General travel conditions de-ruimte
APPLICABLE GENERAL CONDITIONS DE-RUIMTE AMSTELVEEN
Introduction
De-ruimte Amstelveen acts as a travel organizer and/or travel agent offering pre-arranged trips under its own name. In such 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 based and operating in Amstelveen, registered with the Chamber of Commerce under number 34 32 75 32. De-ruimte acts as a travel organizer.
1.2. "Travel organizer":
If de-ruimte offers pre-arranged (package) trips to the public or groups under its own name in the course of its business, it acts as a travel organizer.
1.3. "Travel agent":
If de-ruimte advises, informs, and mediates in concluding agreements between the traveler and providers of (touristic) services, such as booking accommodations, transport, dining, or other individual services, de-ruimte acts as a travel agent (intermediary/booking office). In this role, de-ruimte does not act under its own name but as an intermediary or agent within the meaning of article 7:400 of the Dutch Civil Code.
1.4. "Tailor-made trip":
If de-ruimte, on request or otherwise, composes a package trip within the meaning of article 7:500 of the Dutch Civil Code, which it offers under its own name, this may constitute a travel agreement with de-ruimte acting as travel organizer.
1.4. "Traveler":
The client who is the counterparty of the travel organizer, or the person on whose behalf the trip is booked (travel companion) and 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, where de-ruimte commits to providing a pre-arranged (package) trip that includes at least one overnight stay or a period exceeding 24 hours, and at least two of the following services: a. transport; b. accommodation; c. another tourist service or service unrelated to transport or accommodation that forms a significant part of the trip.
1.6. "Service provider":
Transport companies such as coach operators or airlines, and providers of other services like accommodation (hotel and/or lodging), travel organizers, and other travel-related service providers with whom the traveler concludes agreements through the mediation of the travel agent. The service provider is responsible for delivering these services. De-ruimte is not liable unless it has committed as a travel organizer of a package trip under its own name.
ARTICLE 2 APPLICABILITY OF GENERAL CONDITIONS
2.1 These General Conditions apply to all offers, proposals, travel agreements, and contracts where de-ruimte is a party. These conditions include limitations of liability.
2.2 When acting as a travel agent (booking office), mediating in booking accommodations, transport, or other tourist services, these General Conditions apply to the mediation, including article 7 which outlines de-ruimte's liability limits as travel agent/booking office.
2.3 When acting as a travel organizer, especially by offering a so-called package trip within article 7:500 of the Dutch Civil Code, these General Conditions apply alongside statutory provisions, particularly article 8, which addresses liability limitations of de-ruimte.
ARTICLE 3 RESERVATIONS / CANCELLATIONS (see 3.12)
FORMATION AND CONTENT OF THE AGREEMENT
3.1.1 De-ruimte's offers are non-binding and may be revoked if necessary. Revocation due to errors in price calculation or other mistakes is permitted. Revocation must occur within 48 hours after acceptance, stating reasons.
3.2 By accepting the offer, including de-ruimte's conditions, the traveler enters into an agreement to which these conditions apply. The traveler will receive an electronic confirmation of the booking.
3.3 De-ruimte may refuse a booking or exclude a traveler during a trip without explanation, for example due to misconduct or behavior that disrupts others' enjoyment.
3.4 When the traveler engages de-ruimte as travel agent to book accommodations, transport, or other tourist services between traveler and service provider, this counts as an assignment under article 7:400 of the Dutch Civil Code. The traveler is bound by this assignment regardless of whether a confirmation is issued. Any fees payable to de-ruimte will be disclosed in advance.
3.5 If the travel agent incurs obligations toward third parties on behalf of the traveler, especially service providers, the traveler is bound by those obligations.
3.6 The traveler is jointly and severally liable for fulfilling all obligations toward de-ruimte and involved service providers arising from the agreement. Other traveling parties are liable for their own commitments toward the travel agent, organizer, or service providers.
3.7 No rights can be derived by the traveler from prices or information on the website, brochures, confirmations, or other materials. The traveler must verify the information on the confirmation.
3.8 Obvious errors or mistakes in the travel offer do not bind de-ruimte. Such errors are those that would be clearly apparent to an average traveler at first glance.
3.9 When booking or concluding agreements, the traveler must provide all relevant data about themselves and fellow travelers. De-ruimte is not liable for consequences of incomplete or incorrect information. Any resulting costs are borne by the traveler. Regarding personal data, de-ruimte complies with Dutch standards and requires relevant personal information important for the trip's execution, including physical or mental conditions or other factors relevant to the traveler or group.
3.10 Participants should be in good physical and mental health and condition. If you doubt the suitability of a trip, please email us. Failure to comply may lead to exclusion without refund.
3.11 Prices of reserved/booked services may change according to the service provider's terms. Changes will be communicated and charged to the traveler promptly.
3.12 Cancellations or changes to agreements can only be made upon the traveler's request. Costs related to cancellations or changes will be charged. Cancellation must be confirmed in writing (de-ruimte Amstelveen, Kostverlorenweg 1d, 1183TM Amstelveen) and by email (info@de-ruimte.net). The postmark date counts as the notification date. Due to the complexity of arrangements, cancellation fees apply as follows:
· At booking confirmation: full deposit as specified per trip
· Up to 6 weeks before departure: 50% of the trip price;
· Between 6 and 3 weeks before departure: 75% of the trip price;
· From 3 weeks until departure day: 100% of the trip price.
If canceled after confirmation, 100% of flight ticket costs will be charged if included in the package. Changes can be requested up to 4 weeks before departure. If not a cancellation and accepted by service providers, changes may be made with associated fees passed on. If part or all of the trip is subcontracted to a third party (Dutch or foreign travel organization, independent organizer, or accommodation provider), the third party's change policies apply primarily.
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 times. This may result in fewer actual days at the destination than stated.
3.15 Some trips require a minimum number of participants; if not met, the trip will not proceed. The cancellation deadline for insufficient participation is 14 days before departure. The minimum is stated with the trip. De-ruimte may terminate the agreement immediately if minimum numbers are not reached.
3.16 If the minimum is not met, de-ruimte will try to proceed to avoid disappointment. Options may include:
• continuing with a price increase
• offering an alternative departure date
• offering an alternative trip
• a combination of these options.
3.17 Local conditions and special destinations may require changes to the itinerary before or during the trip, including due to persistent bad weather. Such changes may affect routes, excursions, accommodations, and local transport from the published program. De-ruimte and its providers will offer alternatives maintaining the trip's character as much as possible. The traveler may only reject changes if no reasonable alternative exists and the change causes significant disadvantage. Such changes do not affect the trip price unless agreed otherwise, nor do they entitle the traveler to damages from the organizer.
3.18 Travel insurance is mandatory. De-ruimte strongly advises travelers to take out comprehensive travel, baggage, accident, health, and cancellation insurance. If insurance is arranged elsewhere, all necessary data for effective support must be provided to us 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 timeframe unless otherwise stated.
4.2 De-ruimte is authorized to collect payments on behalf of service providers if needed.
4.3 Failure to pay (deposits) on time puts the traveler in default and the agreements are considered canceled. De-ruimte may then charge cancellation fees as in article 3.13 or offset against received deposits.
4.4 Refunds are only made to the traveler.