General Travel Conditions de-ruimte
APPLICABLE GENERAL CONDITIONS DE-RUIMTE AMSTELVEEN
Introduction
De-ruimte Amstelveen offers pre-arranged trips in its capacity as a tour operator and/or travel agent under its own name. In these cases, a travel agreement is formed between de-ruimte and you (see also article 8).
ARTICLE 1 DEFINITIONS
In these General Conditions the following terms are defined as:
1.1. "De-ruimte Amstelveen":
a company established and operating in Amstelveen, registered with the Chamber of Commerce under number 34 32 75 32. De-ruimte acts as a tour operator.
1.2. "Tour operator":
If de-ruimte offers pre-arranged (package) trips to the public or groups in its business activities under its own name, it acts as a tour operator.
1.3. "Travel agent":
If de-ruimte advises, informs, and mediates in establishing an agreement between the traveler and a supplier of (tourist or non-tourist) services, such as booking accommodation, transport, dining, or other separate services, de-ruimte acts as a travel agent (mediator/intermediary/booking office). De-ruimte does not act under its own name as a travel agent but as an intermediary or contractor within the meaning of article 7:400 of the Dutch Civil Code.
1.4. "Tailor-made trip":
When de-ruimte, at the customer's request or otherwise, composes a package trip within the meaning of article 7:500 of the Dutch Civil Code and offers it under its own name, a travel agreement may be formed in which de-ruimte acts as a tour operator.
1.4. "Traveler":
The customer who is party to the tour operator, or the person for whom the trip is booked (the travel companion), who has accepted the booking on their behalf.
1.5. "Travel agreement":
The agreement as referred to in article 7:500 of the Dutch Civil Code, in cases where de-ruimte commits to providing a pre-arranged (package) trip including an overnight stay or lasting more than 24 hours and at least two of the following services: a. transport; b. accommodation; c. another tourist service not related to transport or accommodation that forms a significant part of the trip.
1.6. "Service provider":
The carrier such as a coach company, airline, or provider of other services like accommodation (hotel and/or accommodation provider), tour operators, and/or other travel-related service providers with whom the traveler enters into an agreement through mediation by the travel agent. The service provider is responsible for delivering these services. De-ruimte is not responsible unless it has committed as a tour operator under its own name to the traveler.
ARTICLE 2 APPLICABILITY OF GENERAL CONDITIONS
2.1 These General Conditions of de-ruimte apply to all offers, quotations, travel agreements, and contracts in which de-ruimte is a party. These conditions include limitations of liability.
2.2 When de-ruimte acts as a travel agent (booking office) and mediates bookings of accommodation, transport, or other tourist services, these General Conditions apply to the mediation, including article 7 which contains limitations of liability of de-ruimte as travel agent/booking office.
2.3 When de-ruimte acts as a tour operator, especially by offering so-called package trips within the meaning of article 7:500 of the Dutch Civil Code, the applicable legal provisions and these General Conditions apply, particularly article 8 which includes limitations of liability of de-ruimte.
ARTICLE 3 RESERVATION / CANCELLATION (see 3.12)
FORMATION AND CONTENT OF THE AGREEMENT
3.1.1 The offer from de-ruimte is non-binding and may be withdrawn if necessary. Withdrawal is allowed in case of errors in the calculation of the travel price or other mistakes. Withdrawal must take place within 48 hours after acceptance of the offer, stating reasons.
3.2 By accepting de-ruimte's offer and its conditions, a binding agreement is formed to which these conditions apply. The traveler will receive an electronic confirmation of the booking after the agreement is made.
3.3 De-ruimte is entitled to refuse a booking or exclude a traveler during a trip without giving reasons, for example due to misconduct or behavior negatively affecting other participants or guides.
3.4 If the traveler engages de-ruimte as a travel agent to book accommodation, transport, or other tourist services between the traveler and the service provider, this constitutes a contract under article 7:400 of the Dutch Civil Code. The traveler is bound by this contract regardless of whether a confirmation is given by the travel agent. If a fee is charged for a service by de-ruimte, this will be communicated in advance.
3.5 If the travel agent incurs obligations to third parties, especially service providers, on behalf of the traveler, the traveler is bound by these obligations.
3.6 The traveler is jointly and severally liable for all obligations towards de-ruimte and the involved service providers arising from the agreement or contract. Other traveling persons are liable for their own part towards the travel agent, tour operator, or service providers.
3.7 No rights can be derived from prices or other information on the website, brochures, confirmations, or other communications from de-ruimte. The traveler must verify all information on the confirmation.
3.8 Obvious errors or mistakes in the travel offer do not bind de-ruimte. Such errors are those that a reasonable traveler would recognize at first glance.
3.9 When booking with de-ruimte and the service providers, the traveler must provide all relevant information for themselves and fellow travelers. De-ruimte is not liable for consequences or damages from incomplete or incorrect information. All resulting costs are the traveler's responsibility. Regarding personal data, de-ruimte follows applicable Dutch standards and requires information relevant for the trip's execution, including physical or mental disabilities or other conditions important for the traveler or group.
3.10 Participants must be in good physical and mental health and condition. If in doubt about suitability, please email us. Non-compliance may lead to exclusion without refund.
3.11 Prices of reserved or booked services may be changed according to service provider conditions. Such changes will be communicated and charged to the traveler as soon as possible.
3.12 Cancellations or changes to agreements can only be made at the traveler's request. Costs related to cancellations or changes will be charged. Cancellations must be confirmed in writing (de-ruimte Amstelveen, Kostverlorenweg 1d, 1183TM Amstelveen) and by email (info@de-ruimte.net). The postmark date is the cancellation date. Due to the complexity, cancellation fees apply as follows:
· At booking confirmation: full deposit as indicated per trip
· Up to 6 weeks before departure: 50% of the trip price;
· From 6 to 3 weeks before departure: 75% of the trip price;
· From 3 weeks until departure day: 100% of the trip price.
If cancellation occurs at any time after confirmation, de-ruimte charges 100% for flight tickets if included in the package. Up to 4 weeks before departure, the traveler may request changes that are not cancellations and accepted by service providers. Change fees apply. If the trip or part is subcontracted to a third party, their change conditions apply.
3.13 All communications from de-ruimte or service providers will be addressed solely to the traveler.
3.14 For trips including transport, days of departure and arrival count as full days regardless of time. This may result in shorter actual stays than stated.
3.15 Some trips require a minimum number of participants. If not met, the trip may be canceled up to 14 days before departure. The minimum number is stated with the trip. De-ruimte may cancel immediately if the minimum is not reached.
3.16 If the minimum is not reached, de-ruimte will try to proceed to avoid disappointment. Options include:
• Carrying out the trip with a price increase
• Offering an alternative departure date
• Offering an alternative trip
• A combination of the above
3.17 Local conditions and special destinations may require itinerary changes before or during the trip. Changes due to bad weather are also possible. Such changes may affect routes, excursions, accommodations, and local transport from what is published. De-ruimte and its providers will offer alternatives preserving the trip's character as much as possible. The traveler may only refuse changes if no reasonable alternative exists and the change causes significant disadvantage. These changes do not affect the trip price nor entitle the traveler to compensation unless agreed otherwise.
3.18 Travel insurance is mandatory. De-ruimte strongly advises obtaining comprehensive travel, baggage, accident, health, and cancellation insurance. If insured elsewhere, all necessary data for assistance must be provided before departure via info@de-ruimte.net. Proper insurance is essential.
ARTICLE 4 PAYMENTS
4.1 Amounts due must be paid to de-ruimte within the specified deadlines unless otherwise indicated.
4.2 De-ruimte is authorized, if necessary on behalf of service providers, to collect due amounts.
4.3 If payment or deposit is not made on time, the traveler is in default and agreements are considered canceled. De-ruimte may charge cancellation fees as per article 3.13 or deduct from deposits received.
4.4 Refunds are made only to the traveler.