General Terms and Conditions of Tulip Tours Holland
ARTICLE 1. | DEFINITIONS
In these general terms and conditions, the following terms, whether used in plural or singular, are used with the following meanings, unless otherwise deriving from the nature or scope of the clauses.
- Tulip Tours Holland: the user of these General Terms and Conditions, established at Verlengde Lageweg 19, 1628PM in Hoorn, registered in the Trade Register under Chamber of Commerce number 62248979.
- Traveler: the party with whom Tulip Tours Holland has entered or intends to enter into an agreement, the person on whose behalf the trip was arranged and who accepted that arrangement, as well as, in the case of a package tour, the person to whom the legal relationship with Tulip Tours Holland may have been transferred in accordance with the provisions of Article 13 of these General Terms and Conditions.
- Package Tour: the agreement whereby Tulip Tours Holland undertakes, for the benefit of the traveler, to provide a pre-arranged trip offered by Tulip Tours Holland in its own name that includes an overnight stay or a period of more than 24 hours, as well as two or more of the following services:
- another tourist service not ancillary to transport or accommodation and accounting for a significant proportion of the trip.
- Trip: the whole of services that is the subject of the Agreement, whether or not a package tour as referred to in the previous paragraph.
- Agreement: every agreement concluded between Tulip Tours Holland and the traveler that concerns a (package) trip.
- Website: com.
- Written: communication in writing, communication by e-mail or any other means of communication that can be equated with this in view of the state of the art and the views prevailing in society.
ARTICLE 2. | GENERAL CONDITIONS
- These General Conditions apply to every offer of Tulip Tours Holland and every established agreement.
- These General Terms and Conditions also apply to agreements, the drawing or execution of which must involve third parties.
- The applicability of any General Terms and Conditions of the traveler, under whatever name is referred to, is explicitly rejected.
- That provided in these Terms and Conditions can only be waived expressly and in writing. If and insofar as that which is expressly agreed between the parties in writing deviates from these General Terms and Conditions, the conditions expressly agreed by both parties in writing shall apply.
- Nullification or invalidity of one or more of the provisions of these General Terms and Conditions or the agreement as such does not affect the validity of the other clauses. In such a case, the parties are required to consult in order to make an alternative arrangement in respect of the affected clause. In addition, the purpose and intent of the original clause will be respected as much as possible.
ARTICLE 3. | OFFER AND CONCLUSION OF THE AGREEMENT
- Even if it includes an acceptance period, every offer from Tulip Tours Holland is free of obligation and subject to sufficient availability of the offered trip. Tulip Tours Holland may, if necessary, revoke its offer after the conclusion of the Agreement. This must be done within 48 hours at the latest after the conclusion of the Agreement.
- No rights can be derived from an offer Tulip Tours Holland base on inaccurate or incomplete information provided by the traveler.
- Apparent errors and mistakes in the offer of Tulip Tours Hollandshall not bind the latter.
- A compound price quotation does not obligate Tulip Tours Holland to fulfill a part of the offer for a corresponding part of the quoted price.
- The other party to the Agreement with Tulip Tours Holland who (jointly) concludes the Agreement on behalf of one or more other travelers, declares that it is authorized to do so by entering into the Agreement. The other party to the Agreement with Tulip Tours Holland is jointly and severally liable together with such other travelers for all obligations arising from that Agreement. Without prejudice to the joint and several liability of the other party to the Agreement with Tulip Tours Holland, the other travelers shall be liable for their own part in the Agreement. The counterparty of Tulip Tours Holland shall be liable towards the latter for the fulfillment of the payment obligations arising from the Agreement at all times. Furthermore, any communication with Tulip Tours Holland shall be carried out exclusively through the counterparty of Tulip Tours Holland, unless otherwise provided in these General Terms and Conditions.
- Without prejudice to the provisions in paragraph 1, every agreement shall be concluded at the moment when Tulip Tours Holland's offer is accepted by the counterparty of Tulip Tours Holland within the validity period provided in the offer.
- If the acceptance of the Tulip Tours Holland's counterparty deviates from the offer of Tulip Tours Holland, the agreement shall not be concluded in accordance with this deviating acceptance unless Tulip Tours Holland indicates otherwise.
ARTICLE 4. | NO RIGHT OF DISSOLUTION
The right of dissolution as referred to in article 6:230o of the Civil Code does not apply to the traveler because the services rendered to the traveler by Tulip Tours Holland provide transport and/or leisure activities as well as accommodation other than for residential purposes while the Agreement provides for a specific time or period of compliance. Consequently, article 6:230h and article 6:230p of the Dutch Civil Code, respectively, exclude the right of dissolution. Moreover, the aforementioned right of dissolution with respect to package tours is explicitly excluded in article 6:230 paragraph 2 under sub-paragraph h of the Dutch Civil Code.
ARTICLE 5. | OBLIGATIONS OF THE TRAVELER AT THE CONCLUSION OF THE AGREEMENT
The traveler guarantees that he/she will provide Tulip Tours Holland with all information required for the conclusion and execution of the Agreement in good time and in any manner required by Tulip Tours Holland. The traveler guarantees that the information provided by him/her to Tulip Tours Holland is accurate and complete. The names of travelers provided to Tulip Tours Holland must exactly match the names on their passport. The traveler is also obliged to provide Tulip Tours Holland with all other information concerning the travelers that he/she has registered before or at the latest at the conclusion of the Agreement, which may be of importance for the conclusion and execution of the Agreement, including, on request, a copy of their passport and/or their travel and/or cancellation insurance. The traveler shall also mention details that may be of importance for the proper execution of the agreement by Tulip Tours Holland regarding the quality or composition of the traveling group he/she has registered.
ARTICLE 6. | FURTHER OBLIGATIONS OF THE TRAVELER
- The traveler must take care of a travel and/or cancellation insurance at his/her own expense and risk.
- Where relevant, the traveler is responsible for carrying the necessary documents during the trip, such as a valid passport/identity card and visa, as well as for complying with the regulations that apply to the traveler in the country of destination. In the event that the agreed trip must be canceled as a result of a circumstance imputable to the traveler, including a circumstance as referred to above, Tulip Tours Holland shall not be liable for the resulting damage.
- The traveler is obliged to comply with all instructions provided by Tulip Tours Holland and third parties involved in the contract, such as carriers and hoteliers. The traveler is liable for the damage caused by his/her improper conduct as judged according to the criteria for the correct behavior of a traveler.
- The traveler, who causes or can cause a damage to the extent that a proper execution of the Agreement becomes considerably more difficult or complicated, can be excluded from (continued) participation in the trip, where Tulip Tours Holland or the third parties involved in the Agreement cannot reasonably be expected to fulfill the Agreement.
- All damage resulting from a situation as referred to in paragraph 4 shall be borne by the traveler if and insofar as the consequences of nuisance or trouble can be imputed to him/her.
- The traveler is obliged to prevent or to limit any damage as much as possible, in particular by timely and properly complying with the information obligations as referred to in Article 5.
ARTICLE 7. | CANCELLATION OF A TRIP, BEING A NON-PACKAGE TRIP, BY A TRAVELER
- If the traveler cancels the whole or part of the non-package trip Agreement, Tulip Tours Holland reserves the right to payment of the full agreed price, subject to the provisions of the subsequent paragraph.
- If the traveler cancels the whole or part of the Agreement that does not concern a package trip because of Tulip Services Holland, or a third party that Tulip Tours Holland has involved in the carrying out of the trip, the traveler is entitled to a proportional return or reimbursement of the agreed price, or, if the trip has already been partially carried out, a proportionate part thereof.
ARTICLE 8. | CANCELLATION OF A PACKAGE TRIP BY THE TRAVELER
- Notwithstanding the provisions of paragraph 2, the traveler who cancels a package trip will owe the subsequent cancellation costs. In case of cancellation:
- until the 42nd day (exclusive) before the start of the package trip: the possible down payment;
- from the 42nd day (inclusive) until the 28th day (exclusive) before the start of the package trip: 35% of the agreed price;
- from the 28nd day (inclusive) until the 21st day (exclusive) before the start of the package trip: 40% of the agreed price;
- from the 21st day (inclusive) until the 14th day (exclusive) before the start of the package trip: 50% of the agreed price;
- from the 14th day (inclusive) before the start of the package trip: the full agreed price.
- In case of Tulip Tours Holland making it plausible that, due to cancellation by the traveler, it has suffered damage that exceeds the applicable cancellation costs as referred to in paragraph 1, the entire damage suffered by Tulip Tours Holland will be borne by the traveler. This may be the case if Tulip Tours Holland has already incurred costs associated with the reservation of accommodations and/or (bus) trips, or the reservation of activities. Damage compensation payable by the traveler shall not exceed the full agreed price.
- Administration and payment costs shall never be eligible for a refund or remission.
- Cancellation after office hours is deemed to have been made on the next working day.
- If the traveler cancels a package trip due to a circumstance that is beyond his/her control, he/she shall be entitled to a refund or remission of the agreed price in respect of his/her share in the Agreement, if the package trip has already been partially carried out, a proportionate part thereof. The traveler's illness and other personal circumstances are not regarded as circumstances beyond the traveler's control.
- If a traveler from the travel group cancels his/her share in the package trip, he/she will owe cancellation costs. If at the time of the conclusion of the Agreement, on the basis of the size of the remaining travel group, a different price is applied, the price for the remaining travelers will be changed accordingly. The standard payment rules of Article 12 shall apply to the amended agreement. If the package trip cannot be amended as referred to above, the Agreement shall be canceled for all travelers and they shall all have to pay cancellation costs.
ARTICLE 9. | CANCELLATION BY TULIP TOURS HOLLAND
- Without prejudice to the provisions of Article 10.5, Tulip Tours Holland may cancel the Agreement due to important circumstances promptly communicated to the traveler.
- If Tulip Tours Holland cancels the Agreement due to a circumstance not imputable to the traveler, they must offer, if possible, a trip of equal or better quality. Without prejudice to the provisions of the subsequent paragraph, if the traveler does not accept that offer, the traveler is entitled to a refund or remission of the agreed price or, if the trip has already been partially enjoyed, a proportionate part thereof. This also applies if an alternative trip of equal or better quality cannot be offered.
- In the event of a package trip cancellation, Tulip Tours Holland shall compensate the damage suffered by the traveler and an amount for the loss of travel enjoyment, unless:
- it cancels the package trip because the number of persons enrolled for the package trip is less than the number required and the traveler has been informed of the cancellation in writing within the period specified in the Agreement, or;
- it cancels the Agreement because the circumstances that resulted in the cancellation can be imputed to the traveler. In that case, all resulting damage shall be at the expense of the traveler. Or;
- the cancellation is the result of force majeure. Force majeure means abnormal and unforeseeable circumstances beyond the control of Tulip Tours Holland and the consequences of which could not have been avoided even if all due care had been exercised.
ARTICLE 10. | CHANGE OF TRIP BY TULIP TOURS HOLLAND
- Tulip Tours Holland is entitled, without prejudice to the provisions in the following paragraph, to change the trip due to important circumstances immediately communicated to the traveler. The traveler can only reject such a change if it presents more than minor significance.
- Tulip Tours Holland is entitled to change the trip on an essential point due to substantial circumstances immediately communicated to the traveler. The traveler is entitled to reject the change.
- If the cause of the change can be imputed to the traveler, the resulting damage will be borne by the traveler.
- Tulip Tours Holland may increase the agreed price, up to twenty days before the start of the trip, in connection with changes in the transport costs due, including fuel costs, the tolls due or the applicable exchange rates. In a given case, Tulip Tours Holland will indicate how such an increase has been calculated. The traveler can reject the increase.
- In the event that the traveler has rejected the increase as referred to in the previous paragraphs, Tulip Tours Holland may terminate the Agreement. The traveler is entitled to a refund or remission of the agreed price or, if the trip has already been partially enjoyed, a proportionate part thereof. If Tulip Tours Holland cancels a package trip following a rejection by the traveler as referred to in paragraphs 1 and 2, Article 9.3 shall also apply mutatis mutandis.
- Under penalty of forfeiture of the intended rights of the traveler, a rejection, as referred to in paragraphs 1, 2 and 4, must be made within three working days after receipt of the notification from Tulip Tours Holland which gave rise to rejection.
ARTICLE 11. | SUSPENSION AND DISSOLUTION
- Tulip Tours Holland is, if the circumstances reasonably justify so, authorized to suspend the fulfillment of the Agreement or to fully or partially dissolve the Agreement with immediate effect, if and to the extent that the traveler not timely or not fully fulfills his/her obligations under the Agreement, as well as after the conclusion of the Agreement when Tulip Tours Holland has become aware of circumstances providing decent grounds to fear that the traveler will not fulfill his/her obligations. If the fulfilment of the traveler's obligations with respect to which he/she falls short or threatens to fall short is not permanently impossible, the authority to dissolution only arises following a written notice of default, in which notice a reasonable term is stated within which the traveler can (still) fulfil his/her obligations and the obligations have not been fulfilled after expiry of the stated term.
- The traveler shall never be entitled to any compensation with regards to exerted suspension or cancellation rights by Tulip Tours Hollandbased on the grounds of this article.
- The traveler is obliged to compensate the damage imputed to him/her that Tulip Tours Holland has suffered as a result of the suspension or dissolution of the Agreement.
- If Tulip Tours Holland terminates the Agreement pursuant to this article, all claims against the traveler shall become immediately due and payable.
ARTICLE 12. | PRICES AND PAYMENT TERMS
- The total price, including taxes and other costs, will be stated at the conclusion of the Agreement, at the latest. Other costs do not include the costs that are not inextricably linked to the offered trip, such as the costs of additional services or other services rendered or provided by Tulip Tours Holland or third parties at the request of the traveler. The latter costs shall be additionally borne by the traveler.
- The traveler shall pay the additional costs that will be charged to him/her if, due to a circumstance attributable to him/her, the fulfillment of the Agreement have been in any way been deviated.
- The published prices are based on the prices, fees and taxes that were known at the time of their publication by Tulip Tours Holland.
- Unless explicitly agreed otherwise, the total price must be paid at the conclusion of the Agreement. If it has been expressly agreed that only a deposit is due upon the conclusion of the Agreement, the remaining amount, unless expressly agreed otherwise, must be paid at the latest 24 hours before the beginning of the trip. In case of prepayment, Tulip Tours Holland is not obliged to fulfill the Agreement until the receipt of such a prepayment. Payment must in all cases be effected in the manner indicated for this purpose, within the specified time period.
- Tulip Tours Holland is entitled to make bills to the traveler only available by e-mail.
- If the payment is not made in time, the traveler's default will take effect immediately and Tulip Tours Holland reserves the rights referred to in Article 11. From the day of the commencement of the traveler's default, the traveler shall owe statutory legal (commercial) interest. The statutory (commercial) interest shall be calculated up to the day on which the full outstanding payment has been paid.
- All reasonable costs, including legal, judicial and enforcement costs incurred to obtain the amounts owed by the traveler to Tulip Tours Holland, shall be borne by the traveler.
ARTICLE 13. | TRANSFER OF A PACKAGE TRIP
- No later than seven days before the package trip begins, or so in time that the necessary actions and formalities can still be carried out, the traveler may transfer his/her legal relationship with Tulip Tours Holland to a third party who shall fulfill all the provisions of the Agreement, provided that the conditions of the service providers involved in the package trip do not oppose such a transfer.
- If the request for transfer cannot be accepted, Tulip Tours Holland shall inform the traveler thereof with reasons.
- The transfer shall be carried out by means of an Agreement with the third party and the transferring traveler's written notification thereof sent to Tulip Tours Holland. The transferring traveler, the Tulip Tours Holland's counterparty, and the third party shall be jointly and severally liable for payment of the remaining part of the trip amount, the change costs and any extra costs resulting from the transfer.
ARTICLE 14. | CONFORMITY, COMPLAINT, AND ASSISTANCE
- Tulip Tours Holland shall do its utmost to make the trip as best as possible for the traveler. Should the traveler nevertheless experience problems, the traveler must immediately contact Tulip Tours Holland. Tulip Tours Holland shall seek to solve the problem immediately when possible. Subject to the provisions in the subsequent paragraphs regarding package trips, Tulip Tours Holland shall not be liable for any damage suffered by the traveler and extra costs resulting from problems related to the trip.
- If the package trip does not meet the expectations that the traveler could reasonably have on the grounds of the Agreement, the traveler is obliged to immediately inform thereof Tulip Tours Holland. Complaints about any accommodation must be reported on the spot.
- If the package trip does not meet the expectations that the traveler could reasonably have on the basis of the Agreement, Tulip Tours Hollandis obliged by law to compensate the traveler for any damage, unless the shortcoming in the fulfillment cannot be attributed to Tulip Tours Holland or to third parties that it has involved in the execution of the trip, because of:
- the shortcoming in the carrying out of the package trip is attributable to the traveler, or;
- the shortcoming in the carrying out of the package trip, which could not be foreseen or could be canceled, is attributable to a third party who is not involved in the delivery of the services included in the package trip, or;
- the shortcoming in the fulfillment of the Agreement is due to force majeure as referred to in Article 9.3 or to a circumstance that Tulip Tours Holland or a third party that it has involved in the execution of the package trip could not foresee or remedy even with all due observance and care.
- Tulip Tours Holland is obliged, depending on the circumstances, to provide the traveler with help and assistance if the package trip does not meet the expectations that he/she could reasonably have based on the Agreement. If the cause can be imputed to the traveler, Tulip Tours Holland shall be only obliged to provide help and assistance to the extent that the latter can reasonably be demanded. In that case, the costs for the help and assistance provided shall be borne by the traveler. The costs for the help and assistance provided shall be borne by Tulip Tours Holland if the shortcomings in the fulfillment of the Agreement are imputable to them or to third parties that they have involved in the carrying out of the trip in accordance with the previous paragraph.
- If a complaint has not been satisfactorily resolved, it must be communicated to Tulip Tours Holland in writing and with motivation no later than one month after the end of the package trip, or if, the package trip did not take place, after the date of commencement thereof.
- If the traveler does not submit the complaint in time, Tulip Tours Holland is entitled not to handle the complaint.
ARTICLE 15. | LIABILITY
- Tulip Tours Holland shall be exclusively liable to the extent provided in these General Terms and Conditions. The foregoing shall not affect the legal rights of Tulip Tours Holland.
- Tulip Tours Holland is not liable for printing or typing errors on its website, in its brochures, promotional materials or other expressions.
- For damages caused by delays, strikes, changes in transport, cancellations of transport as a result of terrorist attacks, weather conditions, natural disasters, bankruptcies of carriers or other circumstance of force majeure, Tulip Tours Holland shall not be liable, without prejudice to the provisions of Article 14.
- Tulip Tours Holland shall, notwithstanding the provisions of Article 14, not be liable for indirect damage, including loss, lost profits, damage as a result of business interruption, damage due to theft, loss of property, injury or accident incurred by or inflicted on the traveler. Also, subject to the provisions of Article 14, no liability shall be accepted for damage caused by the use of any accommodation or means of transport used during the trip. Tulip Tours Holland shall neither be liable for damage caused by an improper or unlawful conduct of the traveler during the trip period.
- Tulip Tours Holland shall not be liable for possible damage caused by misconduct such as, but not limited to, aggression and drunkenness on the part of the traveler. If the traveler is refused to or removed from an accommodation or means of transport as a result of misconduct or failure to follow the instructions of the staff, this shall be done at the expense and risk of the traveler. Tulip Tours Holland shall grant no refund in such cases.
- Tulip Tours Holland shall not be liable for loss of cash and loss or damage to carried on documents, gold, silver, jewelry, beauty items, works of art or other valuable items.
- Tulip Tours Holland shall not be liable for damages that the traveler has been able to recover under an insurance policy, such as travel and/or cancellation insurance.
- Tulip Tours Holland shall accept no liability whatsoever for bookings that, whether or not at the request of the traveler, are not fully settled by Tulip Tours Holland and in which a third party is directly or indirectly involved.
- Except for intent and deliberate carelessness of Tulip Tours Holland and subject to damage caused by death or injury for which Tulip Tours Holland is legally liable in the context of a package trip, the liability of Tulip Tours Holland is, without prejudice to the provisions in the rest of this article, limited to at most the invoice value of the agreement, at least that part of the agreement to which the liability of Tulip Tours Holland In the context of a package trip, Tulip Tours Holland's liability for damages other than those referred to in the first sentence of this paragraph is limited to a maximum of three times the trip amount. If Tulip Tours Holland is liable for loss of travel enjoyment, the trip amount, however, shall be eligible for reimbursement once at most.
- If a treaty applies to a service included in the Agreement, Tulip Tours Holland may at all times invoke an exclusion or limitation of liability that that treaty grants or permits to a service provider per se.
- Notwithstanding the other provisions of this article, the liability of Tulip Tours Holland shall never exceed the amount that is actually paid in respect of the relevant case under the liability insurance policy of Tulip Tours Holland increased by the possible excess of Tulip Tours Hollandthat applies under that insurance.
- The provisions of this article shall also apply to any employees of Tulip Tours Holland, the service providers involved, as well as their personnel, unless the law, a treaty or regulation compulsorily excludes this.
ARTICLE 16. | FINAL PROVISIONS
- Every agreement and all resulting legal relationships between the parties shall be governed by Dutch law only.
- Before appealing to the court, parties are obliged to apply their best effort to resolve disputes by mutual agreement.
- To the extent that the law does not compulsorily deviate from this under the given circumstances of the case, only the competent court in the district of the Tulip Tours Holland's place of business shall be designated to hear any legal disputes.
- If these General Terms and Conditions are available in multiple languages, the Dutch version thereof shall always be decisive for the interpretation of the terms contained therein.