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General travel conditions de-ruimte
APPLICABLE GENERAL TERMS AND CONDITIONS DE-RUIMTE AMSTELVEEN
Introduction
De-ruimte Amstelveen offers pre-arranged trips under its own name as a tour operator and/or travel agent. In these cases, a travel agreement is established between de-ruimte and you (see also article 8).
ARTICLE 1 DEFINITIONS
In these General Terms and Conditions, the following definitions apply:
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 tour operator.
1.2. 'Tour operator':
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 tour operator.
1.3. 'Travel agent':
If de-ruimte advises, informs, and mediates in establishing agreements between the traveler and providers of (touristic or other) services, such as booking accommodations, transport, dining, or other individual services, it 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 contractor within the meaning of article 7:400 of the Dutch Civil Code.
1.4. 'Tailor-made trip':
If de-ruimte composes a package trip, on request or otherwise, within the meaning of article 7:500 of the Dutch Civil Code, offered under its own name, this may result in a travel agreement where de-ruimte acts as tour operator.
1.4. 'Traveler':
The client who is the counterparty of the tour operator, or the person on whose behalf the trip is booked (the travel companion) and who has accepted this booking on their behalf.
1.5. 'Travel agreement':
The agreement referred to in article 7:500 of the Dutch Civil Code, where de-ruimte commits to providing a pre-arranged (package) trip including at least one overnight stay or lasting more than 24 hours and at least two of the following services: a. transport; b. accommodation; c. another significant (touristic) service not related to transport or accommodation.
1.6. 'Service provider':
The carrier, such as a coach company or airline, or providers of other services like accommodation (hotel or host), tour operators, and other travel-related service providers with whom the traveler, through the travel agent's mediation, enters into an agreement. The service provider is responsible for delivering these services. De-ruimte is not liable unless it has committed as a tour operator under its own name.
ARTICLE 2 APPLICABILITY OF GENERAL TERMS AND CONDITIONS
2.1 These General Terms and Conditions apply to all offers, quotations, 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 bookings of accommodations, transport, or other tourist services, these General Terms and Conditions apply to the mediation, including article 7, which sets limits on de-ruimte's liability in this capacity.
2.3 When acting as a tour operator, especially offering package trips within article 7:500 of the Dutch Civil Code, these General Terms and Conditions apply alongside statutory provisions, particularly article 8, which includes limitations of de-ruimte's liability.
ARTICLE 3 RESERVATIONS / CANCELLATIONS
FORMATION AND CONTENT OF THE AGREEMENT
3.1.1 The offer from de-ruimte is non-binding and may be revoked if necessary. Revocation due to errors in pricing or other mistakes is permitted. Revocation must occur within 48 hours of acceptance, stating reasons.
3.2 By accepting the offer, including the associated conditions, a binding agreement is formed subject to these terms. The traveler will receive an electronic confirmation after the agreement is established.
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 the enjoyment of other participants or guides.
3.4 When the traveler uses de-ruimte as travel agent to book accommodations, transport, or other tourist services between traveler and service provider, this constitutes an assignment under article 7:400 of the Dutch Civil Code. The traveler is bound by this assignment regardless of confirmation from the agent. If a fee applies for de-ruimte's services, it will be disclosed beforehand.
3.5 When the travel agent commits obligations to third parties on behalf of the traveler, especially service providers, the traveler is bound by these commitments.
3.6 The traveler is jointly liable for fulfilling all obligations to de-ruimte and related service providers arising from the agreement/assignment. Other traveling persons are liable for their own share toward the travel agent, tour operator, or service providers.
3.7 No rights can be derived from amounts or information on the website, brochures, confirmations, or other communications from de-ruimte. The traveler should 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 recognizable to the average traveler at first glance.
3.9 When booking, the traveler must provide all relevant personal information for themselves and fellow travelers. De-ruimte is not liable for consequences of incomplete or incorrect information; resulting costs are borne by the traveler. De-ruimte complies with Dutch standards for personal data relevant to the trip, including disabilities or other conditions important for the trip's execution.
3.10 Participants must be in good physical and mental health and condition. If uncertain about suitability, travelers are advised to email us. Failure to comply may lead to exclusion without refund.
3.11 Prices of reserved or booked services may change according to service provider terms. Changes will be communicated and charged to the traveler as soon as possible.
3.12 Cancellations or changes to agreements can only occur at the traveler's request. Costs related to cancellations or changes will be charged. Cancellations must be confirmed in writing and by email. The postmark date counts as cancellation date. Due to the complexity, cancellation fees apply:
· Upon confirmation, the full deposit as specified 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 the traveler cancels after confirmation, de-ruimte charges 100% for any included flight tickets. Changes can be requested up to 4 weeks before departure; if accepted by service providers and not considered a cancellation, they may be made with possible fees charged. If parts of the trip are arranged through third parties, their change conditions apply first.
3.13 All communications from de-ruimte or service providers will be addressed solely to the traveler.
3.14 For trips including transport, if duration is given in days, departure and arrival days count as full days regardless of times, which may mean actual stay is shorter than published.
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 per trip. De-ruimte may cancel the agreement if this minimum is not reached.
3.16 If the minimum number is not reached, de-ruimte will try to proceed to avoid disappointment and may offer options such as:
• continuing the trip with a price increase
• offering an alternative departure date
• offering a different trip
• a combination of these options.
3.17 Local conditions and special destinations may require program adjustments before or during the trip, including due to poor weather. Such changes may affect routes, excursions, accommodations, or local transport. De-ruimte and providers will offer alternatives to maintain the trip's character. Travelers may only reject changes if no reasonable alternative exists and the change causes significant disadvantage. Such changes do not affect the price or entitle claims for damages unless otherwise agreed.
3.18 Travel insurance is mandatory. De-ruimte strongly recommends comprehensive travel, baggage, accident, health, and cancellation insurance. If insured elsewhere, all relevant details must be sent to info@de-ruimte.net before departure. Proper insurance is essential.
ARTICLE 4 PAYMENTS
4.1 Amounts due must be paid within the specified term unless stated otherwise.
4.2 De-ruimte is authorized to collect amounts due, if necessary on behalf of service providers.
4.3 Failure to (pre)pay on time results in default and the agreement is considered canceled. De-ruimte may charge cancellation costs per article 3.13 or deduct from received deposits.
4.4 Refunds will be made only to the traveler.