© 2026 Calamiteitenfonds
Version 202401
Article 1 Purpose
1. The Stichting Calamiteitenfonds Reizen, hereinafter referred to as the Calamities Fund, has, in accordance with and within the limits of its statutory objectives set out below, committed itself towards its participants to make payments to and for travellers. By making a booking with a participant, the traveller accepts this guarantee.
2. The purpose of the Calamities Fund is to make payments to or for travellers and to do everything conducive thereto in respect of package travel agreements, linked travel arrangements or transport or accommodation agreements offered and concluded on the Dutch market, if these travellers suffer financial loss in cases where the relevant participant cannot or may not fully perform its obligations under the agreement as a result of a (threatening) calamity.
Article 2 Definitions
In this guarantee scheme, the following definitions apply:
a. Booking: the package travel agreement, linked travel arrangement, transport agreement or accommodation agreement concluded with a traveller.
b. Calamity: an abnormal event caused by hostilities or a natural disaster.
c. Calamities Committee: the independent body of the Calamities Fund that makes decisions on calamities and situations eligible for compensation.
d. Participant: the trader who has a valid participation agreement with the Calamities Fund.
e. Coverage Restriction: in the event of a threatening calamity, the Calamities Committee determines that, due to the resulting risk of danger to the person and/or property of the traveller, the traveller may not travel for a certain period with the guarantee of the Calamities Fund to the country or specific area for which the coverage restriction has been imposed.
f. Retailer: the trader, other than the organiser, who offers package travel arrangements composed by the organiser or mediates in the sale of transport agreements or accommodation agreements.
g. Linked Travel Arrangement: at least two different types of travel services purchased for the same trip or holiday which do not constitute a package travel and for which separate agreements are concluded with different travel service providers, whereby a trader either:
i. during a single visit to or contact with the point of sale facilitates the separate selection and separate payment of each travel service by the traveller; or
ii. in a targeted manner facilitates the purchase of at least one additional travel service from another trader, where an agreement with that other trader is concluded no later than 24 hours after confirmation of the booking of the first travel service, all in accordance with Title 7A of Book 7 of the Dutch Civil Code.
h. Trader: any natural or legal person who acts, in the context of their trade, business, craft or profession, with regard to agreements falling under Title 7A of Book 7 of the Dutch Civil Code and transport and/or accommodation agreements, including through another person acting on their behalf or for their account, regardless of whether they act as organiser, retailer, trader facilitating a linked travel arrangement or travel service provider.
i. Organiser: the trader who combines and offers package travel arrangements, directly or through or together with another trader, or the trader who provides the traveller’s details to another trader in accordance with Title 7A of Book 7 of the Dutch Civil Code.
j. Accommodation Agreement: the agreement concerning accommodation that does not constitute an essential part of passenger transport and is not intended for residential purposes, such as a hotel or holiday apartment.
k. Transport Agreement: the agreement concerning passenger transport, such as by bus or boat.
l. Package Travel Agreement: the agreement concerning the entire package travel, or, if the package travel is provided under separate agreements, all agreements relating to the travel services that form part of the package travel, in accordance with Title 7A of Book 7 of the Dutch Civil Code.
m. Traveller: the natural or legal person who has made a booking falling under this guarantee scheme.
n. Situation Eligible for Compensation: if, in the event of a calamity, there is such a degree of danger to the person and/or property of the traveller or such serious damage to the infrastructure that performance of the obligations of a participant arising from a booking with a consumer cannot reasonably be expected from the participant.
Article 3 Compensation
1. Compensation shall only be granted if and insofar as:
a. the agreement was concluded with a participant of the Calamities Fund;
b. the Calamities Committee has determined and announced that a situation eligible for compensation exists or has existed for the place where the agreement is to be performed, and the trip, transport or stay commenced before the announcement of the determination;
c. the traveller cannot recover the damage from third parties and/or the participant.
2. Compensation shall not exceed the travel price paid, transport costs or accommodation costs, where applicable increased by additional costs of repatriation or modification of the trip or stay.
3. The following are excluded from compensation:
a. Stand-alone air transport agreements and stand-alone car rental agreements;
b. paid insurance premiums, policy costs, visa costs, amendment costs, fax and telephone costs, administration costs, credit card costs, deposits, interest costs, legal costs, contribution to the Calamities Fund and similar costs that do not form part of the travel price;
c. bookings concluded exclusively on the basis of lotteries, savings stamps, air miles or similar bookings not fully paid in cash or by bank transfer.
4. If and insofar as, taking into account the foregoing, entitlement to compensation exists, the compensation obligation of the Calamities Fund is limited to an amount of EUR 12,500 per traveller per incident. Any excess amount is insured by the Calamities Fund on behalf of and for the benefit of the traveller. In the event of damage, the Calamities Fund shall handle the claim with the insurer on behalf of the traveller, without prejudice to the traveller’s right as the insured party to claim compensation directly from the insurer.
Article 4 Situation Eligible for Compensation
1. Whether a situation eligible for compensation as referred to in Article 2 under n exists shall be determined solely by the Calamities Committee as referred to in Article 19 of the Articles of Association of the Calamities Fund.
2. The traveller must, under penalty of forfeiture of their right to compensation, comply with the determinations and instructions of the Calamities Committee. The Calamities Fund shall communicate these as soon as possible, inter alia via public media and/or the participant.
Article 5 Coverage Restriction
1. Whether a coverage restriction must be imposed shall be determined solely by the Calamities Committee as referred to in Article 19 of the Articles of Association.
2. After announcement of a coverage restriction, both the participant and the traveller whose booking is subject to the coverage restriction are entitled to cancel the package travel agreement or transport or accommodation agreement free of charge, in accordance with the provisions of the ANVR Travel Conditions regarding free termination. A traveller who does not make use of this option forfeits the right to compensation with respect to their agreement.
3. A traveller who makes a booking after announcement of a coverage restriction, to which the coverage restriction applies, has no right to the guarantee of the Calamities Fund.
Article 6 Entitled Party
Within the limits of this guarantee scheme, a traveller who is a party to a package travel agreement, linked travel arrangement, transport agreement or accommodation agreement with a participant and who possesses a booking confirmation and/or invoice with the corresponding proof of payment shall in principle be eligible for compensation by the Calamities Fund.
Article 7 Compensable Damage
1. The compensable financial damage of the traveller as referred to in Article 2 paragraph a shall mean, to the exclusion of any other (financial) damage:
a. if the trip is terminated prematurely: any additional costs of repatriation and the loss of (the part of the travel price corresponding to the unused part of the holiday);
b. if the trip is continued in a modified form: the additional travel costs associated with the modification, but only insofar as the modified trip is comparable in nature and price level to the original trip.
2. The traveller shall only be entitled to compensation by the Calamities Fund if the Calamities Fund is obliged, within the limits of its objectives and this guarantee scheme, to make a payment to or for the traveller, subject to Article 12 and provided that the traveller has complied with the obligations set out below.
3. The Calamities Fund shall not be liable for damage suffered by the traveller as a result of the establishment or non-establishment of a situation eligible for compensation and/or related implementation instructions.
Article 8 Obligations of the Traveller
1. The traveller is obliged to submit their claim to the Calamities Fund no later than one month after returning from the trip, failing which their rights shall lapse.
2. In order to claim compensation, the traveller must first contact the participant.
3. If the traveller unexpectedly does not receive sufficient cooperation from the participant in obtaining the compensation, the traveller may contact the Calamities Fund directly.
4. Each traveller is obliged, when submitting their claim to the participant and/or the Calamities Fund, to submit:
a. the invoice(s) relating to the damage as referred to in Article 7;
b. the corresponding proof(s) of payment.
5. As long as one of the documents referred to above is missing, the consumer has no right to compensation.
6. The traveller is obliged to comply with the instructions issued by the Calamities Fund regarding the submission of the claim.
Article 9 Mandate and Power of Attorney
The traveller is deemed to have granted the participant a mandate and power of attorney for all acts necessary to collect the amount to which the traveller is entitled under the guarantee vis-à-vis the Calamities Fund.
Article 10 Recourse and Assignment
1. If the Calamities Fund makes payments to or for the benefit of the traveller for which the participant is liable towards the traveller on the basis of the Articles of Association, regulations and/or the booking, the Calamities Fund has a right of recourse against the participant, and the traveller shall cooperate in assigning their rights against the participant to the Calamities Fund up to the amount of said payments.
2. The traveller is obliged to cooperate in assigning to the Calamities Fund their rights up to the amount of their claim for compensation against the (former) participant, in accordance with a model to be determined by the Calamities Fund.
3. As long as the traveller does not comply with the obligation set out in the preceding paragraph, the traveller shall have no right to compensation, or any compensation already paid shall be deemed unduly paid.
Article 11 Implementation by the Calamities Fund
The Calamities Fund reserves the right, in certain cases, to itself arrange repatriation or modification of the trip, in which case the conditions agreed with the participant shall remain applicable.
Article 12 Amendments
1. The Calamities Fund is entitled to amend this guarantee scheme after obtaining approval from the Supervisory Board.
2. The guarantee scheme as last amended at the time of booking shall be binding.
Article 13 Final Provision
1. In all cases not provided for by law, the Articles of Association or a regulation, the Board shall decide.
2. Dutch law shall apply to this guarantee scheme.
3. All disputes arising from this guarantee scheme shall be submitted to the District Court of Rotterdam.
Adopted by the Board after approval by the Supervisory Board and effective as of 1 January 2024.
Stichting Calamiteitenfonds Reizen
PO Box 4040
3006 AA Rotterdam
Version 202401
Disclaimer
Disclaimer for translation errors The official language of SGR is Dutch. The translation of this text was prepared with the utmost care. However, SGR does not accept any liability for errors or omissions in this translation or the direct or indirect consequences of acting or failing to act based on this translation. It is not possible to derive any rights, of whatever nature, based on this translation. In the event of any discrepancy between the Dutch text and the English translation, the Dutch text shall be binding.