General terms and conditions StoryTravel Vacation
Postal code: 2312 BP in Leiden
Chamber of commerce number: 63343533
Registration number: 000032268955
VAT number: 204136714B01
Article 1. Definitions
In these General terms and conditions the following meanings will be understood to apply:
1. StoryTravel: StoryTravel, registered at Smidssteeg 15 in (2312 BP) Leiden;
2. The Customer: the natural person taking part in a Tour, or whoever enters into the agreement on behalf of a third party;
3. Parties: a reference to StoryTravel and the Customer taken together;
4. Party: StoryTravel or the Customer;
5. Agreement: the agreement made between StoryTravel and the Customer as confirmed by StoryTravel after reservation:
6. Tour: all tours provided by StoryTravel;
7. Registration: the placing in writing or by telephone by the Customer of a reservation, registration or order with StoryTravel or the acceptance of said reservation, registration or order by StoryTravel;
8. Substitute: the substitute for the Customer in the sense of article X of these General terms and conditions;
9. The Tour guide: the guide appointed by StoryTravel;
10. In writing: everywhere in these General terms and conditions the term ‘in writing’ can be taken to include ‘by email’;
11. Audiotour: a tour during which use is made of a tour stored in an audio format.
Article 2. the scope of the General conditions
- These General conditions will be applicable to all offers, all quotations, all (future) agreements between StoryTravel and the Customer, all services supplied by StoryTravel to Customers, all other activities undertaken by StoryTravel in respect of tours, except where these are expressly excluded by the Parties in writing.
- StoryTravel is entitled to employ third parties for the implementation of the Agreement.
When StoryTravel employs third parties or uses them in the implementation of an Agreement the relevant General conditions are applicable.
- The applicability of any conditions by the customer are expressly rejected. On Registration for a Tour via the StoryTravel website or via an agent processing the Registration on behalf of StoryTravel, the Customer the Customer declares that he has taken notice of these General Conditions and that the Customer agrees to these General Conditions.
Furthermore, on Registration via another website than that of StoryTravel for a Tour that is provided by StoryTravel, the General Conditions of StoryTravel shall be applicable.
- In the case that one or more of the provisions of these General Conditions should become void or be voided, the remaining provisions shall remain in force in their totality. Should one or more of the provisions of these General Provisions lapse, the Parties will consult concerning the replacement of
voided provisions with new ones. Here the aim and sense of the provisions voided or to be voided will be respected wherever possible.
- Where the provisions of these General Conditions are unclear, they will be interpreted according to the aim of these provisions.
- Even where StoryTravel does not demand strict compliance with the General Conditions, this shall not be construed as meaning that the Conditions are no longer applicable. StoryTravel may still demand strict compliance with the conditions.
In this agreement the General Conditions of StoryTravel are applicable; these are downloadable from www.storytravel.nl, and will be sent on free of cost on a first request.
Article 3. The process of concluding an agreement and registration
- An agreement between StoryTravel and the Customer will be concluded at the point at which StoryTravel confirms:
- the registration via the StoryTravel website;
- the registration (via the website of) an agent of StoryTravel;
- the registration in writing.
- StoryTravel may refuse a Registration, as defined in the previous article, by a Customer with having to give a reason. StoryTravel will refuse the Registration in any event, if the Registration is made for fewer than two persons, unless it proves possible to reach a special arrangement by consultation
- All quotes and offers made by StoryTravel are non-binding, unless the quote contains a final date for acceptance. If no final date for acceptance is given, the quote or offer made will in no way be binding, if the product to which the quote or offer refers has in the intervening period become unavailable.
- StoryTravel cannot be held to its quotes or offers if the Customer can be reasonably given to understand that the quotes or offers, or a part of them, contain clear evident mistakes or slips of the pen.
- The prices mentioned in a quote or offer are inclusive of VAT and other official charges.
Costs made in the context of the agreement, including booking costs, are not included in the price given.
- If what the Customer accepts in the agreement differs from what is given in the quote or offer, StoryTravel will not be bound to honor it. The agreement will thus not be reached pursuant to this
divergent provision, unless StoryTravel indicates otherwise.
- A combined price quote does not obligate StoryTravel to perform one part of the agreed work for a given proportion of the price originally quoted. Offers and quotes are not binding for future orders.
- Where an insufficient number of registrations is received, StoryTravel receives the right to annul the tour or to merge groups. If StoryTravel plans to annul or merge a tour, StoryTravel will inform the customers as quickly as possible of the annulment or merger.
Article 4. Offers, invoices, quotes and prices
- Invoices and quotes mention:
- the principal features of the Tour;
- the complete address and contact details of StoryTravel, including a telephone number and e-mail address;
- the total price of the Tour excluding VAT, the total amount of VAT and the total amount payable including VAT;
- where applicable, the costs of delivery;
- the method of payment;
- the VAT StoryTravel;
- the Chamber of Commerce identification number of StoryTravel;
- the invoice number;
- the date of invoice;
- the name and address of the customer.
- Prices mentioned in the offer, the agreement and the general terms include VAT and other official charges, unless otherwise indicated. Prices given on the website include VAT.
- The Customer must meet the full cost of the Tour in a single payment, unless payment in installments has been agreed.
- The Customer must pay the amount mentioned in the invoice submitted by StoryTravel with 14 calendar days (10 working days) from the date of invoice to one of the bank accounts specified on the invoice by StoryTravel and in the currency in which the invoice is drawn up, unless otherwise agreed.
If the invoice amount is not fully remitted within this period, the customer shall be held to be in default, unless otherwise agreed in writing.
- If the Customer does not remit the invoice amount with the stipulated period, StoryTravel will send a written reminder. If StoryTravel is forced following this reminder to send a second reminder, StoryTravel will add a reminder charge of € 15.-. If the Customer remains in default following this reminder, StoryTravel will be entitled to seek the aid of a legal service provider (for example a debt collection agency). From that point the Customer will bear the costs of legal and extra-legal actions, as well of lawful interest payments and of any losses caused by the default.
- The Customer may cancel the Agreement without cost within 14 calendar days (10 working days) from the day on which the Agreement is concluded. The Customer may cancel the Agreement by sending StoryTravel a written notice within 14 calendar days (10 working days) from the day on which the Agreement is concluded, subject to the provision of the article that follows.
- In the even that a Tour is cancelled, a reasonable part of the fee will be owed, depending on the period remaining before the planned beginning of the Tour. The costs owed by the Customer after cancellation will depend on the point in time on which the Customer informs StoryTravel of the cancellation.
- The Customer will remain liable for the following costs to StoryTravel: up to 48 hours prior to the planned date and time of the Tour, the Customer can cancel without cost;if the Customer cancels the tour between 48 hours prior to the scheduled date and time of the Tour and the date and time of the Tour itself, he will remain liable for 50% of the total (group) costs for the Tour.
- If a Customer stops the Tour in the course of the Tour, no recompense will be made. If a Customer, stop the Tour in the course of The Tour, he remains liable for 100% of the total (group) costs.
- In the event that a Customer is prevented from taking part in a Tour or does not take part, he remains liable to StoryTravel for the full cost of the Tour.
- Should the Customer face force majeure or other serious circumstances, the Customer may request StoryTravel for a postponement of the Tour. The Customer and StoryTravel may agree that the Customer can take the Tour at a later date, upon additional payment of € 5.- for administration costs. In this event, cancellation is possible, but, regardless of the date and time of the Tour, the full cost of the Tour remains payable to StoryTravel.
- Should the Customer not be able to attend the Tour, the Customer may with the agreement of StoryTravel alone designate a substitute to take his/her place, providing that StoryTravel is informed of the substitution 48 hours before the date and time of the Tour. If the Customer fails to do this, he will be liable for an administration charge of € 5.- in addition to the sum owed for the Tour.
- StoryTravel reserves the right to cancel the Tour in the event that a Tour attracts less than the minimum number of registrations. In this event StoryTravel shall offer an alternative Tour on another date or shall annul the Agreement. If the Customer is not able or willing to take the Tour at another time, StoryTravel will refund the costs of participation.
Article 5. Obligations and rights of StoryTravel
- StoryTravel will make every effort to carry out the terms of the Agreement to the best of its ability.
- StoryTravel will ensure that there is a Guide for the center of the city where the tour is given.
- StoryTravel will only bear responsibility for a Tour Guide for the city center in which Tours are given.
- The Tour Guide is responsible for only presenting the stories associated with the sites of the city. Responsibility for the safety of the Customer remains entirely with the Customer.
- StoryTravel is not responsible for arranging insurance for the Customer. Should the Customer experience injury or loss during the Tour, StoryTravel is not liable for damages that ensue.
- The Parties agree that article 404 of volume 7 of the Civil Code of the Netherlands is excluded. StoryTravel is entitled to have activities connected with a Tour to be carried out by third parties. Where a Tour is set up with a given person in mind, StoryTravel is entitled to substitute this person by another person with at least the same qualifications.
Article 6. Obligations and Rights of the Customer.
- The Customer is bound to behave properly during the Tour and to follow the instruction of the Tour Guide. In the event of any form of vandalism occurring, the Tour Guide has the right to terminate the Tour immediately. Any vandalism or in appropriate behavior will be seen as a breach of the Agreement, giving StoryTravel the right to terminate the Agreement immediately. The costs of the Tour remain payable.
- If the Customer during the Tour behaves in any way that would under Dutch law be seen as a misdemeanor or felony, this will be seen as a breach of the Agreement, entitling StoryTravel to abrogate the Agreement immediately. The Customer will be deemed to be in breach without prior notice of default.
- The Customer is bound to ensure his own safety. StoryTravel is not responsible for any compensatory damages, including those for consequential losses. StoryTravel is responsible only for the content of the Tour. The security of the Customer is dependent on the Customer’s own alertness and does not form any part of the Agreement. StoryTravel bears no responsibility to the Customer regarding his safety.
Article 7. Duration and termination of the Agreement
- The Agreement begin with the start of the Tour and TERMINATES with the end of the Tour.
- StoryTravel is entitled to terminate the Agreement when the Customer fails to meet the terms of the Agreement, including the General Terms. Examples of non-fulfillment are failure to fulfill, improper fulfillment, incomplete fulfillment. StoryTravel show inform the Customer, should it intend to make use of this provision. The costs associated with the Tour and the liability to pay remain, so that the costs of the Agreement remain payable.
Article 8. Liability and indemnification
- StoryTravel is never liable for direct or indirect damage, including consequential losses.
- Should StoryTravel be held liable, StoryTravel will only be liable according to the provisions of this article.
- StoryTravel is not liable for damage which is a consequence of incomplete details provided by the Customer or of withholding of details by the Customer.
- StoryTravel is never liable for products or services provided free by StoryTravel.
- The Customer must indemnify or compensate StoryTravel for claims by third parties for damages.\
- Should StoryTravel be held liable, liability can only extend to a sum not exceeding the amount of the invoice value of the order, unless the liability concerns a part of the Agreement. Should StoryTravel be held liable for a part of the Agreement, the liability can extend only to a sum not exceeding the amount of the invoice value of that part of the Agreement.
- StoryTravel is, in as far as StoryTravel has already been held liable, only liable for direct damage. All damage that is not direct, is indirect. Direct damage includes:
– the costs of establishing the damage;
– the reasonable costs incurred by the Customer to meet its liability, unless StoryTravel cannot be held liable for these costs;
– reasonable costs made by the Customer to prevent (greater) damage. The Customer must here show that these costs have led to a limitation of the damage. The Customer is in any event obligated to limit the loss as far as possible. If the damage is exacerbated due to the action of the Customer, any right to compensation lapses.
- StoryTravel is not liable for indirect damage such as consequential losses, loss of profits, losses to due to interruption of business, and any other form of indirect damage, except in cases of deliberate intent or gross negligence. StoryTravel is not liable for damage to or by third parties.
Article 9. Intellectual property
- All intellectual property rights associated with the Tour reside with StoryTravel. These include the intellectual property rights stemming from the content of the Tour, images provided by StoryTravel and blogs on the website of StoryTravel.
- The Customer is not permitted to make (audio or video) recordings, unless given permission to do so at the time by the Tour Guide. If the Tour Guide does grant permission to do so, these recordings cannot be used except in a personal capacity in a domestic setting.
- StoryTravel is entitled to use recordings of the Customers for marketing purpose in as far as no confidential information about the Customer is published, unless there is written agreement to the contrary.
- The Customer is not entitled to develop or provide a similar Tour himself or in collaboration with third parties on the basis of the Tour provided by StoryTravel, unless StoryTravel gives written permission to do so.
Article 10. Force majeure, deferment and cancellation due to force majeure
- If a situation arises which there is a question of force majeure, StoryTravel obliges the Customer to inform them of this as soon as possible. StoryTravel will make every effort to continue and complete the Tour at a later time.
- StoryTravel is entitled in cases of force majeure to postpone or cancel the Tour without legal mediation and without any liability for damages. If the force majeure situation lasts longer than five days, both partners are entitled to cancel the Tour without costs or damages.
- Force majeure will in these conditions be understood, alongside the legal interpretation and the interpretation given in the case law of the Netherlands, as an external cause (foreseen or unforeseen) upon which StoryTravel exercises no influence and by which compliance by StoryTravel cannot reasonably be required. Examples include unsafe weather or the physical incapacity of a Tour Guide.
- StoryTravel is entitled to appeal to force majeure in the period in which StoryTravel would have had to comply with its undertakings.
- If it proves impossible to continue or complete the Tour, both parties cancel the Tour. Fees already paid will be restituted in proportion to the number of hours completed of the Tour. StoryTravel may at the moment of cancellation invoice for that part of the work completed in proportion to the price agreed.
Article 11. Applicable law, competent court & amendment of the General Conditions
- The law of the Netherlands is applicable to all offers to the Customer and to Agreements concluded between the Customer and StoryTravel.
- To the exclusion of all others, the competent court, to be understand also as court of interlocutory proceedings (voorzieningenrechter in kort geding), in The Hague, is competent to take cognizance of disputes resulting from legal agreements made between the Customer and StoryTravel or from offers made by StoryTravel.
- StoryTravel may amend these General Conditions. Notice of new General Conditions will be made by transmission to the Customer.
Article 12. Privacy provisions
- Both the Customer and StoryTravel are bound to treat with care confidential information that they receive from one another. Information is confidential if when information is exchanged the Customer or StoryTravel indicate that it is confidential or if confidentiality results from the nature of the information.
- StoryTravel is entitled for the purpose of complying with the Agreement to involve third parties. StoryTravel shall provide necessary information to third parties, such as external Tour Guides, only for the purposes of complying with the Agreement.
- StoryTravel is entitled to use information about the Customer in order to send a newsletter about StoryTravel and information about the Tours that StoryTravel provides. The Customer may at any time unsubscribe from such mailings by sending a signing off notice in writing to StoryTravel.
- A party is not liable for damages or compensation if one party transmits confidential information to a third party without the permission of the other party, if this is done on the basis of the law or of a court injunction.
- Other transmission of confidential information to third parties is only possible with the permission of the other party.
- StoryTravel uses social media for promotional and marketing purposes. StoryTravel has the right to publish photos or videos of Tours. If the Customer objects to this, the Customer may make this known in writing to StoryTravel before or during the Tour. StoryTravel will, wherever reasonable, remove the photo. It will be deemed in any event unreasonable to demand the removal of a photo on which the Customer is not recognizable.
Article 13. Location and amendment of these General Conditions
- StoryTravel is willing – aside from publishing these General Conditions on its website – to resend them if wished if for example they have been lost.
- The most recent version of these General Conditions is applicable to all legal acts of StoryTravel, unless these acts serve in performance of a previously concluded Agreement.