Last updated: April 2021
US Travelers
These are the general travel terms and conditions (hereinafter the “Terms”) of Origin B.V., a limited liability company incorporated under Dutch law (with registered address at Singel 542, 1017 AZ Amsterdam and registered at the Trade register of the Chamber of Commerce under no. KVK 78463629) (“Origin”, “we”, “our”, “us”).
1. Travel Agreement and Applicability of the Terms
1.1. These Terms, together with the terms of our suppliers, shall apply to all offers and agreements with respect to the package travels provided by Origin to you (“you” or “traveler”). Before making a booking with us you must ensure that you have read and understood these Terms and Conditions (raising any questions you may have with us). Please be aware that these Terms and Conditions contain waivers of liability as well as waiver of class action and venue selection and notice clauses. Once the trip offer is accepted by you, a package travel agreement (the “agreement” and the agreed trip, the “Trip”) is effective between Origin and you (including other travelers that participate in the Trip). Upon acceptance of the trip offer, the Trip qualifies as a “definitive booking” and cannot be revoked by the traveler. If you are making a booking as a group, the leader of the group is responsible for sharing these Terms and Conditions with all members of the group and is financially responsible for the booking. We will not be liable for a group leader’s failure to share these Terms with all travelers in their group.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these Terms and Conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct.
1.2. Trip offers are valid for 14 days. Trip offers are without engagement and can be withdrawn by Origin before acceptance or after acceptance. In case of the latter, such withdrawal shall be done as quickly as possible, in any event within 24 hours (for Trips in Europe and the Mediterranean Sea countries) or within 48 hours (Trips to other destinations) after the date of acceptance. If you accept the offer over the weekend, the deadline for withdrawal by Origin starts at midnight on Sunday evening, unless it is followed by a generally recognized public holiday in the Netherlands, in which case the withdrawal period starts at midnight on the last public holiday.
1.3. Upon or immediately after conclusion of the agreement, you will receive a confirmation and an invoice for the deposit. Upon confirmation, you are required to check all details and notify us of any incorrect or incomplete data. If you haven’t notified us within reasonable time, the costs involved in changing it may be charged to you.
1.4. Manifest errors or mistakes in the trip offer or agreement, including price, shall not be binding on Origin. Such errors and mistakes are errors and mistakes that are or should be apparent as such at first sight from the point of view of an average traveler.
1.5. In case of any inconsistencies between the trip offer and these Terms, these Terms shall prevail.
1.6. Notices and communications between you and us shall be made via the Origin app or via e-mail at trip@origin.me (if addressed to us) and to the e-mail registered by you during the booking process. Each party shall timely notify the other party of a change to the e-mail address.
2. Trip Information
2.1. Origin shall provide you with the standard information required by law and the essential elements of the Trip prior to the conclusion of the agreement.
2.2. If our offer is available online, the details stated in such offer shall form part of the agreement, unless otherwise specified in the offer. We reserve the right to make changes to and correct errors in advertised prices at any time before your travel is confirmed. We will advise you of any errors of which we are aware and of the then applicable price at the time of booking.
2.3. Origin shall not be liable for general information in photos, leaflets, advertisements, websites and other information carriers, if these have been provided by third parties.
2.4. In case flights are part of the Trip, Origin will inform you on the airline providing such services. The final departure and arrival times for transport components shall be stated in the travel documents. Your contract for flights is at all times with the airline providing such service and subject to its terms and conditions.
2.5. Although we provide you with general information on the destination, you remain responsible for obtaining additional information on passports, visa requirements, inoculations and vaccinations, etc. from the relevant (local) authorities (at the time of the booking as well as departure).
Travel to certain destinations may involve greater risk than others. Origin urges Travelers to remain informed on a daily basis as to current news, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov, and http://www.cdc.gov. In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country, including COVID- 19 requirements, as well as understanding local laws that govern travel within a country, such as medical tests, vaccinations, and tracking. It is your responsibility to be aware of any and all requirements for admittance to a country or state, including Covid-19 requirements. Should you choose to travel to a country that has been issued a travel warning or advisory, Origin will not be liable for damages or losses that result from travel to such destinations.
It is the responsibility of each traveler to obtain and carry a valid passport, visa(s), inoculations, and all other documents required by applicable government regulations. For up to date requirements, US citizens should visit https://www.travel.state.gov. When traveling domestically within the USA or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight, found here: https://www.tsa.gov/traveler-information/acceptable-ids. Origin strongly recommends that you take into account that certain countries will not admit a passenger if their passport expires within six (6) months of the date of entry. Non-USA citizens may require additional documentation. Children and infants also require all such travel documents. Minors traveling with one parent, and/or without both parents, may be stopped and not admitted, unless authenticated and verified consent forms are provided to the authorities.
Recommended inoculations and vaccinations for travel may change and you should consult your practitioner for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations and vaccinations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov. You are also required to ensure you meet all COVID requirements of all of the Suppliers of your trip. Failure to meet such requirements will not be cause for a refund.
You acknowledge any failure to strictly comply with these requirements may result in denied boarding or an undue delay at an airport security checkpoint causing traveler to miss flight(s), and subsequent scheduled travel bookings tours. Origin bears no responsibility for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.
3. Traveler’s (Information) Obligations
3.1. As part of the booking process, you shall provide all information regarding yourself and the other travelers for which you book a Trip (and to whom these Terms shall apply) that are or could be of relevance in the performance of the agreement. As part of such information, you shall indicate any details regarding your physical and mental condition and regarding the capacity or composition of the group of travelers you have booked a Trip for.
3.2. If you fail to comply with your obligations to provide information, it may result in Origin or someone on our behalf excluding the relevant traveler(s) from (further) participation in the Trip. In such case, all associated costs shall be charged to you.
3.3. You shall check the exact time of departure for the return journey no later than 24 hours before the stated time of departure.
3.4. You are entitled to request changes of the Trip for medical or other reasons. Origin shall use its best endeavors to facilitate such requests but is in no way obliged to do so. Any reasonable costs related to such changes shall be communicated upfront and shall be charged to you.
3.5. You shall obtain sufficient travel insurance for the Trip and shall, provide us with proof thereof, if requested. Such plan should cover Trip Cancellation or Interruption, Medical Expense, Emergency Evacuation/Repatriation, and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss. Travel Protection Plans including cancel for any reason coverage must be purchased in close conjunction with your travel purchase. We also strongly recommend additional cancel for any reason coverage where available.
We are not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. We cannot evaluate the adequacy of the prospective insured's existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available.
3.6. You shall be required to comply with all instructions issued by or on behalf of Origin and you shall be liable for damage or loss caused by your actions. This is to be assessed according to the standard of the conduct of a well-behaved traveler.
3.7. If you (may) cause hindrance or nuisance to such an extent that proper performance of (part of) the agreement is or could be impeded, Origin may exclude you from the Trip, if it cannot reasonably expect from us to comply with the agreement. The costs arising from this shall be borne by you.
3.8. You shall avoid or mitigate any loss on your part as much as possible.
4. Changes or Cancellation by Origin
4.1. We reserve the right to cancel or reschedule any departure for any reason. If we cancel, except in the case of a force majeure event, we will offer alternate arrangements. We may at our sole discretion offer travel vouchers or refunds in accordance with the cancellation schedule above. Guest is responsible for any additional costs for air tickets or other travel arrangements not made by us.
If between planning time and/or during actual travel, circumstances require changes, Origin and its suppliers, reserve the right to cancel or vary any itinerary and substitute components of any tour, including but not limited to hotels and accommodations of comparable quality, if air schedule or surface transportation charges, security matters, and/or other events make such alterations necessary. Suppliers may substitute transportation equipment depending on any variety of factors, including the volume of passengers on the tour. Sightseeing Tours may be altered. Origin cannot be held responsible for any closures, necessary itinerary changes, or curtails for any reason. These changes will not be considered material changes and will not be consider cause for cancellation by the traveler. Normal cancellation penalties still apply to the tour that has been changed.
5. Payment
5.1. Before concluding the agreement, you will receive information from Origin as to when the trip price must have been paid (in full), in how many installments, whether a deposit is required and when such deposit/installments must be paid. If you have not fulfilled your financial obligations at the time specified by us, you will be in default by operation of law. Unless a payment term has been specified for a certain payment, the payment term is 30 days.
5.2. If you are in default, a payment demand will be sent by or on behalf of Origin, in which a period of 14 days will be given to fulfill your payment obligations. If you have not paid upon expiry of such period, the agreement shall be deemed to have been terminated (by you). Origin will deduct the termination fee from the amounts already paid. If the departure date is within these 14 days, you must pay the remaining part of the trip price at the latest 24 hours before the departure date.
5.3. If you have not paid on time, you shall owe the statutory interest on the amount due from the date of default. After receiving a payment demand, you shall also be required to pay the extrajudicial collection costs which amount to a maximum of 15% in the case of a trip price of up to €2,500, 10% of the next €2,500, 5% of the next €5,000 and 1% of the amount above this. We may deviate from these amounts and percentages in your favor.
5.4. In all cases where you are entitled to a refund (or price reduction) of payments already made by you, we shall do so without delay, but in any case, within 14 days after the right to a refund has arisen.
5.5 While we do accept major credit cards including Visa, Mastercard, American Express and Discover, travelers must provide to us a click or signed authorization for every transaction for your trip. Your authorization is an agreement for us to charge your card and an acknowledgement and agreement to these terms and conditions including the cancellation terms. As such you agree not to make any improper chargebacks.
In certain cases, you have the ability to dispute charges with credit card companies ("chargebacks"). Before initiating a chargeback, we ask you first to call us to discuss any questions or concerns about our charges. We will work with you in attempting to resolve your concerns. By using our service to make a reservation, you accept and agree to our cancellation policy. Origin retains the right to dispute any chargeback that is improper and recover any costs, including attorney’s fees related to improper chargebacks. Additionally, in the event of an improper chargeback, we retain the right to cancel any travel reservation related to that improper chargeback. The following chargeback scenarios are improper, and we retain the right to investigate and rebut any such chargeback claims:
• Chargebacks resulting from non-cancellable reservations, whether or not the reservation is used.
• Chargebacks resulting from charges authorized by family, friends, associates or other third parties with direct access to your credit card. This does not include credit card fraud.
• Chargebacks arising from inconsistency or inaccuracy with regard to the supplier’s product description.
• Chargebacks resulting from force majeure or other circumstances that are beyond the control of Origin or the Supplier.
• Chargebacks resulting because you do not agree with the cancellation policy.
6. Termination by Traveler
6.1. You may terminate the agreement before the start of the Trip, in which case you will be obliged to compensate Origin for the loss we suffer as a result of the termination. Unless stated otherwise in the Agreement (including the Trip offer and the applicable refund policies from the relevant service providers), the percentages agreed below (fixed loss) are based on the time of cancellation, any expected cost savings and income Origin obtains from still selling the cancelled Trip, in addition to any reservation costs due, shall apply In case of termination:
a. up to 3 calendar months before the day of departure: 15% of the full trip price;
b. between 3 calendar months and the 30th day (exclusive) before the day of departure: 50% of the full trip price;
c. from the 30th calendar day (inclusive) the full trip price.
6.2. If the Trip is composed of different elements to which different supplier termination provisions apply, the specific provisions of the service provider of such element shall apply. At the time of booking at the latest, Origin shall communicate whether specific termination provisions apply to certain elements of the Trip. Suppliers may choose to provide a travel voucher or credit in lieu of refund. We are not responsible for a supplier’s failure to pay a refund or for supplier bankruptcy or insolvency.
6.3. If a traveler from a group terminates his share of the agreement for a joint stay in an accommodation, termination costs shall be due. If the size of the remaining group appears in the price table for this accommodation, Origin shall make a proposal for an amendment to the remaining traveler(s) for the same period and in the same accommodation, appropriate to the new group size. For the traveler(s) referred to above, the trip price shall change in accordance with the price table. The regular payment rules shall apply to payment of the modified trip price. If the modified offer is not possible or if the travelers do not accept it, the agreement for all travelers shall be terminated and all travelers shall be charged a termination fee.
6.4. In case of clause 6.4, the total amount of termination fees and changed trip prices shall not exceed the total trip price of the original travelers. Origin shall deduct any surplus from the new trip price.
6.5. Terminations sent on non-working days are considered to have been received by Origin on the next working day. Cancellations outside office hours but on a working day before opening hours are considered to be received by Origin on this working day. Cancellations outside office hours after working hours will be deemed to have been received by Origin on the following working day.
6.6. Origin assumes no liability for, any loss, damage, delay, or cancellation resulting in whole or in part from an Act of God or any other force majeure condition, including, without limitation: fire, volcanic eruption, hurricane, environmental pollution or contamination, inclement weather, earthquake, low or high water levels, flood, water or power shortages or failures, tropical storms or hurricanes, riots or civil commissions or disturbances, and any other acts of a similar nature, sabotage, arrests, strikes or labor disruptions, restraint of rulers or peoples, expropriations, acts of terrorism, war, insurrection, quarantine restrictions, government health advisories, epidemics, pandemics, or warnings or alerts of any kind of nature, government seizures, refusal or cancellation or suspension or delay of any government authority or any license, permit or authorization, damages to its facilities or the travel supplier and its facilities, or any other unforeseen circumstances or any other factors unforeseen by Origin that impacts negatively on, or hampers, its ability to fulfill any of its contractual conditions. In the circumstances amounting to force majeure, we will not be required to refund any money to you, although if we can recover any monies from our suppliers, we will refund these to you without any charge by Origin.
6.7. For the purpose of this clause 6, the trip price is defined as the total trip price, excluding reservation costs and insurance premiums, which are non-refundable.
7. Origin’s Liability
7.1. Origin, and its employees, shareholders, agents, and representatives use third party suppliers to arrange tours, transportation, sightseeing, lodging, and all other services related to this tour. Origin is an independent contractor and is not an employee, agent, or representative of any of these suppliers. Origin does not own, manage, operate, supervise, or control any transportation, vehicle, airplane, hotel or restaurants, or any other entity that supplies services related to your tour. All suppliers are independent contractors, and are not agents or employees or representatives of Origin. All tickets, receipts, coupons, and vouchers are issued subject to the terms and conditions specified by each supplier, and by accepting the coupons, vouchers, and tickets, or utilizing the services, all travelers agree that neither Origin, nor its employees, agents, or representatives are or may be liable for any loss, injury, or damage to any tour traveler or their belongings, or otherwise, in connection with any service supplied or not supplied resulting directly or indirectly from any occurrence beyond the control of Origin. Origin assumes no responsibility or liability for any delay, change in schedule, loss, injury or damage or loss of any traveler that may result from any act or omission on the part of others; Origin assumes no responsibility or liability for personal property; and Origin shall be relieved of any obligations under these terms and conditions in the event of any strike, labor dispute, act of God, or of government, fire, war, whether declared or not, terrorism, insurrection, riot, theft, pilferage, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation. Origin accepts no responsibility for lost or stolen items. Origin reserves the right to refuse any traveler or potential traveler at its sole discretion.
7.2. Traveler is aware that travel such area as traveler is undertaking on the trip may involve inherent risks, some in remote areas of the world. Inherent risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, criminal or terrorist acts, government actions, consumption of alcoholic beverages, tainted food, or non-potable water; exposure to the elements, including heat, cold, sun, water, and wind; your own negligence and/or the negligence of others, including tour guides, other travelers, Origin and its employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; accidents or illness occurring in remote places where there are no available medical services; fatigue, chill, overheating, and/or dizziness,; known or unknown medical conditions, physical excursion for which you are not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; accident or illness without access to means of rapid evacuation or availability of medical supplies or services; and the adequacy of medical attention once provided.
Traveler understands the description of these risks, is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, traveler is willing to accept the risks and uncertainty involved as being an integral part of travel, including the risk of infection, illness and death. Traveler hereby accepts and assumes full responsibility for any and all risks and agrees to and shall hold harmless and fully release Origin from any and all claims associated with the trip, including any claims of third party negligence and/or the negligence of Origin and traveler hereby covenant not to sue Origin for any such claims or join any lawsuit or action that is suing Origin. This agreement also binds your heirs, legal representatives and assigns. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
7.3 By booking a tour at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death even if such injuries or losses occur in a manner that is not foreseeable at the time you book your tour. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, which cannot be controlled or eliminated by Origin
You acknowledge that due to the uncertainty of travel at this time, your tour may be postponed or cancelled, or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund. You may also be required to quarantine upon arrival in some locations. Some locations and suppliers may require you to have a vaccination or proof of negative testing. You are responsible for understanding these requirements and must not rely on Origin to provide these details. You understand that you may become sick before, during, or after the tour and may not be able to travel and such cancellation or interruption will be subject to our cancellation terms below, for which we will not be liable.
You agree that due to uncertainty caused by COVID 19, Origin has strongly encouraged the purchase of travel protection coverage including cancel for any reason coverage if and when available, and that should you fail to purchase travel protection coverage, Origin shall not be liable to any losses howsoever arising.
You, for yourself, and any minors traveling with you, and on behalf of your and their heirs, assigns, personal representatives and next of kin (The Releasors), HEREBY RELEASE, AND HOLD HARMLESS Origin B.V., its members, officers, agents, and/or employees, suppliers, and other tour members (RELEASEES), of from and against any and all claims, damages, demands, losses, and liability arising out of or related in any way, in whole or in part to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law. The terms of this HOLD HARMLESS AND RELEASE OF ALL LIABILITY paragraph, shall survive any termination or cancellation of this Contract, whether by operation of law or otherwise.
7.3. Our liability under the agreement - either by a breach of obligations under this agreement or non-contractual obligations - for loss suffered by you shall be limited to the trip price.
8. Assistance
8.1. Origin shall help if you experience difficulties during your Trip. This also applies to unavoidable and exceptional circumstances as result of which the Trip does not proceed in accordance with the expectations you could reasonably have based on the agreement. Such assistance shall consist of adequate information on medical services, local authorities, consular support, and assistance in using communication and finding alternatives. The party responsible for the circumstances giving rise to such assistance shall bear the costs thereof.
8.2. In the event that the difficulties are attributable to your intent or negligence, the costs incurred by Origin shall be charged to you. These costs shall not exceed the costs actually incurred by Origin and any third parties it has engaged.
8.3. Only in case that transport is part of the Trip and your return trip cannot be performed on the agreed date due to force majeure, you shall be entitled to a maximum of three (3) free nights in equivalent accommodation, if possible. This limitation of 3 nights shall not apply to disabled people and their companions, pregnant women, unaccompanied minors, and persons in need of specific medical assistance, provided that they have informed Origin of these special circumstances at least 48 hours before the start of the Trip.
9. Complaints
9.1. Complaints about the performance of and during the Trip should be reported immediately, so that a solution can be sought. You must report in the following sequence to (i) the (local) service provider, (ii) the tour leader or, in case of unavailability or not applicable, (iii) us.
9.2. If the failure is not resolved, and negatively affects the quality of the Trip, you must notify us immediately. In case a failure is not resolved satisfactorily at location, Origin shall ensure that there is a possibility to record a complaint.
9.3. In the event you fail to register a complaint in accordance with this clause, and as a result the service provider or we have not been given the opportunity to remedy the failure, you may lose any right to compensation (in whole or in part).
9.4. If your complaint has not been resolved satisfactorily, you shall submit it in the prescribed manner, within two months of the end of the Trip (or the service used), or after the original date of departure if the Trip has not taken place. You shall attach a copy of the (initial) complaint. If the complaint relates to the conclusion of the agreement, it must be submitted to us as quickly as possible, and in any event within two months of taking cognizance of the facts to which the complaint relates.
9.5. In event that you do not submit the complaint in a timely manner, it will not be processed, unless you cannot reasonably be blamed for this.
9.6. Origin shall respond to you no later than one month after receipt of the complaint.
10. Substitution of Traveler
10.1. Subject to the following conditions, you have the right to request us to replace you with another person:
a. The other person complies with the agreement (including these Terms); and
b. You shall submit the request no later than 7 calendar days before departure or in a timely manner such that Origin can still carry out the necessary actions and formalities; and
c. The terms and conditions of the service providers involved in the performance of the agreement do not preclude such substitution.
10.2. You and the person substituting you shall be jointly and severally liable vis-à-vis us for payment of the part of the trip price still owed, the amendment fee, surcharges and other costs resulting from the substitution.
11. Governing Law and Jurisdiction
11.1. The agreement and the agreements concluded in the performance of or in connection with this agreement, and any non-contractual obligations arising thereto, are governed by, and will be interpreted in accordance with United States law.
11.2. All disputes related to the agreement or the agreements concluded in the performance of or in connection with the agreement will be submitted exclusively to the competent court of Amsterdam, The Netherlands.
11.3 You agree that you will only bring claims against Origin in your individual capacity and not as a plaintiff or class member in any purported class action or representative proceeding. Origin shall not in any case be liable for other than compensatory damages, and your payment of a deposit on a trip means that you agree to these conditions of sale and expressly waive any right to punitive damages.
11.4 Origin reserves the right, in our sole discretion, to change these terms and conditions at any time. Updated versions of the terms and conditions will be posted here on this website and are effective immediately on posting. If we make material changes, we will notify you. Please check frequently, especially before you make a booking, to see if these terms and conditions changed. Your continued use of our services including continuing to use or maintain any bookings after any changes to the terms and conditions constitutes your consent to the changes.
11.5 This agreement, including our suppliers’ terms and any other documents, including invoices, we provide you, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to Origin. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Non-US Travelers
These are the general travel terms and conditions (hereinafter the “Terms”) of Origin B.V., a limited liability company incorporated under Dutch law (with registered address at Singel 542, 1017 AZ Amsterdam and registered at the Trade register of the Chamber of Commerce under no. KVK 78463629) (“Origin”, “we”, “our”, “us”).
1. Travel Agreement and Applicability of the Terms
1.1. These Terms shall apply to all offers and agreements with respect to the package travels provided by Origin to you (“you” or “traveler”). Once the trip offer is accepted by you, a package travel agreement (the “agreement” and the agreed trip, the “Trip”) is effective between Origin and you (including other travelers that participate in the Trip). Upon acceptance of the trip offer, the Trip qualifies as a “definitive booking” and cannot be revoked by the traveler.
1.2. Trip offers are valid for 14 days. Trip offers are without engagement and can be withdrawn by Origin before acceptance or after acceptance. In case of the latter, such withdrawal shall be done as quickly as possible, in any event within 24 hours (for Trips in Europe and the Mediterranean Sea countries) or within 48 hours (Trips to other destinations) after the date of acceptance, stating the reason. If you accept the offer over the weekend, the deadline for withdrawal by Origin starts at midnight on Sunday evening, unless it is followed by a generally recognized public holiday in the Netherlands, in which case the withdrawal period starts at midnight on the last public holiday.
1.3. Upon or immediately after conclusion of the agreement, you will receive a confirmation and an invoice for the deposit. Upon confirmation, you are required to check all details and notify us of any incorrect or incomplete data. If you haven’t notified us within reasonable time, the costs involved in changing it may be charged to you.
1.4. Manifest errors or mistakes in the trip offer or agreement shall not be binding on Origin. Such errors and mistakes are errors and mistakes that are or should be apparent as such at first sight from the point of view of an average traveler.
1.5. In case of any inconsistencies between the trip offer and these Terms, the trip offer shall prevail.
1.6. Notices and communications between you and us shall be made via the Origin app or via e-mail at trip@origin.me (if addressed to us) and to the e-mail registered by you during the booking process. Each party shall timely notify the other party of a change to the e-mail address.
2. Trip Information
2.1. Origin shall provide you with the standard information required by law and the essential elements of the Trip prior to the conclusion of the agreement.
2.2. If our offer is available online, the details stated in such offer shall form part of the agreement, unless otherwise specified in the offer.
2.3. Origin shall not be liable for general information in photos, leaflets, advertisements, websites and other information carriers, if these have been provided by third parties.
2.4. In case flights are part of the Trip, Origin will inform you on the airline providing such services. The final departure and arrival times for transport components shall be stated in the travel documents.
2.5. Although we provide you with general information on the destination, you remain responsible for obtaining additional information on passports, visa requirements etc. from the relevant (local) authorities (at the time of the booking as well as departure).
3. Traveler’s (Information) Obligations
3.1. As part of the booking process, you shall provide all information regarding yourself and the other travelers for which you book a Trip (and to whom these Terms shall apply) that are or could be of relevance in the performance of the agreement. As part of such information, you shall indicate any details regarding your physical and mental condition and regarding the capacity or composition of the group of travelers you have booked a Trip for.
3.2. f you fail to comply with your obligations to provide information, it may result in Origin or someone on our behalf excluding the relevant traveler(s) from (further) participation in the Trip. In such case, all associated costs shall be charged to you.
3.3. You shall check the exact time of departure for the return journey no later than 24 hours before the stated time of departure.
3.4. You are entitled to request changes of the Trip for medical or other reasons. Origin shall use its best endeavors to facilitate such requests but is in no way obliged to do so. Any reasonable costs related to such changes shall be communicated upfront and shall be charged to you.
3.5. You shall obtain sufficient travel insurance for the Trip and shall, provide us with proof thereof, if requested.
3.6. You shall be required to comply with all instructions issued by or on behalf of Origin and you shall be liable for damage or loss caused by your actions. This is to be assessed according to the standard of the conduct of a well-behaved traveler.
3.7. If you (may) cause hindrance or nuisance to such an extent that proper performance of (part of) the agreement is or could be impeded, Origin may exclude you from the Trip, if it cannot reasonably expect from us to comply with the agreement. The costs arising from this shall be borne by you.
3.8. You shall avoid or mitigate any loss on your part as much as possible.
4. Changes by Origin
4.1. We have the right to change the Trip if those changes are insignificant and if we have informed you in a clear, comprehensive and prominent way and in a timely manner. You may not reject such changes.
4.2. If, before the start of the Trip, we are constrained to alter any of the main characteristics of the Trip significantly, we shall inform you in a clear, comprehensive and prominent way and ask you whether you wish to accept the proposed changes or terminate the agreement free of charge. If the changes imply a reduction in the quality or cost of the Trip, Origin shall make an appropriate offer to reduce the trip price.
4.3. For Trips starting 14 days or later after notification of the change as referred to in clause 4.2, Origin must be informed of your decision no later than 48 hours after receipt of the notification. For Trips starting within 14 days after notification, Origin must be informed of your decision without delay and in any case within 24 hours. If you fail to communicate your decision within such period, you will be deemed to have accepted the changes.
4.4. Up to twenty days before the start of the Trip, we are allowed to increase the trip price by a maximum of 8%, but only if that is due to an increase in (i) fuel costs, (ii) the cost price of other energy sources, (iii) applicable taxes, (iv) exchange rates or (v) fees for travel services included in the agreement, charged by third parties not directly involved in the execution of the agreement, including tourist taxes, landing fees and departure or arrival taxes at ports and/or airports. You are entitled to a price reduction less the administrative costs actually incurred if, for the same reasons, the costs as described in this clause decrease.
4.5. If Origin increases the price by more than 8%, you shall have the right to reject this increase and terminate the agreement free of charge. Clauses 4.2 and 4.3 shall apply in such case.
4.6. Origin shall not be entitled to change the trip price from the later of the date on which the full trip price (i) should be paid in accordance with these Terms or (ii) has actually been paid by you.
4.7. If you do not accept the changes and Origin cannot offer you an alternative trip or if you do not accept this, Origin shall refund all amounts paid by you. If you accept the alternative offer, you are entitled to an appropriate price reduction.
5. Payment
5.1. Before concluding the agreement, you will receive information from Origin as to when the trip price must have been paid (in full), in how many installments, whether a deposit is required and when such deposit/installments must be paid. If you have not fulfilled your financial obligations at the time specified by us, you will be in default by operation of law. Unless a payment term has been specified for a certain payment, the payment term is 30 days.
5.2. If you are in default, a payment demand will be sent by or on behalf of Origin, in which a period of 14 days will be given to fulfill your payment obligations. If you have not paid upon expiry of such period, the agreement shall be deemed to have been terminated (by you). Origin will deduct the termination fee from the amounts already paid. If the departure date is within these 14 days, you must pay the remaining part of the trip price at the latest 24 hours before the departure date.
5.3. If you have not paid on time, you shall owe the statutory interest on the amount due from the date of default. After receiving a payment demand, you shall also be required to pay the extrajudicial collection costs which amount to a maximum of 15% in the case of a trip price of up to €2,500, 10% of the next €2,500, 5% of the next €5,000 and 1% of the amount above this. We may deviate from these amounts and percentages in your favor.
5.4. In all cases where you are entitled to a refund (or price reduction) of payments already made by you, we shall do so without delay, but in any case, within 14 days after the right to a refund has arisen.
6. Termination by Traveler
6.1. You may terminate the agreement before the start of the Trip, in which case you will be obliged to compensate Origin for the loss we suffer as a result of the termination. Unless stated otherwise in the Agreement (including the Trip offer and the applicable refund policies from the relevant service providers), the percentages agreed below (fixed loss) are based on the time of cancellation, any expected cost savings and income Origin obtains from still selling the cancelled Trip, in addition to any reservation costs due, shall apply. In case of termination:
a. up to 3 calendar months before the day of departure: 15% of the full trip price;
b. between 3 calendar months and the 30th day (exclusive) before the day of departure: 50% of the full trip price;
c. from the 30th calendar day (inclusive) the full trip price.
6.2. If the Trip is composed of different elements to which different termination provisions apply, the specific provisions of the service provider of such element shall apply. At the time of booking at the latest, Origin shall communicate whether specific termination provisions apply to certain elements of the Trip.
6.3. If a traveler from a group terminates his share of the agreement for a joint stay in an accommodation, termination costs shall be due. If the size of the remaining group appears in the price table for this accommodation, Origin shall make a proposal for an amendment to the remaining traveler(s) for the same period and in the same accommodation, appropriate to the new group size. For the traveler(s) referred to above, the trip price shall change in accordance with the price table. The regular payment rules shall apply to payment of the modified trip price. If the modified offer is not possible or if the travelers do not accept it, the agreement for all travelers shall be terminated and all travelers shall be charged a termination fee.
6.4. In case of clause 6.4, the total amount of termination fees and changed trip prices shall not exceed the total trip price of the original travelers. Origin shall deduct any surplus from the new trip price.
6.5. Terminations sent on non-working days are considered to have been received by Origin on the next working day. Cancellations outside office hours but on a working day before opening hours are considered to be received by Origin on this working day. Cancellations outside office hours after working hours will be deemed to have been received by Origin on the following working day.
6.6. In the event of unavoidable and extraordinary circumstances occurring at the place of destination or its immediate vicinity and significantly affecting the performance of the Trip, or which significantly affect the carriage of passengers to the destination, and the Trip has not yet started, you may terminate the agreement free of charge from 14 days before the start of the Trip, and Origin shall refund all prepaid amounts. In this case, you shall not be entitled to any other compensation.
6.7. For the purpose of this clause 6, the trip price is defined as the total trip price, excluding reservation costs and insurance premiums, which are non-refundable.
7. Performance of the Trip and Origin’s Liability
7.1. Origin shall be responsible for the performance of the Trip in accordance with the expectations that you may reasonably have based on the agreement. If a certain element cannot be performed in accordance with the agreement and you have immediately informed Origin thereof, Origin shall ensure that the agreement will be performed properly, unless it is impossible or involves such high costs that you cannot reasonably expect it from Origin to do so.
7.2. Where a significant proportion of the Trip cannot be performed, Origin shall ensure that suitable alternatives of at least equivalent quality are available free of charge. During the period that the agreement is not performed in accordance with what you may reasonably expect based on the agreement or if the alternatives offered are of lower quality, Origin shall offer an appropriate price reduction.
7.3. You are entitled to reject the proposed alternatives if they are not comparable with what has been agreed in the agreement. If the alternative offered is of lower quality, you may reject it if the price reduction offered is insufficient.
7.4. In assessing the alternative or the price reduction offered, objective criteria should be considered, such as (i) the location of the accommodation at the destination, (ii) the nature and class of the accommodation, (iii) any other facilities the accommodation offers, (iv) the composition of the group of travelers and (v) the characteristics of the traveler(s) known to and confirmed by us, including the personal circumstances reported by the traveler and accepted and recorded by us.
7.5. You may remedy lack of conformity with the agreement, and you are entitled to be reimbursed for necessary expenses incurred related thereto, if (i) you have informed us in a timely manner of such lack and we have (a) indicated that we are unable to remedy such lack of conformity or (b) not remedied the lack of conformity within a reasonable period set by you or (ii) immediate remedy is required.
7.6. In case a lack of conformity has significant consequences for the performance of the agreement and Origin has not remedied it within a reasonable period, you may terminate the agreement free of charge. In such case, you are entitled to compensation and/or a price reduction, without prejudice to your right - if transport is included in the Trip - to repatriation free of charge with an equivalent transport service.
7.7. We shall not be liable for failure of the performance of an obligation if it is attributable to you, a consequence of unavoidable and extraordinary circumstances or attributable to a third party not engaged by Origin in the performance of the travel services.
7.8. Our liability under the agreement - either by a breach of obligations under this agreement or non-contractual obligations - for loss suffered by you shall be limited to three times the trip price unless the loss is a consequence of willful misconduct or negligence by us. The limitation shall not apply to loss arising from personal injury to the traveler.
7.9. If part of the Trip is subject to a treaty or an EU Regulation, Origin may invoke an exclusion or limitation of liability granted or allowed to a service provider as such under that treaty or Regulation. In the event of cumulation of compensation or price reduction within the meaning of this clause, Origin may offset the compensation against each other.
8. Assistance
8.1. Origin shall help if you experience difficulties during your Trip. This also applies to unavoidable and exceptional circumstances as result of which the Trip does not proceed in accordance with the expectations you could reasonably have based on the agreement. Such assistance shall consist of adequate information on medical services, local authorities, consular support, and assistance in using communication and finding alternatives. The party responsible for the circumstances giving rise to such assistance shall bear the costs thereof.
8.2. In the event that the difficulties are attributable to your intent or negligence, the costs incurred by Origin shall be charged to you. These costs shall not exceed the costs actually incurred by Origin and any third parties it has engaged.
8.3. Only in case that transport is part of the Trip and your return trip cannot be performed on the agreed date due to force majeure, you shall be entitled to a maximum of three (3) free nights in equivalent accommodation, if possible. This limitation of 3 nights shall not apply to disabled people and their companions, pregnant women, unaccompanied minors, and persons in need of specific medical assistance, provided that they have informed Origin of these special circumstances at least 48 hours before the start of the Trip.
9. Complaints
9.1. Notwithstanding clause 7, complaints about the performance of and during the Trip should be reported immediately, so that a solution can be sought. You must report in the following sequence to (i) the (local) service provider, (ii) the tour leader or, in case of unavailability or not applicable, (iii) us.
9.2. If the failure is not resolved, and negatively affects the quality of the Trip, you must notify us immediately. In case a failure is not resolved satisfactorily at location, Origin shall ensure that there is a possibility to record a complaint.
9.3. In the event you fail to register a complaint in accordance with this clause, and as a result the service provider or we have not been given the opportunity to remedy the failure, you may lose any right to compensation (in whole or in part).
9.4. If your complaint has not been resolved satisfactorily, you shall submit it in the prescribed manner, within two months of the end of the Trip (or the service used), or after the original date of departure if the Trip has not taken place. You shall attach a copy of the (initial) complaint. If the complaint relates to the conclusion of the agreement, it must be submitted to us as quickly as possible, and in any event within two months of taking cognizance of the facts to which the complaint relates.
9.5. In event that you do not submit the complaint in a timely manner, it will not be processed, unless you cannot reasonably be blamed for this.
9.6. Origin shall respond to you no later than one month after receipt of the complaint.
10. Substitution of Traveler
10.1. Subject to the following conditions, you have the right to request us to replace you with another person:
a. The other person complies with the agreement (including these Terms); and
b. You shall submit the request no later than 7 calendar days before departure or in a timely manner such that Origin can still carry out the necessary actions and formalities; and
c. The terms and conditions of the service providers involved in the performance of the agreement do not preclude such substitution.
10.2. You and the person substituting you shall be jointly and severally liable vis-à-vis us for payment of the part of the trip price still owed, the amendment fee, surcharges and other costs resulting from the substitution.
11. Governing Law and Jurisdiction
11.1. The agreement and the agreements concluded in the performance of or in connection with this agreement, and any non-contractual obligations arising thereto, are governed by, and will be interpreted in accordance with Dutch law.
11.2. All disputes related to the agreement or the agreements concluded in the performance of or in connection with the agreement will be submitted exclusively to the competent court of Amsterdam, The Netherlands.