Dutch Civil Code

Book 7 Particular agreements

Title 7.7A Travel agreement

Article 7:500 Definitions
- 1. In the present Title (Title 7.7.7A) and the provisions based on it:
a. a 'tour operator' means the person who, in the course of his business, offers in his own name pre-arranged package tours to the public or to a group of persons;
b. a 'travel agreement' means the agreement under which a tour operator engages himself towards his counterparty to provide this counterparty a pre-arranged package tour which includes an overnight stay or which covers a period of more than 24 hours and which includes as well at least two of the following services:
1°. transport;
2°. accommodation
3°. other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the offered package tour.
c. a 'traveller' means:
1°. the counterparty of the tour operator to the travel agreement;
2°. the person on whose behalf the tour has been stipulated and who has accepted this stipulation, or;
3°. the person to whom the legal relationship with the tour operator has been transferred in accordance with Article 7:506.
- 2. The persons who operate in the course of their business as an intermediary or agent of a tour operator who is not established in the Netherlands, may be regarded by their counterparties as the tour operator in the sense of the present Title (Title 7.7.7A).

Article 7:501 Information to be provided prior to the conclusion of the travel agreement
- 1. If the tour operator issues a generally available brochure or other publication, then it shall indicate the price of the tour and other information to be provided pursuant to Order in Council*).
- 2. Prior to the conclusion of the travel agreement, the tour operator provides the counterparty, in writing or in any other comprehensible and accessible form, with the information meant in paragraph 1, as far as the counterparty is not already aware of this information due to the distribution of generally available brochures or other publications
- 3. Paragraph 2 does not apply if the travel agreement is concluded less than 72 hours before the start of the tour.

*)Order in Council related to information to be provided when concluding a travel agreement

Article 1
In the generally available brochure or other publication, meant in Article 501 of Chapter 7A of Book 7 of the Civil Code, the tour operator shall provide the following information:
a. his name, address and telephone number
b. the amount or percentage of the price of the tour that has to be paid in advance and the period within which the balance has to be satisfied;
c. the relevant general information about the required travel documents and about the formalities on the field of health care necessary for the journey and the temporary residence;
d. information about the possibility of taking out a cancellation insurance;
e. the period in which the traveller must notify the tour operator that the tour does not meet his expectations.

Article 2
Insofar this is relevant, the tour operator shall mention also in the generally available brochure or other publication:
a. concerning the transport:
1°. an indication of the means, characteristics and categories of transport used;
2°. an indication of the place of departure and arrival and, as much as possible, an accurate time record thereof;
b. concerning the temporarily residence:
1°. an indication of the place or places where the traveller will stay;
2°. an indication of the accommodation, its type and characteristics and, if possibly, the category involved and, as far as it concerns accommodation located in a Member State of the European Union that has issued statutory rules for tourist classification of accommodation, an indication of the classification of the involved accommodation;
3°. the period during which the traveller will stay at this accommodation;
4°. an indication of the kind and number of the meals which are included in the travel agreement;
c. other tourist services forming a significant proportion of the tour;
d. whether a minimum number of persons is required for the package tour to take place and, if so, the deadline for informing the traveller in the event of a cancellation for the reason that there are not enough applications.

Article 7:502 Information to be provided immediately after the conclusion of the travel agreement
- 1. Immediately after the conclusion of the travel agreement, the tour operator provides the counterparty with a duplicate of the contractual provisions and standard terms and conditions of the agreement, as far as these are not enclosed in the documents which are already handed over to the counterparty.
- 2. In good time before the start of the journey, the tour operator provides the opposite party or the person to whom the legal relationship with the tour operator has been transferred in accordance with Article 7:506, in writing or in any other comprehensible and accessible form, the information to be provided pursuant to Order in Council*).

*)Order in Council related to information to be provided when concluding a travel agreement

Article 3
Before the start of the journey the tour operator shall provide the following information to the traveller:
a. the name, address and telephone number of the local representative of the tour operator or, failing that, of local agencies on whose assistance a traveller in difficulty could call and, where such agencies do not exist either, an emergency telephone number or any other information that will enable the traveller to contract the tour operator;
b. information on the optional conclusion of an insurance policy to cover the cost of assistance, including repatriation, in the event of accident or illness.

Article 4
Insofar this is relevant, the tour operator shall provide the traveller before the start of the journey as well with the following information:
a. the times and places of transport, intermediate stops and transport connections;
b. the place to be occupied by the traveller in the means of transportation, e.g. cabin or berth on ship, sleeper compartment on train;
c. a description of the way to the place or places where the traveller will stay (itinerary)
d. in the case of journeys or stays abroad by minors who are not accompanied by a traveller of age, information enabling direct contact to be established with the child or the person responsible at the child's place of stay.

Article 7:503 Termination of the travel agreement by the traveller
- 1. The traveller may terminate the travel agreement at any time with immediate effect.
- 2. If the traveller terminates the travel agreement because of an event which is attributable to him, then he has to compensate the damage which the tour operator has suffered as a result of the termination. The compensation shall not exceed the price of the tour.
- 3. If the traveller terminates the travel agreement because of an event which is not attributable to him, then he is entitled to a refund or remission of the price of the tour or, when the journey has been partially enjoyed already, of a proportional part thereof.

Article 7:504 Termination of the travel agreement by the tour operator
- 1. Without prejudice to Article 7:505, paragraph 4, the tour operator may only terminate the travel agreement for compelling reasons of which the traveller is notified immediately.
- 2. If the tour operator terminates the travel agreement because of an event which is not attributable to the traveller, he has to offer the traveller another package tour of equivalent or higher quality. Without prejudice to paragraph 3, the traveller who does not accept that offer is entitled to a refund or remission of the price of the tour or, when the journey has been partially enjoyed already, of a proportional part thereof.
- 3. Where the travel agreement has been terminated by the tour operator, he has to compensate the material loss that the traveller has suffered and an amount for loss of enjoyment of the terminated tour, unless:
a. he has terminated the travel agreement because the number of applications is less than the mimimum number required and he has notified the traveller of the termination within the period mentioned to this end in the travel agreement, or;
b. the termination is a result of circumstances beyond his control ('force majeure'), which do not include overbooking. For the purpose of the present Title (Title 7.7.7A) 'force majeur' is understood as unusual and unforeseeable circumstances which have occurred independently of the will of the person who appeals to it, the consequences of which could not be avoided in spite of all precautionary measures.

Article 7:505 Change of the content of the travel agreement by the tour operator
- 1. The tour operator may stipulate that he is allowed to change an essential point of the travel agreement for compelling reasons to be notified to the traveller immediately. The traveller has the right to reject the change which has been brought about.
- 2. In addition to paragraph 1, the tour operator may stipulate that he is allowed to change other than substantial elements of the travel agreement for compelling reasons to be notified to the traveller immediately. The traveller may only reject such a change if he is harmed by it more than insignificantly.
- 3. The tour operator may stipulate that he is allowed to increase the price of the tour up to twenty days before the start of the journey in connection with changes in the transport costs, including fuel charges, the chargeable levies or the appropriate exchange rates. When the tour operator applies this stipulation, he must indicate how the increase has been calculated. The traveller has the right to reject the price increase.
- 4. After a rejection as meant in the previous paragraphs, the tour operator may terminate the travel agreement. The traveller is entitled to a refund or remission of the price of the tour or, when the journey has been partially enjoyed already, of a proportional part thereof. Furthermore, if the tour operator terminates the travel agreement after a rejection by the traveller as meant in the paragraph 1 or 2, then Article 7:504, paragraph 3, shall apply accordingly.

Article 7:506 Substitution of the traveller
- 1. In good time before the start of the journey the traveller may transfer his legal relationship with the tour operator to a third person who will meet all conditions of the travel agreement. A period of seven days before the start of the journey is deemed to be in good time.
- 2. The transfer takes place by means of a specific agreement between the traveller and the third person, followed by a written notification of the original traveller to the tour operator that he has transferred his contractual position to a specific third person. The original traveller and the third person are both joint and several liable for the price of the tour and the costs which the tour operator has to make because of the transfer.

Article 7:507 Compliance in conformity with the travel agreement
- 1. The tour operator is obliged to perform the travel agreement in accordance with the expectations which the traveller reasonably could have obtained on the basis of the travel agreement.
- 2. If the tour does not proceed in accordance with the expectations which the traveller reasonably could have obtained on the basis of the travel agreement, then the tour operator is liable for damages, unless the failure in the performance is not attributable to him nor to the person whose assistance he uses in the performance of the agreement, because:
a. the failure in the performance of the travel agreement is attributable to the traveller;
b. an unforeseeable or unavoidable failure in the performance is attributable to a third person who is unconnected with the provision of the services contracted for; or
c. the failure in the performance of the travel agreement is due to a case of force majeure as defined in Article 7:504, paragraph 3, under point (b), or to an event which the tour operator or the person whose assistance he uses in the performance of the travel agreement, even with all due care, could not foresee or forestall.
- 3. In proportion to the circumstances, the tour operator shall be required to give prompt assistance and support to a traveller if the tour does not proceed in conformity with the expectations which the traveller reasonably could have obtained on the basis of the travel agreement. If the cause of this non-conformity is attributable to the traveller, the tour operator only has to give assistance and support insofar this reasonably can be expected of him. In that case, the costs for assistance and support are for account of the traveller. The costs for assistance and support are for account of the tour operator if the failure in the performance of the travel agreement is attributable, in the meaning of paragraph 2, to him or to a person whose assistance he uses in the performance of the travel agreement.

Article 7:508 Exclusion clauses in the event of death or physical injury
- 1. Unless paragraph 2 of the present Article is applicable, the tour operator is not able to limit or exclude his liability for damage caused by the death of or physical injury to the traveller.
- 2. Where a Convention (Treaty) applies to a service under the travel agreement , the tour operator may appeal to an exclusion or limitation of liability provided for by that Convention (Treaty) to a service provider as such.

Article 7:509 Exclusion clauses in other situations
- 1. The tour operator is not able to limit or exclude his liability for damage caused by his own actions or negligence if these actions or this negligence have set in with the intent to cause this damage or because of reckless behaviour with the knowledge that it probably would cause this damage.
- 2. As far as the tour operator himself does not provide the services agreed upon in the travel agreement, he may limit his liability for other damage than that referred to in Article 7:508 to three times the price of the tour.

Article 7:510 Compensation for immaterial loss ('pretio doloris')
A failure in the performance of the travel agreement that is attributable to the tour operator, obliges him as well to compensate other damage than material loss as far as this failure has caused a loss of enjoyment of the tour.

Article 7:511 Amount of compensation for immaterial loss
The compensation for loss of enjoyment of the tour as meant in Articles 7:504, paragraph 3, and 7:510, amounts up to once the price of the tour.

Article 7:512 Protection against financial incapability of the tour operator
- 1. The tour operator shall take the measures which are necessary to ensure that, when he is financially not or no longer capable to perform his obligations towards the traveller, either someone else takes over the performance of his obligations or the price of the tour is refunded in full or, when the journey has been partially enjoyed already, to a proportional part of that sum. If the traveller has arrived already at his destination, then the tour operator has to ensure in any event that a return journey is arranged as far as the travel agreement includes this transport.
- 2. The tour operator publishes the measures to be taken by virtue of paragraph 1 by mentioning them in the generally available brochure or other publication, meant in Article 7:501, or in an other comprehensible and accessible way.

Article 7:513 Mandatory law
It is not possible to derogate to the disadvantage of the traveller from the provisions issued by or pursuant to the present Title (Title 7.7.7A).