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General
terms and conditions of the Vereniging
van ANVR Luchtvaartagenten en Zakenreisbureaus (VLZ)
(the Dutch association of ANVR airline agents and business travel
agents) |
| §
1. Applicability |
|
| 1.1
|
The present general terms and conditions
(hereinafter: the general terms’) govern the legal relationship
between the business travel agent on the one hand and its principal(s)
on the other. |
| 1.2 |
The present general
terms can be distinguished from the ANVR Reis- en/of boekingsvoorwaarden’
(the ANVR travel and/or booking terms) in the sense that the present
general terms will be exclusively applicable if the principal is
a natural person or legal entity acting in the course of their business
or profession. |
| §
2. Definitions |
|
| 2.1
|
The business travel agent
(hereinafter: The agent‘): the party providing travel information
and advice within the framework of their business activities, in
the widest sense of the words, and which also acts as intermediary
in the formation of agreements for travel services between the principal
and third parties (the service provider). |
| 2.2 |
The principal: the party
which instructs the agent to provide travel services. |
| 2.3 |
The traveller: the natural
person on whose behalf the agreement with the agent and/or service
provider is entered into. |
| 2.4 |
The service provider: the
carrier or the party providing accommodation or other services,
with whom the principal enters into an agreement via the agent mediation.
The service provider is responsible for providing the services under
the terms of its own terms and conditions. |
| §
3. The instructions |
|
| 3.1 |
The service provided by
the agent could entail providing the principal with information
and advice as well as mediating in the formation of an agreement
between the principal and the service provider. |
| 3.2 |
The principal is bound
by the instructions vis-a-vis the agent and the service provider,
irrespective of whether the latter issue a confirmation. |
| 3.3 |
If the agent or the service
provider issue the principal with a confirmation, this will be deemed
to serve as evidence of the contents of the agreement(s), without
prejudice to the provisions of 3.2 above. |
| 3.4 |
The principal is fully
liable both vis-a-vis the agent and the party which ultimately provides
the service for the obligations which arise from the service. |
| §
4. Information |
|
| 4.1 |
The principal must provide
the agent with any information on the principal itself and/or any
other travellers which is necessary for the formation of the agreement
and its execution, including addresses and phone numbers of the
persons to be notified in case of emergencies. |
| 4.2 |
The fees for the
services to be provided under the service provider terms, and under
the present general terms, may be amended, even after the agreement
has been entered into. Such amendments will be announced and on
charged at the earliest opportunity. If a charge is payable for
any service provided by the agent, this fact must be announced in
advance. |
| 4.3 |
No fee changes can be on
charged after the principal and/or the traveller has taken receipt
of the ticket and/or other travel documents. |
| 4.4 |
The principal must
ensure that s/he and/or the other travellers have the necessary
documents upon departure, such as a valid passport and any visa,
inoculation certificates and vaccinations which may be required. |
| 4.5 |
The principal and/or traveller
himself must obtain the necessary extra information s/he requires
from the relevant authorities and will check whether the information
previously obtained is still correct, in good time before departure. |
| 4.6 |
The principal and/or traveller
must abide by the instructions issued by or on behalf of the service
provider, and in particular the check-in times and/or recommended
transit times. |
| §
5. Amendments and cancellations |
|
| 5.1 |
Prior instructions can
only be amended or cancelled at the request of the principal and
only during the hours in which the agent is normally open. |
| 5.2 |
If prior reservations
are amended or cancelled at the request of the principal, the latter
will be charged for the costs connected therewith. In addition to
the costs charged by the service provider, these could also include
the costs which the agent itself charges for cancelling and/or amending
reservations. |
| 5.3 |
If the principal
cancels or amends the service himself or herself directly, the costs
connected therewith will be for his/her account. |
| §
6. Liability |
|
| 6.1 |
The agent will safeguard
the interests of the principal and the traveller with the degree
of due care which is reasonable under the given circumstances. |
| 6.2 |
The agent accepts no liability
for acts and/or omissions committed by the relevant service providers
in providing the services, nor for the accuracy of the information
provided by the latter, including the accuracy of the photos, brochures
and/or other information material provided by or on behalf of these
service providers. Neither is the agent liable for the insolvency
of the service provider. |
| 6.3 |
If the agent is
guilty of any default or shortcoming which justifies rescission
of the agreement under section 6:265 of the Netherlands Civil Code,
its liability for the damage suffered by the principal and/or the
traveller is restricted to a maximum of the full travel sum quoted
on the invoice. If the agreement is rescinded on those grounds,
the agent is furthermore required to restitute any advances paid. |
| 6.4 |
The agent is not
liable for any delays suffered by the traveller for any reason whatsoever
and any damage arising there from. This will include but not be
restricted to delays caused by technical breakdowns of the relevant
vehicle; weather conditions; traffic congestion; strikes and/or
blockades, the failure to catch connecting transportation; over-booking;
amendments to or the cancellation of travel arrangements by the
service provider. |
| 6.5 |
The exclusions and restrictions
described in the present paragraph will also be applicable to the
agent’s staff. |
| §
7. Payment |
|
| 7.1 |
All invoices must be paid
to the agent within fourteen days, in the manner indicated by the
agent. |
| 7.2 |
In the event of
overdue payment, the principal will be in immediate default and
required to pay statutory interest over the outstanding sum. The
principal is furthermore required to reimburse extra-judicial costs,
including the costs incurred for fixing the damage and liability
and the costs for ensuring extra-judicial payment, fixed at 15%
of the principal sum, with a minimum of NLG 150. |
| §
8. Applicable law |
|
| 8.1 |
Any disputes which arise
between the agent and the principal and/or traveller will be subject
to the law of the Netherlands. |
| 8.2 |
Unless the agent decides
otherwise or the law stipulates that a different court has jurisdiction,
the judge presiding over the court in the place where the agent
is located will be authorised to adjudicate on any disputes. |
