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These traveller’s conditions apply to all journeys booked with Choo-Choo from December 1, 2021.
Booking a journey with Choo-Choo is safe and reliable. Obvious errors and mistakes in a publication do not bind Choo-Choo.
The travel agreement is concluded when the necessary registration details are received in writing (via the website) or by phone. Choo-Choo purchases the train tickets from various railway companies.
Upon receipt of the reservation confirmation, the traveller must immediately pay 100% of the travel amount.
After an online booking and receipt of payment, Choo-Choo will purchase the ordered train tickets from the relevant railway company(ies) as soon as possible. The online booking made by the customer does not confer any rights until the booking is confirmed by a Choo-Choo employee via email or phone.
If the traveller fails to meet the financial obligation to Choo-Choo in a timely manner, they owe an interest of 1% on the outstanding amount for each month or part of a month of delay. Furthermore, the traveller is liable for extrajudicial collection costs equal to 15% of the claimed amount, with a minimum of €50, unless this amount is deemed unreasonable considering the collection activities involved.
Cancellations (if applicable) must always be made in writing by email (address: info@choo-choo.eu). Different cancellation provisions may apply to certain trips or components of trips (for example hotels and/or rental cars, these will be indicated upon booking).
NOTE: For all booked train tickets (and travel insurance), regardless of the time of cancellation, the cancellation costs are always 100%. No refund possible!
The traveller must possess the necessary documents, such as a valid passport, or, where permitted, a tourist card and any required visas, proof of vaccinations and immunizations, drivers license, and green card, at departure and throughout the journey. If the journey cannot be made (fully) due to the absence of any (valid) document, the traveller bears the consequences. The necessary travel documents (such as train tickets) will be provided to the traveller no later than 7 days before the departure date, unless the travel takes place within 24 hours of booking; in that case, the travel documents will be provided no later than 8 hours before departure.
Choo-Choo has the right to make significant changes to the agreed services due to significant
circumstances. These significant circumstances are of such a nature that Choo-Choo’s further commitment cannot be reasonably expected. If the cause of the change can be attributed to the traveller, any resulting damage will be the responsibility of the traveller. If Choo-Choo saves money due to the changes, the traveller is entitled to a share of the savings.
Choo-Choo must present a proposal for changes to the traveller in the form of an alternative offer within 48 hours (2 working days) after the significant circumstances have arisen. This obligation ceases if the cause of the change can be attributed to the traveller. The traveller can reject the changes. The alternative offer must be of at least equal value. The equivalence of the alternative offer must be assessed based on objective criteria.
Choo-Choo may also make non-significant changes due to significant circumstances, which are communicated to the traveller without delay. In this case, the traveller can only reject the changes if they significantly disadvantage the traveller.
If Choo-Choo is liable for damages suffered by the traveller based on the above, its liability will be limited or excluded in accordance with the relevant international treaties. Choo-Choo also disclaims liability for damages covered by travel and/or cancellation insurance.
If Choo-Choo is liable to the traveller for the loss of travel enjoyment, the compensation will not
exceed the total travel cost. Notwithstanding the foregoing, Choo-Choo’s liability for other damages caused by death or injury of the traveller is limited to a maximum of three times the total travel cost, unless there is intent or gross negligence on the part of Choo-Choo. In that case, Choo-Choo’s liability is unlimited.
The exclusions and/or limitations of Choo-Choo’s liability stated in this article also apply to Choo-Choo’s employees, the booking office, and involved service providers, as well as their staff, unless a treaty or law excludes this. The traveller(s) are obliged to comply with all instructions from Choo-Choo to ensure the proper execution of the journey and are liable for damages caused by their unauthorized actions, assessed according to the standard of conduct of a proper traveller.
If the traveller encounters any deficiencies in any part of the journey, traveller must report it
immediately to the service or product provider so that the complaint can be addressed as soon as possible. All disputes between Choo-Choo and the traveller are subject to Dutch law. Only a Dutch court can hear these disputes.
Traveller is obliged to comply with all instructions from Choo-Choo to ensure the proper execution of the journey and are liable for damages caused by their unauthorized actions, assessed according to the standard of conduct of a proper traveller. If a traveller causes or may cause such nuisance or disruption that it significantly hinders or can hinder the proper execution of a journey, Choo-Choo may exclude the traveller from continuing the journey, if it can reasonably be expected that the agreement cannot be fulfilled. All resulting costs are borne by the traveller to the extent that the consequences of the nuisance or disruption can be attributed to them. If and to the extent that the exclusion is not attributable to the traveller, they will be refunded the travel cost or a portion thereof.
Choo-Choo is obliged to perform the agreement in accordance with the expectations that the
traveller could reasonably have based on the agreement. If the journey does not proceed as
expected, the traveller must notify the parties concerned as soon as possible. Without notifying the deficiency, all liability of Choo-Choo is void. If the journey does not proceed as expected, Choo-Choo is obliged to compensate for any damage, unless the non-performance can be attributed to neither Choo-Choo nor the person providing assistance in executing the agreement because:
the non-performance can be attributed to the traveller
or
the non-performance could not have been foreseen or prevented and can be attributed to a third party not involved in providing the services included in the journey
or
the non-performance is due to an event that Choo-Choo or the person providing assistance in
executing the agreement could not foresee or prevent, despite exercising all due diligence
or
the non-performance is due to force majeure as described below.
Force majeure refers to abnormal and unforeseeable circumstances that are independent of the will of the party relying on it and whose consequences could not have been avoided despite all possible precautions.
Choo-Choo is a member of the Garantiefonds Stichting GGTO under number 1745.The Guarantee Fund applies to all trips sold by Choo-Choo consisting of at least two components (i.e. train ticket + car hire, or train ticket + hotel, or car hire + hotel).
The GGTO Foundation guarantees that you will get back the part of your travel sum already paid if the tour operator becomes financially insolvent. This can be before your departure but also during your stay on location. Furthermore, the GGTO Foundation guarantees your return trip during your stay if the tour operator, due to financial insolvency, can no longer take care of this. The tour operator charges the consumer a fixed amount of 7.50 euros per person per booking for this guarantee. This is used to build up and maintain the guarantee fund.
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