The Dutch version of these terms prevails.
This page contains the terms and conditions of Giethoorn Promotion, Media & Information:
- General terms and conditions for deliveries
- General terms and conditions for rental and hire
- General terms and conditions for packages
General terms and conditions for deliveries
Article 1. Definitions
In these terms of delivery, the following definitions apply:
a. Client: the natural person or legal entity that has instructed the supplier to produce goods or carry out work;
b. Supplier: the natural person or legal entity that has accepted the instruction referred to under a, or has submitted a quotation or offer preceding a possible instruction;
c. Data carriers: magnetic tapes and disks, optical discs and all other media intended for recording, processing, transmitting, reproducing or publishing texts, images or other data by means of equipment, all in the broadest sense of the words.
Article 2: General
These terms of delivery apply to the formation, the content and the performance of all agreements concluded between the client and the supplier.
General (purchasing) terms and conditions of the client apply only if it has been expressly agreed in writing that they will apply to the agreement between the parties to the exclusion of these terms of delivery. The client cannot invoke so-called customary law in this respect.
Article 3: Quotations and offers
The mere issuing of a price indication, estimate, pre-calculation or similar statement, whether or not described as a quotation, does not oblige the supplier to enter into an agreement with the client.
Offers made by the supplier are always without obligation and can only be accepted without deviations. An offer is in any case deemed to have been rejected if it has not been accepted within one month. An offer means a proposal made to the supplier to enter into an agreement that is so defined that its acceptance immediately creates an agreement.
Article 4: Cancellation
The client is entitled to cancel an agreement before the supplier has started to perform it, provided that the client compensates the supplier for the resulting damage. This damage includes the losses suffered and profit lost by the supplier and in any case the costs the supplier has already incurred in preparation, including those for reserved production capacity, purchased materials, services called upon and storage.
Article 5: Price
All prices stated are exclusive of turnover tax (VAT) and other levies imposed by the government.
The price that the supplier has stated for the work to be performed by it applies only to work in accordance with the agreed specifications.
In the case of composite offers, there is no obligation to deliver part of the total work at the amount stated for that part in the offer or at a proportional part of the price stated for the whole.
If no price has been agreed between the parties, but in the year preceding the agreement the parties have concluded one or more agreements of the same or virtually the same content, the price will be calculated on the basis of the production methods used and the calculation rates applied in those agreements.
If, outside the application of the provision in the previous paragraph of this article, no price has been agreed between the parties, if a price has been given only as an estimate or if the agreed price can be changed under these general terms and conditions, the price or the change, as the case may be, is determined according to an amount regarded as reasonable in the graphic industry.
Article 6: Price changes
The supplier is entitled to increase the agreed price if one or more of the following circumstances arise after the agreement has been concluded: an increase in the costs of materials, semi-finished products or services needed to perform the agreement, an increase in shipping costs, wages, employer’s charges, social insurance or the costs of other terms of employment, the introduction of new and increase of existing government levies on raw materials, energy or residual materials, a significant change in exchange rates or, in general, circumstances comparable to these.
If models, copy, data carriers and the like have been submitted for only part of the work to be produced when the price was determined, the supplier is not bound by the price stated for the whole if it turns out that the part not shown requires proportionally more labour than the part that was shown.
Text that requires extra work, unclear copy, unclear sketches, drawings or models, defective data carriers, defective computer software or data files, defective delivery of the materials or products to be supplied by the client and all similar supplies by the client that force the supplier to do more work or incur more costs than it could reasonably expect when entering into the agreement, are grounds for increasing the agreed price. Extraordinary or reasonably unforeseeable processing difficulties arising from the nature of the materials and products to be processed are also grounds for increasing the agreed price.
The supplier is entitled to increase the agreed price, or is obliged to reduce it, if the client makes changes to the originally agreed specifications, including author’s corrections or changed instructions after receipt of the working drawings, models and of typesetting, printing and other proofs. Within reasonable limits, the supplier will cooperate with these changes, provided that the content of the work to be performed by it does not differ materially from the originally agreed work.
Article 7: Payment term
Unless agreed otherwise, the client must pay the price and the other amounts due under the agreement within 30 days of the invoice date. In the case of placing advertisements in periodical or non-periodical publications, the price must be paid within 14 days of the invoice date, in accordance with the invoice of the publisher of the periodical or non-periodical publication concerned. Payment is made without the right to invoke any discount, set-off or suspension. However, payment must be made in cash on delivery if the client is a natural person who is not acting in the course of a profession or business. In the event of late payment as referred to above, the client is in default without the supplier being required to give notice of default.
In the case of an agreed delivery in instalments, the supplier is entitled, after delivery of the first part, to ask not only for payment of that part but also for payment of the costs incurred for the entire delivery, such as those of typesetting, lithographs and proofs.
The client is obliged at all times, regardless of the agreed payment conditions, to provide security at the supplier’s first request for payment of the amounts to be paid to the supplier under the agreement. The security offered must be such that the claim, including any interest and costs, is properly covered and that the supplier can recover it without difficulty. Any security that later becomes insufficient must be topped up to sufficient security at the supplier’s first request.
If the client does not pay on time as referred to in paragraph 1 of this article, the client owes statutory interest on the amount due from the invoice date, because of the delay in paying the amount owed. The supplier is entitled to charge one twelfth of this interest for each month or part of a month in which the client has not fully met its payment obligations.
In the event of late payment as referred to in paragraph 1 of this article, the client is obliged, in addition to the amount due and the interest accrued on it, to pay full compensation for both extrajudicial and judicial collection costs, including the costs of lawyers, bailiffs and debt collection agencies. The extrajudicial costs are set at at least 15% of the principal sum with interest, with a minimum of € 70,-
If the client has not objected in writing to the price charged within eight days of receiving the invoice, the client is deemed to have approved it.
Article 8: Method of delivery; retention of title
Unless agreed otherwise, delivery takes place at the place where the supplier carries on its business.
The supplier is not obliged to deliver the goods produced in instalments.
The client is obliged to give its full cooperation in the delivery of the goods to be supplied by the supplier under the agreement. The client will also be in default without notice if it does not collect the goods to be delivered at the supplier’s first request or, if delivery to its address has been agreed, refuses to accept the goods to be delivered.
Every delivery of goods by the supplier to the client takes place subject to retention of title in those goods until the client has paid everything it is obliged to pay under the agreement, including interest and costs.
If transport of the goods to be delivered has been agreed, this is at the client’s expense, unless carriage-paid (franco) delivery has been agreed. The client always bears the risk during transport. Transport also includes the transmission of data by telephone network and any comparable transmission by any technical means. Acceptance of goods from the supplier by the carrier is proof that they were in good outward condition, unless the contrary is evident from the consignment note or the receipt.
In the case of carriage-paid (franco) delivery, the cheapest method of shipping is always used, unless agreed otherwise in advance. Any additional costs of any other method of shipping are borne by the client.
Stoppage or delay is not at the supplier’s expense, unless caused by its fault.
The supplier is not responsible for storing the goods to be delivered, unless expressly agreed. If storage takes place, it is at the client’s expense and risk.
Article 9: Delivery period
A delivery period stated by the supplier is only indicative, unless it is stated in writing and expressly that it is a final deadline. Even in the case of an agreed final deadline, the supplier is only in default after the client has given it notice of default.
The supplier’s commitment to an agreed final delivery deadline lapses if the client wishes to change the specifications of the work or does not comply with paragraph 1 of Article 12 of these terms, unless the minor significance of the change or the minor delay does not reasonably require the supplier to change the deployment of production capacity that it had originally scheduled.
In the performance of the agreement by the supplier, the client is obliged to do everything that is reasonably necessary or desirable to enable timely delivery by the supplier, in particular by answering the supplier’s questions without delay, by preventing defective supplies as referred to in paragraph 2 of Article 6 and by complying with paragraph 1 of Article 12 of these terms of delivery.
If the client fails to comply with the previous paragraph of this article and with paragraph 3 of Article 7, an agreed final delivery deadline is no longer binding and the client is in default without written notice of default from the supplier being required. Without prejudice to the rights accruing to it by law, the supplier is then entitled to suspend performance of the agreement until the client has remedied this default. After that, the supplier will still perform the agreement within a reasonable period.
Article 10: Inspection on delivery
The client is obliged to examine with due speed after delivery whether the supplier has properly performed the agreement and is also obliged to notify the supplier in writing immediately as soon as it finds otherwise.
The client must carry out the inspection and give the relevant notification within 14 days of delivery at the latest.
The supplier is always entitled to replace an earlier defective performance with a new, proper performance, unless the default cannot be remedied. Defects in part of what has been delivered do not give the right to reject the whole of what has been delivered.
Performance of the agreement is regarded between the parties as proper if the client has failed to carry out the inspection or the notification referred to in paragraph 1 of this article in time.
If the period of 14 days referred to in the first paragraph of this article, judged by standards of reasonableness and fairness, must be regarded as unacceptably short even for a careful and alert client, this period will be extended to the first moment at which the inspection or the notification of the supplier is reasonably possible for the client.
The supplier’s performance is in any case regarded between the parties as proper if the client has put what has been delivered, or part of it, into use, has worked or processed it, has delivered it to third parties, or has had it put into use, worked or processed, or delivered to third parties, unless the client has complied with the first paragraph of this article.
Article 11: Content and amendment of the agreement
The client bears the risk of misunderstandings regarding the content and performance of the agreement if these are caused by specifications or other communications that the supplier did not receive, or received incorrectly, late or incompletely, and that were made orally or by a person designated by the client for that purpose, or were conveyed by any technical means such as the telephone, the fax and similar transmission media.
The materials or data carriers to be supplied by the client, as referred to in Article 1, paragraph c, of these general terms and conditions, must comply with the specifications provided by the supplier.
Article 12: Typesetting, printing or other proofs
The client is obliged to examine carefully for errors and defects the typesetting, printing or other proofs it receives from the supplier, whether or not at its own request, and to return them to the supplier corrected or approved with due speed.
Approval of the proofs by the client is an acknowledgement that the supplier has correctly carried out the work preceding the proofs.
The supplier is not liable for deviations, errors and defects that have gone unnoticed in proofs approved or corrected by the client.
Every proof made at the client’s request is charged in addition to the agreed price, unless it has been expressly agreed that the costs of these proofs are included in the price.
Article 13: Deviations
Deviations between the work delivered on the one hand and the original design, drawing, copy or model, or the typesetting, printing or other proof, on the other, cannot be a ground for rejection, discount, dissolution of the agreement or compensation if they are of minor significance.
When assessing whether deviations in the work as a whole are to be regarded as minor, a representative sample of the work is taken into account, unless individually determined items are concerned.
Deviations that, all circumstances considered, reasonably have no or only a subordinate influence on the usable value of the work are always deemed to be deviations of minor significance.
Minor deviations in colour printing, as well as deviations caused by the structure of the base material, cannot be a ground for rejection.
Deliveries of more or less than the agreed quantity are permitted if they do not amount to more or less than 10%. The larger or smaller quantity delivered is charged or settled accordingly.
With regard to the quality and grammage of paper and board, deviations are regarded as being of minor significance if they are permitted under the tolerance standards stated in the General Terms of Sale (Algemene Verkoopvoorwaarden) of the Dutch Paper Wholesalers Association (Vereniging van Papiergroothandelaren).
Deviations in the other materials and semi-finished products used by the supplier that are permitted under the general terms of sale applying to the supply of those materials and semi-finished products are regarded as deviations of minor significance.
Article 14: Copyright, etc.
The client guarantees the supplier that the performance of the agreement, and in particular the reproduction or publication of the items received from the client, such as copy, typesetting, models, drawings, photographs, lithographs, films, data carriers, computer software, data files, etc., does not infringe rights that third parties can assert under the Dutch Copyright Act (Auteurswet 1912) or other national, supranational or international regulations in the field of copyright or industrial property rights, or the law of tort. The client indemnifies the supplier, both in and out of court, against all claims that third parties can assert under the said act or regulations.
Unless expressly agreed otherwise in writing, the supplier always remains the holder of the copyright that may arise in the copy, typesetting, design drawings, models, working and detail drawings, data carriers, computer software, data files, photographs, lithographs, films and similar production aids produced by it in performing the agreement, even if the work concerned is stated as a separate item in the quotation, the offer or the invoice.
The items to be delivered or delivered by the supplier according to its design, such as copy, typesetting, design drawings, models, working and detail drawings, data carriers, photographs, lithographs, films and similar production aids, as well as any part of that design that belongs to its essence, may not be reproduced or copied in any production process without the supplier’s written permission, even if and insofar as no copyright or other legal protection exists for the supplier in that design.
After delivery by the supplier, the client obtains the non-exclusive right to use the works produced by the supplier in the context of the agreement within the meaning of the Dutch Copyright Act (Auteurswet 1912), or the works within the meaning of paragraph 3 of this article. The right of use is limited to the right of normal use of the items delivered and in particular does not include use for reproducing these items in any production process.
Article 15: Ownership of production aids, etc.
All items produced by the supplier, such as production aids, semi-finished products and auxiliary items, and in particular typesetting, design drawings, models, working and detail drawings, data carriers, computer software, photographs, lithographs and films, remain the property of the supplier, even if they are stated as a separate item in the quotation, the offer or the invoice.
The supplier is not obliged to hand over to the client the items referred to in paragraph 1.
The supplier is not obliged to keep the items referred to in the first paragraph of this article for the client. If the supplier and the client agree that these items will be kept by the supplier, all risks of damage to or destruction of the items concerned are at the client’s expense. The supplier keeps them for a maximum of one year and without the supplier being responsible for their suitability for repeated use.
Article 16: Client’s property, right of pledge
The supplier will keep the items entrusted to it by the client in the context of performing the agreement with the care of a good custodian.
Without prejudice to the previous paragraph of this article, the client bears all risks during storage in respect of the items referred to in paragraph 1. If desired, the client must take out insurance for this risk itself.
The client is obliged to ensure that, before copy, a drawing, a design, a photograph or a data carrier is handed to the supplier, a duplicate of these items is made. The client must keep this in case the items handed over are lost during storage by the supplier or become unusable through damage.
The client grants the supplier a right of pledge on all items that the client brings into the supplier’s possession in the context of performing the agreement with the supplier, as additional security for everything the client may owe the supplier in whatever capacity and on whatever ground, including debts that are not yet due and conditional debts.
Article 17: Force majeure
Shortcomings of the supplier in the performance of the agreement cannot be attributed to the supplier if they are not due to its fault, or are not for its account by law, the agreement or generally accepted views.
Shortcomings of the supplier in the performance of the agreement as a result of war, unrest, flooding, transport disruptions, stagnation in, or restrictions on or discontinuation of, the supply of public utilities or other means of generating energy, fire, machine breakdown and other accidents, strikes, lock-outs, export restrictions, trade union action, other government measures, failure of third parties to supply necessary materials and semi-finished products, intent or gross negligence of auxiliary persons and other similar circumstances, are regarded as not attributable to the supplier and give the client no right to any compensation.
In the event of force majeure, the supplier will notify the client without delay. After receiving the supplier’s notification, the client has the right for eight days to cancel the order in writing, but with the obligation to take from the supplier, and compensate it for, the part of the order that has been carried out.
Article 18: Liability
The supplier’s liability under the agreement with the client is limited to such an amount as, by standards of reasonableness and fairness, is in proportion to the agreed price.
The supplier is not liable for damage of any kind arising because or after the client has put the goods produced into use after delivery, has worked or processed them, has delivered them to third parties, or has had them put into use, worked or processed, or delivered to third parties.
The supplier is furthermore not liable for damage in the form of loss of turnover or reduced goodwill in the client’s business or profession.
The supplier is likewise not liable for damage to materials or products received from the client and to be printed, worked or processed by the supplier, if the client has not, at the latest on entering into the agreement, informed the supplier of the properties and nature of these materials or products and provided proper information about the pre-treatment and surface treatment applied.
If a third party holds the supplier liable for any damage for which it is not liable under the agreement with the client or these terms of delivery, the client will fully indemnify the supplier in this respect and reimburse the supplier for everything it has to pay to that third party.
Article 19: Applicable law, disputes
The agreements between the supplier and the client are governed by Dutch law.
All disputes arising from the agreement to which these general terms and conditions apply will be submitted to the competent judge of the district court (arrondissementsrechtbank) of ‘s-Hertogenbosch.
General terms and conditions for rental and hire
Article 1: Definitions
The amounts stated in these general terms and conditions include VAT. In these terms, the following definitions apply:
- Trader: natural person or legal entity that concludes an agreement for making a rental object available in return for payment.
- Consumer: natural person who is not acting in the course of a profession or business and who enters into an agreement for the use of a rental object in return for payment.
- Rental object: an object designed for staying on and moving across the water, intended for sports or leisure, including the items of equipment and inventory that form part of it.
- Open sailing and motor boat: rental object without cabin accommodation.
- Rental agreement: the agreement by which the trader undertakes to give the consumer the use of a rental object without crew in return for payment.
- Electronic: by email or website.
- Inventory list: list of the items belonging to the rental object.
- Condition list: list on which the parties record, before departure, the condition of the rental object, in particular any damage present.
Article 2: Applicability
- These general terms and conditions apply to all rental and hire agreements for rental objects concluded between the trader and the consumer.
- These terms may have been translated from Dutch into a foreign language. In the event of possible differences between the texts resulting from this translation, the Dutch text prevails.
Article 3: The offer / quotation
- The trader makes the offer orally, in writing or electronically.
- An oral offer must be accepted immediately, otherwise it lapses, unless a period for acceptance is given at the same time.
- The written or electronic offer is dated and is irrevocable during the period stated or, if no period is stated, for ten working days after the date.
- The offer contains a complete and accurate description of the rental object to be supplied and states in any case: the rental period and the port of departure/arrival; the rental fee with any additional costs and the method of payment.
- The offer is accompanied by a copy of these general terms and conditions.
Article 4: The agreement
- The agreement is formed by the consumer’s acceptance of the offer. In the case of an electronic order, the trader sends an electronic confirmation to the consumer.
- Agreements are preferably recorded in writing or electronically.
- A copy of a written agreement must be provided to the consumer.
Article 5: The price and price changes
- The rental price and any extra costs that the consumer must pay are agreed in advance, as is any right to change the price in the meantime.
- Changes in taxes, excise duties and similar government levies can be passed on by the trader at any time.
Article 6: Payment conditions
- Payment of the rental fee must be made within ten working days of receipt of the invoice, but in any case on the start date of the agreed rental period, at the trader’s office or by transfer to a bank account to be designated by the trader.
- The consumer is in default from the expiry of the payment date. After that date has passed, the trader sends a payment reminder and gives the consumer the opportunity to pay within fourteen days of receiving this reminder. If payment has still not been made after the period stated in the payment reminder has expired and the consumer cannot invoke force majeure, the trader is entitled to charge interest from the expiry of the payment date. This interest is equal to the statutory interest plus 3% per year on the amount due.
- If the consumer, after the payment reminder has been sent, fails to pay the amount due, the trader is also entitled to increase the amount referred to in paragraph 2 by the collection costs. Extrajudicial costs are all costs that the trader has to charge for lawyers, bailiffs and anyone else it uses to collect the amount due. The extrajudicial costs are set at: 15% of the first € 2.500,- of the amount due; 10% of the next € 2.500,- of the amount due; 5% of the following € 5.000,- of the amount due; 1% of the following €15.000,- of the amount due.
- Complaints about invoices must be submitted to the trader, preferably in writing and properly described and explained, within a reasonable time after receipt of the invoice concerned.
Article 7: Cancellation
- If the consumer wishes to cancel the rental agreement, the consumer must notify the trader of this in writing or electronically as soon as possible.
In the event of cancellation, the consumer owes the trader fixed compensation of: - 15% of the agreed rental fee in the event of cancellation up to three months before the start of the rental period;
- 50% of the agreed rental fee in the event of cancellation up to two months before the start of the rental period;
- 75% of the agreed rental fee in the event of cancellation up to one month before the start of the rental period;
- 100% of the agreed rental fee in the event of cancellation within one month before the start of the rental period or on the start date of the rental period, all of the aforementioned compensation amounts with a minimum of € 68,-
- By way of derogation from the previous paragraph, in the event of cancellation by the consumer of a rental agreement in which the rental fee is lower than or equal to € 250,-, fixed compensation is owed of:
- 0% of the agreed rental fee in the event of cancellation up to one week before the start of the rental period;
- 50% of the agreed rental fee in the event of cancellation up to two days before the start of the rental period;
- 100% of the agreed rental fee in the event of cancellation within two days before the start of the rental period.
Article 8: The trader’s obligations
- At the start of the rental period, the trader makes the rental object available to the consumer. The trader ensures that the rental object is in good condition, that it can serve the purpose for which it is intended and that it is fitted with proper safety equipment for the agreed area.
- The trader is obliged to insure the rental object adequately for the benefit of the consumer against legal liability, hull damage and theft for navigation in the area agreed between the trader and the consumer.
- The trader may refuse to allow the consumer to depart because of bad weather conditions (wind force 5 Beaufort or more) and/or excessive use of alcohol and/or narcotics.
- Before departure, the trader must sign the condition list for agreement. The trader hands the consumer a copy of the signed condition list.
- If necessary, the trader hands the consumer an inventory list before departure.
Article 9: The consumer’s obligations
- The consumer must have sufficient skills. If the consumer does not have sufficient skills, as judged by the trader, the consumer must in any case be 18 years of age. This age limit of 18 years does not apply to open sailing and/or motor boats.
- The consumer is obliged to check that the inventory stated on the inventory list to be handed to the consumer by the trader, and the safety equipment belonging to the rental object for the area concerned, are present.
- Before departure, the consumer must sign the condition list for agreement.
- If the inventory does not match the inventory stated on the inventory list, or if the safety equipment is incomplete or defective, the consumer must notify the trader of this before departure.
- The consumer uses the rental object as a prudent person and a competent helmsman and in accordance with its purpose. The consumer may not make any changes to the rental object. The consumer may not let anyone else use the rental object without the trader’s written permission.
- At the end of the rental period, the consumer hands the rental object over to the trader at the agreed time and place and in the same condition as in which it was received.
- The costs directly related to the use of the rental object, such as toll, port, bridge, quay, lock and mooring fees and fuel costs, are at the consumer’s expense.
- The consumer needs the trader’s permission to have repairs carried out. The trader reimburses the consumer for the repair costs if itemised bills for them are produced.
- The costs of normal maintenance and repair of defects are at the trader’s expense.
- The consumer must notify the trader as soon as possible of damage of any kind, or of facts and/or circumstances that could reasonably lead to damage.
- The consumer must follow the trader’s instructions for the preservation of the rental object and for the preservation of the trader’s rights.
Article 10: Liability
- The consumer is liable for damage to and/or loss of the rental object, insofar as not covered by the insurance, arising during the time the consumer has the rental object in their possession. The consumer is not liable if the consumer can show that the damage and/or loss was not caused by the consumer or one of the co-hirers, or cannot be attributed to the consumer and/or their party. Damage also includes consequential damage.
- The consumer is fully liable for the (consequential) damage caused by the consumer that is not insured under the insurance referred to in Article 8 if the consumer uses the rental object in an area not agreed between the consumer and the trader.
- The consumer is fully liable for damage and costs, not insured under the insurance referred to in Article 8, resulting from failure to follow the instructions given by the trader for the preservation of the rental object and for the preservation of the trader’s rights as referred to in Article 9, paragraph 10.
- The trader is not liable for damage to property or for any bodily injury/accident unless that damage and/or injury/accident is the direct result of a defect in the rental object made available by the trader.
Article 11: Non-performance of the agreement
- If the trader fails to fulfil its obligations under the rental agreement, the consumer may regard the rental agreement as dissolved without the intervention of a court. The trader must then repay immediately all amounts already paid.
- The consumer is also entitled to compensation for any damage suffered, unless the shortcoming on the trader’s side cannot be attributed to the trader.
- The above does not apply if the trader offers an alternative that is reasonable for both parties.
- If the rental object is handed over at the agreed place later than the agreed time, the trader is entitled to a proportionate increase in the rental fee and to compensation for further (consequential) damage, unless the late return cannot be attributed to the consumer.
- If the consumer does not hand over the rental object in the same condition as in which it was received, or if the consumer has not acted in accordance with Article 9 of these terms, the trader is entitled to restore the rental object, at the consumer’s expense, to the condition it was in at the start of the rental period. The latter does not apply if the costs concerned are covered by the insurance.
Article 12: Complaints
- Complaints about the performance of the agreement must be brought to the trader’s attention in writing or electronically, properly described and explained, within a reasonable time after the consumer has discovered or could have discovered the defects.
- Failure to submit the complaint in time may result in the consumer losing their rights in this respect, unless the consumer cannot reasonably be held responsible for exceeding the period.
- If it has become clear that the complaint cannot be resolved by mutual consultation, there is a dispute.
Article 13: Deviation from the terms
Individual deviations from these general terms and conditions, including additions and extensions, must be recorded in writing or electronically between the trader and the consumer.
Article 14: Choice of law
Dutch law applies to all disputes relating to this agreement, unless another law applies on the basis of mandatory provisions.
General terms and conditions for packages & other bookings
These terms apply to all bookings, offers, quotations and agreements with Giethoorn Promotion, Media & Information
Article 1 Group size
The minimum group size differs per package. Smaller groups are usually possible by arrangement, with a surcharge.
Article 2 Formation of the agreement
An agreement is formed upon receipt of the confirmation. Anyone who enters into an agreement on behalf of or for the benefit of a group is jointly and severally liable for all obligations arising from this agreement.
Article 3 Payment
Payment for the reservation must be made to the company where the reservation was booked. This can be done by transferring the amount due; for this, contact must be made with the company where the reservation was booked. The full amount can also be paid in cash or by debit card on the day of the reservation BEFORE the activities begin. Drinks and food are NOT included in the package price, unless explicitly stated.
Article 4 Package price
- If a guest arrives late, this can have consequences. Parts of the programme may lapse as a result.
- The following are not included in the package price:
- transport by coach; unless agreed otherwise in writing.
- The costs of travel luggage, travel accident, medical expenses and cancellation insurance
- Any additional costs for extra drinks and food, activities and materials used.
- The costs mentioned under 4.2c are settled by the customer on the same day with the supplier concerned, unless agreed and confirmed otherwise in writing. Unless stated otherwise, the published prices apply per person.
- The published prices are based on the prices and conditions as they were known when the programme was drawn up.
Article 5 Changes by the participants
Changes by the customer to the agreed programme can be arranged if and insofar as possible.
Article 6 Cancellations
- If the reservation is cancelled or changed, the following amounts are charged per reservation, unless agreed otherwise.
- In the event of cancellation more than 2 months before the time at which the programme would have started, € 50,- is charged.
- In the event of cancellation more than 1 month before that time: 15% of the package price with a minimum of € 75,- per group
- In the event of cancellation more than 14 days before that time: 35% of the package price
- In the event of cancellation more than 7 days before that time: 60% of the package price
- In the event of cancellation more than 3 days before that time: 85% of the package price
- In the event of cancellation 3 days or less before that time: 100% of the package price
- Cancellations must be made in writing and dated.
- The number of participants can be reduced within a margin of 10% up to five working days before departure, after which the known group size applies. For a reduction in the number of participants of more than 10%, the cancellation provisions are applied. Any reduction or increase in the number of participants must be communicated in writing by email to the company where the reservation was booked.
Article 7 Programme not going ahead / change by the company where the booking was made
- If, owing to circumstances lying exclusively within the company’s own business operations, the company where the booking was made decides that the programme will not go ahead or that changes will be made to it, the company where the booking was made is obliged to notify the customer immediately.
- If the programme does not go ahead because of the company where the booking was made, the company is obliged to refund immediately the payments already made (in full or in part).
Article 8 General reservation
- The company where the booking was made reserves the right to make changes to the itinerary and the associated programme components, if there are valid reasons for doing so.
- Only Dutch law applies to the rental conditions