The following conditions apply to all services provided by Tropical Travel.
Article 1. Introductory provisions
1. Tropical Travel; provider of services as advertised.
2. Agreement; the agreement whereby Tropical Travel commits itself towards its counterparty to provide an in advance organized service it has offered.
3. Consumer; the counterpart of Tropical Travel (consumer or booker/subscriber).
Article 2. Formation of the Agreement
1. The agreement is achieved through the acceptance by the consumer of the offer of Tropical Travel. After acceptance, the consumer will receive a confirmation of the booking, in the form of an invoice or voucher. Due to the confirmation of the booking by Tropical Travel, the consumer is bound by this agreement.
2. The offer of Tropical Travel is without engagement and can be revoked if necessary. Revocation shall be made as soon as possible, but not later than the second working day following acceptance. Cancellation due to correction of errors in the price calculation is allowed.
3. Obvious mistakes and manifest errors do not bind Tropical Travel. Such errors and mistakes are errors and mistakes that – from the perspective of the average consumer – are, at first glance, known as such or should be.
4. Tropical Travel bears no responsibility for general information in photographs, leaflets, advertisements, websites and other information carriers, as far as these are published under the responsibility of third parties.
5. Tropical Travel has the right to terminate the agreement with immediate effect if the number of applications is less than the minimum number required.
6. The consumer shall provide Tropical Travel, at the latest at the conclusion of the agreement, with all information concerning himself and the co-consumers notified by him who may be of interest to the implementation of the agreement. These include mobile phone numbers and e-mail addresses, if available. It shall also include details of the status or composition of the group of consumers notified by him which may be of interest to the proper performance of the service by Tropical Travel.
The consumer shall provide information relating to the physical and the mental state of the consumer(s) (including the use of alcohol, drugs or medications) if this physical and/or mental condition can cause discomfort, danger or risk to the consumer or other consumers (passengers and/or crew) or possessions of third parties. The consumer is aware that the provider of the booked service may deny him the right to further participation if the information is incorrect or is not provided. Information should also be provided with regard to reduced mobility, as well as the need to guide underage and disabled consumers, pregnant women, the sick and other consumers. The consumer is aware that the provider of the booked service reserves the right to demand a medical statement with regard to certain medical conditions and, in the absence of that statement, to deny the consumer the right to (further) service. If the consumer fails in his obligation to provide information and this has the consequence that this is the case consumer(s) is (are) excluded by Tropical Travel from (further) participation in the booked services in accordance with the provisions of article 6 paragraph 2, the costs referred to in that article will be charged to him.
7. Whoever enters into an agreement on behalf of or for the benefit of another person (the subscriber) shall be jointly and severally liable for all obligations arising from the agreement.
Article 3. Cancellation by the consumer
1. If an agreement is cancelled, the consumer shall be liable for the following cancellation costs:
a. Up to 24 hours before the commencement of the booked service: no charge;
b. From 24 Hours before the start of the booked service: 100% of the total amount;
2. If part of the agreement is cancelled, cancellation charges are payable. For the remaining part of the agreement, the total amount is recalculated. This may result in an extra charge.
If the changed offer is not possible or is not accepted, the agreement is fully cancelled, and cancellation fee is payable.
Article 4. Cancellation by Tropical Travel
1.Tropical Travel has the right to terminate the agreement due to grave circumstances. Grave circumstances are circumstances that are of such nature that further bonding of Tropical Travel to the agreement cannot reasonably be required.
2. If the cause of the termination is attributable to the consumer, the resulting damage shall be borne by the consumer. If the cause of the termination is attributable to Tropical Travel, the resulting damage will be borne by Tropical Travel. If the cause of the termination is not attributable to the consumer or to Tropical Travel, the parties shall each bear their own damages.
Article 5. Change by Tropical Travel
1. Tropical Travel has the right to change the agreed service provision due to grave circumstances as specified in article 4
paragraph 1. If the modification concerns one or more substantial points the consumer can reject the change(s).
2. In the event of modification, Tropical Travel shall make the consumer an alternative offer if possible.
3. If the cause of the change can be attributed to Tropical Travel, the resulting damage from the traveller will be borne by Tropical Travel. If this is the case, shall be determined on the basis of article 7.
If the cause of the change is attributable to the consumer, the resulting damage will be borne by the consumer. If the cause of the change cannot be attributed to the consumer or to Tropical Travel, the parties shall each bear their own damage.
4. If, after the commencement of the agreed service, an important part of the service covered by the agreement cannot be granted, Tropical Travel shall ensure that appropriate alternative arrangements are made for the continuation of the service provision.
(See paragraph 2 for the cost thereof).
Article 6. Obligations of the Consumer
1. The consumer(s) is (are) obliged to comply with all the instructions of Tropical Travel to promote proper performance of the service and is (are) liable for damages caused by his/her unauthorized conduct, judging by the yardstick of the behavior of a correct consumer.
2. The consumer who causes or may cause such a nuisance or disturbance that a good
performance of a service is thereby greatly hampered or may be hampered, can be excluded from the (continuation of) the service if the provider of the service cannot reasonably be expected to fulfill the agreement.
All resulting costs shall be borne by the consumer, if and insofar as the consequences of nuisance or disturbance can be attributed to him. If and insofar as the cause of the exclusion cannot be attributed to the consumer, he shall be granted a refund of the total amount or part thereof.
3. For damage or loss to rented items (apartment/hotel/car/boat) on the spot which is due to the consumer, the consumer bears the costs.
Article 7. Liability and Force Majeure
1. Tropical Travel is obliged to implement the agreement in accordance with the expectations which the consumer may reasonably have under the agreement.
2. If the booked services do not run in accordance with the expectations referred to in paragraph 1, the consumer is obliged to inform the parties involved as soon as possible.
3. If the service provided does not run in accordance with the expectations referred to in paragraph 1, Tropical Travel shall be obliged to compensate any damage to the consumer, unless the failure to comply cannot be attributed to Tropical Travel or to the person whose assistance he makes use of in the execution of the contract, because:
a. the shortcoming in the implementation of the agreement is attributable to the consumer; or
b. the failure to implement the agreement could not be foreseen or could not be lifted and is attributable to a third party not involved in the provision of the services; or
c. the shortcoming in the implementation of the agreement is due to an event that Tropical Travel or the person whose assistance he is using in the implementation of the agreement, taking into account all possible care, could not foresee or remedy; or
d. The shortcoming in the execution of the agreement is due to force majeure as a result of the referred to in paragraph 4 of this article.
4. force majeure shall be understood to mean abnormal and unforeseeable conditions which independent of the will of the person who invokes it and whose consequences are despite all precautionary measures could not be avoided.
In any event, Tropical Travel will not be liable for damage caused by the following circumstances:
a. war, danger of war, state of siege, quarantine, riot, acts of sabotage, strike, exclusion, crime, boycott actions, scarcity of goods, disturbances in means of communication, disturbances in means of transport, delays of public means of transport.
b. social disruption due to natural disasters and serious accidents.
c. errors of third parties as well as non-fulfilment by third parties of their obligations when these third parties are not employees of Tropical Travel or are directly engaged by Tropical Travel in the performance of the agreement.
5. The liability of Tropical Travel for damages for which the usual travel and cancellation insurances offer cover is excluded. Nor is Tropical Travel liable for any damages that are excluded under the applicable written or unwritten international law.
6.Tropical Travel is never liable for loss or damage of luggage and travel documents, sickness of the consumer, influence and action of third parties not involved in the contract, the consumer act contrary to the law of BES and possession of substances prohibited, mistakes made by the airlines.
7. In the event that a service included in the booked service is governed by a treaty, regulation or law granting and acknowledging excluding or limiting the liability of service provider, the liability of Tropical Travel excluded or limited accordingly.
8. The exclusions and/or limitations of the liability of Tropical Travel, as provided for in this article, also apply to employees of Tropical Travel and relevant service providers, as well as their staff, unless a treaty, regulation or law precludes it.
Article 8. Complaints
1. A failure identified in the implementation of the agreement should be notified as soon as possible to the service provider concerned, so that it can find an appropriate solution. If the shortcoming is not resolved and detracts from the quality of the service, it must be notified without delay to the local representation or, if not reachable, at Tropical Travel.
2. If a complaint is not satisfactorily resolved, it must be submitted in writing and motivated at the latest within one month of the end of the booked service to Tropical Travel.
3. If the complaint is not satisfactorily resolved, the traveller may apply to the competent court no later than 1 year after the end of the agreed service.
4. All disputes between Tropical Travel and the consumer shall be governed by BES law.