We are DOTIC B.V., a limited company incorporated in The Netherlands trading as SPONDEO and Spondeo Travel (company number 60663251 registered at the Chamber of Commerce of Amsterdam) whose registered address is at Lord Kelvinstraat 3HS, 1098 SC Amsterdam, The Netherlands and with no trading address as we are an online travel agency (‘we’, ‘us’, ‘our’). We are specialist travel organisers and our business operates out of The Netherlands (NL). Our services are as advertised.
Application of These Terms & Conditions
These terms and conditions, together with the terms set out in the Booking Form and any further terms and conditions notified to you by us prior to your entering into a contract with us, including any terms and conditions in our brochures or on our website which are relevant to your booking and any other terms which we both otherwise agree will be binding on Spondeo Travel and you once a contract is made between us (Our Terms). A contract will exist between us once you have made your booking with us, paid your deposit (or such other fee as may be appropriate, for example where you are making a ‘late booking’) and we have issued you with our booking confirmation. Our contract with you is also subject to any air carriers’ terms and conditions of carriage which you agree will be deemed incorporated in our contract. You should read these terms and conditions carefully. You should note in particular the content of paragraph 5: ‘our liability to you’, which contains certain limitations and exclusions. If any part of Our Terms is found to be invalid or unenforceable, then the remainder of them will not be affected and will remain valid and enforceable.
The contract between us will be governed by Dutch Law (which can be found here) and any dispute will be resolved exclusively by the Dutch courts. Our Terms do not affect your statutory rights.
Most of our flights and flight-inclusive travel experiences are not financially protected by the guarantee scheme. In the unlikely event of our insolvency
We will use reasonable skill and care to provide you with the services you have bought (or a suitable alternative). In some cases, we are not able to do so for reasons of insolvency or for reasons we could not reasonably foresee or forestall,
You may ask us what personal data of yours is being held or processed, for what purpose and to whom it may be or has been disclosed. You may also withdraw your consent to receiving marketing material or other communications from us at any time by unsubscribing to our e-mails or otherwise contacting us. Please also let us know if you believe the personal data we are holding is inaccurate, out of date or incomplete. You may contact us by e- mail firstname.lastname@example.org, telephone +31 6 34 26 76 80 or post to DOTIC B.V., Spondeo Travel, Lord Kelvinstraat 3HS, 1098SC Amsterdam, The Netherlands. If you have any complaint about the way in which your personal data has been dealt with, please let us know by e-mail to email@example.com. We will investigate and respond to you as soon as we reasonably can. If you remain dissatisfied, you may complain to the Autoriteit Persoonsgegevens.
Brochure and Website Content
We take reasonable care to ensure the accuracy of the information contained in our brochures and on our website. However, content is subject to change, often due to the actions of our suppliers (e.g. airlines, hotels, activity providers, etc). We will endeavour to notify you of any change known to us and affecting your travel experience prior to issuing you with our booking confirmation and after that, as soon as we are notified by our Suppliers. We do not generally use linking or framing. We are not responsible for the content, policies and services of any sites linked to or accessible via our website.
A ‘package’ is a pre-arranged combination of at least two of the following, booked by you through us at an inclusive price, and where the combination lasts for a period of more than 24 hours or involves overnight accommodation: (a) transport; (b) accommodation; (c) other services not ancillary to transport or accommodation and a significant part of the booking. All our travel experiences are packages.
All travel experiences are subject to availability. When you make a booking with us you are making an offer to us to buy some of our advertised services. We reserve the right to refuse to accept and/or not to proceed with any booking at any time in our sole discretion. Once the contract is made between us we will use reasonable skill and care to perform our obligations to you in accordance with our Terms & Conditions.
All bookings must be made by a person aged eighteen years or over. Where your booking is for more than one person, the first-named person in your party aged eighteen years or over will be treated by us as the ‘lead name’ for your booking. The lead name will be responsible for making all payments due to us in accordance with our contract.
Completion and submission by you of our Booking Form will be treated by us as confirmation that you have read, understood and accepted all our Terms & Conditions.
It is important that you accurately complete our booking form as all documents, notices and other information relating to your travel experience will be sent to this address. It is your responsibility to ensure that the details which you supply to us are correct.
You will be notified at the time of booking of the price of your travel experience. You will be required at the time of booking to pay us a non-refundable deposit, typically 30% to 50% of the quoted travel experience price, and the full travel experience price of a booking should be made at least 60 days prior to departure. In certain circumstances (depending on the nature of the booking) we will require a non-refundable deposit in excess of the usual 30%. On occasions, our suppliers require additional amounts up to full payment in advance (for example for Christmas bookings). On these occasions we will require additional payment in advance. Unless you are making a late booking, the balance owing must be paid to us no later than 60 days before your date of departure. If we do not receive the balance by this time, then we will treat the booking as cancelled by you and you will be liable to pay our cancellation charges (see paragraph 3.2).
We accept bank transfers and credit or debit card payments using PayPal. For bank transfer made from an EU bank account, there are no bank fees. For payments from bank accounts located outside the EU, there are usually bank fees: it is your responsibility to pay all bank fees from both banks during the payment process (by selecting the corresponding option). For payment by credit or debit card using PayPal, we add 3% of the total amount to cover PayPal costs. You can also use an International Money Transfers company such as OFX to ensure the best currency exchange and minimum transfer fees. All payments need to be made in EUR to ensure the correct amount is being received by us.
If your booking is made so close to the departure date that it is necessary to issue your documents on departure or send them to you by special delivery, there will be an administration charge payable by you of €25 per booking. An administration charge also applies to any changes carried out by us at your request (see paragraph 3.1).
The prices quoted in our brochures, on our website or in our publicity and promotions are correct at the time of publication. In the event of any change in our prices to those stated we will notify you prior to accepting your booking. All our prices are quoted in EUR (€).
We guarantee the price of your travel experience stated in our booking confirmation. We may however pass on to you certain additional charges resulting from increased transportation costs (including the cost of fuel), dues, taxes, landing taxes or embarkation or disembarkation fees at ports and airports or fluctuations in the exchange rate. We will not pass on any such charges occurring within 30 days of your scheduled date of departure nor which would result in an increase of less than 2% in the total cost of your travel experience.
(b) Other travel experience arrangements
We reserve the right to pass on any charges levied on us from time to time by our suppliers in respect of any other travel experience arrangements made by us on your behalf:
• Return transportation costs including luggage allowance as confirmed
• Overseas transfers/transportation
• Accommodation, meals
• The services of a representative, concierge, tour guide or an appointed local agent, including a 24-hour emergency contact (except cruises)
• All airport departure taxes, fees and passenger charges
• Any applicable overseas port charges
• Child discounts
Our travel experience price does not normally include:
• Visa fees, overseas airport departure charges payable locally, porterage, personal expenditure, hotel extras
• Taxes or compulsory charges introduced by Governments, regulatory bodies or airlines after you have booked
• Security charges introduced or increased after you have booked relating to transportation costs
• Travel insurance
The price payable by you for your travel experience and what this price includes will be confirmed to you by us at the time of booking and set out in our booking confirmation.
(c) Group bookings and discounts
Some bookings or prices are dependent on the number of participants or occupants and if this applies to your travel experience arrangements you will be notified by us at the time of booking. We reserve the right to make further charges where numbers fall below those required to qualify for the discount offered or price otherwise appropriate. We also reserve the right to cancel such a booking in the event that numbers fall below the required number at any time up to 30 days prior to your due date of departure.
- Changes or Cancellation by You
Where you or any member of your party is prevented from travelling for any reason (including death, illness or jury service) we will transfer your booking to any other person satisfying all the requirements relating to your travel experience notified to us by you in writing a reasonable time prior to your due date of departure. However, if air ticket(s) has/ve already been issued and the flight(s) cannot be changed to another name then the full cost of new flight ticket(s) will be due for the transfer to be finalized. In exceptional circumstances, we might consider transferring your reservation to a later departure date, where additional charges may apply.
(b) Other changes
If you wish to make any other change to your booking at any time after our booking confirmation has been issued (such as single room request, etc), we will try but cannot promise to meet your request. On some occasions, if members of your group booking withdraw, there are fixed costs which mean the remaining travelling party must pay more per person. We require your authority in writing before we can make any change. In the event that any change is requested in relation to a group booking we require the authority in writing of the lead name before we can make the change.
(c) Administration fee
In each of the above circumstances, an administration charge will be payable of €30 per person where your request is received by us 60 days or more prior to your date of departure and €50 per person where the request is received less than 60 days prior to your date of departure. This charge is non-refundable. However, if an air ticket has already been issued and the flight cannot be changed to another name then the full cost of that ticket will be due.
(d) Treatment of changes by our suppliers
Many of our suppliers, particularly airlines, cruise companies and safari operators, do not permit us to change names or travel dates and impose full cancellation charges. We will pass these on to you in addition to our administration charge, where applicable.
If you wish, following the issue to you by us of our booking confirmation, to cancel your booking or any part of it relating to any person (in the case of a group booking), we will require your authority in writing or (in the case of a group booking) the authority in writing of the lead name to do so.
Our cancellation charges will apply (see the table ‘cancellation charges’ below). These are calculated with reference to the date on which we receive your authority in writing. We will not refund to you any deposits, administration charges, insurance premiums or any other fees or charges made by us and paid by you relating to your travel experience in the event of cancellation by you.
We incur costs from the time you make your booking and you agree that if you cancel your booking you will compensate us for our losses and expenses, as per the table below. Our cancellation charges increase the nearer the cancellation is made to your departure date as we may not be able to resell your travel experience without making significant price reductions, or at all.
We strongly recommend that you take out insurance cover for cancellation adequate to cover the value of your travel experience. Spondeo Travel can recommend suitable insurers. For further details please refer to paragraph 8.
3.3. Cancellation charges
Number of days left before your due date of departure when your authority in writing is received by us. Cancellation charge (expressed as a percentage of the total travel experience price)
60 days or more Deposit only
59 – 43 days 40 %
29 – 42 days 60 %
7 – 28 days 90 %
6 days or less 100 %
- If We Have to Change or Cancel Your Travel experience
We will take reasonable care to deliver the travel experience which we are contracted to provide to you. As we put in place the arrangements necessary to enable us to offer our range of travel experiences many months in advance, we may occasionally have to make changes and reserve the right to do so at any time.
Our obligation to you depends on whether the changes are considered ‘minor’ or ‘major’. A ‘major’ change is one which results in a significant alteration to the essential terms of the contract between us.
‘Major’ changes include:
• your home country departure airport (unless this is between two airports less than 2h distance from each other by car)
• the main city of destination of your travel experience
• your accommodation (except on tours/safaris) to a lower star grading
• your scheduled departure time from your home country or the duration of your travel experience by more than 12 hours (excluding delays outside of our control following check-in).
A minor change is any other change which is not a major change. We will try to tell you as soon as reasonably possible prior to your due departure date about any minor changes, although we are not obliged to do so. We are not obliged to compensate you for any ‘minor’ changes made.
If we have to make a ‘major’ change we will notify you as soon as possible and you will have one of the following options:
• to agree the changes and accept their impact (including any on price)
• to transfer to another travel experience offered by us (subject to availability) of equivalent or superior quality
• to transfer to another travel experience offered by us (subject to availability) of lower quality and receive a refund for any difference in price
• to cancel your travel experience and receive a refund of all monies paid by you to us (including all deposits and administration charges)
(c) Circumstances beyond our control
We will not pay compensation or accept any liability where any change is due to circumstances outside of our reasonable control, including (without limitation) any strikes, lock-outs or other industrial action; labour disputes; acts of God; war; riot; civil commotion; malicious damage; compliance with any law or governmental order, rule regulation or direction; impossibility of the use of any means of public or private transport or any action of any government or regulatory body; accident; break-down of plant and machinery; fire; flood or storm; other adverse weather conditions (including heavy rainfall, hail, snow, fog or frost) affecting any airport, port or any other transport link, embarkation or disembarkation point and their operation; flight delays; flight cancellations by the airlines; other matters affecting air traffic control (including failure of equipment, systems and software); siege; acts of terrorism; police or security alerts or precautionary measures taken.
- Our Liability to You
- We will take reasonable skill and care in performing our contractual obligations and if we or suppliers fail to use reasonable skill and care or are negligent and you are able to prove we have caused you loss or damage, we may, subject to these Terms & Conditions, accept responsibility for compensating you.
ii. If you feel that any part of your travel experience arrangements is not provided as promised, you must, as soon as possible, notify our appointed local representative (where one is appointed) or ourselves (where a local representative is not appointed) as soon as possible. You must provide us with details in writing at the earliest opportunity.
iii. Where, as a result of our failure to properly perform our obligations, we have failed to provide you with a significant proportion of the services which you have contracted with us to provide, if you are still on travel experience through us we will (where possible and appropriate to the circumstances), endeavour to organise suitable alternative arrangements at no extra cost to you and may pay you an amount in compensation. Where, as a result of our improper performance, we have failed to provide you with a significant proportion of the services which you have contracted with us to provide and suitable alternative arrangements are not available or are unacceptable to you for good reasons then (where appropriate) we will make arrangements for you (and where other members of your party are affected, those members of your party) to return to your place of departure at no extra cost to you. In all other cases (i.e. where we have not failed to provide you with a significant proportion of the services which you have contracted with us to provide) our obligation following your notification to us is to investigate matters and (where appropriate) make prompt efforts to find appropriate solutions.
iv. Our liability in all cases shall be limited to a maximum of 2x the total cost of your travel experience (including deposits and administration charges). We do not accept responsibility for the acts and/or omissions of any third parties with whom you may have made any bookings or arrangements direct.
v. None of the provisions of this paragraph 5(a) shall have the effect of excluding or limiting our liability in respect of any personal injury or death of you or any member of your party during your travel experience directly resulting from our own acts or omissions or the negligent acts or omissions of our employees, agents or suppliers whilst acting within our authority or instructions in the performance of our contractual obligations to you. We do not accept any responsibility for death, injury or illness caused by any act or omission whether of any third parties acting outside of our authority, instructions or control or with whom you may have made any bookings or arrangements direct or any cause which we could not reasonably prevent.
vi. We are not liable to you where our failure or the improper performance of any of our obligations to you is due to:
• any fault or failure of you or of any member of your party
• any fault or failure of any third party unconnected with us and the provision of the services for which you have contracted with us to provide which are unforeseeable or unavoidable
• circumstances beyond our or beyond our suppliers’ reasonable control (which circumstances are without limitation described in paragraph 4(c)) although we will endeavour following notification to us to provide you with our prompt assistance where our failure or improper performance results from circumstances not due to any fault or failure of you or any member of your party.
vii. In respect of travel by air, sea and rail and the provision of accommodation, our liability is additionally limited in the manner provided by the relevant International Conventions (see paragraph headed ‘application of other terms and conditions’) which you agree are incorporated into these Terms & Conditions.
viii. You should note that any acceptance of liability on our part is subject in all cases to set off or reduction of the amount of any claim made against us to take into account any amount paid to you or any member of your party at any time arising from the same cause or circumstances by any of our suppliers or pursuant to a policy of insurance.
ix. Our suppliers and our local representatives are instructed not to act as our agents in booking any alternative activities other than those approved and offered by us and which you have purchased directly from us. Any assistance they may offer at your request in relation to such activities does not imply they have acted as our agent or with our authority or approval. We are not responsible for such activities and have no liability to you in respect of any of them.
(b) Special requirements
If you have any special requirements (dietary or otherwise) you must inform us of these at the time of booking so that we can pass these onto our suppliers. We cannot guarantee that your requirements will be met, however, and we are not liable to you in the event that your wishes are not met.
- Your Responsibility
(a) It is your responsibility to ensure that you and everyone travelling with you have valid passports, appropriate visas and vaccinations. Some countries require your passport to have two blank pages for a visa stamp. As a result, if you are travelling in more than one country that requires this you will need to have more blank pages – for example, if you visit South Africa and Namibia, both of which require two free pages, and re-enter South Africa to fly home, you would need six blank pages. If you have any doubts about the number of pages required, we advise erring on the side of caution, even if this means applying for a new passport. Please ask us for clarification. Most countries do require your passport to be valid at least 6 months after your date of return in your country of residence. It is your responsibility to provide us with a valid passport number at the time of booking with us. Women 28 weeks or more into pregnancy at the time of return travel must have a doctor’s certificate confirming that they are fit to travel (note airlines normally require certification at 32 weeks). We are not liable for any costs, delays or illness resulting from your failure to meet requirements.
(b) You are responsible for ensuring that any existing medical conditions or disabilities which may require assistance are declared to us before you book your travel experience or, if newly diagnosed, before your due date of departure so that we can pass these details on to our suppliers in good time. We are not in any circumstances liable if any carrier refuses you or any member of your party as a passenger as a result of any medical condition or disability.
(c) You are responsible for your behaviour and that of your party. We and our suppliers reserve the right to refuse your booking or the right to board or the right to travel and to remove you and/or any member of your party from any transport, accommodation or any part of your travel experience if you or any member of your party is drunk or under the influence of drink or drugs; if you are or we reasonably believe that you are in unlawful possession of drugs; or are behaving violently, disruptively, dangerously or irresponsibly or in any manner whatsoever which presents a risk to others or is causing a nuisance or annoyance to others. No refund will be given, or compensation paid, and no costs or expenses for which you become liable or which are incurred by you will be made by us or be recoverable by you from us in such circumstances. You may also become the subject of police inquiry or security measures or investigation and liable in the event that any offence is committed to criminal prosecution and penalties whether in The Netherlands or in any other country having jurisdiction in respect of the alleged activity. You must fully cooperate with and follow any safety procedures and instructions given by any organisation which is running the activities which you do while on your travel experience. It is possible that such organisations will require you to sign a waiver form in respect of the activity being carried out.
(d) Despite our best endeavours to ensure your travel experience runs as smoothly as possible, problems can occur. If you do experience difficulties that cannot be dealt with at the time by the hotel, lodge or camp you are staying at, then please contact (where applicable) our local representatives. If they cannot be reached, please contact us on our 24-hour emergency number (+61 8 9468 0318). Please remember that we will be unable to help if you only mention the issue on your return from your travel experience. If you have a medical emergency, you must notify your travel insurance providers on their 24-hour emergency telephone number (which should be visible on the cover note). If you cannot make contact, please ring us and we will attempt to reach them.
(e) Many of our trips take place in destinations where local conditions vary enormously, and the people we deal with on the ground may be less time-conscious or meticulous in planning than ourselves, and while we will do our best to ensure that the travel experience goes according to plan, we ask that those who travel with us do so with a spirit of adventure, in a positive frame of mind, and in good humour.
(f) Your Baggage & Personal Effects remain your responsibility and risk at all times.
- Dealing with Complaints
If you have a problem during your travel experience, please immediately inform the relevant supplier whose service is involved (e.g. your hotelier) and our local representative (or if none, Spondeo Travel), who will endeavour to put things right. It is unreasonable and in breach of your contractual obligations to us to take no action whilst on travel experience, but then to write a letter of complaint upon return. If the problem cannot be resolved locally and you wish to complain, full details must be sent to Spondeo Travel in writing to arrive within 28 days of your return giving your booking reference and all other relevant information. Please keep your letter concise and to the point. It is strongly recommended that you communicate any complaint to the supplier of the services as well as to our representative (if applicable) without delay and complete a report form while on your travel experience. If you fail to follow this simple procedure we will have been deprived of the opportunity to investigate and rectify your complaint whilst you were on travel experience and this may affect your rights under this contract resulting in reduced or no compensation if any was merited.
- Travel Insurance
In complement to your health insurance, you must be fully insured for your travel experience and must make sure that all of the activities which you will be carrying out are covered by such insurance. This insurance must include adequate cancellation insurance to the value of your travel experience, emergency evacuation and repatriation costs in respect of all of your activities. Please note that the travel insurance provided by some credit card providers often only offers the minimum coverage and, whoever your insurer, you should always check for any exclusion of activities that you might be undertaking. In response to public concern, some insurers now offer specific insurance against cancellation, delay and abandonment due to volcanic ash disruption. This can be taken out as an add-on to some travel insurance policies or as stand-alone cover. We recommend you Allianz Global Assistance, which is the largest insurer worldwide. For EU travellers, you can ask your health insurance provider for an European Health Insurance Card to avoid having to make advance payments in certain circumstances.
• This applies to each flight taken during the Spondeo travel experience
- This does not apply to your first flight from your country of residency airport to the arrival airport or first hotel where our Spondeo Representative will meet you
- In case our Spondeo Representative is not scheduled to travel with you to go to the airport, you will be provided with an allocated time slot to meet our Spondeo Representative at the relevant airport.
- In the event of a delay you are advised to either contact our Representative directly or Spondeo Travel, as soon as possible in order to make alternative plans
• We are not responsible for passenger(s) arriving so late at the airport that they are denied check in or boarding the flightCheck-in & Baggage Drop
• Arrangements must be made directly with the relevant airline to ensure a prompt and efficient check in/bag drop once you arrive at the airport. Attention must be paid to individual airlines check-in policies and desk opening times
• Check-in will be conducted using the quickest option available based your ticket/class of travel. Wherever possible/permitted priority check-in desks will be used
• For flights where our Spondeo Representative is traveling with you, he/she will assist you with all check-in formalities, however care must be taken not intrude upon or interfere with the airline or handling agent’s procedures. The main goal is to ensure you are checked in as quickly and efficiently as possible with a waiting time that is no longer than is necessary
• We cannot be held responsible for delays or any denied access resulting from insufficient or expired documentation.
• Our Representative will remain with you throughout the security experience unless airport restrictions do not permit this. You will be guided to the most direct route/lane available thus minimising any waiting time
• We will aim to ensure that you experience fast-track/priority security where this service is available
• We cannot guarantee availability of the fast track lane at any airports, or that the queue time for the fast track lane will be less than the standard security lane. In the event of a closure/excessive queue at the priority channels our Representative will endeavour to ensure you pass through in the quickest possible time
Pre-booked Aircraft Seats
• We understand that for many clients airline seating is an important part of your travel experience organisation, so we endeavour to book seats for your flights wherever possible
• Unfortunately, there isn’t one hard and fast airline rule, so it is subject to availability once the seats open for selection. We will, of course, try to seat you and your travel companion(s) next to each other
• Please note, as we have to follow airline policies we may have to issue your flights early so may require an additional deposit from you to be able to choose your seats. Bulkhead and exit row seats may also incur additional costs, so if you have any specific seat preferences, please do let us know so we can look into this for you
• Some airlines don’t allow for seat selection until nearer the time of travel, but please do still let your sales and service consultant know as soon as possible if you have seat preferences so they can try to reserve your seats as per your preference as soon as they become available. If you have any frequent flyer memberships, please do also highlight this to your Spondeo Representative at the time of booking as some memberships can open the seat maps earlier. For smaller airlines, seat selection is only available at check-in.
Our Terms & Conditions are updated from time to time. The terms & conditions which will apply to your travel experience are those on our website at the time of booking. There may be additional terms & conditions which apply to our special offers, promotions and discounts from time to time. These will be notified to you at the time of booking should you inform us that you would like to take advantage of them.
A copy of our latest terms & conditions can be viewed on our website www.spondeotravel.com where you can print off a copy for your records. By proceeding with any booking, you confirm you have read and agreed to our Terms & Conditions. © Spondeo Travel Ltd 2018 Spondeo Travel. Spondeo Travel is a trading name of DOTIC B.V.. All rights reserved. Date of issue: 20th December 2018.