General Terms and Conditions of EU Ground handling & services Tours
Article 1 The following definitions apply in these general terms and conditions:
a) EU ground Handling & services: EU ground Handling & services, registered in the Trade Register under number 57216312, with registered offices in Utrecht The Netherlands
b) Activity: Every single activity organized for a customer, group or agent by EU ground Handling & services as a stand-alone activity or intended as part of a day programme or other programme, either indoors or outdoors.
c) Programme: Collection of activities organised or offered by EU ground Handling & services, as well as the offering of related facilities. The activities in a programme may also involve supervising, assisting at and/or supporting (parts of) a programme and/or activities of partners of EU ground Handling & services.
d) Partner: A natural person or legal entity that, commercially or otherwise, organises, executes and/or supervises any activity and/or programme, facility, materials, or agreement for, on behalf of or in partnership with EU ground Handling & services.
e) Participant or customer: Any natural person or legal entity that enters into an agreement with EU ground Handling & services and/or actually participates in or uses a programme and/or activity, service, facility and/or material of the organisation.
f) Group: Several participants or customers who jointly enter into or wish to enter into an agreement with EU ground Handling & services, possibly making use of an agent.
g) Agent: A natural person or legal entity, that, commercially or otherwise, enters into an agreement with Lindbergh for or on behalf of one or several (potential) participants or a group.
h) Representative: A natural person who, employed by EU ground Handling & services or its partners, or otherwise on behalf of EU ground Handling & services or its partners, organises, executes, supervises or performs a supportive role in an agreement, activity and/or programme for EU ground Handling & services.
i) Quotation: An obligation-free invitation made by EU ground Handling & services in order to bring about an agreement with the other party or parties. This can be drawn up at the request of a potential customer, group or agent and includes, at all events, a description of the desired activity or activities and/or the desired programme and facilities, together with the price and conditions according to which EU ground Handling & services wishes to enter into an agreement.
j) Agreement: The agreement, according to which, after written approval of the quotation, EU ground Handling & services undertakes vis-à-vis a customer, group or agent to provide a service in the form of a programme and/or activity and/or facility in the area of, for example, excursions, attractions, museums, restaurants, accommodation, events and transport, including entering into an agreement on behalf of the customer, group or agent for the provision of food, drink, entertainment, tourist transport and/or other services and goods.
k) Confidential information: Any verbal or written information provided by one of the parties about which it is or should be clear that it is confidential, as well as any information that the party concerned indicates must be treated confidentially; although this list is by no means exhaustive, the following will be deemed to be confidential in all events:
– Names, addresses, telephone numbers and other personal details of business associates or potential customers of EU ground Handling & services and those of individual customers;
– Specific information, whether or not detailed, concerning services provided, ongoing contracts and quotations made;
– Communications, computer data and other correspondence of EU ground Handling & services;
– Pricing, marketing strategies, product strategies and internal and external working methods;
– Technical and commercial expertise;
– Budgets, estimates and other non-public financial information;
– Administrative policy and other commercial strategies.
l) Booking value: The total value of the agreement for the EU ground Handling & services programme and/or activity, services and/or materials, including EU ground Handling & services margin and the VAT payable.VAT is not included in for B2B transactions.
1.2 These general terms and conditions apply to all activities, quotations, offers and agreements entered into by or on behalf of EU ground Handling & services for individual participants and/or groups and/or agents, unless deviating conditions have been included in the agreement.
1.3 The customer, group or agent accepts the applicability of these conditions by entering into an agreement with EU ground Handling & services or actually participating in a programme or activity of EU ground Handling & services and its partners, or by settling the charge payable.
1.4 If other conditions apply to the agreement alongside these general terms and conditions these general terms and conditions will prevail in the event of any conflict.
1.5 An English language translation/version of these general terms and conditions has been compiled. In the event of any conflict between these versions, for example resulting from an incomplete or inaccurate translation, the provision included in the Dutch general terms and conditions will prevail.
Article 2 Conditions applicable to quotations
2.1 Any quotation is merely an obligation-free invitation to a customer, group or agent to enter into an agreement with EU ground Handling & services. The actual agreement only takes effect as a result of EU ground Handling & services accepting it in writing and confirming it in writing to the customer, group or agent EU ground Handling & services is therefore entitled to revoke a quotation offered by EU ground Handling & services until the time of written acceptance, even after the customer, group or agent has accepted the offer. The withdrawal of an obligation-free offer must, in that case, take place as soon as possible after receipt of the acceptance.
2.2 The availability stated in the quotation is not guaranteed until the quotation has been converted into an agreement.
2.3 No rights can be derived from a verbal confirmation.
2.4 Obvious errors and omissions in a quotation or other statements by EU ground Handling & services are not binding.
Article 3 Payment conditions
3.1 The amount payable for an agreement must have been paid before the start of the activity or the programme, unless agreed otherwise.
3.2 Late or incomplete payment by the customer, group or agent will constitute default by operation of law without any further notice of default being required. EU ground Handling & services is entitled to dissolve the agreement in whole or in part or to demand complete fulfilment. EU ground Handling & services is also entitled to demand additional damage compensation to cover any costs already incurred for the purposes of the agreement.
Article 4 Formation and contents of the agreement
4.1 Every participant is obliged, prior to or at the latest on the formation of the agreement, to notify EU ground Handling & services of any personal circumstances insofar as these may affect the smooth running of the activity or program. This obligation particularly applies to relevant medical and fitness conditions.
4.2 The person who enters into the agreement with EU ground Handling & services on behalf of or for the purposes of another, is jointly and severally liable for all obligations arising from this agreement. Each customer is liable for his or her own part.
Article 5 Observance of confidentiality
5.1 Without prejudice to the powers and authorities accorded to EU ground Handling & services in the agreement and general terms and conditions, both parties will observe strict secrecy with regard to confidential information, notwithstanding any legal obligations to disclose that may apply.
5.2 Without written permission in advance from the other party, neither party will make available information and data carriers at its disposal to third parties beyond that which is permissible within the frameworks of the agreement and/or general terms and conditions.
5.3 The parties will oblige their employees and other third parties to observe these provisions concerning confidentiality.
5.4 The customer, group or agent is expressly prohibited from making reference to details of EU ground Handling & services, the agreement and/or the general terms and conditions in publications or in advertising without the written permission of EU ground Handling & services.
Article 6 Changes made by Eu ground handling & services
6.1 On the grounds of compelling circumstances, to be reported immediately to the customer, group or agent, EU ground Handling & services is entitled to make unilateral changes to one or several points and/or parts of the programme or activity offered. If possible, EU ground Handling & services will offer the customer, group or agent an alternative that ensures that the specific character and nature of the programme or activity remain as far as possible intact and which matches the agreed budget of the customer, group or agent, and will announce this immediately.
Article 7 Execution of the agreement
7.1 EU ground Handling & services is obliged to execute the agreement in accordance with the expectations that the participant may reasonably have on the basis of the agreement. According to the circumstances, EU ground Handling & services is obliged to provide help or assistance to the customer, group or agent if the agreement, programme or activity is not executed satisfactorily, insofar as this may reasonably be expected of Lindbergh.
7.2 If the complaint is not handled satisfactorily on the spot, it can be lodged with EU ground Handling & services, including clear written reasons, at the latest within 14 days after the end of the activity or the programme, after which the complaint will be handled.
7.3 The participant, group or agent is obliged to follow all instructions given by EU ground Handling & services or its representatives or partners, in order to promote the effective execution of the agreement, programme or activity.
7.4 A participant, group or agent who causes such a nuisance or trouble, expressly including late arrival, that the execution of the programme or activity is severely impeded or may be impeded, or that a danger is caused to that person or others, EU ground Handling & services, a partner or its representative may proceed to exclude that person from further participation in the programme or activity. All additional costs that arise from this will be payable by the
7.5 In principle, it is not possible to deviate from the scheduled starting time of an activity or programme. At the explicit request of a partner, group, customer or agent, subsequently to be confirmed in writing, an activity or programme can be delayed pending the arrival of all participants in an activity. Deviations from agreed departure times will always be completely for the account and risk of the other party. The duration of the activity will be shortened by the same amount as the delay that occurred. As a result of this delay, other parts of the programme may be changed and/or shortened or may be completely cancelled.
7.6 EU ground Handling & services reserves the right to use photographic or other recordings made during the execution of the agreement, the programme or activities for promotional purposes. Objections to this must be submitted in writing within 14 days of recording.
7.7 Every participant or agent is obliged to show valid proof of identity at the first request of representatives or partners of EU ground Handling & services.
Article 8 Cancellation conditions
8.1 The cancellation conditions apply to the following types of cancellations:
1. If the entire event is cancelled;
2. In the event of partial cancellation of facilities belonging to the event (e.g. lunch, pick-up)
3. A reduction in the duration of the event, as a result of which the booking value is reduced;
4. A reduction in the number of contracted guests;
5. If the entire event is moved to a different date.
8.2 A cancellation must be dated and communicated in writing to Lindbergh and the date of receipt of the letter or e-mail by EU ground Handling & services will count as the definitive cancellation date.
8.3 No rights can be derived from a verbal cancellation.
8.4 Cancellation charges will be applied to the total booking value, based on the confirmation of the most recent quotation:
– Up to 28 days before arrival 10% of the total booking value;
– Between 27 &21 days before arrival 25% of the total booking value;
– Between 20 & 14 days before arrival 50% of the total booking value;
– Between 13 & 7 days before arrival 75% of the total booking value;
– Less than 7 days 100% of the total booking value.
8.5 In the event of a “no-show” on the part of the participant, group or agent, the full booking value will always be payable.
8.6 EU ground Handling & services is entitled at all times to cancel or withdraw the agreement free of charge in the event of compelling circumstances that are out of the ordinary and unforeseeable, and which cannot be rectified or avoided, including, but not limited to: (civil) war, terrorism or terrorist threat, political unrest, natural disasters, extreme weather conditions, food shortages, (general) strikes. EU ground Handling & services is obliged to notify the participant immediately of the cancellation or withdrawal and the reasons for it.
Article 9 Liability
9.1 In the programmes and activities it organises, EU ground Handling & services acts as an intermediary for customers, groups and agents on the one hand and transport companies, hotel operators and other natural persons and legal entities on the other. EU ground Handling & services excludes any liability for accidents, personal injuries, delays, irregularities, damage, or loss or theft of possessions or hand luggage.
9.2 Participation in programmes and/or activities offered by EU ground Handling & services and its partners is entirely at the participant’s own risk. In addition, the participant remains personally responsible for assessing whether he/she is sufficiently fit and healthy to take part in the programme or activity. Except in the case of deliberate intent or gross negligence on the part of EU ground Handling & services itself, EU ground Handling & services is not liable for any type of (consequential) damage suffered by the participant as a result of accidents that occur during the programme and/or activities, unless and insofar as exclusion of liability is not permitted by law.
9.3 The customer, group or agent is advised to take out (joint) cancellation insurance, accident insurance and/or travel insurance. The customer, group or agent remains responsible for taking out this insurance.
9.4 In addition to the foregoing, EU ground Handling & services is also not liable for the consequences of:
a) The inability to participate in (parts of) the programme as a result of the lack of an essential document. Any consequences of this are for the account of the participant, group or agent;
b) The inability to participate in (parts of) the programme as a result of the late arrival of a group or one or several participants;
c) Failure to follow the instructions of representatives of EU ground Handling & services or its partners;
d) Irresponsible or deliberately damaging actions or negligence on the part of a group or one or several participants;
e) The actions or negligence of third parties not directly involved in the execution of the agreement;
f) Damage for which a customer, group or agent is insured;
g) Circumstances for which EU ground Handling & services cannot be blamed and which cannot reasonably be attributed to EU ground Handling & services in accordance with the local laws or generally applicable standards in society.
9.5 Insofar as EU ground Handling & services is guilty of an attributable shortcoming, and the customer, group or agent suffers damages as a result, EU ground Handling & services liability will be limited to a maximum of 100% of the booking value of the agreement, or that part of the agreement to which the liability relates.
9.6 The customer, group or agent is liable vis-à-vis EU ground Handling & services for damages or any other disadvantage suffered by EU ground Handling & services and/or third parties caused by the actions or negligence of the customer, group or agent or third parties “permitted entry” by the customer, group or agent; this includes damage, loss or any other harm to the property and possessions of EU ground Handling & services and/or third parties caused by the customer, group or agent, whatever the cause.
9.7 The participant must be conversant with the law applicable at the location of the programme or activity.
10 Applicable law and final provisions
10.1 Agreements and all offers relating to the formation of an agreement are subject exclusively to Dutch law, including mandatory European law.
10.2 If a part of the agreement or of these general terms and conditions is invalid or voidable, this does not affect the validity of the other part of the agreement or these general terms and conditions. Instead of the void or invalid part, what counts as being agreed will be what most closely reflects, within the limits of that permitted by law, what the parties would have agreed if they had been aware of the invalidity or voidableness.
10.3 Disputes will be submitted to the competent court in Utrecht, unless, pursuant to a mandatory legal provision, another court is designated, and notwithstanding EU ground Handling & services entitlement to designate an alternative competent court of its own choosing.