m.

 

Article 2. Formation of the travel agreement

2.1. The agreement is concluded at the moment that the traveler accepts the offer from Mr. Valencia BV. The assignment must, in principle, be done by email and this booking will then be considered definitive. The traveler will receive a confirmation by email within two working days as proof of receipt. In that case, Mr. Valencia BV will send an invoice within 10 working days after receipt of confirmation by e-mail.

2.2. If there are no available places for the already booked trip, the traveler is immediately informed by telephone and / or by email. For this, Mr. Valencia BV try to offer a suitable alternative. If this alternative does not meet the wishes of the customer, the booking is considered void. Article 8 ‘Change or cancellation by the travel organiser’ and Article 9 ‘Liability of the travel organiser and force majeure’ do not apply to this cancellation.

2.3. The traveler is obliged to provide all necessary information to Mr. Provide Valencia BV that are necessary to conclude the agreement, such as correct name, address, place of residence, date of birth, nationality, mobile phone number and e-mail address.

2.4. The traveler is obliged to pass on relevant personal circumstances such as, for example, health complaints that may influence the implementation and / or participation in Valencia BV organised activities.

2.5. For medical reasons, deviations from or additions to the information provided by Mr. Valencia BV travel is required, here referred to as medical essences. Medical essences require the explicit written consent of Mr. Valencia BV. Any costs related to medical essentials can only be charged if the traveler and Mr. Valencia BV agree this.

2.6. The person who enters into an agreement on behalf of or for the benefit of another person (the notifier) ​​is jointly and severally liable for all obligations arising from the agreement. All traffic (either communication or payment traffic) between the traveler (s) and the travel organisation is exclusively handled by the applicant. The applicant is required to provide all necessary details of the traveler (s).

2.7. If the applicant / traveler does not provide correct details of the traveler (s) and this leads to the inability of the traveler (s) to participate in the registration by Mr. Valencia BV organised activities, the applicant / traveler is liable for all resulting costs.

2.8. Apparent errors and errors in any form of publication bind Mr. Valencia BV not. Such errors and mistakes are errors and mistakes that are or should be known as such from the perspective of the average traveler.

 

Article 3. Information, travel documents and travel documents

3.1. At the latest at the conclusion of the travel agreement Mr. Valencia BV to provide the traveler with general information regarding passports, visas and any health formalities. The traveler himself must obtain the necessary additional and detailed information from the relevant authorities and take any necessary action. He / she must also check in time before departure whether the information has not been changed. Mr. Valencia BV only provides general information in all cases.

3.2. Mr. Valencia BV sends the required travel documents no later than 5 days before the day of departure, unless this period must be exceeded for justified reasons. If a trip is booked within 10 days before the day of departure (for private transport trips: before the arrival date of the first booked stay), Mr. Valencia BV indicate when and how the travel documents are made available to the traveler.

3.3. The traveler must be in possession of all required, valid travel documents such as a valid passport and / or European identity document upon departure, in addition to any certified copy of one of those documents (which serves to blur the original document in the event of theft or loss) , any required visas, the health insurance policy number, proof of vaccinations and vaccinations, (international) driver’s license and, if necessary, a green card. The traveler is responsible for having all other documents not mentioned above that may be required.

3.4. If the traveler cannot fully or partially participate in the trip and organised activities due to a lack of the required travel documents, the resulting costs will be borne by the traveler concerned.

3.5. Mr. Valencia BV advises the traveler to take out travel and / or cancellation insurance. It is the responsibility of the traveler to travel with sufficient insurance. In the event of loss, damage or loss of luggage, travel documents and / or travel documents, Mr. Valencia BV cannot be held liable for the consequences or costs thereof.

3.6. For transport components of the journey, departure and arrival times will be stated in the travel documents. These times are final. Mr. Valencia BV can only deviate from this within reasonable limits and only if it cannot reasonably be expected to maintain these times.

3.7. In the case of air transport, the identity of the operating airline becomes the Valencia BV was announced to the traveler, if possible when booking and at the latest when providing the travel documents.

3.8. Mr. Valencia BV is not responsible for general information in photos, advertisements, websites and other information carriers that are prepared or published under the responsibility of a third party.

 

Article 4. Travel sum

4.1. The published travel sums apply per person and include the services and facilities indicated in the publication.

4.2. To the extent applicable, all published rates include VAT.

4.3. The published travel sums are based on prices – such as, for example, fuel prices and transport rates, money exchange rates, levies and taxes that at the time of publication at Mr. Valencia BV were known. Mr. Valencia BV reserves the right to change the travel amounts if these prices, rates, levies and taxes change. Changes will be published as soon as possible on the website of Mr. Valencia BV. The person who has already accepted an offered trip will be informed by Mr. Valencia BV be informed.

4.4. Contrary to the provisions of paragraph 4.3, Mr. Valencia BV, if the entire travel sum has been paid on time, does not change the travel sum from six weeks before the day of departure (for self-transport journeys: before the arrival date of the first booked stay).

4.5. The traveler may reject an increase in the travel sum as referred to in paragraph 4.3. He must – under penalty of forfeiture – make use of this right within 4 working days after receiving the notification of the increase. If the traveler rejects the travel sum increase, Mr. Valencia BV has the right to cancel the agreement. Mr. Valencia BV will have to make use of this right within 7 working days after receiving the rejection of the travel sum increase. In that case, the traveler is entitled to remission or an immediate refund of monies already paid.

 

Article 5. Payment

5.1. The (advance) payment of the travel sum is transferred to Mr. Valencia BV

5.2. When concluding the agreement with regard to a compound trip, the traveler is obliged to make a deposit of 25% of the travel sum and the associated administration costs. Conditions for group travel, customised travel and / or other travel or products outside the regular Mr. program. Valencia BV can deviate from this. These will be clearly stated to the traveler in writing with the quotation.

5.3. At the conclusion of the travel agreement with regard to individual travel components, the following down payment percentages apply in addition to the full associated administration costs:

25% for accommodation, field rental and other activities
100% for airline tickets

5.4.a. If the booking of the trip takes place before 49 days (inclusive) before the departure date of the trip in question, the remainder of the travel sum must be paid no later than 6 weeks before the departure date.

5.4.b. If the travel agreement is concluded within 49 days (exclusive) before the start date of the trip, the full travel sum must be paid within one week after the invoice date.

5.5. If the required payment is not made on time, Mr. Valencia BV will inform the traveler in writing or electronically and offer the possibility to pay for the booked activities and products within 7 days (provided that this period does not exceed the starting date of the travel agreement). If payment is still not made, the agreement will be deemed to have been canceled on the day of the first default. Mr. Valencia BV has the right to charge the cancellation costs due. See cancellation conditions under Article 6 ‘Change or cancellation by the traveler’.

5.6. Any errors in the payments made by Mr. If Valencia BV is not noticed in time, it does not relieve the traveler from the obligation to pay the travel expenses and the costs due. This also applies after the travel agreement has been implemented.

 

Article 6. Change or cancellation by the traveler

6.1. The traveler can request to change the travel agreement up to 30 days before departure. Mr. Valencia BV will consider the request and let the traveler know as soon as possible if it can meet the request. Changes are at all times in writing or by e-mail by Mr. Valencia BV confirmed. A change fee of € 35.00 per booking will be charged. If Mr. Valencia BV cannot meet the request, it will state the reasons for this. The traveler can maintain or cancel the original agreement. In the event of cancellation, see article 6 “Change or cancellation by the traveler”.

6.2. In the placement. If the traveler is unable to participate in the trip, he / she can be replaced by another person. The following conditions apply to this:

a. The replacement or new participant is obliged to accept and accept all conditions attached to the trip.

b. The request “to be put in place” can be submitted no later than 7 days before departure, or so timely that the necessary actions and formalities can still be carried out.

c. The conditions of the service providers involved in the implementation do not preclude this “substitution”.

Finally, the applicant, traveler and the person who replaces him are jointly and severally liable vis-à-vis Mr. Valencia BV for the payment of the part of the travel sum still due, the associated change costs and any additional costs resulting from the replacement. In the event that the traveler opts for “in substitution”, points 6.3, 6.4. and 6.6. does not apply.

6.3. Standard cancellation fee. Cancellation by the traveler must be confirmed in writing. Cancellations made outside office hours are considered as done on the next business day. If an agreement is canceled, the traveler will owe the following cancellation costs in addition to any reservation costs due:

a. for cancellation up to the 49th day (excl.) before departure: the down payment;

b. cancellation from the 49th day (incl.) up to the 28th day (excl.) before the day of departure: 35% of the travel sum;

c. cancellation from the 28th day (incl.) to the 21st day (excl.) before the day of departure: 45% of the travel sum;

d. cancellation from the 21st day (incl.) up to the 14th day (excl.) before the day of departure: 60% of the travel sum;

e. cancellation from the 14th day (incl.) until the 5th day (excl.) before the day of departure: 85% of the travel sum;

f. cancellation from the 5th day before the day of departure (incl.) until the day of departure or later: the full travel sum.

The traveler who cancels the trip is obliged to pay the cancellation costs.

6.4. Different cancellation costs.

Mr. Valencia BV will make this known to the traveler at the latest with the travel offer.

a. If a trip is composed of different parts, to which different cancellation provisions apply, the specific provisions applicable to each part apply.

b. For holiday homes and accommodation that are mediated through Mr. Valencia BV, different cancellation conditions may apply. These are published on the site of Mr. Valencia BV or made known at the time of booking.

c. Also, for group travel and round trips in general, the cancellation costs may deviate from the provisions in paragraph

6.5. For airline tickets that may be sold and delivered via Mr. Valencia BV the cancellation conditions of the relevant airline apply. Airline tickets that are offered at reduced rates usually mean that the tickets must be paid immediately and are “non-refundable”. There is therefore no right to a refund in the event of cancellation.

6.6. Partial cancellation

a. If a traveler from a travel group cancels his agreement for a joint stay in a hotel, apartment, holiday home or other accommodation, he will owe cancellation costs.

b. If the size of the remaining party appears in the price table for this accommodation, Mr. Valencia BV to the remaining traveler (s) a change proposal that matches the new group size for the same period and in the same accommodation.

c. If the change offer is not possible or is not accepted, the agreement will be canceled for all travelers and all travelers will be charged a cancellation fee.

d. The total amount of cancellation fees and changed travel sum will never exceed the total travel costs of the original travelers. Any surplus is deducted from the new travel sum.

 

Article 7. Obligations of the traveler

7.1. The traveler is obliged to take all necessary travel documents (see point 3 of Article 3 “Information, travel documents and travel documents”) with him on a journey.

7.2. The traveler is obliged to follow all instructions from Mr. Valencia BV and the service providers contracted by it that promote the proper execution of the trip to follow up or comply with.

7.3. The traveler is always required to behave at the travel destination in accordance with generally applicable rules of decency and standards. This also includes appropriate clothing. The traveler is liable for damage caused by unauthorised or undesirable behaviour.

7.4. The traveler who causes or could cause such a nuisance or burden that a good execution of the trip is made to a great extent or can be made more difficult by Mr. Valencia BV are excluded from the trip. All costs arising from unauthorised behaviour, nuisance or burden will be borne by the traveler.

7.5. In the event that the traveler deviates from the itinerary or departs from the guidance of the tour guide, travel agent or airline and is therefore not present at the correct times for transport, the consequences thereof will be entirely for the account of the traveler concerned. Nor can a refund be granted for parts of the trip that were not enjoyed.

7.6. The traveler is obliged to avoid or limit any problems, damage or disadvantage as much as possible, in particular by complying with his reporting obligation. See article 12 ‘Complaints’.

 

Article 8. Change or cancellation by the travel organiser

8.1. Mr. Valencia BV reserves the right to make changes to the published travel program.

8.2. Mr. Valencia BV may change the agreement on a non-material point. Local circumstances before or during the execution of the trip may mean that adjustments to the travel program are inevitable before or during the trip. An example of such a circumstance is the replacement of the intended means of transport, the guide or the accommodation with an equivalent alternative, but can also be persistent bad weather conditions which necessitate a change in the itinerary. Mr. Valencia BV will try to preserve the nature of the journey as much as possible and try to limit all undesirable consequences.

8.3. Any changes in the travel time and the travel program before or during the trip are immediately reported to the participants.

8.4. Mr.’s offer Valencia BV is without obligation and can, if necessary, be provided by Mr. Valencia BV be revoked. Revocation must be done as soon as possible. In that case, the traveler is entitled to an immediate refund of any money paid.

8.5. Mr. Valencia BV can cancel the travel agreement due to serious circumstances. Weighing circumstances are understood to be circumstances that are of such a nature that the Travel Organiser’s further commitment to the travel agreement cannot reasonably be required. A circumstance where a coverage limitation of the Calamity Fund applies and unforeseen circumstances fall under a serious circumstance.

8.6. If the number of registrations is less than the required minimum number, Mr. Valencia BV has the right to cancel the trip, without being held liable for damage of any kind. Mr. Valencia BV will offer an equivalent alternative. If the traveler does not want to make use of the offered alternative, Mr. Valencia BV will immediately refund the already paid travel sum. If this is the case, the travel organiser will inform the participants about this within 3 working days after the final booking date stated in the relevant offer.

8.7.

a. If the cause of the cancellation can be attributed to the traveler, the resulting damage will be borne by the traveler.

b. If the cause of the cancellation can be attributed to the travel organiser, it will be determined whether the resulting damage will be for the account of the travel organiser on the basis of Article 9 “Liability of the travel organiser and force majeure”.

c. In the event that the cause of the cancellation cannot be attributed to either the traveler or the travel organizer, the parties each bear their own damage.

 

Article 9. Liability of the travel organiser and force majeure

9.1. Mr. Valencia BV is liable for the implementation of the obligations arising from the travel agreement in accordance with the expectations that the traveler could reasonably have under the travel agreement. The implementation of the agreement must also be assessed on the basis of the customs, the state of the art and the limitations and habits of the travel destination.

9.2.

a.If a means of transport (air, bus, or other) forms part of the travel contract and, due to extreme weather conditions and / or government measures, does not depart according to plan or does not depart on time, the resulting consequences and costs will be borne by the traveler.

b.If the trip does not proceed in accordance with the expectations that the traveler could reasonably have on the basis of the travel agreement due to circumstances that cannot be attributed to either the traveler or the travel organiser, everyone will bear his own damage.

9.3. Force majeure.

a.Mr. Valencia BV is not liable for the consequences of unforeseeable circumstances that are independent of the will of the person who invokes it and whose consequences could not be foreseen or remedied despite all possible precautionary measures.

b. Valencia BV is not liable for the consequences of any natural disasters, terrorist attacks, acts of war, unpredictable accidents in all means of transport that may occur during the trip.

 

Article 10. Exclusion and limitations of liability of travel organiser

10.1. In the event that a service, included in the journey, is subject to a Treaty, Regulation or law granting or allowing an exclusion or limitation of liability to the service provider, the liability of Mr. Valencia BV excluded or limited accordingly.

10.2. Mr. Valencia BV assumes no liability for incidental or structural changes and / or errors in the timetables and flight schedules of carriers. If the changes and / or errors are submitted to Mr. Valencia BV are known, it will immediately inform the traveler. In that case, the traveler is not entitled to a refund of (part of) the travel sum by the travel organiser, except for claims from any travel and / or cancellation insurance policies. Furthermore, Mr. Valencia BV is not liable for damage that is the result of possible delays of the carriers contracted by it.

10.3. Mr. Valencia BV does not accept any liability if and insofar as the traveler has been able to recover his / her damage under an insurance policy, such as for example travel and / or cancellation insurance.

10.4. If Mr. Valencia BV is liable vis-à-vis the traveler for loss of travel enjoyment, the reimbursement will not exceed the travel sum once.

10.5. Mr. Valencia BV is furthermore not liable for loss, theft and / or damage to the luggage and properties of the traveler. Nor for the damages and costs that result from the health conditions of the traveler.

10.6. Mr. Valencia BV is not liable for any shortcoming in the implementation of the travel agreement if those are the consequences of the behaviour or action of a third party that may or may not be involved in the delivery of the services included in the travel.

10.7. Mr. Valencia BV or the contracted service provider is also not liable for damage suffered by the traveler in the context of the exercise of a profession or business.

10.8. Subject to the provisions of the preceding paragraphs of this article, the liability of the travel organiser for other damage is limited to no more than the travel sum.

10.9. The exclusions and / or limitations of Mr. Liability contained in this article. Valencia BV also applies to its employees, the booking office and relevant service providers, as well as their staff, unless a Treaty, Regulation or law excludes this.

 

Article 11. Guarantee scheme for travel expenses via the GGTO foundation

11.1 The GGTO foundation guarantees that you will receive back the part of your travel sum that has already been paid if the tour operator comes into financial disability. This can be before your departure but also during your stay on location. Moreover, the GGTO Foundation guarantees your return trip during your stay if, due to financial incapacity, the tour operator can no longer take care of it. The tour operator will charge the consumer a fixed amount of € 15 per booking for this guarantee (with a maximum of € 10,000.00, plus possibly € 15.00 per € 10,000.00). With this the guarantee fund is built and maintained.

 

Article 12. Complaints & disputes

12.1. If the trip does not go according to the expectations that the traveler had under the travel agreement, he / she is obliged to inform the service provider involved as soon as possible (during the trip). If the shortcoming is not resolved and the quality of the trip is compromised, this must be reported immediately – in this order – to the service provider involved, the tour management, the possible representative of Mr. Valencia BV and in the absence of this to Mr. Valencia BV directly. This will immediately strive for a suitable solution.

12.2. If the shortcoming is not adequately resolved, the traveler can submit a written complaint via a complaint report from Mr. Valencia BV. Mr. Valencia BV provides information in the travel documents about the procedure to be followed, the contact details and accessibility of those involved.

12.3. If the complaint is not satisfactorily resolved, the traveler must submit it in writing, stating reasons, in writing, stating reasons, at the latest within one month after the end of the trip (according to the contract; extensions not included) or if the trip has not continued, after the original departure date. Valencia BV.

12.4. Mr. Valencia BV will respond in writing at the latest one month after receiving the complaint.

12.5. If it turns out afterwards that the traveler did not comply with the notification obligation, as a result of which the travel organisation was not able to remedy the shortcoming, the traveler’s possible right to compensation will be limited or excluded.

12.6. Every right to claim expires one year after the end of the trip or, if the trip has not taken place, one year after the original departure date.

12.7. Dutch law applies to agreements concluded, amended or supplemented on the basis of these travel conditions, unless other law applies on the basis of mandatory rules.

 

Article 13. Intellectual property rights

13.1. Unless expressly agreed otherwise in writing, the full copyrights and all other intellectual property rights with regard to the Valencia BV provides services exclusively with Mr. Valencia BV. Parts of this website may be reproduced by you (in hard copy, electronically or in any other form) for your personal, non-commercial use. For all other cases of reproduction and / or distribution, regardless of the medium used and / or for use for commercial purposes, the written permission of Mr. Valencia BV required.

13.2. In the event that you download or otherwise reproduce any part of this website for permitted purposes, you must copy all copyright or any other intellectual property rights and other references from the source to your copy (s).