Obligations during the term of the travel agreement
The travel organizer must carry out the trip in accordance with what the traveller may reasonably expect on the basis of the travel agreement.
The quality and content of the trip must correspond to what has been agreed.
This includes, among other things:
- Accommodation that corresponds with the description provided;
- Planned routes and activities being followed;
- Included services, such as transfers and meals, being provided in accordance with the agreement.
Where problems arise, the traveller may reasonably expect assistance. In addition, the travel organizer must be financially capable of carrying out, or having carried out, the trip in accordance with the travel agreement.
Compensation for a poor travel experience
(Loss of Enjoyment of the Trip)
Where the trip does not meet the reasonable expectations of the traveller, the travel organizer may be required to pay compensation for a poor travel experience.
This applies where the traveller suffers loss of enjoyment of the trip, for example:
- Where accommodation is subject to major renovations causing significant disturbance; or
- Where essential facilities, such as a swimming pool, are unavailable.
Compensation for inconvenience or costs incurred for replacement transport or accommodation is limited to a maximum of the travel price.
No Compensation Required
Compensation is not required where the travel organizer can demonstrate that it is not responsible for the shortcoming, including where:
- The situation is caused by the traveller, for example due to late arrival at the airport;
- The shortcoming is caused by a third party, was not foreseeable, and could not reasonably be remedied;
- The shortcoming results from force majeure, such as natural disasters, extreme weather conditions, or war.
Assistance and support in case of problems
Depending on the circumstances, the travel organizer is obliged to provide assistance and support where problems arise outside normal expectations.
This may include, for example:
- Offering meals in the event of significant delays;
- Assisting with medical care or arranging alternative transport;
- Supporting communication with home or with an insurer.
Where the problem is attributable to the traveller, the obligation is limited to reasonable assistance and support, and the associated costs may be charged to the traveller.
Where the problem is caused by the travel organizer or a person engaged by the travel organizer, the full costs of assistance and support remain the responsibility of the travel organizer.
Financial capacity
The travel organizer must take preventive measures to address situations in which it becomes insolvent or is otherwise unable to fulfil its obligations due to financial difficulties.
The traveller must be protected against the financial risks of the travel organizer.
Before concluding the travel agreement, the travel organizer must inform the traveller of the applicable protection measures, such as insurance or alternative financial arrangements.
This information must be made clearly available, for example:
- In the travel brochure;
- On the website; or
- During the booking process.
Sources:
- Article 7:507 of the Aruban Civil Code
- Article 7:510 of the Aruban Civil Code
- Article 7:511 of the Aruban Civil Code
- Article 7:512 of the Aruban Civil Code
