General Terms

 

Booking Conditions VisitAFarm 2016

 

Contents

Article 1: Introductory Provisions

Article 2: The Booking

Article 3: The Reservation Order

Article 4: Payments

Article 5: Liability

Article 6: Documents

Article 7: Interest and Collection Costs

Article 8: Complaints

 

Article 1: Introductory Provisions

  1. Definitions: For the purposes of these Booking Conditions the following definitions are used:
  • Travel Agent: here to refer to VisitAFarm: a person who, in the exercise of its business, advises, informs, organizes and assists in the development of agreements in the field of agricultural excursions.
  • Service provider: the carrier, accommodation provider, tour operator, agricultural entrepreneur and / or other service provider in the broadest sense, with whom the client enters a contract and, in compliance with the applicable conditions, is responsible for implementing the agreed-upon services.
  • Traveller: The client: the person who enters into the contract on behalf of or for the benefit of the travel group, and is severally liable for all obligations under this agreement.
  • Booking: the agreement between the traveler and the travel agent, by which the agent undertakes and affirms to provide services to the traveller concerning the agreed-upon travels, in the broadest sense.
  • Working days: Monday through Friday from 9:00 am to 5:30 pm and Saturday from 10:00 am – 4:00 pm, except for nationally mandated (Dutch) bank holidays, unless the agent expressly indicates different hours of operation apply.

 

  1. The travel agent is a service provider in the field of agricultural excursions. The travel agent may inform, advise, make reservations and guide excursions. The travel agent provides these services on behalf of the client. The Booking Conditions apply to all types of services provided by the travel agent. Some exceptions apply:
    1. If the client books a trip with which another organizer is involved, such as pertaining to accommodations, transport, etc. for which different conditions apply, then these terms shall apply with priority.
    2. The travel agent may make a reservation on behalf of the client and any travellers. The agent then effects an agreement between the traveller and the service selected by the traveller. The agent itself is not a party in the final agreement.
    3. The travel agent is not liable for the correct execution of the services the travel agent has made arrangements for. Any applicable terms of delivery provided and used by the the service in question apply, for example, those of the property owner’s or the carrier’s.

The travel agent is naturally responsible for the proper performance of the services rendered by the travel agent, such as proper consultation and proper handling of all bookings.

 

  1. The travel agent may charge a fee, provided this fee is made known to the client in advance of the execution of services.

 

Article 2: The Booking

 

  1. The purview of the booking is to inform and advise the traveller, as well as see to bookings for the benefit of the traveller, as well as organizing and supervising the services requested by the traveller.

 

  1. The client enters a binding contract with the travel agent at the moment of booking the travel agent’s services, either orally or in writ, including email, regardless of whether any confirmation of such booking is immediately rendered to the client or travellers.

 

  1. Confirmation of the client’s booking will normally be sent directly to the client, in which case this confirmation serves as proof of the agreement described in the booking.

 

  1. In the case confirmation cannot be rendered immediately, nor booking confirmation sent by the travel agent, the client may protest the booking within two working days of receipt of the same. If no protest is received by the travel agent, the booking confirmation and its contents are proof of the existence and legality of client’s booking with the travel agent. The above is not to affect any possibility for the client to provide proof to the contrary.

 

  1. In the case the client completes a booking over the internet, the travel agent confirms the client’s booking. This entails a binding contract. By the travel agent’s confirmation of the booking, the client is bound to this contract.

 

  1. The client is both to the travel agent as well as to any and all contracted service providers wholly liable for any and all obligations arising from the contract.

 

  1. The travellers associated with the client, i.e. all members of the travel group, are severally liable for their part in the succesful execution of the booking and the travels involved. Being guests on the premises of an agricultural enterprise, the travellers are to behave as is befitting of good guests.

 

Article 3: The Reservation Order

 

  1. Duty to Inform the Client

The client will, for the conclusion of the contract and its implementation, provide the necessary data regarding himself and provide such for any and all other travellers to the travel agent if applicable. These include, where available, a mobile telephone number and a valid email address.

Any traveller is to inform the travel agent fully of any physical and / or mental conditions that may in any way impact the succesful execution of the booking and all associated services, including pertinent medical information, matters of limited or impaired mobility or the need for minors and / or disabled travellers to be accompanied.

If the traveller falls short in providing fully any information that is deemed relevant by the travel agent, any resulting negative financial impact will be deemed the liability of the traveller.

 

  1. Fee Changes

Fees for certain booked services may change in accordance with the conditions of the service in question. These changes will be passed on and charged to the client at earliest convenience.

 

  1. Cancellations / Changes By the Client

Any cancellations or changes of the agreed-upon booking, bookings, and / or associted services can and may only be made by the client directly and personally on working days. If the client cancels bookings or any services, or makes changes to any bookings or services, any associated costs will be charged to the client. Additionally to the service or booking cancellation or modification costs, any costs incurred by the travel agent in the execution of said cancellation or modification will be charged directly to the client, at a minimum cost of € 40.

 

If a contract is canceled, the travel agent may, in addition to any booking charges, charge the following cancellation fees:

  • In the event of cancellation 42 calendar days in advance of planned departure: deposit costs only.
  • In the event of cancellation from the 42nd calendar day, including the same, until the 28th calendar day, not including the same, before planned departure: 35% of the total agreed-upon booking charge.
  • In the event of cancellation from the 28th calendar day, including the same, until the 21st calendar day, not including the same, before planned departure: 40% of the total agreed-upon booking charge.
  • In the event of cancellation from the 21st calendar day, including the same, until the 14th calendar day, not including the same, before planned departure: 50% of the total agreed-upon booking charge.
  • In the event of cancellation from the 14th calendar day, including the same, until the 7th calendar day, not including the same, before planned departure: 75% of the total agreed-upon booking charge.
  • In the event of cancellation from the 7th calendar day, including the same, until the day of planned departure, not including the same: 100% of the total agreed-upon booking charge.
  • In the event of cancellation on the day of planned departure or after: 100% of the total agreed-upon booking charge.

 

  1. All communications from the travel agent or associated service will be directed exclusively to the client.
  2. Cancellation fee of a business visit or multiple visits amounts to 100% of the rate charged, cf. Article 3.3. ?????.In case of cancellation, any associated service providers (accomodation providers , carriers, etc.) are to calculate and charge to the client any concomitant costs according to their own conditions.

 

Article 4: Payments

  1. Any agreed-upon fees must be paid within the period specified by the travel The travel agent is entitled, if necessary, to collect any due fees in the name of and for the benefit of the relevant service provider or providers.

 

  1. The travel agent may in the provision of any contract require a deposit, which will not be higher in any case than in accordance with the terms of any involved service provider or providers.

 

  1. Any remainder of fees due must be received in full by the travel agent at least 10 days prior to the actual and planned execution of the booking.

 

  1. If payment is not made or received in time, the travel agent is to send one reminder of payment, free of any surplus charge, and thereby provide the client with the opportunity of fulfulling the outstanding amount as referenced in Article 4.3. within 14 days after receipt of said reminder. If payment is not forthcoming after such time, the client is considered to be in default of fees due and all agreements are deemed cancelled and void, unless the terms of any associated service providers dictate otherwise. The travel agent asserts the right to charge all costs related to the cancellation and / or offset these with any payments received.

 

  1. Any and all refunds are to be made directly to the client only.

 

Article 5: Liability

  1. The travel agent shall in the completion of agreed-upon duties exercise the care that is to be expected of a good contractor.

 

  1. The travel agent does not accept any liability for any acts and omissions on the part of any associated service provider as defined in Article 1, §1, nor for the accuracy of the information provided by any such provider. The travel agent is not responsible for photographs, brochures, adverts, websites or any other media whatsoever that is produced or distributed under the responsibility of third parties.

 

  1. To the extent that the travel agent can be attributed the inadequate execution of its services and the client or traveller suffers any damages (including emotional damages associated with any loss of travel enjoyment), any liability for such damages is limited to the fees invoiced by the travel agent.

 

  1. Any liability for damages for which the traveller has insurance (e.g. through the conclusion of a travel and or / cancellation or health insurance), as well as any liability for damages suffered by travellers in connection with the exercise of a profession or business (including any damages from missing layovers or not arriving at their destination) are excluded.

 

  1. In case of illness and / or any other hindrance to the travel agent, the travel agent will provide equivalent replacement where possible. If replacement is not possible, the travel agent will inform the client as soon as possible and offer a reasonable alternative.

 

  1. In case of illness and / or any other hindrance to the travel guide, the client is not entitled to any compensatory payment. The travel agent will not charge additional costs for the alternative program to be offered to the client.

 

  1. The travel agent is not responsible for any commitments made by its staff and / or third parties, which expressly deviate from any condition or conditions of any associated service provider, unless such commitments are subsequently confirmed in writing.

 

  1. The exclusions and limitations of liability contained in this article shall also apply to any staff in the travel agent’s employ or working at the travel agent’s behest.

 

Article 6: Documents

  1. The traveller is responsible for obtaining any necessary additional information regarding visas, etc., and also to ascertain in time for departure whether the previously obtained information has not been subject to alteration from the authorities concerned.

The traveler is responsible for having all necessary travel documents, including a valid passport or, where permitted, a tourist identity card and any required visas, proof of inoculations and vaccinations, driving license and green card. If the traveller cannot be present for the travels associated with the booking, or cannot be present for it entirely, on account of lacking certain valid travel documents, any costs associated with these circumstances are deemed the client or traveller’s liability.

 

Article 7: Interest and Collection Costs

  1. Any client who fails to render the agreed-upon financial obligation to the travel agent is liable for any statutory interest on the outstanding amount, unless any associated service proders charge and prescribe a higher interest rate.

 

  1. Additionally, the client is obliged to pay any extrajudicial costs the travel agent or associated service providers may have made. Punitive fees are as follows:
  • Up to 15% of the total agreed-upon booking fee and any associated fees, up to € 2,500.00
  • 10% of any remaining fee up to and including an additional € 2,500.00
  • 5% of any remaining fee up to and including an additional € 2,500.00, with a minimum of € 40.

The travel agent may choose to benefit the client by charging different amounts and percentages than here described.

 

Article 8: Complaints

  1. Complaints about a booking made by the travel agent and / or advice and information provided by the travel agent shall within one month of the traveler experiencing the facts on which the complaint is based be submitted to the travel agent. The travel agent will provide a written response to any received complaint within one month after receipt of the complaint. Any reimbursement cannot exceed the total agreed-upon booking fee.
  2. Dutch law is applicable to any and all contracts concluded on the basis of the booking conditions detailed here, or amend or supplement it, unless a different system of law is reasonably applicable pursuant to mandatory regulations.
  3. The client has the right to apply to the legally relevant court. Only a Dutch court can have jurisdiction to hear any disputes brought by the client, unless another court is reasonable deemed legally relevant pursuant to mandatory regulations.
  4. All claims expire one year after the end of the reserved booking and / or service or services, or if the booked travels did not take place, one year after the original agreed-upon departure date. Receivables charged on account of injury expire one year after the reserved booking and / or service or services, or if the booked travels did not take place, one year after the original agreed-upon departure date. All parties involved are bound by the time frames specified in this paragraph unless standards of reasonableness and fairness dictate it is unacceptable that the travel agent appeals to those time frames.