General Transport and Travel Conditions

General Transport and Travel Conditions - Limousine.nl

of ABC-Specials BV and Prestige Coach Service

o.o.u.n: vipbus.nl - vipbus-huren.be – limousine.nl – limousine-huren.be - partybus.nl – partybus-huren.be – limobus.nl – limobus.be – Karwin bv

(as filed with the Dutch Chamber of Commerce under number 20139589)

1.1 Transport Agreement: the agreement for the transportation by coach of one or more persons and, where applicable, their luggage, which is not considered a Travel Agreement as defined under Article 1.4 hereafter, and with the exception of public transport services, to which the CLA Private Bus Transport does not apply.

1.2 Carrier: the party who undertakes, pursuant to the Transport Agreement as defined under Article 1.1, to provide transportation.

1.3 Client: the counterparty of the Carrier under a Transport Agreement.

1.4 Travel Agreement: the agreement by which a Tour Operator undertakes towards its counterparty to provide a pre-arranged coach journey offered by it, which includes at least one overnight stay or a period exceeding 24 hours, as well as at least two of the following services:

c. another tourist service not related to transport or accommodation, which forms a significant part of the journey.

1.5 Tour Operator: the party who, in the course of its business, offers pre-arranged coach journeys to the public or to a group of persons, in its own name.

1.6 Passenger: a person transported by the Carrier by coach, or, in the context of a Travel Agreement:

a. the counterparty of the Tour Operator;

b. the person on whose behalf the journey has been contracted, and who has accepted this stipulation;

c. the person to whom the legal relationship with the Tour Operator has been lawfully transferred.

1.7 Financial: [creditor] means the party to whom a debt is owed; [debtor] means the party who owes a debt; [payment term] means the period within which invoices must be settled.

2.1 Every offer made by the Carrier or the Tour Operator shall be revocable, even if a period for acceptance is stated therein. Any offer to enter into a Transport or Travel Agreement made by the Carrier or Tour Operator shall be without obligation and may therefore be revoked by them, even after acceptance of the offer by the Client or Passenger.

2.2 Any person entering into an agreement on behalf of or for the account of another shall be jointly and severally liable for all obligations arising from the agreement. The other Passenger(s) shall each be liable for their own share.

2.3 Preferably, the agreement shall be established by delivery of a duly signed journey order. However, if the journey order has not been signed, but the booking of the journey is evident from e-mail correspondence, such digital booking shall likewise constitute a valid conclusion of the Transport Agreement in accordance with the General Transport and Travel Conditions of ABC-Specials.

2.4 In principle, the General Transport and Travel Conditions of ABC-Specials apply to transport assignments. Other types of assignments (not being transport), such as branding or rental of DJ equipment between the Client and ABC-Specials, shall likewise fall under these General Transport and Travel Conditions of ABC-Specials.

3.1 Unless otherwise agreed, the fare shall be exclusive of VAT and other government levies, exclusive of parking fees, exclusive of accommodation costs, exclusive of meals, exclusive of tolls, and exclusive of any other charges.

3.2 The Carrier shall be entitled to pass on to the Client any increase in costs associated with the performance of the agreement, for example as a result of an increase in fuel prices, wages, the prices of consumables, or levies owed, by means of an increase in the agreed fare.

3.3 The Carrier shall likewise be entitled to increase the agreed travel sum in connection with changes in transportation costs, including fuel prices, levies owed, or applicable exchange rates. The Carrier shall also be entitled to pass on to the Client any unavoidable additional costs which the Carrier is required to pay for the services offered. “Unavoidable additional costs” are understood to mean costs associated with the service offered.

3.4 The Client or Passenger shall be obliged to pay any additional costs charged to them if:

a. at their request or due to circumstances attributable to them, more kilometres are travelled and/or more labour hours are incurred than are included in the fare or travel sum;

b. at their request or due to circumstances attributable to them, the execution of the transport or journey deviates in any way from that provided for in the agreement (for example in the route, timetable, catering, or accommodation).

4.1 Payment: unless otherwise agreed in writing, the payment term shall be 8 days after the invoice date. If the invoice date is 8 days or fewer prior to the start of the journey, the invoice must be settled no later than 2 working days before commencement of the journey.

4.2 Payment shall at all times be made without deduction and/or set-off.

4.3 If payment is not made within the aforementioned term or any other term agreed in writing, the Debtor shall owe default interest of 2% per calendar month, calculated from the date of default, with part of a month counting as a whole month. At the end of each calendar year, the amount over which interest is calculated shall be increased by the interest due over that year.

4.4 In deviation from Articles 6:43 and 6:44 of the Dutch Civil Code, payments made by the Debtor shall always be applied to the oldest outstanding debt. Payments shall first be applied to collection costs (if any), then to accrued interest, and finally to the principal and current interest.

4.5 Extrajudicial collection costs: if the Debtor fails to pay within the stipulated payment term after the invoice date, the claim shall be transferred to a collection agency. All costs associated with collection shall be borne by the Debtor. From the date of default, the Debtor shall always owe extrajudicial collection costs in addition to the principal sum. The reimbursement for extrajudicial collection costs shall amount to at least 15% of the total outstanding principal including VAT and interest, with a minimum of EUR 375. This provision deviates from Article 6:96 paragraph 5 of the Dutch Civil Code and the Decree on reimbursement for extrajudicial collection costs, and shall not affect the Creditor’s right to claim a higher amount if actual costs incurred can be demonstrated.

4.6 If the Creditor initiates legal proceedings (including arbitration and binding advice), the Debtor shall be obliged to reimburse the actual costs incurred in connection with such proceedings. These costs include the fees of lawyers, authorised representatives, as well as the fees and court registry fees payable to arbitrators or binding advisors, even if these exceed any cost award that may be imposed pursuant to Articles 237 et seq. of the Dutch Code of Civil Procedure.

4.7 This reimbursement of costs shall always be charged to and owed by the Debtor as soon as (internal or external) legal assistance has been engaged by the Creditor, or collection measures are taken by the Creditor, without the need for any further form of proof.

5.1 If the client terminates the transport agreement, he is obliged to compensate the damage suffered by the carrier as a result, and the client, in addition to reimbursing any costs already incurred by the carrier on his behalf, shall owe the following compensation to the carrier:

a. if the cancellation takes place at least 22 days before the day on which the transport commences: 15% of the agreed trip price with a minimum of €35;

b. if the cancellation takes place on the 21st day or between 21 and 14 days before the day on which the transport commences: 30% of the agreed trip price;

c. if the cancellation takes place on the 14th day or between 14 and 2 days before the day on which the transport commences: 50%