This guarantee plan sets out the conditions under which Sedgwick Nederland TPA B.V., having its registered office in (3016 DG) Rotterdam, the Netherlands, and having its principal place of business at Westerstraat 21 in 3016 DG Rotterdam (referred to hereinafter as ‘Sedgwick TPA’) will make payments to customers who suffer loss or damage as a consequence of a failure on the part of EXPEDIA INC., established at 333, 108th Avenue NE, Bellevue, WA 98004, United States of America (hereinafter referred to as ‘Expedia’) to perform Travel C (as defined below) if said failure is the result of Expedia’s insolvency.
Sedgwick TPA will administer this plan, based on a surety bond entered into between Expedia and a third party, in which Sedgwick TPA has been appointed as claims handler and administrator.
In this guarantee plan, 'Travel Service' means:
c. rental of cars or other motor vehicles;
d. other tourist services not ancillary to transport or accommodation and accounting for a significant proportion of the package.
In this guarantee plan, 'Travel Contract' means a booking made with respect to a:
A. Package Travel - A combination of at least two different types of Travel Services for the purpose
of the same trip or holiday, if:
1. purchased from a single point of sale and those services have been selected before the customer agrees to pay,
2. offered, sold or charged at an inclusive or total price,
3. advertised or sold under the term 'package' or similar term,
4. combined after the conclusion of a contract by which Expedia entitles customer to choose among a selection of different types of travel services, or
5. purchased from separate traders through linked online booking processes where the customer's contact details are transmitted from Expedia to another trader and a contract with the latter trader is concluded within 24 hours after confirmation of the booking.
B. Linked travel arrangement (referred to hereinafter as 'LTA')
At least two different types of Travel Services purchased for the purpose of the same trip or holiday, not constituting a package, resulting in the conclusion of separate contracts with Expedia and other individual travel service providers, if Expedia facilitates:
Scope of the guarantee plan
Sedgwick TPA will make payments in cases where: -
a. The customer or travel agent has entered into a Travel Contract with Expedia via the website www.expedia.nl and Expedia fails to perform the contract owing to its insolvency. Insolvency on the part of Expedia shall be deemed to have taken place if any of the following occurs:
What will be paid?
The compensation will not exceed the amount that the customer paid for the Travel Contract.
If only part of the trip/accommodation was enjoyed, the compensation will not exceed the
prorated portion of the amount paid.
The protection for customers will cover at least the foreseeable amounts of payments affected
by Expedia's insolvency and, where the carriage of passengers is included in the Travel
Contract, Sedgwick TPA will arrange the return trip if the destination has already been
reached. Where Expedia has offered an LTD, Expedia is only responsible for the return trip if
Expedia carried the responsibility for the carriage of passengers.
In case Expedia offers a LTD, customers can not benefit from any rights applying exclusively
to Package Travel. Each service provider will be solely responsible for the proper contractual
performance of his service.
The following costs, without limitation, are excluded from compensation:
a. Insurance premiums;
b. Policy fees;
c. Amendment costs;
d. Fax and telephone costs;
e. Costs for obtaining a visa etc.
f. In the event of costs incurred in connection with Article 1b: the procedural costs
incurred and statutory interest.
Compensation will be paid only if the Travel Contract was paid using a credit card or by means of a transfer via iDeal. Travel Contracts paid with trading stamps, coupons, Air Miles and suchlike are not covered under this guarantee plan.
Travel/accommodation costs paid after the customer was able to learn from Expedia’s website
and/or via announcements in the press of the fact that Expedia has become incapable of
paying and the customer could reasonably have known that payment or further payment of
the Travel Contract should not have been made, are not eligible for compensation.
Sedgwick TPA reserves the right to arrange a substitute service (travel/accommodation)
instead of refunding the Travel Contract that has already been paid. The conditions agreed
with Expedia also apply to the substitute service.
Sedgwick TPA furthermore reserves the right to afford the customer the opportunity to choose
between a refund of sum paid for the Travel Contract or the performance of a substitute
Sedgwick TPA is not obliged to perform a substitute service (travel/accommodation). The
customer cannot in any instance demand that Sedgwick TPA deliver a performance other than
refunding the travel/accommodation costs paid by the customer or arranging the return trip.
The customer can submit his claim no later than 2 months after he could reasonably have
been aware of Expedia’s inability to pay and/or he could reasonably have known that Expedia
was unable to fulfil its obligations in respect of the customer.
If the situation as described in Article 1b of this guarantee plan arises, the time limit within
the meaning of Article 11 will commence on the date of the judgment if the date of the
judgment falls after the commencement of the inability to pay. If the date of the judgment
falls before the commencement of the inability to pay, and a period of more than 3 months
has elapsed between these two dates, no compensation will generally be paid, unless the
customer makes a plausible case that all possible measures were taken to execute the
judgment, which will be at Sedgwick TPA’s exclusive discretion.
Failure to submit the claim on time and in full will result in the lapse of the claim for
Only complete claims are eligible for compensation. The claim is complete if it contains the
a. The booking confirmation and the invoice;
b. The relevant proof of payment; and
c. Other original travel documents such as waybills, airline e-tickets, hotel, car rental or
excursion vouchers and suchlike.
Claims can be submitted as described on the website www.Sedgwick.com. The customer must
follow all other instructions given by Sedgwick TPA with regard to the filing of the claim.
Assignment and subrogation
If Sedgwick TPA makes payments to or for the benefit of the customer, Sedgwick TPA will subrogate to the customer’s rights in respect of Expedia.
If Sedgwick TPA so requests, the customer must cooperate with an assignment of his rights
in respect of Expedia to Sedgwick TPA. At Sedgwick TPA’s first request, the customer must
sign the deed or deeds of assignment with regard to the above-referenced rights based on a
model or models established by Sedgwick TPA, for the amount of his claim.
As long as the customer fails to comply with the obligation established above, he will not be
entitled to any compensation.
Sedgwick TPA will at all times be entitled to amend this guarantee plan.
The guarantee plan most recently established at the time of the booking is binding.
Version 3 December 2018