The Guarantee Measure explained
We have to take measures that protect you, the traveller if we go bankrupt. This is called the guarantee measure. This measure ensures that:
- That the traveller gets their money back in case of bankruptcy or;
- That the trip can be executed because another travel provider takes over the trip or;
- If the traveller is travelling during the bankruptcy and international flights are also part of the package, the traveller can be repatriated.
A travel agency can decide how they comply with the Guarantee Measure. They can join a Guarantee Fund or take their own measures. We opt for the latter. In that case, we must communicate the measures to our travellers. We would like to inform you of this.
A little more context: why does the travel industry have a Guarantee Measure?
In the travel industry, the customer often pays the travel provider months in advance: advance payments are used to secure the execution of the holiday. There is a risk that the travel provider uses the prepaid funds to cover operational costs (staff, back office, rent of premises, marketing, etc.) or other bookings. This is risky for the consumer: if the company goes bankrupt, the deposit is no longer there, and the consumer suffers.
Booking and organising a trip is different from dining in a restaurant. The tour operator sometimes has to pay up to tens of thousands of euros in advance to secure the bookings, whereas, at a restaurant, payment is made immediately after the service is delivered. The Guarantee Measure ensures that the traveller’s funds are not used in advance for
used in advance for operational costs or other bookings, thus providing a guarantee that the traveller will get their money back in case of bankruptcy or that the trip can be executed. This construction protects/secures the money.
How does VVOR's Third-party funds scheme work?
We cooperate with “Veilig Verzekerd op Reis” (VVOR). Paid funds from the traveller are set aside in an independent third-party account with an independent board. VVOR ensures that these funds are managed until four weeks before the start of the trip, at which point all partners who will be running the trip are paid.
Therefore, the traveller does not pay CT Africa BV but VVOR, which manages the Third Party Account. This way, payment is safe with the third-party account up to four weeks before the trip.
The payment is safe with the Stichting Derdengelden. In the unlikely event that CT Africa BV goes bankrupt and the trip does not start within four weeks, the foundation will reimburse the traveller or an alternative travel provider will be found.
If the bankruptcy occurs in the period four weeks before the trip starts, all partners have paid in advance, and the trip can be carried out (possibly by another travel provider if necessary). VVOR charges €10 per person for this service.
Transport to the destination
Transport to the travel destination is never part of the package deal and is not the responsibility of CT Africa BV. We can, however, advise which airline tickets to book and can put the traveller in touch with a third party with whom the traveller can book airline tickets. There is no linked travel arrangement in this case. Flight tickets are not part of our travel offer.
Article 1 - When does the Guarantee apply?
- The traveller claims under the Guarantee if, due to financial insolvency, CT Africa BV cannot (in full and/or on time). Financial insolvency will be deemed to exist if, among other things:
- A bankruptcy petition has been filed against the Travel Organisation;
- the Tour Operator or its shareholder decides to file for bankruptcy or apply for a provisional suspension of payments;
- distraint is levied on the travel agency which is not lifted within four weeks;
- 4. A request for application of the procedures of the debt restructuring scheme has been submitted for the Travel Organisation.
- The Guarantee applies to Travel Services in respect of which the invoice states that the Guarantee applies and in respect of which the Travel Organisation does not act as a reseller, per Article 7:500 of the Civil Code.
Article 2 - What does the Guarantee entail?
- If the holiday has yet to be executed, VVOR Foundation shall ensure that the funds already paid for are refunded or that the holiday will still be executed. The choice in this is at VVOR’s discretion.
- Stichting VVOR can offer a replacement, if necessary, with additional payment or a refund if the replacement trip differs in price. The traveller is free to reject this unless the new holiday does not result in a drastic change compared to the holiday booked by the traveller.
- Suppose part of the holiday has already been enjoyed. In that case, Stichting VVOR will ensure that the remaining part of the holiday is still executed or that the refund is pro-rata.
Suppose the bookings include passenger transport. In that case, Stichting VVOR will also arrange repatriation to the point of departure.
- The right to payment does not exist insofar as another party covers or is obliged to cover the loss covered by the Guarantee.
- The Guarantee does not extend to the reimbursement of:
- funds that are not on deposit with Stichting Derdengelden;
- vouchers and travel vouchers; and
- insurance premiums, policy fees, credit card fees, change fees, interest fees, visa fees and similar expenses that do not form part of the Travel Price.
Article 3 - How is the Guarantee claimed?
- The traveller must submit a claim to the Guarantee to VVOR Foundation by e-mail ([email protected]) as soon as possible, but not later than the agreed end date of the trip or not later than 60 days after the declaration of bankruptcy.
- To claim the Guarantee, the traveller shall send the following documents to Stichting VVOR:
- the travel contract with the Tour Operator or the booking confirmation, and;
- the invoice stating that the Guarantee applies and;
- proof of payment of the invoice (bank statement).
- The claim to the Guarantee will lapse unless the claim has been submitted to VVOR Foundation within the period and in the manner specified in paragraphs 3.1 and 3.2.
- At Stichting VVOR’s request, the traveller must provide all other information relevant to determining Stichting VVOR’s rights and obligations and the performance of the planned Travel Service or the alternative Travel Service as soon as possible.
- A claim against Stichting VVOR under the Guarantee Scheme is non-transferable.