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General terms and conditions
1. Definitions
In these general terms and conditions, the following terms are used in the following sense, unless explicitly stated otherwise:
1.1 The 'VVV': Stichting Regio VVV Hart van Noord-Holland, established at Waagplein 2, (1811 JP) in Alkmaar, registered in the trade register of the Chamber of Commerce under number 41240685. VAT number: NL8067.24.092.B01
1.2 The 'Customer': the natural or (legal) person to whom the VVV sells/supplies products.
1.3 The 'Customer': the natural or (legal) person on whose instructions the VVV makes a reservation or agreement with a Service Provider through mediation.
1.4 The 'Service': the accommodation, transport, excursion, Event, museum visit or any other (tourist) activity.
1.5 The 'Service Provider': the accommodation provider, the carrier, the excursion provider, the event organiser, the museum or another party with whom the Customer enters into an agreement and who is responsible for the performance of the Service.
1.6 The 'Order': the order from a Customer to the VVV to make a reservation or agreement with a Service Provider. Execution of this order will result in an agreement between the Customer and the Service Provider. The VVV is explicitly not a party to this agreement, but merely acts as an intermediary.
1.7 The 'Group Arrangement': the Order for a group of eight persons or more, unless stated otherwise.
1.8 The 'Day Tour': a tourist, recreational or cultural activity of less than 24 hours organised by the VVV itself, which does not include an overnight stay.
1.9 The 'Event': a meeting or event in which the VVV is directly or indirectly involved.

2. VVV activities: provision of information, sale & mediation
The VVV provides tourist and recreational information and can organise or be involved in Day Trips and Events. The VVV also sells and supplies various products. In addition, the VVV mediates in the conclusion of agreements between Clients on one hand and Service Providers on the other hand in the field of, among other things, Services. The mediation activities consist of the reservation of Services or products and the financial processing thereof, on the instructions of and in the name of the Customer. The sale of products and brokerage for Services takes place via various channels, such as the internet, telephone, e-mail and at the VVV branch.

3. Applicability of the general terms and conditions
3.1 These general terms and conditions apply to all quotations, Services, Orders, products, activities and other obligations of/with the VVV, including (but explicitly not limited to):
- all sales and deliveries of products by the VVV to Customers;
- all Orders accepted by the VVV; and
- the organisation of or involvement in Day Trips and Events.
3.2 Any deviations from these general terms and conditions are only valid if they have been agreed in writing.
3.3 If one or more provisions of these general terms and conditions are null and void or are annulled, they will be deemed to have been replaced by a clause that comes as close as possible to the meaning of the null and void or annulled provision. The other provisions remain in full force and effect.
3.4 The VVV explicitly rejects the applicability of any other general terms and conditions that are used by the Customer, Service Provider or Customer or to which reference may be made in any way.
3.5 VVV has the right to amend these general terms and conditions, regardless of any changes that may be made to existing agreements.

4. Sale and delivery of products
4.1 Offers
All offers, budgets, quotations and quotations from the VVV, both verbally and in writing, are without obligation.
4.2 Conclusion of agreements
An agreement will only be concluded when VVV issues a written order confirmation, or when VVV has commenced the execution of the order, or when VVV has in any way informed the Purchaser or the Customer that it will or will commence the execution of the order.
4.3 Price change
In the event that the purchase price of a product increases, the VVV is entitled to change the quoted, offered or agreed price as such prior to the conclusion of the agreement as referred to in Article 4.2, as well as up to 4 weeks after the conclusion of the agreement (insofar as the implementation of the agreement has not yet commenced). If the agreement has been concluded and the VVV decides to change the price within the aforementioned 4 weeks, the Customer has the right to dissolve the agreement.
4.4 Delivery
4.4.1 Products are delivered via the VVV's own delivery service, by post, the Internet or at the desk at one of the VVV branches.
4.4.2 Unless otherwise agreed, the VVV strives to deliver the products within five working days in the event of delivery by post or by its own delivery service.
4.4.3 If the agreed delivery period is exceeded, the VVV will not be in default and will not lead to the dissolution of the agreement.
4.4.4 The VVV has the right to charge shipping costs to the Customer.
4.4.5 The VVV is entitled to make partial deliveries.
4.4.6 The VVV reserves the right not to deliver products and to dissolve the agreement if its use is contrary to the nature, scope and/or destination of the product. The VVV will inform the Customer of this in writing.
4.5 Payment
4.5.1 All invoices have to be paid within the stated term, without the Customer having to
may claim a discount, set-off or set-off.
4.5.2 If the Customer has not paid the amount due within the set period, he is immediately in default by operation of law. From that moment on, he will owe statutory interest and extrajudicial collection costs.
4.5.3 A surcharge may be charged for payment by credit card.
4.5.4 The VVV is entitled to charge administration costs.
4.5.5 The Customer and Principal are not entitled to suspend payment.
4.5.6 If the Customer is in default of payment vis-à-vis VVV, VVV has the right to suspend the further execution of all current agreements between the parties until such payment has been made, while in the case of further orders or deliveries cash payment in advance can be demanded by VVV.
4.6 Cancellation of orders, exchange of articles and complaints
4.6.1 If an order is cancelled before delivery has taken place, any costs incurred as a result of the cancellation will be charged to the Customer.
4.6.2 Delivered gift vouchers cannot be exchanged for money.
4.6.3 Articles - with the exception of gift vouchers, admission tickets and other voucher products - can be returned within 14 days after delivery on presentation of the sales receipt or invoice, provided they are unused and in their original condition.
4.6.4 Complaints concerning visible defects must be reported to the VVV in writing within 7 days after delivery, unless the Customer demonstrates that he was unable to inspect the goods within the term. Complaints concerning hidden defects must be submitted to the VVV in writing within 7 days after the Customer becomes aware of the defects or could reasonably have been aware of them.
If the Customer complains too late, any rights he may have will lapse.
4.6.5 Contrary to Article 4.6.4, complaints concerning gift vouchers must be submitted to the VVV in writing within 24 hours of delivery.
4.7 Indemnification by the Customer.
The Customer indemnify the VVV against all third-party claims relating to products and Services delivered by the VVV to the Customer, as a result of which these third parties may have suffered damage, regardless of the cause or time of occurrence.

5. Intermediary activities, Day trips and Events
5.1 Applicability
Insofar as Article 5 does not deviate from the other terms and conditions regarding the VVV's mediation activities, Article 5 applies in full. The provisions of this article 5 apply mutatis mutandis to Day Trips and Events, as long as the meaning of the provisions in question is not incompatible with the nature of the Day Tour or Event.
5.2.1 The VVV mediates, on behalf of the Customer, in making reservations regarding accommodation, transport, excursions, Events, museums, attractions, etcetera. Handling the payment and possible cancellation of the reserved Service is part of the mediation activities.
5.2.2 Reservations can be made via the website of the VVV, by telephone,
by e-mail or at one of the VVV branches in the Netherlands.
5.2.3 The order to make reservations will be effected at the moment that the
order, given orally or in writing or via the internet, has reached the VVV,
irrespective of whether a confirmation is immediately provided by the VVV or the Service Provider.
5.2.4 Contrary to Article 5.2.3, the order to provide a Group Arrangement will only be concluded at the moment that the VVV has received an order confirmation signed by the Customer. The Customer is fully and severally liable for all obligations arising from the Order for the Group Arrangement.
5.2.5 The agreement between the Customer and the VVV focuses on and is limited to the mediation activities. The result of the mediation is an agreement between
the Customer on the one hand and the Service Provider on the other hand with regard to the reserved Service. The VVV is not a party to this agreement.
5.2.6 On the agreement between the Customer and the Service Provider, the following conditions, if any, conditions of the Service Provider shall apply. These conditions are drawn up by the VVV and may be requested if available.
5.2.7 The VVV is entitled to charge mediation costs.
5.2.8 The Customer will provide the VVV in good time with all data required for the conclusion of the agreement with the Service Provider and the execution thereof.
5.2.9 Prices of the reserved Services can be changed in accordance with the conditions of the Service Provider. The VVV will inform the Customer of this change as soon as possible and pass it on to the Customer.
5.3 Payment
5.3.1 Payment will be made by crediting the amounts due to the VVV's account. The VVV temporarily retains the money for the Service Provider but does not become a party to the agreement between the Service Provider and the Customer on receipt of the amounts due.
5.3.2 Within 14 days of issuing the order, 50% of the amounts owed must be paid by the Customer.
5.3.3 Contrary to Article 5.3.2, in the case of Group Arrangements, 50% of the amount due must be paid in full.
amounts to be paid within 14 days of the invoice date. If the total amount due is
less than € 500,- then the amounts due must be paid immediately and are paid in full at the time the commission is given.
5.3.4 The remainder of the amounts due must be credited to the account of the VVV no later than 14 days before the start of the reserved Service. In the case of Group Packages, the remainder of the amounts due must be credited to the account of the VVV no later than 21 days prior to commencement of the reserved Service.
5.3.5 For Assignments given within one month before commencement of the reserved Service, the amounts due must be paid in full and with effect from the moment the order is given.
5.3.6 After payment, the Customer will receive a confirmation of the reservation.
5.3.7 Without prejudice to the provisions of Article 8, the VVV has the right to dissolve the agreement for mediation between the VVV and the Customer with immediate effect if the set payment terms are exceeded. In that case, the VVV will cancel the reserved Service and recover any costs involved from the Customer. Amounts already paid will not be refunded.
5.4 Modification and cancellation
5.4.1 Changes to the reservation at the request of the Customer will be made by the VVV if and insofar as this is possible. Changes to the reservation that are processed by the VVV will be subject to change and/or administration costs. Any alteration and/or administration costs charged by the Service Provider will at all times be passed on in full by the VVV to the Customer. The Customer will ensure timely payment.
5.4.2 Contrary to Article 5.4.1, changes to a Group Arrangement will be processed by the VVV free of charge the first time. Subsequent changes will be subject to change and/or administration costs in accordance with Clause 5.4.1. Reduction of the number of participants in a Group Arrangement within a margin of 10% is possible up to five working days before commencement of the Group Arrangement against payment of the change and/or administration costs due. Thereafter, the last known group size will apply. If the number of participants is reduced by more than 10%, the cancellation provision of Article 5.4.4 will be applied. Changes to the number of participants must be notified in writing, by fax or by e-mail. Any change and/or administration costs charged by the Service Provider as a result of the foregoing will at all times be passed on in full by the VVV to the Customer. The Customer will ensure timely payment.
5.4.3 The VVV reserves the right to make changes to (the programme of) the Orders, if and insofar as there are sound reasons to do so.
5.4.4 Reservations can be cancelled in writing during working days at the VVV or
directly to the Service Provider. As a mediator, the VVV does not charge any cancellation costs. However, any cancellation costs charged by the Service Provider will be passed on to the Customer. In the event of a cancellation, any brokerage costs charged and any amendment costs will not be refunded.
5.4.5 Contrary to Article 5.4.4, in the event of cancellation of a reservation for a Group Package, a Day Tour or an Event or participation in it, the Customer does owe the VVV cancellation costs, in accordance with the following:
- in the event of cancellation more than three months before the start of the Group Package / Daytrip / Event: € 50;
- in case of cancellation more than two months before the start of the Group Package / Daytrip / Event: 15% of the total price for the Group Package / Daytrip / Event with a minimum of € 75,-;
- in case of cancellation more than one month before the start of the Group Package / Daytrip / Event: 35% of the total price of the Group Package / Daytrip / Event;
- in case of cancellation more than fourteen days before the start of the Group Package / Daytrip / Event: 60% of the total price of the Group Package / Daytrip / Event;
- Cancellation more than five days before the start of the Group Package / Daytrip / Event: 85% of the total price of the Group Package / Daytrip / Event;
- in case of cancellation five days or less before the start of the Group Package / Daytrip / Event: 100% of the total price of the Group Package / Daytrip / Event.
In addition, there will be no refund of any brokerage or alteration fees charged.

6. Liability
6.1 Complaints about the sales, mediation or other activities of the VVV, such as the organisation of or involvement in Day Trips and Events, can be submitted to the VVV in writing no later than one month after the end of the sale, reserved Service or other activity. If the Customer complains too late, any rights he may have will lapse.
6.2 As stipulated in Article 5.2.5, the VVV is not a party to the agreement between the Customer and the Service Provider; the VVV is therefore not liable for the (quality of the) reserved Service. In the event of complaints about the (quality of the) reserved Service, the Customer must contact the Service Provider directly. If the complaint about the (quality of the) Service is submitted to the VVV, the VVV will forward the complaint to the Service Provider for further processing.
6.3 Because the VVV is only an intermediary in the case of Services, the VVV is never liable for any damage suffered by the Customer as a result of the reserved Service.
6.4 The VVV is not liable vis-à-vis the Customer for damage as a result of products sold and delivered.
6.5 The VVV may be involved in an Event. Unless explicitly indicated otherwise by the VVV, the VVV does not act as an organiser of Events. It is involved in this by virtue of its function in the field of tourism and recreation. In principle, the VVV is not responsible as organiser for the smooth running of Events.
6.6 The VVV is never liable for damage as a result of inaccuracy or incompleteness of photographs, brochures, leaflets and other information about, for example, the (quality of the) reserved Service, products supplied, Day trips, etc. The VVV is not liable for any damage resulting from the incorrectness or incompleteness of the photos, brochures, leaflets and other information about, for example, the (quality of the) reserved Service, products supplied, Day trips or Events etc. unless there is intent or gross negligence on the part of the VVV.
6.7 Insofar as the VVV is in any way liable to the Client/Buyer or other contracting party and the Client/Buyer or other party suffers loss as a result, the VVV's liability will be limited to a maximum of 25% of the invoiced amount. In any event, the VVV's liability will never exceed the amount paid out under the VVV's liability insurance in the case in question. The VVV will not be liable for any damage for which the Client/Buyer or any other contracting party is insured.
6.8 In principle, the VVV does not organise travel. Without prejudice to the provisions of the preceding paragraphs and if and insofar as the VVV is nevertheless regarded as a tour operator pursuant to Article 7:500 of the Dutch Civil Code, the VVV's liability for damage other than that caused by death or injury is limited to a maximum of three times the invoiced amount.
6.9 The VVV is not responsible for any promises made by its staff and/or third parties that deviate from the conditions stated in these conditions or in the conditions of the responsible Service Provider, unless such promises have subsequently been confirmed in writing.
6.10 The exclusions and limitations of liability set out in this article also apply to the staff of the VVV and/or the third party(ies) engaged by the VVV.

7. Force majeure
7.1 The parties are not obliged to fulfil any obligation if and insofar as they are hindered to do so as a result of a circumstance that cannot be attributed to their fault, and neither by virtue of the law, a legal act or generally accepted views for their own account.
7.2 In the event of force majeure as referred to in this article 7.1, VVV is entitled, at its discretion, either to extend the delivery time by the duration of the force majeure situation, or to dissolve the agreement without VVV being obliged to pay any compensation.

8. Dissolution, statutory interest and extrajudicial costs
8.1 If amounts due have not been paid within the set period, the Customer/Client or other contracting party shall be immediately in default by operation of law and shall owe statutory interest and extrajudicial collection costs on the outstanding amount.
8.2 The extrajudicial collection costs shall not exceed 15% of the claim(s), with a minimum of € 40.
8.3 Payments made by the Customer/Client or other contracting party shall always serve to settle all interest and costs due and subsequently the invoices that have been outstanding the longest, even if the Customer, Client or other contracting party states that the payment relates to a later invoice.
8.4 In the event of bankruptcy, debt rescheduling (WSNP), suspension of payments, attachment, placing under guardianship or if the Customer/Client or other contracting party otherwise loses the power to dispose of all or part of its assets, the agreement will automatically be dissolved. The Purchaser/Client or other contracting party is liable for any damage suffered by the VVV.

9. Other provisions    
9.1 These general terms and conditions and the agreement between the parties are exclusively governed by Dutch law.    
9.2 All disputes that may arise as a result of these general terms and conditions and/or the agreement between the parties shall be submitted to the competent court in Rotterdam.    
9.3 The Vienna Convention on Contracts for the International Sale of Goods (CISG) does not apply to these general terms and conditions or to the agreement between the parties.


These general terms and conditions were filed on 17-05-2019 at the office of the Chamber of Commerce in Utrecht under number 41240685.

 

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