TRAVEL TERMS AND CONDITIONS LET’S GO TO GUATEMALA
Article 1 – Definitions
- Organizer: The trader who puts together the Trip and offers it – whether or not through a retailer. Also considered as Organizer is the trader who offers the Trip if it only consists of one Travel Service and the Conditions have been declared applicable to it.
- Traveler: any person who concludes or wishes to conclude an agreement with the Organizer regarding a Trip and any person who has the right to travel under the Agreement.
- Travel service: passenger transport, rental of a motor vehicle or motorcycle, accommodation or another tourist service within the definition of Article 7:500 of the Dutch Civil Code.
- Travel Service Provider: the service provider who performs part of the Trip, such as auxiliary persons (accommodation providers / carriers / external guides / etc.) of the Organizer.
- Agreement: the agreement including these Terms and Conditions whereby the Organizer undertakes to the Traveler to provide the Trip.
- In writing: in writing or electronically, including by e-mail.
- Conditions: these general conditions.
- Package travel: a package travel within the meaning of the law.
- Travel: a Package Travel or, if the Conditions have been declared applicable to this, a single Travel Service.
- Business days: Monday to Friday, with the exception of public holidays recognized in the Netherlands, within working hours (9 a.m. – 5 p.m. Dutch time).
Article 2 – Applicability of conditions
2.1 Package travel
These terms and conditions apply to all Package Holidays offered by the Organizer or agreed with the Organizer and form an inseparable part thereof.
2.2 Linked travel arrangements
These Conditions can also be declared applicable to Travel Services that are part of a linked travel arrangement. The terms and conditions of the supplier of that Travel Service apply to the Travel Services that have not been agreed with the Organizer.
2.3 Travel services
These terms and conditions can also be declared applicable to stand-alone Travel Services that do not constitute a package tour or linked travel arrangement. Title 7a of Book 7 of the Dutch Civil Code, which contains rules about package travel agreements and linked travel arrangements, does not apply in that case. These Travel Services are not protected in the event of the Organizer’s insolvency, unless the offer explicitly states which party provides cover in the event of the Organizer’s insolvency.
2.4 Deviating and additional conditions
Deviating and additional conditions must be agreed in writing. Deviating provisions in the individual agreement take precedence over these Conditions.
Article 3 – Establishment of the Agreement
3.1 Content of the offer
The offered Trip comprises the services and facilities that are explicitly described in the offers and publications of the Organizer. The content of the offer is exclusively determined on the basis of the information provided by or on behalf of the Organizer. Information in publications of Travel Service Providers is not part of the offer, regardless of whether a link to it is included in the Organizer’s offer. The stated travel time is indicated in whole days, whereby the days of departure and arrival are counted as whole days.
3.2 Non-binding offer
All quotations and offers by the Organizer are without obligation and can, after acceptance, be revoked by the Organizer in all cases until 5 p.m. on the next Business Day without stating reasons. This also applies if the Traveler has received an automatic confirmation of receipt of the booking.
3.3 Establishment of the agreement
The Agreement is established through the acceptance by the Traveler of the Organizer’s offer.
3.4 Apparent Errors
Apparent errors in the offer do not bind the Organizer. This concerns the offer of a price, the content of the service offered or other information of which the Traveler, in view of all circumstances, could not reasonably assume that the Organizer intended to explain this. If there is reason to doubt the correctness of the price or information, the Traveler must make inquiries.
3.5 Special wishes
If the Traveler makes certain preferences known before or when entering into the Agreement, rights can only be derived from this if these preferences have been accepted as a special wish by means of a written commitment from the Organizer to the Traveler that the preference will be granted. The mere mention as preference on travel documents and the booking confirmation is insufficient for this.
3.6 Special Requirements
If the Traveler notifies the Organizer as a ‘requirement’ at the latest when entering into the Agreement, requirements in connection with the medical condition or because of other compelling interests, this applies as a suspensive condition for the conclusion of the Agreement. The Organizer must reject or confirm the ‘requirement’ within a reasonable period of time and ensure that it is met. A period of 7 days is in any case seen as reasonable. If the Organizer rejects the requirement, no Agreement will be concluded. If the Organizer confirms the ‘requirement’, the Agreement will be concluded by sending confirmation. If additional costs are associated with the requirements and these are known, the Organizer will make a new offer to the Traveler.
3.7 Confirmation of receipt of the booking
If acceptance by the Traveler takes place electronically, the Organizer will confirm receipt of the acceptance sent by the Traveler.
3.8 Confirmation of the booking
Immediately after booking the trip, the Organizer will send a booking confirmation, whether or not together with a (down payment) invoice.
3.9 Cancellation by traveler
A booking of the Trip is final. The Traveler has no right to cancel the Agreement.
The Traveler who books the trip must be of legal age. If a minor (under 18 years) travels without the persons having custody of the minor, these persons must send a signed declaration of consent within 7 days of the booking. In this case, by way of derogation from paragraph 3 [Formation of the agreement] of this article, the Agreement will only be definitively established after receipt of this statement by the Organizer.
3.11 Books for other Travelers & communication
The Traveler who enters into an Agreement on behalf of or for the benefit of one or more other Travelers, is jointly and severally liable for all obligations arising from it. The other Travelers are each responsible for their own part. The confirmation, the invoice, the travel documents and all other communication will only be sent to the Traveler who makes the booking. The Traveler who books the Trip on behalf of or for the benefit of others is obliged – with the consent of that person – to disclose relevant personal circumstances of those other Travelers that may affect the performance of the Agreement when registering. The Traveler who books the Trip on behalf of or for the benefit of others is obliged to provide those other Travelers with these Conditions and other relevant communications.
Article 4 – Information by the Organizer
4.1 Travel sum
Prices stated are per person, unless explicitly stated otherwise. The offered travel sum includes all known unavoidable additional costs, unless the costs cannot be included in the travel sum or are not yet known. In that case, these costs or the nature of the costs are clearly stated and close to the travel sum. If the travel sum is age-dependent, the age on the first day of the Trip is decisive.
4.2 Information by the Organizer after booking
When concluding the Agreement or immediately thereafter, the Organizer will provide the Traveler with the Agreement, including the accepted special wishes of the Traveler and information about the required travel documents (passports, visas, etc.) and any formalities tailored to the Dutch nationality, health area and other legally required information.
4.3 Information by the Organizer before the Trip
In good time before the start of the Trip and at the latest when providing the travel documents, the Traveler will receive extensive information about the booked Trip, including information about the planned departure times, the latest check-in time, the planned stopovers and arrival and, where applicable, the name of the airline operating the air transport.
4.4 Travel documents
During the entire Trip, the Traveler must have the travel documents necessary for the Trip, such as a passport, visa, vaccination certificates, etc. In view of the great importance of this, the Traveler must provide the general information provided by the Organizer with the relevant check authorities and institutions for applicability, completeness and topicality. Before booking the trip, the Traveler must verify whether there is sufficient time to obtain the necessary travel documents in connection with the possibly long processing time of an application for travel documents and in particular any required visa. If the Traveler is unable to complete the Trip or cannot complete the Trip due to the lack of valid, complete and correct travel documents, the resulting costs will be entirely at the expense of the Traveler.
4.5 Travel documentation
The travel documents (transport tickets, vouchers, etc.) are sent to the Traveler on time and no later than 7 days before departure, unless the invoice has not yet been paid in full. If the Traveler has not received the travel documents 5 days before departure, he must immediately inform the Organizer. Final departure times and arrival times are stated in the travel documents.
4.6 Information about insurance
Before the conclusion of the Agreement, the Organizer will provide the Traveler with information about the possibility of taking out cancellation insurance and travel insurance. The Organizer may require such insurance, provided the Traveler has been notified of this in Writing before the Agreement is concluded.
Article 5 – Information by the Traveler
5.1 Relevant information from the Traveler(s)
Before or at the conclusion of the Agreement, the Traveler who makes the booking provides all information relevant to the Trip about himself and the other Travelers registered by him or her. In particular, this concerns information about the Travelers or the composition of the group if this may affect the health or safety of the Traveler or others during the Trip. If the information provided is incorrect or incomplete, this may result in the Traveler being excluded from participation by the Organizer or the Travel Service Providers. In that case, the Traveler owes the cancellation costs in accordance with Article 9 paragraph 2 [cancellation costs]. Other costs arising from this will also be borne by the Traveler.
5.2 Reduced mobility, pregnant women, unaccompanied minors and illness
Travelers with reduced mobility and their companions, pregnant women, unaccompanied minors and Travelers with an illness that may affect the Trip must do so when entering into the Agreement or at least as soon as possible after the Traveler is aware of this to the Organizer in connection with any consequences for the Trip and in particular air transport. These Travelers must verify with the carrier whether a medical certificate is required to travel.
Article 6 – Payment
6.1 Down payment
After the conclusion of the Agreement, 20% of the travel sum must be paid within 7 days after receipt of the down payment invoice, with a minimum of € 250 per Traveler. If airline tickets are included, the full amount of the airline tickets plus 20% of the travel sum of the remaining part of the Trip must be paid as a deposit.
6.2 Remaining payment
The remainder of the travel sum must be paid no later than 8 weeks before the start date of the Trip. If the Agreement is concluded within 8 weeks before the start date of the Trip, the full travel sum must be paid immediatley and in any case before the start of the Trip.
6.3 Default and interest
If the Traveler does not pay within the period stated above or on the invoice, the Traveler will be in default without further notice of default being required, and the statutory interest will be due on the outstanding amount from then on.
6.4 Collection costs
The Traveler is obliged to pay the extrajudicial collection costs if the Traveler is unsuccessfully reminded to pay within a period of fourteen days, starting the day after the reminder has been received, stating the consequences of the non-payment, including the exact collection costs. The extrajudicial collection costs amount to 15% of the amount claimed up to € 2500, 10% on the next € 2500, 5% on the next € 5000 and 1% on the excess, with a minimum of € 40.
6.5 Further consequences of non-payment
If the Traveler is in default, the Organizer can suspend the sending of the travel documents without further notice until full payment has been received. If payment is not made even after a reminder or if payment has not been made before the start of the trip, the Organizer has the right to exclude the Traveler from participation. The obligation to pay remains. Instead of excluding the Traveler from participation, the Organizer can cancel the Agreement and charge the cancellation costs owed to the Traveler. The provisions of this paragraph are without prejudice to other rights of the Organizer.
Article 7 – Substitution
7.1 Conditions and notification
A Traveler can transfer the Trip to another person who meets all the conditions attached to the Trip. The Traveler requests the Organizer to substitute the person no later than 7 days before the start of the Trip, at least with due observance of a reasonable period within which the necessary actions can be performed. A transfer is only possible insofar as the conditions of the Travel Service Provider concerned allow this. If airline tickets are part of the Trip, transfer of airline tickets is generally not possible. Transfer of the entire trip is generally only possible if – at the expense of the Traveler – a new flight ticket is booked.
7.2 Joint and several liability and additional costs
The Traveler and the person taking over the Trip are jointly and severally liable for the payment of the amount still due and for any additional fees, surcharges and other costs arising from the substitution, including change costs.
Article 8 – Changes by the Traveler
The Traveler who has booked the Trip may request the Organizer in Writing to change the Agreement. The Organizer is not obliged to do this. The Organizer will inform the Traveler of the new travel sum. If the Traveler agrees to the costs of the change, the new travel sum and change costs are due. If the new travel sum is lower than the original travel sum, the difference will be deducted from the change costs owed.
8.2 Adjustment of departure date or number of travelers
A request to change the departure date does not constitute a change, but a cancellation. Reduction in the number of paying passengers is not a change, but a partial cancellation. The cancellation scheme of article 9 paragraph 2 [cancellation costs] applies to this.
Article 9 – Cancellation by the Traveler
The Traveler can cancel the Agreement at any time before the start of the Trip. Cancellation must be done In Writing. The date on which the Written cancellation is received by the Organizer applies as the time of cancellation. In case of receipt after 17:00 or outside of Business Days, the following Business Day is considered the date of receipt.
9.2 Cancellation costs
If a flight is included in the Trip, the following amounts are owed upon cancellation by the Traveler:
- Up to and including 56 days before the day of departure: the cancellation costs of the flight + 25% of the remaining part of the travel sum;
- from 55 days to 22 days before the day of departure: the cancellation costs of the flight + 50% of the remaining part of the travel sum;
- from 21 days to 7 days before the day of departure: the cancellation costs of the flight + 75% of the remaining part of the travel sum;
- from 6 days before departure: 100% of the travel sum.
If no flight is included, the Traveler owes the following amounts:
- Up to and including 56 days before the day of departure: 25% of the travel sum;
- from 55 days up to and including 22 days before the day of departure: 50% of the travel sum;
- from 21 days up to and including 7 days before the day of departure: 75% of the travel sum;
- from 6 days before departure: 100% of the travel sum.
Article 10 – Price change
10.1 Price change
The Organizer may reserve the right in the Agreement to increase or change the travel sum with regard to Agreements already entered into up to 20 days before the day of departure as a result of price changes in the costs of fuel or other energy sources, taxes. or compensation from third parties and / or exchange rates not directly involved in the implementation of the Trip. The price revision method must be known before booking and is part of the Agreement.
10.2 Termination by Traveler
If the increase amounts to more than 8% of the travel sum, the Traveler has the right to terminate the Agreement. In that case, the Traveler is entitled to an immediate refund of the amounts paid. The Organizer will set the Traveler a reasonable period within which the Traveler must have made it known In Writing whether he will terminate the Agreement. If the Agreement is not terminated within the set term, the price increase will be deemed to have been accepted and the right to termination will lapse.
10.3 Price reduction
If the right to a price increase or price change has been stipulated, the Traveler has the right, where appropriate, to request a price reduction in accordance with the price review method. An amount of 30 euros in administration costs will be deducted from the amount that is due to the Traveler on the basis of the possible price reduction.
Article 11 – Changes by Organizer
The Organizer has the right to change the Agreement unilaterally before the start of the Trip insofar as it concerns non-radical changes. The Traveler will be informed of this in Writing and in a clear manner.
11.2 Major changes
If necessary, the Organizer can radically change the main characteristics of the Agreement before the start of the Trip. This also includes offering an alternative Journey that is of at least the same quality if reasonably possible. In that case, the Traveler can accept the change or terminate the Agreement without paying cancellation costs.
11.3 Changes to an agreed special wish
If the Organizer cannot meet an agreed special wish of the Traveler, or cannot with reasonable effort, the Organizer may change the Trip in this respect. In that case, the Traveler can accept the change or terminate the Agreement without paying cancellation costs.
In the event of major changes, the Organizer will set the Traveler a reasonable period within which the Traveler must notify the Organizer in Writing whether he will terminate the Agreement. If the Agreement is not terminated within the set period, the change will be deemed to have been accepted and the right to termination will lapse.
11.5 Price reduction
If the change results in a reduction in the quality or costs of the Trip, the Traveler is entitled to an appropriate price reduction.
In the event of major changes, the Organizer will immediately inform the Traveler of:
- the changes,
- the reasonable period within which the Traveler must notify the Organizer in Writing of his decision whether the Traveler terminates the Agreement,
- the consequence that if the Traveler does not respond in time, the change is considered accepted and the right to termination expires.
- if offered, the content of a replacement Trip or the amount of the appropriate price reduction.
11.7 Reimbursement of the paid travel sum
If the Traveler terminates the Agreement on the basis of this article, the already paid travel sum will be refunded to the Traveler immediately and no later than 14 days.
11.8 Compensation in the event of rejection of the change
If the Trip is terminated and the cause of the change must be attributed to the Organizer, the Organizer will offer the Traveler appropriate compensation. If the Trip is terminated and the cause of the change must be attributed to the Traveler, the resulting damage will be borne by the Traveler. If the Trip is terminated and the cause of the change cannot be attributed to either the Traveler or the Organizer, the parties will each bear their own damage.
Article 12 – Cancellation by the Organizer
The Organizer can cancel the Agreement before the start of the trip and reimburse the Traveler all amounts paid for the Trip without owing compensation:
a) if the number of registrations is less than the minimum number stated in the Agreement and the Traveler is informed of the cancellation within the period specified in the agreement, but no later than:
- 20 days before the start of the Trip for a Trip of 6 days or more.
- 7 days before the start of the Trip for a Trip of 2 to 6 days.
- 48 hours before the start of the Trip for a Trip of less than 2 days.
b) in the event of force majeure, which is understood to mean unavoidable and extraordinary circumstances.
12.2 Reimbursement of paid travel sum
In the above cases, the Organizer will refund amounts already received immediately and at the latest within 14 days. No reimbursement will be made for costs incurred by the Traveler for services that fall outside the Agreement such as vaccinations, visas, purchase of material, insurance and, if not included in the Trip, air travel, tickets, accommodation, etc.
12.3 Termination due to the Traveler
If the Traveler does not meet predetermined participation requirements or if incorrect or incomplete information about experience, skills, physical or mental condition or other relevant subjects is provided by or on behalf of the Traveler, the Organizer has the right to terminate the Agreement. This does not affect other rights of the Organizer.
IMPLEMENTATION OF THE TRIP
Article 13 – Responsibility
13.1 Proper performance of the Trip
The Organizer is responsible for the performance of the Travel Services to which the Agreement relates, regardless of whether these Travel Services are performed by the Organizer itself or by another Travel Service Provider.
13.2 Changes to travel schedule and travel times
The Organizer will inform the Traveler about changes to the travel schedule or travel times. If the Organizer is not informed of the place of stay, the Traveler will only be informed at the email address or mobile phone number known to the Organizer.
Article 14 – Conformity & non-conformity
The Organizer must perform the Agreement in accordance with the expectations that the Traveler could reasonably have on the basis of the publications, the Agreement and the circumstances at the travel destinations.
14.2 Traveler’s obligation to complain
The Traveler will immediately notify the Travel Service Provider and the Organizer in accordance with Article 18 [complaints] of a non-conformity that the Traveler has discovered during the performance of a Travel Service included in the Agreement.
14.3 Solution by the Organizer
The Organizer will ensure that the reported non-conformity is remedied. The non-conformity does not need to be remedied if this is impossible or if it entails disproportionate costs, taking into account the degree of non-conformity and the value of the relevant Travel Services.
14.4 Solution by the Traveler
If the non-conformity is not remedied within a reasonable period set by the Traveler, the Traveler has the option to remedy the non-conformity himself and to request reimbursement of the expenses.
14.5 Alternative journey
If a significant part of the Travel Services cannot be performed as agreed, the Organizer will offer a suitable alternative, at no additional cost to the Traveler. The Traveler is entitled to a price reduction if the alternative is of lower quality. The Traveler can only reject the alternative offered if it is not comparable or the price reduction is insufficient.
14.6 Termination by the Traveler in the event of significant consequences
If the non-conformity has significant consequences for the performance of the Trip and the Organizer has not remedied it within a reasonable period set by the Traveler, the Traveler can cancel the Agreement without payment of cancellation costs. If the Agreement also includes transport, the Organizer also provides for immediate repatriation of the Traveler with equivalent transport without additional costs upon termination by the Traveler.
14.7 Price reduction and compensation
In the event of termination pursuant to the previous paragraph [termination significant consequences] or in the event that the Agreement is not terminated and no alternatives have been agreed, the Traveler is entitled to an appropriate price reduction and appropriate compensation.
14.8 Conditions for price reduction
If the Traveler is entitled to an appropriate price reduction, this only applies for the period in which there was non-conformity. The Traveler is in no case entitled to a price reduction insofar as the non-conformity is attributable to the Traveler.
Article 15 – Help and assistance
15.1 Mandatory assistance
The Organizer will provide the Traveler with immediate help and assistance if the Traveler is in difficulty, in particular by providing good information about medical services, local authorities and consular assistance and assisting the Traveler with the use of communication at a distance and in finding alternative travel arrangements.
The Organizer will charge a reasonable fee for the help and assistance if the difficulties have arisen due to intent or negligence on the part of the Traveler.
Article 16 – Liability and exoneration
16.1 Attribution & force majeure
The Traveler is in no case entitled to compensation for damage incurred by the Traveler as a result of non-conformity, insofar as the non-conformity is due to:
- The Traveler;
- third parties who are not directly involved in the performance of the Agreement and the non-conformity could not be foreseen or prevented;
- unavoidable and extraordinary circumstances.
16.2 Liability Exclusion
Any liability of the Organizer for damage is limited to three times the travel sum, unless the damage results from the death or personal injury of the Traveler or the damage is caused by intentional or negligent action by the Organizer.
16.3 Liability exclusion under a treaty or EU regulation
If the Organizer can be held liable for any damage, including damage resulting from the death or personal injury of the Traveler, this liability will in any case be limited or excluded to the limits that are permitted. according to the relevant international treaties and / or EU regulations that relate to the individual Travel Services.
16.4 Insured damage
The Organizer is not liable for damage to the Traveler that is covered by insurance, such as healthcare, travel or cancellation insurance.
Any claim by the Traveler to compensation for damage expires two years after the Trip has taken place or if the trip was canceled two years after the planned date of commencement.
16.6 No Accumulation of Fees
If due to the same event compensation or damages are due under international treaties or EU regulations, such as the Regulation on air passenger rights in the event of denied boarding, cancellation or long delay, such compensation or damages will not accumulate with the damages or price reduction under this Agreement . The compensation or damages will be deducted from the compensation or price reduction owed by the Organizer under this Agreement. For the above it does not matter whether the compensation or damages under international treaties or EU regulations are due by the Organizer or a travel service provider engaged by it.
Article 17 – Obligations of the Traveler
17.1 Behavior and follow-up of instructions
The Traveler must behave as a reasonably acting Traveler and is obliged to follow all instructions to promote the proper execution of the Trip of the Organizer and the Travel Service Providers.
17.2 Consequences of non-compliance – exclusion from participation
In the event of non-compliance with instructions or in the event that a Traveler causes nuisance, the Organizer or the Travel Service Provider has the right to partially or completely refuse the Traveler further participation in the Trip or Travel Service. In such a case, the Traveler is not entitled to a refund of money. Further costs incurred as a result of this are at the expense and risk of the Traveler.
Before proceeding to exclusion from participation, the Traveler is first given an oral or written warning. A warning is not required if this cannot be required of the Organizer or Travel Service Provider given the circumstances of the case, taking into account the behavior of the Traveler, the expected chance of improvement of the behavior, the effect on the Trip and other Travelers, the risk of damage and the safety of Travelers and others.
17.4 Liability of the traveler
The Traveler is liable for damage caused by his behavior, non-fulfillment of the obligations in this article or damage that must otherwise be attributed to him. The Traveler indemnifies the Organizer against claims from Travel Service Providers or third parties involved in the Trip for damage caused by the Traveler or attributable to him.
17.5 Checking the time of the return journey
The Traveler must verify the exact time of departure no later than 24 hours before the planned start of the return journey.
Article 18 – Complaints
Before the start of the Trip, the Organizer will provide the contact details of the Organizer and, where appropriate, her local representative in case of emergency.
18.2 Report on site
If the Traveler believes that the Trip is being carried out non-compliant, he must report this non-conformity immediately, but in any case during the Trip, to the relevant Travel Service Provider so that he can find a solution. If the Organizer’s tour guide is on site, the complaint must also be reported to the tour guide immediately. If there is no tour guide on site, the complaint must also be clearly reported to the Organizer. This notification can be made by Whatsapp, SMS text message, by telephone or on working days (Mon-Fri) under Dutch office hours (09:00-17:00) also by e-mail. The Organizer will send the Traveler a confirmation of the report via the same medium and by e-mail.
18.3 Communication costs
The costs of the necessary communication with the Organizer will be borne by the Organizer. The Traveler must limit the costs as far as possible by, among other things, making use of internet calling, WhatsApp and e-mail.
18.4 Report an unresolved complaint after return
All complaints that, according to the Traveler, have not or not fully been remedied or compensated during the Trip, must be submitted to the Organizer in Writing and with reasons within two months after return. The Organizer is obliged to respond with reasons within one month after receipt of the complaint.
18.5 Consequences not or not timely reporting of the non-conformity or complaint
Failure to complain or not to complain in time in accordance with the second paragraph [Report on the spot] of this article may influence the amount of a possible price reduction or compensation, unless the interests of the Organizer have not been harmed by the late complaint. Complaints that are not received on time after return will not be processed, unless this is not reasonable in the circumstances of the case.
Article 19 – Other provisions
19.1 Rights of third parties
Subordinates, auxiliary persons and other third parties involved in the implementation of the Agreement can invoke the provisions of the Agreement and these Conditions (including the liability exclusions) against the Traveler.
19.2 Replacement provisions
If mandatory law prevents the validity of a provision in these Terms and Conditions or if a provision is annulled, that provision will be deemed to have been converted into a valid provision that is as close as possible to the original intention in terms of content and purport.
19.3 Governing Law
Dutch law is exclusively applicable to the offer, the Agreement and the performance of the Agreement. Without prejudice to this choice of law, a consumer is entitled to the protection that the mandatory law of the country of residence offers him if the Organizer directs the commercial activities (including advertising) regarding the agreed Trip to the country where the consumer is domiciled, unless the services are not entirely or partially performed in that country.
19.4 Competent court
The Dutch court has exclusive jurisdiction, unless this is contrary to mandatory law.