These general terms and conditions of service apply to all obligations, either from agreement or from the law, between Inn2Travel, hereinafter referred to as the organizer on the one hand and the client or third parties (such as the participants invited by them) on the other hand. These conditions also apply to auxiliary staff or employees of the organizer. The applicability of general terms and conditions applied by the client is explicitly excluded.
The scope and the nature of the services to be provided by the organizer are exclusively determined by the offer made by the organizer in writing or by electronic means and accepted by the client (hereafter “offer”). Any changes must be made by the express written consent of the organizer. Obvious errors and mistakes do not bind the organizer. The organizer bears no responsibility for photographs, leaflets and other information material, insofar as issued by or under the responsibility of third parties.
The agreement is concluded by acceptance by the client of the offer from the organizer. The organizer’s offer is non-committal and can be revoked by these if necessary. Revocation must take place as soon as possible, but no later than 2 working days after acceptance by the client. Before or at the conclusion of the agreement or as soon as possible thereafter, the client shall provide all information concerning himself and the other participant(s) required for the proper execution of the agreed services.
INFORMATION IN ADVANCE AND FINAL RESPONSIBILITY
The information about the trip or the event to the participants is provided by the client, but only after prior consultation with the organizer. If desired, the organizer will take care in time to provide written information about the itinerary and the accommodation addresses; this will be further distributed by the client. The management of the trip / during the event rests solely with the representative of the organizer.
- The price, calculated on the basis of the program proposal submitted with the quotation, the total travel sum, unless expressly agreed otherwise.
- Any unforeseen (extra) expenses are only made after consultation with the client and if possible on the spot or afterwards still charged to a separate invoice, increased by a further specified in the quotation.
- The price is based on the prices, exchange rates and taxes, as known to the organizer when the offer was made.
- The organizer has the right to increase the price up to 14 days before the start of the trip or the event in connection with changes in transport costs (including fuel costs) or other supplier costs, the fees due and / or the applicable exchange rates. The organizer will indicate how the increase has been calculated. The client does not have the right to compensation.
- In order to secure the services provided by the executive service providers such as carriers and accommodation providers, the organizer must bind them in time and, in return, subject them to the payment and cancellation conditions that they apply. Therefore, unless otherwise agreed in writing, the following payment terms apply:
- a. 20% of the total amount of the travel sum stated in the offer. Flight tickets must be paid immediately upon acceptance of the offer;
- b. the remainder of the total amount still due must be paid no later than 30 days before the departure date.
- Payment must be made in the manner and currency indicated in the quotation or invoice.
- The invoices referred to in paragraph 2 must be paid no later than 7 days after the invoice date.
- In the event of overdue payment or security for the fulfillment of the payment obligations, the client is in default and the organizer can terminate the contract after summons, in which case funds already paid will not be refunded and, in addition, the provisions of article 7 will apply mutatis mutandis.
CHANGES BY THE CLIENT
- Changes to parts of the trip or the program at the request of the client will be carried out by the organizer as far as possible. However, any additional costs charged by the implementing service providers will be passed on with a surcharge specified in the tender.
- Reduction of the number of participants in the trip or the program is regarded as a (partial) cancellation by the client to which article 7 paragraph 3 applies.
CANCELATION BY THE CLIENT
- Cancellation must be submitted in writing or by email to the organizer.
- Unless otherwise agreed in writing, in case of cancellation by the client, the following amounts will immediately be due and payable:
- A. in the event of cancellation up to 30 days before departure: the amount stated in Article 5 paragraph 1 under a;
- B. in case of cancellation up to 14 days before departure: 50% of the total travel sum with the exception of flight tickets for which the client has not taken out cancellation insurance;
- C. in case of cancellation from the 13th day before departure or later: the entire travel sum as well as the amounts already invoiced as referred to in Article 4, paragraph 2.
- If the client cancels the agreement with regard to one or more participant (s), the above percentages shall apply multiplied by the travel sum per person and multiplied by the canceled number of participants. If this means that the number of participants falls below the minimum number of participants indicated in the offer, the organizer has the right to increase the travel sum for the remaining participants. If the client rejects this increase, this rejection will count as cancellation of the agreement as soon as the notification of the rejection reaches the organizer.
- If, in the event of cancellation, an executing service provider does not charge the organizer with a cancellation fee or a lower cancellation fee than would be contractually due, the organizer shall in turn reduce the cancellation sum accordingly.
NOT PROCEEDING / CHANGES
- If the trip or the event can not take place, the organizer is obliged to inform the client of this immediately. Because of this notification, the agreement applies as dissolved.
- If the trip has to be changed on one or more essential points, the organizer is obliged to inform the client of this without delay, together with a statement of any additional costs. If the client can not reasonably be required to let the journey continue, the client has the right to terminate this agreement. This right expires 48 hours after the notification has reached him.
- If the trip can not take place or must be changed due to circumstances, about which the organizer can not be blamed – such as a prohibition or a command of the Disasters Committee and the agreement is dissolved in accordance with the above, the organizer is obliged all money paid by the client, which it still holds, to be returned to the client immediately. It also undertakes to recover amounts already paid and, where possible, to address liable third parties for the damage suffered by the client and itself. However, more than that, the organizer is not obliged towards the client, except for his own intent or gross negligence. In that case he must refund all prepaid money and compensate any damage.
- If the cause of the dissolution can be attributed to the client, the resulting damage will be for the account of the client.
- Contrary to and to the exclusion of Section 6:75 of the Netherlands Civil Code, force majeure means unforeseen circumstances that are independent of the will of the person invoking it and the consequences of which could not be avoided despite all precautionary measures.
- In the event of force majeure on the part of the organizer, it is at all times entitled to dissolve the agreement by means of a written statement, in which case the client is not entitled to compensation of any kind.
- In case of force majeure each bears his own damage. For the organizer this includes the extra effort of manpower. For the client, this includes additional accommodation and transportation costs.
EXCLUSIONS & LIMITATIONS
- The organizer is never liable for any damage whatsoever suffered by the client, the participant and / or third parties unless the damage is the direct consequence of intent or gross negligence of the organizer. In no case is the organizer obliged to pay a higher amount of compensation than the invoice value. If mandatory law permits only a less extensive limitation of liability, that less restrictive restriction applies.
- The organizer accepts no liability for damage for which the usual medical expenses / accident, travel and / or cancellation insurance policies cover.
- The organizer accepts no liability for damage that is directly or indirectly related to the exercise of a profession or business.
- If the organizer is liable by virtue of an agreement or law for the damage suffered by the client or a participant, his liability shall be limited or excluded in accordance with the applicable international conventions.
- If the organizer is liable for the loss of (travel) enjoyment of one or more participants, the fee per participant shall not exceed the applicable per person calculated travel sum, with a maximum of the stipulated in paragraph 1.
- Without prejudice to the provisions of the preceding paragraphs of this article, the liability of the organizer for damage other than that caused by death or injury of a participant is limited to a maximum of three times the per person calculated travel sum with a maximum of the stipulated in paragraph 1.
- The exclusions and / or limitations of the liability of the organizer included in this article also apply to suppliers of the organizer, unless this is precluded by treaty or law.
- The client indemnifies the organizer completely against all claims of whatever nature of the participants and / or third parties arising from or connected with this agreement.
- The client is jointly and severally liable for the participants.
DOCUMENTS / VISA / VACCINATIONS
- The client must ensure that the participants are in possession of the necessary travel documents, such as passport, visa, vaccination certificates, etc., on departure and during the trip.
- If a participant is unable to complete the voyage or fails to do so due to the lack of one of the documents referred to above, this will be fully at his expense and for that of the client.
- After the conclusion of the agreement, the client himself will obtain the necessary additional information from the relevant authorities and also check in good time before departure whether the previously obtained information has not been changed in the meantime.
- The participant (s) is / are obliged to comply with all indications of the organizer to promote the proper execution of the trip or the event and is / are liable for damage caused by his / their unauthorized behavior, to be assessed according to the measure of the behavior of a correct participant. The client is jointly and severally liable.
- The participant who generates or can cause nuisance, such that a proper execution of a trip or the event is, to a large extent, more difficult or difficult to do, can be determined by the organizer of (continuation of) the trip or the event excluded, if it can’t reasonably be expected that the agreement will be complied with. All resulting costs are for the account of the client.
- The client and/or the participants are obliged to avoid possible damage or limit it as much as possible, in particular by reporting this immediately to the organizer.
- If the client does not fulfill a financial obligation at the organizer on time, the legally valid interest is owed on the outstanding amount for each month or part of a month of the delay. Furthermore, he is obliged to reimburse extrajudicial collection costs equal to 15% of the demanded, with a minimum of € 100, -.
A shortcoming in the execution of the agreement must be reported as soon as possible to the service provider concerned, so that it can find an appropriate solution. If the shortcoming is not resolved within a reasonable period of time and detracts from the quality of the trip or the event, it must be reported immediately to the representative of the organizer. If this is not available or accessible, the participant must immediately contact the organizer.
If a complaint is not satisfactorily resolved, this must be reported no later than 2 weeks after return and preferably during the evaluation meeting between the client and the organizer. Claim rights under this agreement expire one year after the end of the trip (or, if the trip has not taken place, one year after the original departure date).