Article 1: Introduction
- These travel conditions apply to travel agreements in the sense of the law that Al-Momineen enters into with one or more travelers.
- These travel conditions may also be applicable to additional travel services such as accommodations, flight tickets, etc. This must be explicitly stated in the offer.
Article 2: Information from Al-Momineen
- Al-Momineen will clearly indicate before the travel agreement is concluded when the full travel amount must be paid. Al-Momineen may request a down payment and will inform the traveler of the amount in advance.
- Al-Momineen is not responsible for costs arising from the absence of travel and/or cancellation insurance. It is the sole responsibility of the traveler to arrange such insurance at all times.
- Al-Momineen is not liable for additional costs incurred during the trip that are made by the traveler themselves.
- Al-Momineen is not responsible for information from photos, brochures, advertisements, websites, or other information provided by third parties.
- If a travel offer is included in a publication from Al-Momineen, the details mentioned therein are part of the agreement unless stated otherwise.
For flights, the identity of the operating airline will be communicated to the traveler as soon as possible and no later than when the travel documents are provided. The final departure and arrival times will be specified in the travel documents.
Article 3: Information by the Traveler
- Before concluding the agreement, the traveler must provide all relevant information about themselves and any co-travelers. This includes, at a minimum, mobile phone numbers and email addresses.
- The traveler must inform Al-Momineen of any special circumstances that may be relevant to the execution of the trip, such as physical or mental conditions or the composition of the travel group.
- Failure to comply with this information obligation may result in exclusion from the trip. Any costs arising from this will be charged to the traveler.
Article 4: Confirmation/Revocation by Al-Momineen
- The agreement is concluded as soon as the traveler accepts the offer from Al-Momineen, including the terms and conditions. After the conclusion, the traveler will receive a confirmation and/or invoice.
- Al-Momineen may cancel the travel agreement if the number of participants is lower than the minimum previously announced. This will be communicated in writing.
- The offer from Al-Momineen is non-binding and can be revoked, even after acceptance, in case of errors in the travel price or other mistakes. In such a case, the traveler is entitled to a refund of any amounts already paid.
- Obvious mistakes and/or errors are not binding and will be corrected as soon as possible
Article 5: Changes by Al-Momineen
- Al-Momineen may change the travel agreement for significant reasons, provided that the traveler is immediately informed.
Changes to essential elements can be rejected by the traveler if these changes are disadvantageous. - Al-Momineen may increase the travel price up to twenty days before departure due to higher transportation costs or taxes. The calculation of this increase will be explained.
After full payment of the travel price, no further increases will be applied. - If a change in accommodations occurs due to unforeseen circumstances, Al-Momineen is responsible for arranging accommodations of the same caliber.
- In the case of substantial changes, Al-Momineen will make an equivalent alternative offer, unless this is not possible.
- If the traveler rejects changes, the agreement may be canceled with a refund of the amounts paid.
- Damage resulting from changes will be shared depending on the cause:
- If the cause lies with Al-Momineen, the costs will be borne by Al-Momineen.
- If the cause lies with the traveler, the costs will be borne by the traveler.
- If the cause cannot be attributed to either party, each party will bear its own damages.
Article 6: Documents
- Al-Momineen provides general information about passports, visas, and health formalities with the agreement.
- The traveler is responsible for obtaining additional information and obtaining the necessary travel documents in a timely manner.
- The lack of valid documents is the responsibility of the traveler, with all consequences thereof, unless Al-Momineen explicitly agreed to provide these documents.
Article 7: Assistance and Support
- The traveler is always responsible for the proper execution of the trip based on the received information. If the trip does not go as expected based on this information, Al-Momineen may, depending on the circumstances, provide assistance and support. The costs of this will only be borne by Al-Momineen when the failure in the execution of the trip can be attributed to them.
- If the cause lies with the traveler, the costs will be borne by the traveler.
- If the trip does not proceed as reasonably expected based on the agreement, due to circumstances that are not attributable to the traveler or Al-Momineen, each party will bear its own damage. For Al-Momineen, this may involve extra staff effort; for the traveler, it may result in additional accommodation costs or repatriation costs.
Article 8: Liability of Al-Momineen
- Al-Momineen will exercise the care of a good contractor in its work. However, Al-Momineen is not liable for actions or omissions by third parties involved in the execution of the travel agreement, nor for the accuracy of the information provided by these third parties.
- A failure in the execution of an obligation that can be attributed to Al-Momineen obliges them to compensate for any loss other than financial damage, as far as the failure causes a loss of travel enjoyment. The compensation is capped at the travel price.
- If a convention or EU regulation applies to a service included in the travel agreement, Al-Momineen may invoke exclusions or limitations of liability granted to a service provider by that convention or regulation.
- Al-Momineen is not liable if the traveler can claim damages through insurance they have taken out, such as travel or cancellation insurance.
Article 9: Rights of the Traveler – Substitution
- The traveler may request Al-Momineen to allow substitution by another person. The conditions for this are:
- The substitute meets all the conditions of the agreement.
- The request is made no later than 48 hours after booking, or at such a time that all necessary actions and formalities can still be carried out.
- The conditions of the involved service providers do not prevent the substitutions.
- All costs arising from this are for the traveler’s account. If the request cannot be granted, Al-Momineen will inform the traveler with reasons.
- The person who booked, the traveler, and the person replacing them are jointly liable to Al-Momineen for the remaining part of the travel price, modification costs, and any additional costs due to the substitution.
- Al-Momineen will specify in the confirmation when and how the travel documents will be made available to the traveler.
If the traveler has not received the travel documents at least 5 working days before departure, they must immediately notify Al-Momineen.
Article 10: Obligations of the Traveler
- The traveler is obliged to follow all instructions from or on behalf of Al-Momineen and is liable for any damage caused by their own actions, assessed according to the standard of a proper traveler.
- A traveler who causes hindrance or nuisance that obstructs the execution of the trip may be excluded by Al-Momineen from (further) participation in the trip, if it is reasonably impossible for Al-Momineen to continue the agreement. The costs of this are at the expense of the traveler.
- The traveler is obliged to avoid and limit damage as much as possible.
- Each traveler must verify the exact departure time for the return trip no later than 24 hours before the indicated departure time.
Article 11: Termination by the Traveler
- The traveler may terminate the travel agreement. In that case, they are required to compensate the damage that Al-Momineen suffers due to the termination. This damage amounts to a maximum of the total travel price.Al-Momineen may determine the damage based on fixed percentages of the travel price depending on the time of termination (cancellation fees).
- The traveler compensates Al-Momineen the damage, calculated as follows:
- Up to 30 days before departure: 30% of the total travel price.
- Between 29 and 15 days before departure: 50% of the total travel price.
- From 15 days before departure to the departure date: 100% of the total travel price
- If the traveler terminates the travel agreement, they are required to pay the cancellation costs unless they can demonstrate that the damage to Al-Momineen is lower. In that case, the lower damage will be charged. Damage includes loss and lost profits.
Article 12: Payment
- The traveler is automatically in default if they have not fulfilled their financial obligations by the time indicated by Al-Momineen (as stated in Article 2, Paragraph 1).
- If payment is delayed, the traveler will be reminded by or on behalf of Al-Momineen and will be given a period of 7 days to pay. If payment is still not made, the agreement will be canceled from that date. The amounts already paid will be offset against the cancellation fees.
Article 13: Collection Costs
- After a reminder, the traveler is obliged to pay the extrajudicial collection costs.
The extrajudicial costs are at most:
- 15% over a travel price up to €2500.
- 10% over the next €2500.
- 5% over the next €5000.
- 1% over the remainder.
Al-Momineen may deviate from these amounts and percentages to the benefit of the traveler.
Article 14: Complaints
During the Trip
- Complaints about the execution of the agreement must be reported as soon as possible on-site, so that a solution can be found. The traveler must report this in the following order:
- The involved service provider (e.g., the airline or hotel).
- The tour leader, if present or reachable.
- A contact person from Al-Momineen.
- If the deficiency is not resolved and affects the quality of the trip, it must be reported to Al-Momineen in the Netherlands as soon as possible (without unreasonable delay).
- If a deficiency is not satisfactorily resolved on-site, Al-Momineen will provide the possibility to register it as a complaint.
- Al-Momineen will provide information about the procedure to follow, contact details, and availability of the involved parties.
- If the traveler does not comply with their reporting obligation and Al-Momineen is unable to resolve the deficiency, their right to compensation may be (partially) forfeited.
After the Trip
6. If a complaint is not satisfactorily resolved, it must be submitted to Al-Momineen as soon as possible, but no later than one month after the end of the trip (or the service received), or after the original departure date if the trip did not take place.
