Your contract is with Apochi B.V., under registration number KVK 57893446.
The following Terms shall have the meanings set out below when used in these Booking Conditions:
|means APOCHI B.V.|
|'Holiday'||means the Holiday booked by you or any person on your behalf.|
|'Package'||a package as defined in the Package Travel and Linked Travel Arrangements 2018.|
These conditions apply to all Holidays and govern your relationship with Apochi B.V. Please read them carefully before making a booking.
1.1. When a booking is made, the ‘lead name’ on the booking guarantees that he or she has the authority to accept and does accept on behalf of all members of your party the terms of these booking conditions. After we receive your booking and all appropriate payments, if the arrangements you wish to book are available, we will issue a confirmation invoice.
1.2. A binding agreement will come into existence between us when we dispatch this invoice to the ‘lead name’. This contract is governed by Dutch Law, and the jurisdiction of the Dutch Courts.
1.3. It is important to check the details on your invoice when you get it, or if booking late at the time of booking, that all the details are exactly as you requested. In the event of any discrepancy, please contact us immediately as it may not be possible to make changes or corrections later.
1.4. Once you have made your booking, then any amendments to the booking or to your Travel Arrangements (which are subject to clause 8 below) will be subject to these Booking Conditions which will apply to that amendment immediately upon the amendment being confirmed.
1.5. These Booking Conditions apply equally to all members of your party named in the booking. Where the ‘lead name’ on the booking is booking on behalf of other persons, it is your responsibility to ensure that these Booking Conditions are brought to their attention and that they are familiar with them. We are entitled to assume that all members of your party have read these Booking Conditions. Any reference to ‘you’ or ‘your’ shall be deemed to include all named persons on the booking.
1.6. Only we, the ‘lead name’ on the booking and any other persons in your party and whose names appear on the booking shall have any rights to enforce these Booking Conditions.
1.7. The ‘lead name’ who makes and pays for the booking must be at least 18 years old.
Although Apochi B.V. make every effort to ensure the accuracy of the website information and pricing, regrettably errors can occur. You must therefore ensure you check the price and all other details of your chosen arrangements with us both at the time of booking and upon receipt of the Confirmation Invoice.
3.1. It is your responsibility to ensure that you are in possession of all necessary travel and health documents before departure and for ensuring that you meet any foreign entry requirements. A full and valid passport is required for destinations we feature (including for children) and Visas (transit, business, tourist or otherwise) may be required for some destinations and depending on the passport you hold. Requirements may change and the length of time it is likely to take to obtain the appropriate passports and visas will vary.
3.2. It is your responsibility to check and fulfil the passport, visa, health and immigration requirements applicable to your itinerary. We can only provide general information about this. You must check requirements for your own specific circumstances with the relevant Embassies and/or Consulates. Requirements do change and you must check the up to date position in good time before departure.
3.3. We do not accept any responsibility if you cannot travel, or incur any other loss because you have not complied with any passport, visa, immigration requirements or health formalities. You agree to reimburse us in relation to any fines or other losses which we incur as a result of your failure to comply with any passport, visa, immigration requirements or health formalities.
3.4. You should consult your doctor for current recommendations and information on inoculations or vaccinations before you depart relevant to the destination you will be visiting or transiting through during your trip. It is your responsibility to ensure that you are fit to travel and meet all health entry requirements, obtain recommended inoculations, vaccinations take all recommended medication and follow all medical advice before departure. For medical advice regarding all destinations you intend to visit or transit through during your trip you should consult your doctor and the Department of Health’s website in advance. We recommend that you take evidence of your up to date inoculations or vaccinations with you when travelling as it may be required for entry into a country or destination. Apochi B.V. shall not be liable if you are refused entry into any country or destination because you cannot show that you have received all required inoculations or vaccinations or because you do not satisfy the health requirements of any destination.
4.1. It is a condition of your booking with us that you and all other members of your party including all infants and children, are adequately insured on your holiday. It is your responsibility to ensure that the insurance policy you purchase is suitable, covers your requirements (including but not limited to health requirements and car hire requirements) and is adequate for your particular needs and travel arrangements. Please read and take it with you on holiday.
4.2. Please note that if you transfer your holiday, you cannot transfer the holiday insurance. The new traveller must ensure that they have their own insurance in line with these booking conditions.
4.3. We strongly advise that you take out a policy of insurance in order to cover you and your party against the cost of cancellation by you; the cost of assistance (including repatriation) in the event of accident or illness; loss of baggage and money; and other expenses, as well as ensuring you have cover for any activities you have booked, including additional cover for skiing/extreme sports/adventure travel and all other activities you have booked.
5.1. We accept payment by credit card and debit card. In order to confirm your chosen arrangements, you must pay a non-refundable deposit, which may be higher than the standard deposit to secure specific types of airline tickets, tours etc, and this will be confirmed to you at time of booking. If booking within 8 weeks of departure full payment will be required by credit card or debit card. The balance of the cost of your arrangements (including any surcharge where applicable) is due not less than 8 weeks prior to departure. If we do not receive this balance in full and on time, we reserve the right to treat your booking as cancelled by you in which case the cancellation charges set out in clause 9 will become payable and we will retain the deposit paid.
Booking through Apochi B.V. Call Centre
5.2. If you make a booking with us through our call centre rather than booking online, a non-refundable booking fee will be charged.
Credit Card Fraud Contingency
5.3. If you do not supply the correct credit or debit card billing address and/or cardholder information, your booking will not be confirmed, the issue of your tickets may be delayed and the overall cost may increase. We reserve the right to cancel your holiday if payment is declined for any reason or if you have supplied incorrect credit or debit card information. We also reserve the right to carry out random checks (including but not limited to a search of the electoral roll) in order to minimise credit or debit card fraud. As a result of this, before issuing tickets we may require you to provide us with a postal copy of proof of address, a copy of your credit or debit card and a recent statement. If we become aware of, or are notified of, any fraud or illegal activity associated with the payment for the booking, the booking will be cancelled and you will be liable for all costs and expenses arising from such cancellation, without prejudice to any action that may be taken against us.
6.1. Apochi B.V. endeavours to ensure that the most up-to-date and correct prices are shown on the website (our brochures indicate a guide price). We reserve the right to raise or lower prices at any time. Occasionally, an incorrect price may be shown, due to an error. When we become aware of any such error, we will endeavour to notify you at the time of booking (if we are then aware of the mistake) or as soon as reasonably possible upon us becoming aware of the mistake. We reserve the right to cancel the booking if you do not wish to accept the price which is actually applicable to the travel arrangements.
6.2. For Packages, changes in fees (including transportation costs, fuel costs, dues, taxes, fees such as landing taxes or embarkation/disembarkation fees at ports/airports and exchange rates) and services mean that the price of your travel arrangements (or any part of them) may change after you have booked your travel arrangements. However, there will be no change to the cost of your travel arrangements within 20 days of departure.
6.3. In relation to the price of Packages, we will absorb, and you will not be charged for any increase equivalent to up to 2% of the price of your total travel arrangements, which excludes insurance premiums and any amendment charges. You will be charged for the amount over and above that. If this means that you have to pay an increase of more than 8% of the price of your total travel arrangements (excluding insurance premiums and amendments charges), you will have the option of accepting a change to another holiday if we are able to offer one (if this is of equivalent or higher quality, you will not have to pay more but if it is of lower quality you will be refunded the difference in price), or cancelling and receiving a full refund of monies paid, except for any amendment charges and cancellation charges already incurred. We will consider at our discretion an appropriate refund of insurance premiums paid if you can show that you are unable to transfer or reuse your policy. Should you decide to cancel due to a price increase of more than 8%, you must exercise your right to do so within 14 days from the issue date printed on your invoice.
6.4. Should the price of your travel arrangements go down due to the changes mentioned in clause 7.2 above, by more than 2% of the total cost of your travel arrangements, then any refund due will be paid to you. We will deduct from this refund our administration expenses incurred. However, please note that travel arrangements are not always purchased in local currency and some apparent changes have no impact on the price of your travel arrangements due to contractual and other protections in place.
6.5. You should be aware that some Suppliers may authorise or charge your payment card at check-in as a deposit for any incidentals such as room service, telephone calls or other hotel services or for damage or incidents occurring during your stay and which are not part of your holiday package with Apochi B.V. Some Suppliers may require a cash deposit upon check-in for customers who do not have a payment card. The amount authorised or charged can vary considerably depending on the Supplier and/or the destination. It is your responsibility to ensure sufficient funds or credit are available to cover the amount required by the Supplier. Apochi B.V. is not responsible for setting the amount of any deposit required and if you have any queries you should contact the Supplier prior to departure.
7.1. If, after our confirmation invoice has been issued, you wish to change your travel arrangements in any way, we will endeavour to make these changes (subject to these Booking Conditions and any applicable charges being paid by you), but it may not always be possible. All amendments are subject to availability and eligibility to make changes and actual charges applying will be advised to you when you request the change. Any request for changes to be made must be from the ‘lead name’ on the booking. Written notification by mail or email from the ‘lead name’ on the booking must be received at our offices as soon as possible. If we agree and are able to make the changes requested, you will be asked to pay an administration fee of 50 Eur per person and any further cost we incur in making this alteration. In cases where the administration charges made by our Suppliers are higher we reserve the right to pass on such charges to you.
7.2. You can transfer your booking to another person, who satisfies all the conditions that apply to this booking, by giving us notice in writing at least 7 days before departure. Both you and the new traveller are responsible for paying all costs we incur in making the transfer, including an administrative fee of 50 Eur per person.
7.3. Name change requests cannot be guaranteed. As most airlines do not permit name changes after tickets have been issued for any reason, these charges are likely to be the full cost of the flight. If you request to change all names on a booking, this will be considered as a cancellation and new booking and full cancellation charges will apply.
7.4. We reserve the right to increase or change the administrative fees referred to above at any time.
8.1. You, or any named member of your party, may cancel your travel arrangements at any time prior to departure. Written notification by post or email from the ‘lead name’ on the booking must be received at our offices as soon as possible. Since we incur costs in cancelling your travel arrangements, you will be required to pay the applicable cancellation charges (with the exception below). For more information see below.
Please note: If the reason for your cancellation is covered under the terms of your insurance policy, you may be able to reclaim these charges from your insurance company. Your insurance premium is non-refundable by us.
8.2. You can cancel your booking without paying cancellation charges if the performance of your package, or the carriage of passengers to your destination, is significantly affected by unavoidable and extraordinary circumstances. In such circumstances, we will arrange for your booking to be terminated and for you to receive a full refund. We will observe advice provided by the Dutch Foreign & Commonwealth Office.
8.3. Our cancellation charges are a percentage of the total holiday cost together with the other factors set out in this section. The total holiday cost does not include your insurance premium. These charges are based on how many days before your departure we receive your cancellation notice and not when your correspondence was sent to us. Please note that any amendment charges are non-refundable. For insurance premiums, you should refer to your insurance provider’s cancellation policy.
Please note: If only some members of your party cancel, in addition to incurring the applicable cancellation charges, we will recalculate the holiday cost for the remaining travellers. You may have to pay extra room charges e.g. single room supplements.
8.4. After departure no refund will be made on any part-used components of your holiday (e.g. unused flights, unused car hire or as a result of early check-out). You will be charged 100% of the price of all part-used components. Any voluntary changes made by you when on holiday will incur additional charges.
8.5. All cancellation charges become payable by you immediately upon confirmation of the cancellation.
Please note: Certain arrangements may not be cancelled after they have been confirmed and any cancellation could incur a cancellation charge of up to 100% of that part of the arrangements.
9.1. We begin planning the arrangements we offer many months in advance and so we reserve the right to make changes to and correct errors in holiday details both before and after bookings have been confirmed and payment has been received. We must also reserve the right to cancel confirmed bookings at any time. For example, if the minimum number of travellers required for a particular travel arrangement is not reached we may have to cancel it.
9.2. Most changes are insignificant but occasionally, we may have to make a significant change. If we have to make a significant change or cancel, we will tell you as soon as possible. We will tell you the procedure for making your choice. Please read any notification of changes carefully and respond promptly as if you do not respond to us within the timescale given, your booking may be cancelled. We will offer you the choice of the following options:
(a) (For significant changes) accepting the changed arrangements, or
(b) Purchasing alternative arrangements from us, of a similar standard to those originally booked if available (if the chosen alternative is less expensive than your original one, we will refund the difference but if it is more expensive, we will ask you to pay the difference), or
(c) Cancelling or accepting the cancellation in which case you will receive a full and quick refund of all monies you have paid to us.
9.3. We reserve the right to cancel your booking. We will not cancel less than 12 weeks before your departure date, except for unavoidable and extraordinary circumstances, or failure by you to pay the final balance or because the minimum number required for the package to go ahead hasn’t been reached. Unavoidable and extraordinary circumstances means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
9.4. We will not pay you compensation and the above options will not be available if we make an insignificant change or cancel as a result of your failure to make full payment on time. We regret we cannot pay any expenses, costs or losses incurred by you as a result of any change or cancellation. We will not pay you compensation if we cancel because there has been any fraud or illegal activity involved in the payment of your booking on your credit or debit card.
9.5. We will not pay you compensation where we make a significant change or cancel more than 12 weeks before departure or in the event of unavoidable or extraordinary circumstances.
9.6. Very rarely, we may be forced by unavoidable or extraordinary circumstances to change or terminate your arrangements after departure. If this situation does occur, we regret we will be unable to make any refunds (unless we obtain any from our suppliers), pay you compensation or meet any costs or expenses you incur as a result.
10.1. Under EU Law, you have rights in some circumstances to refunds and/or compensation from the airline in cases of denied boarding, cancellation or delay to flights. Full details of these rights will be publicised at EU airports and will also be available from airlines. Reimbursement in such cases is the responsibility of the airline and will not automatically entitle you to a refund of your holiday price from us. Your rights to a refund and/or compensation from us are set out in clause 9. If any payments to you are due from us, any payment made to you by the airline or any other service provider will be deducted.
10.2. We are not always in a position at the time of booking to confirm the carrier(s), aircraft type and flight timings which will be used in connection with your flight. Where we are only able to inform you of the likely carrier(s) at the time of booking, we shall inform you of the identity of the actual carrier(s) or any change in the identity of the actual carrier(s) as soon as we become aware of this. The carrier(s), flight timings and types of aircraft shown online and detailed on your confirmation invoice are for guidance only and are subject to alteration and confirmation. The latest timings will be shown on your tickets which you will receive electronically before departure. You must accordingly check your e-tickets very carefully immediately on receipt to ensure you have the correct flight times. It is possible that flight times may be changed even after tickets have been dispatched — we will contact you as soon as possible if this occurs. Any change in the identity of the carrier(s), flight timings, and/or aircraft type will not entitle you to cancel or change to other arrangements without paying our normal charges.
10.3. This website is our responsibility, as your tour operator. It is not issued on behalf of, and does not commit the airlines mentioned herein or any airline whose services are used in the course of your travel arrangements.
Please note: In accordance with Air Navigation Orders, in order to qualify for infant status, a child must be under 2 years of age on the day of its return flight.
Please note the existence of a ‘community list’ (available for inspection at http://europa.eu) detailing air carriers that are subject to an operating ban with the EU Community.
11.1. When you book a Holiday with Apochi B.V. you accept responsibility for the proper conduct for yourself and your party whilst on Holiday.
Please note: For the purposes of this section reference to “you” or “your” includes any other person in your party.
11.2. If we or any other person in authority or any Supplier of any service is of the reasonable opinion that you or any member of your party is behaving in such a way as to cause or be likely to cause danger or upset to any other person or damage to property, we will be entitled to terminate the holiday of the person(s) concerned with immediate effect.
11.3. No refunds will be made and we will not pay any expenses or costs incurred as a result of the termination. You will be responsible for making full payment for any damage or loss caused by you or any member of your party during your time away. Payment must be paid direct at the time the damage or loss was caused to the service supplier concerned failing which, we reserve our right to make a claim against you as set out at 11.6.
11.4. If you are disruptive and prevented from boarding your outbound flight, we will treat your booking as cancelled by you from that moment, and you will have to pay full cancellation charges (see clause 10). If this occurs overseas then you will become responsible for your own return home and any other members of your group who cannot or will not travel without you. We will not be liable for any refund, or compensation or any costs or expenses you incur.
11.5. If you are refused carriage because of your behavior, or you are under the influence of alcohol or drugs, your airline may pass on your details and date of the refusal of carriage to other airlines for their information. This in turn may make it difficult for you to book other airline tickets. In any of these circumstances no refunds or compensation will be paid to you.
11.6. As a result of your behavior during any stage of your holiday including on an aircraft, transfer, in any accommodation, cruise or excursion; we reserve the right to make a claim against you for any damages, costs and expenses (including legal expenses) incurred as a result, including but not limited to (i) cleaning, repairing or replacing property lost, damaged or destroyed by you, (ii) compensating any passenger, crew, staff or agent affected by your actions and (iii) diverting the aircraft or cruise for the purpose of removing you. Criminal proceedings may also be instigated.
12. If you have a complaint
12.1. If you have a complaint whilst away you must immediately notify our local representative and the supplier of the service (s) and complete a report form in resort. If they are unable to resolve the problem, you should contact us straight away on the details shown in your travel documentation and we’ll do everything reasonably possible to resolve your complaint whilst you’re on holiday.
12.2. If you are still not satisfied on your return home, please call us on 020 2611 777 option 2, email us at [email protected] or write to Customer Relations Department at Apochi B.V., John Fernhouthof 16, 1087ED Amsterdam, The Netherlands within 28 days, giving your booking reference and all other relevant information.
12.3. It is unreasonable to take no action whilst on holiday, but then to write a letter of complaint upon return. If you fail to follow these procedures, your right to compensation may be affected as we will have been deprived of the opportunity to rectify the problem. Please also see clause 13 below.
13.1 If you’re in difficulty whilst on holiday and ask us to help we will provide appropriate assistance, in particular by providing information on health services, local authorities and consular assistance; and helping you to find alternative arrangements and any necessary phone calls/emails. You must pay any costs we incur, if the difficulty is your fault.
14.1. You must inform us without undue delay of any failure to perform or improper performance of the travel services included in this package. If any of the travel services included in your package are not performed in accordance with the contract, or are improperly performed, by us or the travel service suppliers, and this has affected the enjoyment of your travel arrangements, you may be entitled to an appropriate price reduction or compensation or both.
(1) In respect of Packages
We promise that your holiday arrangements will be made, performed or provided with reasonable skill and care. This means that we will accept responsibility if, for example, you suffer death or personal injury or your contracted arrangements are not provided as promised or prove deficient as a result of the failure of ourselves, our employees, agents or suppliers to use reasonable skill and care in making, performing or providing your arrangements. Further, we will be responsible for what our employees, agents and suppliers do or do not do if they were at the time acting within the course of their employment or carrying out work we had asked them to do.
(2) In respect of other arrangements
We promise to use reasonable skill and care in the performance of our contractual obligations, subject to and in accordance with these Booking Conditions. Our contractual obligations consist of using our reasonable skill and care in making your booking and arranging your accommodation/car hire/flight, as well as using our reasonable skill and care in choosing our suppliers.
(3) In respect of Packages and other arrangements
We will not be liable where any failure to perform or improper performance of the travel services is due to: you or another member of your party; or a third party unconnected with the provision of the travel services in the package and is unforeseeable or unavoidable; or unavoidable and extraordinary circumstances, which means a situation beyond our control, the consequences of which could not have been avoided even if all reasonable measures had been taken.
(4) Except as specifically set out in these conditions, we will not accept any further or different liability than the Package Travel and Linked Travel Arrangements Regulations 2018 impose. It is your responsibility to show that reasonable skill and care has not been used if you wish to make a claim against us.
(5) We limit the maximum amount we may have to pay you for any claims you may make against us. The maximum amount we will have to pay you where we are found liable for loss of and/or damage to any luggage or personal possessions (including money) is 50 Eur per person affected unless a lower limitation applies to your claim under this clause.
For all other claims which do not involve death or personal injury, the maximum amount we will have to pay you if we are found liable to you on any basis is three times the price (excluding insurance premiums and amendment charges) paid by or on behalf of the person(s) affected in total unless a lower limitation applies to your claim. This maximum amount will only be payable where everything has gone wrong and you have not received any benefit at all from your holiday.
(6) Our liability will also be limited in accordance with and/or in an identical manner to:
You can ask for copies of the travel service contractual terms, or the international conventions, from us at the details provided.
Where any claim or part of a claim (including those involving death or personal injury) concerns or is based on any travel arrangements (including the process of getting on and/or off the transport concerned) provided by any air, sea, rail or road carrier or any stay in a hotel, the maximum amount of compensation we will have to pay you will be limited. The most we will have to pay you for that claim or that part of a claim if we are found liable to you on any basis is the most the carrier or hotel keeper concerned would have to pay under any convention or regulation which applies to the travel arrangements or hotel stay in question. In any circumstances in which the carrier is liable to you by virtue of the Denied Boarding Regulation 2004, any liability we may have to you under our contract with you, arising out of the same facts, is limited to the remedies provided under the Regulation as if (for this purpose only) we were a carrier; any sums you receive from the carrier will be deducted from any amount due from ourselves.
(7) Local Excursions/Activities/Events/ Resort Credits
We will not accept responsibility for services or facilities which do not form part of our agreement or where they are not advertised in our brochure or on our website. For example any excursion you book whilst away, or any service or facility which your hotel or any other supplier agrees to provide for you. Excursions, tours, activities or other events that you may choose to book or pay for through our concierge service or whilst you are away (‘Local Events’) are not part of your package holiday provided by us and these website terms and conditions do not apply. For any Local Event your contract will be with the supplier of that Local Event and not with us. We are not responsible for the provision of the Local Event or for anything that happens during the course of its provision by the supplier. Please note that this position also includes all hazardous activities.
(8) Resort Credits
Resort credits provided or offered by hotels do not form part of your package holiday. We do not accept liability for any items or experiences including excursions, activities or events booked using resort credits.
(9) The services and facilities included in your holiday will be deemed to be provided with reasonable skill and care if they comply with any local regulations which apply, or, if there are no applicable local regulations, if they are reasonable when compared to the local standards in practice.
(10) Every occurrence of unavoidable or extraordinary circumstances will lead to the suspension of the obligations in these Booking Conditions and we shall not be liable as a result of our inability to meet such obligations in an event. If it is impossible to ensure your return as scheduled due to unavoidable or extraordinary circumstances, we will bear the cost of necessary accommodation, if possible of equivalent category, for a maximum of three nights. The limit doesn’t apply to persons with reduced mobility and any person accompanying them, pregnant women and unaccompanied minors, or persons in need of specific medical assistance, provided that you notify us of these needs at least 48 hours before the start of your holiday.
15.1. If you wish to make a special request, you must do so at the time of booking. We will pass any reasonable requests on to the relevant supplier but we cannot guarantee that requests will be met. The fact that a special request has been noted on your confirmation invoice or any other documentation or that it has been passed on to the supplier is not confirmation that the request will be met. Failure to meet any special request will not be a breach of contract on our part unless the request has been specifically confirmed.
15.2. We are happy to advise and assist you in choosing a suitable holiday. As some of the accommodation and resorts featured may lack even the simplest facilities, such as ramps for wheelchairs, lifts etc, it is important that, when booking, you advise us of any disabilities and special requirements to make sure the holiday meets your specific needs. If you have any specific dietary needs or severe allergies please contact us to discuss your personal needs. If we reasonably feel unable to properly accommodate the particular needs of the person(s) concerned, we will not confirm the booking or, if full details are not given at the time of booking, cancel when we become aware of these details. For further assistance, please call the Apochi B.V.s’ Special Assistance Department on (+31) 20 26 11778 or email [email protected] .
Registered in Amsterdam, KvK-nummer 57893446
Rechtsvorm Besloten Vennootschap
Statutaire naam Apochi B.V.
The Netherlands John Fernhouthof 16, 1087ED
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