These are the general travel terms and conditions (hereinafter the “Terms”) of Origin B.V., a limited liability company incorporated under Dutch law (with registered address at Singel 542, 1017 AZ Amsterdam and registered at the Trade register of the Chamber of Commerce under no. KVK 78463629) (“Origin”, “we”, “our”, “us”).
1.1. These Terms shall apply to all offers and agreements with respect to the package travels provided by Origin to you (“you” or “traveler”). Once the trip offer is accepted by you, a package travel agreement (the “agreement” and the agreed trip, the “Trip”) is effective between Origin and you (including other travelers that participate in the Trip). Upon acceptance of the trip offer, the Trip qualifies as a “definitive booking” and cannot be revoked by the traveler.
1.2. Trip offers are valid for 14 days. Trip offers are without engagement and can be withdrawn by Origin before acceptance or after acceptance. In case of the latter, such withdrawal shall be done as quickly as possible, in any event within 24 hours (for Trips in Europe and the Mediterranean Sea countries) or within 48 hours (Trips to other destinations) after the date of acceptance, stating the reason. If you accept the offer over the weekend, the deadline for withdrawal by Origin starts at midnight on Sunday evening, unless it is followed by a generally recognized public holiday in the Netherlands, in which case the withdrawal period starts at midnight on the last public holiday.
1.3. Upon or immediately after conclusion of the agreement, you will receive a confirmation and an invoice for the deposit. Upon confirmation, you are required to check all details and notify us of any incorrect or incomplete data. If you haven’t notified us within reasonable time, the costs involved in changing it may be charged to you.
1.4. Manifest errors or mistakes in the trip offer or agreement shall not be binding on Origin. Such errors and mistakes are errors and mistakes that are or should be apparent as such at first sight from the point of view of an average traveler.
1.5. In case of any inconsistencies between the trip offer and these Terms, the trip offer shall prevail.
1.6. Notices and communications between you and us shall be made via the Origin app or via e-mail at email@example.com (if addressed to us) and to the e-mail registered by you during the booking process. Each party shall timely notify the other party of a change to the e-mail address.
2.1. Origin shall provide you with the standard information required by law and the essential elements of the Trip prior to the conclusion of the agreement.
2.2. If our offer is available online, the details stated in such offer shall form part of the agreement, unless otherwise specified in the offer.
2.3. Origin shall not be liable for general information in photos, leaflets, advertisements, websites and other information carriers, if these have been provided by third parties.
2.4. In case flights are part of the Trip, Origin will inform you on the airline providing such services. The final departure and arrival times for transport components shall be stated in the travel documents.
2.5. Although we provide you with general information on the destination, you remain responsible for obtaining additional information on passports, visa requirements etc. from the relevant (local) authorities (at the time of the booking as well as departure).
3.1. As part of the booking process, you shall provide all information regarding yourself and the other travelers for which you book a Trip (and to whom these Terms shall apply) that are or could be of relevance in the performance of the agreement. As part of such information, you shall indicate any details regarding your physical and mental condition and regarding the capacity or composition of the group of travelers you have booked a Trip for.
3.2. f you fail to comply with your obligations to provide information, it may result in Origin or someone on our behalf excluding the relevant traveler(s) from (further) participation in the Trip. In such case, all associated costs shall be charged to you.
3.3. You shall check the exact time of departure for the return journey no later than 24 hours before the stated time of departure.
3.4. You are entitled to request changes of the Trip for medical or other reasons. Origin shall use its best endeavors to facilitate such requests but is in no way obliged to do so. Any reasonable costs related to such changes shall be communicated upfront and shall be charged to you.
3.5. You shall obtain sufficient travel insurance for the Trip and shall, provide us with proof thereof, if requested.
3.6. You shall be required to comply with all instructions issued by or on behalf of Origin and you shall be liable for damage or loss caused by your actions. This is to be assessed according to the standard of the conduct of a well-behaved traveler.
3.7. If you (may) cause hindrance or nuisance to such an extent that proper performance of (part of) the agreement is or could be impeded, Origin may exclude you from the Trip, if it cannot reasonably expect from us to comply with the agreement. The costs arising from this shall be borne by you.
3.8. You shall avoid or mitigate any loss on your part as much as possible.
4.1. We have the right to change the Trip if those changes are insignificant and if we have informed you in a clear, comprehensive and prominent way and in a timely manner. You may not reject such changes.
4.2. If, before the start of the Trip, we are constrained to alter any of the main characteristics of the Trip significantly, we shall inform you in a clear, comprehensive and prominent way and ask you whether you wish to accept the proposed changes or terminate the agreement free of charge. If the changes imply a reduction in the quality or cost of the Trip, Origin shall make an appropriate offer to reduce the trip price.
4.3. For Trips starting 14 days or later after notification of the change as referred to in clause 4.2, Origin must be informed of your decision no later than 48 hours after receipt of the notification. For Trips starting within 14 days after notification, Origin must be informed of your decision without delay and in any case within 24 hours. If you fail to communicate your decision within such period, you will be deemed to have accepted the changes.
4.4. Up to twenty days before the start of the Trip, we are allowed to increase the trip price by a maximum of 8%, but only if that is due to an increase in (i) fuel costs, (ii) the cost price of other energy sources, (iii) applicable taxes, (iv) exchange rates or (v) fees for travel services included in the agreement, charged by third parties not directly involved in the execution of the agreement, including tourist taxes, landing fees and departure or arrival taxes at ports and/or airports. You are entitled to a price reduction less the administrative costs actually incurred if, for the same reasons, the costs as described in this clause decrease.
4.5. If Origin increases the price by more than 8%, you shall have the right to reject this increase and terminate the agreement free of charge. Clauses 4.2 and 4.3 shall apply in such case.
4.6. Origin shall not be entitled to change the trip price from the later of the date on which the full trip price (i) should be paid in accordance with these Terms or (ii) has actually been paid by you.
4.7. If you do not accept the changes and Origin cannot offer you an alternative trip or if you do not accept this, Origin shall refund all amounts paid by you. If you accept the alternative offer, you are entitled to an appropriate price reduction.
5.1. Before concluding the agreement, you will receive information from Origin as to when the trip price must have been paid (in full), in how many installments, whether a deposit is required and when such deposit/installments must be paid. If you have not fulfilled your financial obligations at the time specified by us, you will be in default by operation of law. Unless a payment term has been specified for a certain payment, the payment term is 30 days.
5.2. If you are in default, a payment demand will be sent by or on behalf of Origin, in which a period of 14 days will be given to fulfill your payment obligations. If you have not paid upon expiry of such period, the agreement shall be deemed to have been terminated (by you). Origin will deduct the termination fee from the amounts already paid. If the departure date is within these 14 days, you must pay the remaining part of the trip price at the latest 24 hours before the departure date.
5.3. If you have not paid on time, you shall owe the statutory interest on the amount due from the date of default. After receiving a payment demand, you shall also be required to pay the extrajudicial collection costs which amount to a maximum of 15% in the case of a trip price of up to €2,500, 10% of the next €2,500, 5% of the next €5,000 and 1% of the amount above this. We may deviate from these amounts and percentages in your favor.
5.4. In all cases where you are entitled to a refund (or price reduction) of payments already made by you, we shall do so without delay, but in any case, within 14 days after the right to a refund has arisen.
6.1. You may terminate the agreement before the start of the Trip, in which case you will be obliged to compensate Origin for the loss we suffer as a result of the termination. Unless stated otherwise in the Agreement (including the Trip offer and the applicable refund policies from the relevant service providers), the percentages agreed below (fixed loss) are based on the time of cancellation, any expected cost savings and income Origin obtains from still selling the cancelled Trip, in addition to any reservation costs due, shall apply. In case of termination:
6.2. If the Trip is composed of different elements to which different termination provisions apply, the specific provisions of the service provider of such element shall apply. At the time of booking at the latest, Origin shall communicate whether specific termination provisions apply to certain elements of the Trip.
6.3. If a traveler from a group terminates his share of the agreement for a joint stay in an accommodation, termination costs shall be due. If the size of the remaining group appears in the price table for this accommodation, Origin shall make a proposal for an amendment to the remaining traveler(s) for the same period and in the same accommodation, appropriate to the new group size. For the traveler(s) referred to above, the trip price shall change in accordance with the price table. The regular payment rules shall apply to payment of the modified trip price. If the modified offer is not possible or if the travelers do not accept it, the agreement for all travelers shall be terminated and all travelers shall be charged a termination fee.
6.4. In case of clause 6.4, the total amount of termination fees and changed trip prices shall not exceed the total trip price of the original travelers. Origin shall deduct any surplus from the new trip price.
6.5. Terminations sent on non-working days are considered to have been received by Origin on the next working day. Cancellations outside office hours but on a working day before opening hours are considered to be received by Origin on this working day. Cancellations outside office hours after working hours will be deemed to have been received by Origin on the following working day.
6.6. In the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the performance of the Trip, or which significantly affect the carriage of passengers to the destination, and the Trip has not yet started, you may terminate the agreement free of charge from 14 days before the start of the Trip, and Origin shall refund all prepaid amounts. In this case, you shall not be entitled to any other compensation.
6.7. For the purpose of this clause 6, the trip price is defined as the total trip price, excluding reservation costs and insurance premiums, which are non-refundable.
7.1. Origin shall be responsible for the performance of the Trip in accordance with the expectations that you may reasonably have based on the agreement. If a certain element cannot be performed in accordance with the agreement and you have immediately informed Origin thereof, Origin shall ensure that the agreement will be performed properly, unless it is impossible or involves such high costs that you cannot reasonably expect it from Origin to do so.
7.2. Where a significant proportion of the Trip cannot be performed, Origin shall ensure that suitable alternatives of at least equivalent quality are available free of charge. During the period that the agreement is not performed in accordance with what you may reasonably expect based on the agreement or if the alternatives offered are of lower quality, Origin shall offer an appropriate price reduction.
7.3. You are entitled to reject the proposed alternatives if they are not comparable with what has been agreed in the agreement. If the alternative offered is of lower quality, you may reject it if the price reduction offered is insufficient.
7.4. In assessing the alternative or the price reduction offered, objective criteria should be considered, such as (i) the location of the accommodation at the destination, (ii) the nature and class of the accommodation, (iii) any other facilities the accommodation offers, (iv) the composition of the group of travelers and (v) the characteristics of the traveler(s) known to and confirmed by us, including the personal circumstances reported by the traveler and accepted and recorded by us.
7.5. You may remedy lack of conformity with the agreement, and you are entitled to be reimbursed for necessary expenses incurred related thereto, if (i) you have informed us in a timely manner of such lack and we have (a) indicated that we are unable to remedy such lack of conformity or (b) not remedied the lack of conformity within a reasonable period set by you or (ii) immediate remedy is required.
7.6. In case a lack of conformity has significant consequences for the performance of the agreement and Origin has not remedied it within a reasonable period, you may terminate the agreement free of charge. In such case, you are entitled to compensation and/or a price reduction, without prejudice to your right - if transport is included in the Trip - to repatriation free of charge with an equivalent transport service.
7.7. We shall not be liable for failure of the performance of an obligation if it is attributable to you, a consequence of unavoidable and extraordinary circumstances or attributable to a third party not engaged by Origin in the performance of the travel services.
7.8. Our liability under the agreement - either by a breach of obligations under this agreement or non-contractual obligations - for loss suffered by you shall be limited to three times the trip price unless the loss is a consequence of willful misconduct or negligence by us. The limitation shall not apply to loss arising from personal injury to the traveler.
7.9. If part of the Trip is subject to a treaty or an EU Regulation, Origin may invoke an exclusion or limitation of liability granted or allowed to a service provider as such under that treaty or Regulation. In the event of cumulation of compensation or price reduction within the meaning of this clause, Origin may offset the compensation against each other.
8.1. Origin shall help if you experience difficulties during your Trip. This also applies to unavoidable and exceptional circumstances as result of which the Trip does not proceed in accordance with the expectations you could reasonably have based on the agreement. Such assistance shall consist of adequate information on medical services, local authorities, consular support, and assistance in using communication and finding alternatives. The party responsible for the circumstances giving rise to such assistance shall bear the costs thereof.
8.2. In the event that the difficulties are attributable to your intent or negligence, the costs incurred by Origin shall be charged to you. These costs shall not exceed the costs actually incurred by Origin and any third parties it has engaged.
8.3. Only in case that transport is part of the Trip and your return trip cannot be performed on the agreed date due to force majeure, you shall be entitled to a maximum of three (3) free nights in equivalent accommodation, if possible. This limitation of 3 nights shall not apply to disabled people and their companions, pregnant women, unaccompanied minors, and persons in need of specific medical assistance, provided that they have informed Origin of these special circumstances at least 48 hours before the start of the Trip.
9.1. Notwithstanding clause 7, complaints about the performance of and during the Trip should be reported immediately, so that a solution can be sought. You must report in the following sequence to (i) the (local) service provider, (ii) the tour leader or, in case of unavailability or not applicable, (iii) us.
9.2. If the failure is not resolved, and negatively affects the quality of the Trip, you must notify us immediately. In case a failure is not resolved satisfactorily at location, Origin shall ensure that there is a possibility to record a complaint.
9.3. In the event you fail to register a complaint in accordance with this clause, and as a result the service provider or we have not been given the opportunity to remedy the failure, you may lose any right to compensation (in whole or in part).
9.4. If your complaint has not been resolved satisfactorily, you shall submit it in the prescribed manner, within two months of the end of the Trip (or the service used), or after the original date of departure if the Trip has not taken place. You shall attach a copy of the (initial) complaint. If the complaint relates to the conclusion of the agreement, it must be submitted to us as quickly as possible, and in any event within two months of taking cognizance of the facts to which the complaint relates.
9.5. In event that you do not submit the complaint in a timely manner, it will not be processed, unless you cannot reasonably be blamed for this.
9.6. Origin shall respond to you no later than one month after receipt of the complaint.
10.1. Subject to the following conditions, you have the right to request us to replace you with another person:
10.2. You and the person substituting you shall be jointly and severally liable vis-à-vis us for payment of the part of the trip price still owed, the amendment fee, surcharges and other costs resulting from the substitution.
11.1. The agreement and the agreements concluded in the performance of or in connection with this agreement, and any non-contractual obligations arising thereto, are governed by, and will be interpreted in accordance with Dutch law.
11.2. All disputes related to the agreement or the agreements concluded in the performance of or in connection with the agreement will be submitted exclusively to the competent court of Amsterdam, The Netherlands.