Article 1- Definitions
Organiser: The trader who puts together the trip and offers it – whether or not through a reseller. The trader who offers the trip is also considered to be the organizer if it only consists of one Travel Service and the conditions have been declared applicable to it.
Traveler: any person who concludes or wishes to conclude an agreement with the organizer regarding a trip and any person who has the right to travel on the basis of the agreement;
Travel service: passenger transport, rental of a motor vehicle or motorcycle, accommodation or another tourist service within the meaning of Article 7:500 sub a of the Dutch Civil Code.
Travel service provider: the service provider that performs part of the trip, such as auxiliary persons (accommodation providers/transporters/external guides/etc.) of the organiser.
Agreement: the agreement including these Terms and Conditions whereby the organizer commits itself towards the traveler to provide the Trip.
In writing: in writing or by electronic means, including by e-mail.
Conditions: these general conditions.
Package holiday: a package holiday within the meaning of the law.
Travel: a Package Travel or, if the Conditions have been declared applicable to it, a single Travel Service..
Article 2 – Applicability of conditions
2.1 Package holidays
These Terms and Conditions apply to all Package Holidays offered by Ivory & Pearls or agreed with Ivory & Pearls and form an inseparable part thereof.
2.2 Linked travel arrangements
These Terms and Conditions may also be declared applicable to Travel Services that are part of a linked travel arrangement. The terms and conditions of the supplier of that Travel Service apply to the Travel Services that have not been agreed with Ivory & Pearls.
2.3 Travel services
These terms and conditions may also be declared applicable to seperated Travel Services that do not constitute a package or linked travel arrangement. Title 7a of Book 7 of the Dutch Civil Code, which contains rules about package travel agreements and linked travel arrangements, does not apply in that case. These Travel Services are not protected in the event of the insolvency of Ivory & Pearls unless it is expressly stated in the offer which party provides cover in the event of the insolvency of Ivory & Pearls.
2.4 Deviating and additional conditions
Deviating and additional conditions must be agreed in writing. Deviating provisions in the individual agreement take precedence over these Terms.
Article 3 – Conclusion of Agreement
The trip offered includes the services and facilities that are expressly described in the offers and publications of Ivory & Pearls. The content of the offer is determined solely on the basis of the information provided by or on behalf of Ivory & Pearls. Information in publications of Travel Service Providers is not part of the offer, regardless of whether a link to it is included in the offer of Ivory & Pearls The stated travel time is stated in whole days, whereby the day of departure and arrival are counted as whole days.
3.2 Conclusion of agreement
The Agreement is concluded by the Traveler’s acceptance of Ivory & Pearls.
3.3 Obvious errors
Obvious errors in the offer are not binding on Ivory & Pearls. This concerns the price, the content of the service offered or other information of which the Traveler, in view of all the circumstances, could not reasonably assume that Ivory & Pearls intended to explain this. If there is reason to doubt the correctness of the price or information, the Traveler must inquire Ivory & Pearls about this.
3.4 Special preferences.
If the Traveler expresses certain preferences before or when entering into the Agreement, rights can only be derived from them insofar as these preferences have been accepted as special through a written commitment from Ivory & Pearls to the Traveler that the preference will be granted. The note as a preference on travel documents and the booking confirmation is insufficient for this.
3.5 Special requirements
If, at the latest when entering into the Agreement, the Traveler makes requirements in connection with the medical condition or because of other compelling interests known to Ivory & Pearls as a ‘requirement’, this applies as a suspensive condition for the conclusion of the Agreement.Ivory & Pearls must reject or confirm the ‘requirement’ within a reasonable time and ensure that this will be done. A term of 7 days is in any case considered reasonable. If Ivory & Pearls rejects the requirement, no Agreement will be concluded. If Ivory & Pearls confirms the ‘requirement’, the Agreement is concluded by sending confirmation. If additional costs are associated with the requirements and these are known,Ivory & Pearls will make a new offer to the Traveler.
3.6 Confirmation of receipt of the booking
If acceptance by the Traveler takes place electronically, Ivory & Pearls will confirm receipt of the acceptance sent by the Traveler.
3.7 Confirmation of the booking
Immediately after booking the trip, Ivory & Pearls will send a booking confirmation, whether or not together with a (deposit) invoice.
3.8 Withdrawal by traveler
A booking of the Trip is final. The Traveler has no right to revoke the Agreement.
The Traveler who books the trip must be of legal age. If a minor (<18 years) travels without the persons who have custody of the minor, these persons must send a signed declaration of consent within 7 days of booking. In this case, notwithstanding this article, the Agreement will only be finalized after receipt of this statement by Ivory & Pearls.
3.10 Booking for other Travelers & communication
The Traveler who enters into an Agreement on behalf of or for the benefit of one or more other Travelers is jointly and severally liable for all obligations arising therefrom. The other Travelers are each liable for their own part. The confirmation, invoice, travel documents and all other communication are only sent to the Traveler who makes the booking. The Traveler who books the Trip on behalf of or for the benefit of others is obliged – with the permission of that person – to disclose relevant personal circumstances of those other Travelers that may affect the execution of the Agreement when registering. The Traveler who books the Trip on behalf of or for the benefit of others is obliged to provide those other Travelers with these Conditions and other relevant communication.
Article 4 – Information by Ivory & Pearls
4.1 Travel sum
Mentioned prices are per person, unless expressly stated otherwise. The offered travel sum includes all known unavoidable additional costs, unless the costs cannot be included in the travel sum or are not yet known. In that case, these costs or the nature of the costs will be stated clearly and close to the travel sum. If the travel sum is age-dependent, the age on the first day of the Trip is decisive.
4.2 Information by Ivory & Pearls after booking
When concluding the Agreement or immediately thereafter, Ivory & Pearls will provide the Traveler with the Agreement, including the accepted special preferences of the Traveler and information tailored to the nationality of the traveler about the necessary travel documents (passports, visas, etc.) and any formalities on health and other legally required information.
4.3 Information by Ivory & Pearls before the trip
In time before the start of the Trip and at latest when the travel documents are provided, the Traveler will receive detailed information about the booked Trip, including information about the planned departure times, the latest time to check in, the planned stops and arrivals and, where applicable, the name of the traveler, the airline carrying out the air transport. Unless the traveler has booked the flight with another organizer in that case the traveler is responsible to check the departure time and other details.
4.4 Travel documents
The Traveler must have the necessary travel documents for the Trip, such as a passport, visa, vaccination certificates, etc. The traveler must check with the authorities and institutions for applicability, completeness and topicality. Before booking the trip, the Traveler must verify whether there is sufficient time to obtain the necessary travel documents in connection with the possible long processing time of an application for travel documents and in particular any required visa. If the Traveler cannot or cannot fully make the Trip due to the lack of valid, complete and correct travel documents, the resulting costs will be fully borne by the Traveler.
4.5 Travel documents
The travel documents (transport tickets, vouchers, etc.) will be sent to the Traveler in time and at the latest 7 days before departure, unless the invoice has not yet been paid in full. If the Traveler has not received the travel documents 5 days before departure, he must immediately inform Ivory & Pearls. Definitive departure and arrival times are stated in the travel documents.
4.6 Insurance information
Before the Agreement is concluded, Ivory & Pearls provides the Traveler with information about the possibility of taking out cancellation insurance and travel insurance. Ivory & Pearls may require such insurance provided that the Traveler has been informed of this in Writing before the Agreement is concluded.
Article 5 – Information by the Traveler
5.1 Relevant information from the Traveler(s)
Before or at the conclusion of the Agreement, the Traveler who makes the booking provides all information relevant to the Trip about himself and the other Travelers registered by him or her. In particular, this concerns information about the Travelers or the composition of the group if this may affect the health or safety of the Traveler or others during the Trip. If the information provided is incorrect or incomplete, this may result in the Traveler being excluded from participation by Ivory & Pearls or the Travel Service Providers. In that case, the Traveler owes the cancellation costs in accordance with Article 9 paragraph 2. Other costs arising from this will also be borne by the Traveler.
5.2 Reduced mobility, pregnant women, unaccompanied minors and illness
Travelers with reduced mobility and their companions, pregnant women, unaccompanied minors and Travelers with an illness that may have an effect on the Trip must report this to Ivory & Pearls when entering into the Agreement or in any case as soon as possible after the Traveler is aware of this regarding any consequences for the Trip and in particular air transport. These Travelers must verify with the carrier whether a medical statement is required to be allowed to travel.
Before the trip
Article 6 – Payment
6.1 Down payment
After the Agreement has been concluded, 30% of the travel sum must be paid within 7 days of receipt of the invoice. If airline tickets are included, the full amount of the airline tickets plus 30% of the travel sum of the remaining part of the Trip must be paid as a deposit.
For wedding arrangements a deposit of 30% applies and the remaining amount must be paid no later than 8 weeks before the wedding / ceremony date. ( unless otherwise agreed)
6.2 Remaining payment
The remainder of the travel sum must be paid no later than 8 weeks before the start date of the Trip. If the Agreement is concluded within 8 weeks before the start date of the Trip, the full travel sum must be paid immediately and in any case before the start of the Trip.
6.3 Default and interest
If the Traveler does not pay within the term stated above or on the invoice, the Traveler is in default without further notice of default being required and the statutory interest is owed on the outstanding amount from then on.
6.4 Collection costs
The Traveler is obliged to pay the extrajudicial collection costs if the Traveler has been demanded of payment in vain within a period of fourteen days, commencing on the day after the reminder has been received, stating the consequences of the non-payment, including the exact collection costs that will be charged. advanced. The extrajudicial collection costs amount to 15% of the amount claimed up to €2,500, 10% on the subsequent €2,500, 5% on the subsequent €5,000 and 1% on the excess, with a minimum of €40.
6.5 Further consequences of non-payment
If the Traveler is in default, Ivory & Pearls can suspend the sending of the travel documents without further notice until full payment has been received. If payment is not made even after a reminder or if payment has not been made before the start of the trip, Ivory & Pearls has the right to exclude the Traveler from participation. The obligation to pay remains. Instead of excluding the Traveler from participation, Ivory & Pearls can cancel the Agreement and charge the Traveler for the cancellation costs due. The provisions of this paragraph are without prejudice to other rights of Ivory & Pearls.
Article 7 – Substitution
7.1 Terms and Notice
A Traveler may transfer the Trip to another person who meets all the conditions attached to the Trip. The Traveler requests Ivory & Pearls no later than 7 days before the start of the Trip, at least with due observance of a reasonable period within which the necessary actions can be performed, to replace the person. Transfer is only possible insofar as the conditions of the relevant Travel Service Provider allow this. If airline tickets are part of the Trip, transfer of the airline tickets is generally not possible. Transfer of the entire journey is then generally only possible if a new flight ticket is booked at the expense of the Traveler.
7.2 Joint and several liability and additional costs
The Traveler and the person who takes over the Trip are jointly and severally liable for the payment of the amount still due and for any additional fees, surcharges and other costs arising from the substitution, including change costs.
Article 8 – Change by the Traveler
The Traveler who has booked the Trip can request Ivory & Pearls in writing to change the Agreement. Ivory & Pearls is not obliged to do this. Ivory & Pearls will inform the Traveler of the new travel sum. If the Traveler agrees to the costs of the change, the new travel sum and change costs are due. If the new travel sum is lower than the original travel sum, the difference will be settled with the change costs due.
8.2 Adjustment of departure date or number of travelers
A request to change the departure date does not constitute a change, but a cancellation. Reducing the number of paying passengers does not constitute a change, but a partial cancellation. The cancellation regulation of Article 9 paragraph 2 applies to this.
Article 9 – Cancellation by the Traveler
The Traveler can cancel the Agreement at any time before the start of the Trip. Termination must be in writing. The date on which the written cancellation is received by Ivory & Pearls is considered the moment of cancellation. In case of receipt after 17:00 or on the weekend, the next working day (Mon-Fri) is considered the date of receipt.
9.2 Cancellation fees
If a flight is included in the Trip, the following amounts are due in the event of cancellation by the Traveler:
a. up to and including 56 days before the day of departure: the cancellation costs of the flight + 20% of the remaining part of the travel sum;
b. from 55 days to 22 days before the day of departure: the cancellation costs of the flight + 50% of the remaining part of the travel sum;
c. from 21 days up to and including 7 days before the day of departure: the cancellation costs of the flight + 75% of the remaining part of the travel sum;
d. from 6 days before departure: 100% of the travel sum.
If no flight is included, the Traveler owes the following amounts:
a. up to and including 56 days before the day of departure: 20% of the travel sum;
b. from 55 days up to and including 22 days before the day of departure: 50% of the travel sum;
c. from 21 days up to and including 7 days before the day of departure: 75% of the travel sum;
d. from 6 days before departure: 100% of the travel sum.
Article 10 – Price change
10.1 Price change
Ivory & Pearls may reserve the right in the Agreement to increase or change the travel sum with regard to Agreements already entered into up to 20 days before the day of departure as a result of price changes in the costs of fuel or other energy sources, taxes or fees not the execution of the Trip involved third parties and/or exchange rates. The price revision method must be known before the booking and is part of the Agreement.
10.2 Termination by Traveler
If the increase amounts to more than 8% of the travel sum, the Traveler has the right to terminate the Agreement. In that case, the Traveler is entitled to an immediate refund of the amounts paid. Ivory & Pearls sets a reasonable term for the Traveler within which the Traveler must notify In Writing whether he is terminating the Agreement. If the Agreement is not terminated within the set term, the price increase will be deemed accepted and the right to termination will lapse.
10.3 Price reduction
If the right to a price increase or price change has been stipulated, the Traveler has the right to request a price reduction in accordance with the price revision method. An amount of EUR 30 in administration costs will be deducted from the amount due to the Traveler on the basis of any price reduction.
Article 11 – Change
Ivory & Pearls has the right to unilaterally change the Agreement before the start of the Trip insofar as it concerns non-drastic changes. The Traveler will be informed of this in Writing and in a clear manner.
11.2 Major changes
If necessary, Ivory & Pearls can radically change the main features of the Agreement before the start of the Trip. This also includes offering an alternative Trip that is of at least equal quality if reasonably possible. In that case, the Traveler can accept the change or terminate the Agreement without paying cancellation costs.
11.3 Change in an agreed special wish
If Ivory & Pearls cannot or cannot with reasonable effort meet an agreed special preference of the Traveler, Ivory & Pearls can change the Trip on this part. In that case, the Traveler can accept the change or terminate the Agreement without paying cancellation costs.
In the event of major changes, Ivory & Pearls will provide the Traveler with a reasonable period within which the Traveler must notify Ivory & Pearls in writing whether he is terminating the Agreement. If the Agreement is not terminated within the stipulated term, the amendment will be deemed accepted and the right to termination will lapse.
11.5 Price reduction
If the change results in a reduction in the quality or costs of the Trip, the Traveler is entitled to an appropriate price reduction.
In the event of major changes, the Organizer will immediately inform the Traveler of:
– the changes,
– the reasonable period within which the Traveler must notify Ivory & Pearls In writing of his decision whether the Traveler will terminate the Agreement,
– the consequence that if the Traveler does not respond in time, the change is considered accepted and the right to termination lapses.
– if offered, the content of a replacement Trip or the amount of the appropriate price reduction.
11.7 Reimbursement of paid travel sum
If the Traveler terminates the Agreement on the basis of this article, the travel sum already paid will be refunded to the Traveler without delay and at the latest within 14 days.
11.8 Compensation in case of rejection of the change
If the Trip is terminated and the cause of the change is attributable to Ivory & Pearls, Ivory & Pearls will offer the Traveler appropriate compensation. If the Trip is terminated and the cause of the change must be attributed to the Traveler, the resulting damage will be borne by the Traveler. If the Trip is terminated and the cause of the change cannot be attributed to either the Traveler or Ivory & Pearls the parties each bear their own damage.
Article 12 – Cancellation by Ivory & Pearls
The Organizer may terminate the Agreement before the start of the trip and refund the Traveler all amounts paid for the Trip without being liable for compensation:
a) in the event that the number of registrations is less than the minimum number stated in the Agreement and the Traveler is notified of the cancellation within the period specified in the Agreement, but at the latest:
– 20 days before the start of the Trip for a Trip of 6 days or more.
– 7 days before the start of the Trip for a Trip of 2 to 6 days.
– 48 hours before the start of the Trip for a Trip of less than 2 days.
b) in case of force majeure, which is understood to mean unavoidable and extraordinary circumstances.
12.2 Reimbursement of paid travel sum
In the above cases, Ivory & Pearls will refund amounts already received without delay and at the latest within 14 days. Costs incurred by the Traveler for services that fall outside the Agreement, such as vaccinations, visas, purchase material, insurance and, if not included in the Trip, the flight, tickets, accommodation, etc. are not reimbursed.
12.3 Termination at the fault of the Traveler
In the event that the Traveler does not meet the predefined participation requirements or if incorrect or incomplete information about experience, skills, physical or mental condition or other relevant topics is provided by or on behalf of the Traveler, Ivory & Pearls has the right to terminate the Agreement. This is without prejudice to other rights of the Organizer.
Executive of the trip
Article 13 – Responsibility
13.1 Proper execution of the trip
Ivory & Pearls is responsible for the performance of the Travel Services to which the Agreement relates, regardless of whether these Travel Services are performed by Ivory & Pearls itself or by another Travel Service Provider.
13.2 Changes in itinerary and travel times
Ivory & Pearls will inform the Traveler about changes in the itinerary or travel times. If Ivory & Pearls is not aware of the place of stay, the Traveler will only be informed at the email address or mobile phone number known to Ivory & Pearls.
Article 14 – Conformity & non-conformity
Ivory & Pearls must perform the Agreement in accordance with the expectations that the Traveler may reasonably have on the basis of the publications, the Agreement and the circumstances at the travel destinations.
14.2 Complaint obligation traveler
The Traveler shall immediately inform the Travel Service Provider and Ivory & Pearls in accordance with Article 18 of a non-conformity that the Traveler has discovered during the performance of a Travel Service included in the Agreement.
14.3 Solution by Ivory & Pearls.
Ivory & Pearls ensures that the reported non-conformity is remedied. The non-conformity need not be remedied if this is impossible or if it entails disproportionately high costs taking into account the degree of non-conformity and the value of the relevant Travel Services.
14.4 Solution by the Traveler
If the non-conformity is not remedied within a reasonable period of time set by the Traveler, the Traveler has the option to remedy the non-conformity himself and request a refund of the expenses.
14.5 Alternative trip
If a significant part of the Travel Services cannot be performed as agreed, Ivory & Pearls will offer a suitable alternative, at no additional cost to the Traveler. The Traveler is entitled to a price reduction if the alternative is of lower quality. The Traveler can only reject the offered alternative if it is not comparable or the price reduction is insufficient.
14.6 Termination by the Traveler in the event of significant consequences
If the non-conformity has significant consequences for the execution of the Trip and Ivory & Pearls has not remedied it within a reasonable period set by the Traveler, the Traveler may terminate the Agreement without payment of cancellation costs. If the Agreement also includes transport, Ivory & Pearls will also provide immediate repatriation of the Traveler with equivalent transport without additional costs upon termination by the Traveler.
14.7 Price reduction and compensation
In the event of termination pursuant to the previous paragraph or in the event that the Agreement is not terminated and no alternatives have been agreed, the Traveler is entitled to an appropriate price reduction and appropriate compensation.
14.8 Price reduction conditions
If the Traveler is entitled to an appropriate price reduction, this only applies to the period in which there was non-conformity. The Traveler is in no way entitled to a price reduction insofar as the non-conformity is attributable to the Traveler.
Article 15 – Help and assistance
15.1 Mandatory assistance
Ivory & Pearls shall provide immediate assistance and assistance to the Traveler if the Traveler is in a situation whereby assistance is needed, in particular by providing good information about medical services, local authorities and consular assistance and assisting the Traveler in the use of distance communication and in finding alternative travel arrangements.
The Organizer will charge a reasonable fee for the help and assistance if the difficulties have arisen through intent or negligence on the part of the Traveler.
Article 16 – Liability, compensation & exoneration
Compensation includes both damage suffered and compensation for lost travel enjoyment.
16.2 Attribution & force majeure
The Traveler is in no way entitled to compensation for damage incurred by the Traveler as a result of non-conformity, insofar as the non-conformity is due to:
a. the Traveler;
b. third parties who are not directly involved in the execution of the Agreement and the non-conformity could not be foreseen or prevented;
c. unavoidable and extraordinary circumstances.
16.3 Liability exclusion
Any liability of Ivory & Pearls for damage is limited to three times the travel sum, unless the damage results from the death or personal injury of the Traveler or the damage is caused by intentional or negligent act of Ivory & Pearls.
16.4 Liability exclusion under treaty or EU regulation
If Ivory & Pearls can be held liable for any damage, including damage resulting from the death or personal injury of the Traveler, this liability will in any case be limited or excluded to the limits allowed under the applicable international conventions and /or EU regulations pertaining to the individual Travel Services.
16.5 Insured damage
Ivory & Pearls is not liable for damage to the Traveler that is covered by insurance, such as health, travel or cancellation insurance.
Any claim by the Traveler for compensation for damage lapses two years after the Trip has taken place or if the Trip did not take place two years after the planned date of commencement.
16.7 No Accumulation of Fees
If, for the same event, compensation or compensation is due under international treaties or EU regulations, such as the Regulation on denied boarding, cancellation or long delay, such compensation or compensation shall not be cumulative with the compensation or price reduction under this Agreement. . The compensation or damages will be deducted from the damages or price reduction owed by Ivory & Pearls under this Agreement. For the above, it does not matter whether the compensation or compensation under international treaties or EU regulations is owed by Ivory & Pearls or a travel service provider engaged by it.
Obligations of the traveler
Article 17 – Obligations Traveler
17.1 Conduct and follow-up of directions
The Traveler must behave as a reasonably acting Traveler and is obliged to follow all instructions to promote the proper execution of the Trip from Ivory & Pearls and the Travel Service Providers.
17.2 Consequences of non-compliance – exclusion from participation
In the event of non-compliance with instructions or in the event that a Traveler causes nuisance, Ivory & Pearls or the Travel Service Provider has the right to partially or completely deny the Traveler further participation in the Trip or Travel Service. In such a case, the Traveler is not entitled to a refund of monies. Further costs incurred as a result are at the expense and risk of the Traveler.
Before proceeding to exclusion from participation, the Traveler will first be given a verbal or written warning. A warning is not required if this cannot be required of Ivory & Pearls or Travel Service Provider given the circumstances of the case, taking into account the behavior of the Traveler, the expected chance of improvement of the behaviour, the effect on the Trip and other Travelers, the risk of damage and the safety of the Travelers and others.
17.4 Traveller’s liability
The Traveler is liable for damage caused by his behaviour, non-compliance with the obligations in this article or damage that is otherwise attributable to him. The Traveler indemnifies Ivory & Pearls against claims from Travel Service Providers or third parties involved in the Trip for damage caused by the Traveler or attributable to him.
17.5 Checking the time of the return journey
The Traveler must verify the exact time of departure no later than 24 hours before the scheduled start of the return journey.
Article 18 – Complaints
Before the start of the Trip, Ivory & Pearls will provide the emergency contact details of Ivory & Pearls and, where applicable, its local representative.
18.2 Reporting on site
If the Traveler believes that the Trip is being performed non-conformly, he must report this non-conformity without delay, but in any case during the Trip to the relevant Travel Service Provider so that it can find a solution. If the representative of Ivory & Pearls is on site, the complaint must also be reported to the representative without delay. If there is no representative on site, the complaint must also be clearly reported to Ivory & Pearls. This notification can be made by [Whatsapp, SMS text message, by telephone or on working days (Mon-Fri) during Dutch office hours (9-17h) also by e-mail].Ivory & Pearls will send the Traveler a confirmation of the notification via the same medium and by e-mail.
18.3 Communication costs
The costs of the necessary communication with Ivory & Pearls will be refunded by Ivory & Pearls . The Traveler must limit the costs as far as possible, for example by making use of telephone calls via the internet, WhatsApp and e-mail.
18.4 Report unresolved complaint after return
All complaints that, in the opinion of the Traveler, have not been or have not been fully resolved or compensated during the Trip, must be submitted to Ivory & Pearls in Writing within two months of return, stating reasons. Ivory & Pearls is obliged to respond with reasons within one month of receipt of the complaint.
18.5 Consequences of not reporting the non-conformity or complaint or not reporting it in time
Not complaining or not complaining in time in accordance with the second paragraph of this article may affect the amount of any price reduction or compensation, unless the interests of Ivory & Pearls are not harmed by the late complaint. Complaints that are not received in time after return will not be processed, unless this is not reasonable in the circumstances of the case.
Article 19 – Other provisions
19.1 Third party rights
Subordinates, assistants and other third parties involved in the execution of the Agreement can invoke the provisions of the Agreement and these Terms and Conditions (including the liability exclusions) against the Traveler.
19.2 Replacement provisions
If mandatory law precludes the validity of a provision in these Terms or if a provision is annulled, that provision will be deemed to have been converted into a valid provision that approximates as closely as possible the original intention in content and intent.
19.3 Applicable law
The offer, the Agreement and the execution of the Agreement are exclusively governed by Kenyan law. Without prejudice to this choice of law, a consumer is entitled to the protection offered by the mandatory law of the country of his residence if Ivory & Pearls directs the commercial activities (including advertising) regarding the agreed Trip to the country where the consumer resident.