Terms & Conditions
These Terms and Conditions apply to all our offer and bookings, unless communicated otherwise.
General terms and conditions
- These general terms and conditions apply to all offers, propositions and contracts with Travel Organisation Holland=.
- These general terms and conditions are also written, for the staff and employees of Travel Organisation Holland=.
- Any person who enters into a contract with Travel Organisation Holland= on behalf of or for the benefit of another person is severally liable for all obligations arising from the contract.
- If the counter party has included general terms and conditions that conflict with the general terms and conditions of Travel Organisation Holland=, the terms and conditions of Travel Organisation Holland= prevail, unless explicitly and written agreed by both parties.
Contract / Prices / Payments
- Prices only includes that what is explicitly offered in the contract by Travel Organisation Holland=.
- Prices exclude VAT, governmental levies, unless they have been indicated in the contract.
- All propositions and offers made by Travel Organisation Holland=, are without engagement. Without mentioning of a period of acceptance, there cannot be any liability or claim on the propositions done by Travel Organisation Holland=.
- The contract applies only to the date and duration mentioned in the contract.
- Travel Organisation Holland= is allowed to let third parties carry out (parts of) the contract. Articles 7:404, 7:407 lid 2 and 7:409 BW are explicitly excluded.
- Counter parties are liable themselves for adequate insurance (e.g. cancellation, health, loss of property).
- Payments need to be made in the currency mentioned in the contract.
- Upon conclusion of a contract with Travel Organisation Holland= an advance payment must be paid of 20% of the total agreed sum within 14 days.
- If the performance agreed upon, starts/takes place within 14 days, the total agreed sum must be paid immediately and in full.
- The remainder of the agreed upon sum must in all cases be received by Travel Organisation Holland= no later than 14 days before the performance agreed upon starts/takes place.
- In case of late payment, the counter party is without prior notification automatically in default. Travel Organisation Holland= has in that case the right to terminate the contract. Travel Organisation Holland= has the right to claim the costs which have already been made for the contract.u.
Cancellation / Termination of the contract
- A counter party can only cancels the contract by means of a letter or email to Travel Organisation Holland =. Date of cancellation, is when Travel Organisation has received the letter of email. The counter party is liable to pay cancellation charges.
These charges are as follows:
- Cancellation to (but not including) 14 days prior to (the start of) the agreed performance: the deposit.
- Cancellation between 8 days (included) and 14 days (included) prior to (the start of) the agreed performance: 50% of the agreed sum.
- Cancellation within 7 (included) days of (the start of) the agreed performance: the full-agreed sum.
- Cancellation charges must be paid within 14 days after the cancellation has been confirmed by Travel Organisation Holland=, after which the counter party is automatically in default.
- Travel Organisation Holland= may terminate the contract because the counter party is in default. Travel Organisation Holland= is at all times entitled to keep the deposit for damages as well as to claim real damages, if the would exceed the sum of the deposit.
- If Travel Organisation Holland= terminates the contract, before the start of the contract, because they are unable to supply the contract a full refund will be made to the counter party.
Unexpected and Substantial circumstances
- If unexpected circumstances arise, that will lead to an increase of costs for Travel Organisation Holland=, Travel Organisation Holland= is entitled to increase the agreed upon sum.
- Travel Organisation Holland= will notify the counter party as soon as possible of the unexpected circumstances as well as indicate how the increase calculated.
- If due to unexpected circumstances (a) certain item(s) of the agreed performance must be cancelled, Travel Organisation Holland= shall make the counter party an alternative offer.
- Travel Organisation Holland= is permitted to change a non-substantial aspect of the agreed performance due to unexpected circumstances.
- Travel Organisation Holland= will communicate as soon as possible the unexpected circumstances as well as the change to the counter
- Travel Organisation Holland= has the right to cancel the contract because of substantial circumstances. Travel Organisation Holland= has the right to claim the already fulfilled items of the program, of the counter party.
- When the counter party request for adjustments, after the deposit has been made, so also during the contract, Travel Organisation Holland= assesses the possibilities. When it is possible to make the adjustment, third party has to pay for the additional costs made by Travel Organisation Holland=.
Substantial circumstances are circumstances that are of such a nature that Travel Organisation Holland= can no longer be reasonably required to fulfil its obligations arising from the contract.
- The liability of Travel Organisation Holland= is limited to any amount paid by the insurance company where Travel Organisation
Holland= has contracted its liability policy. Upon request, a copy of the policy will be sent to the counter party, free of charge.
- Travel Organisation Holland= is not liable for any damage suffered by the counter party due to cancellation of the contract, save refund of the sums paid, in case of cancellation by Travel Organisation Holland=.
- In case of cancellation by Travel Organisation Holland=, not delivered services of the contract will be refunded.
- Travel Organisation Holland= is not liable for any circumstances where Travel Organisation has no influence on, including weather conditions, traffic delays, visiting hours etc.
Applicable law and disputes
- All contracts with Travel Organization Holland= are governed by Dutch Law, even when parts or the full contract has been performed in a foreign country and even when the counter party has his residence outside the Netherlands. The relevance of the Viennese Buy treaty is excluded.
- In case any disputes might occur, this should be settled in front of the Dutch courts exclusively.
- Before calling upon a judge, both parties will make their best efforts to settle their differences between themselves.
- These General Terms & Conditions have been deposited by the Dutch Chamber of Commerce in the city of Tiel.
- Only the last deposited General Terms & Conditions apply to the contract.
- The Dutch text of these General Terms & Conditions are determinative for explanation of it.