Business Terms and Conditions

Introduction

These Business Terms and Conditions apply to all travel services provided by the travel company based on a framework agreement. This may include the facilitation of tickets on a regular basis, but also services facilitating overnight stays or other travel services.

Because the travel company offers and provides these services on a business-like basis and based on a framework agreement, the provisions of Title 7A of Book 7 of the Dutch Civil Code (package travel and linked travel arrangements) do not apply to the legal relationship between the travel company and the business client.

Article 1. Applicability

• These General Business Terms and Conditions govern the relationship between the travel company and its client(s).
• These Business Terms and Conditions and the exclusions and/or limitations of the travel company's liability are also for the benefit of employees, agents, and intermediaries.
• The applicability of any general terms and conditions used by the client is explicitly excluded.

Article 2. Definitions

• Travel company: Acts in the capacity of intermediary
• Client: A legal entity or natural person acting in the exercise of a profession or business
• Traveller: The person(s) to whom services are provided based on the agreement
• Travel Service Provider: The carrier, accommodation provider or other provider of travel services

Article 3. Services

The services of the travel company relate to:

• The provision of information and advice on travel in the broadest sense
• Mediating in the conclusion of agreements between the client and travel service providers

If the travel company makes reservations on behalf of the client, it will be the client that enters into the agreement with the actual provider of the travel service, whereby the terms and conditions of the travel service provider shall apply and shall be accepted in advance by the client. After the client has approved the offer, the travel company shall be authorised to conclude agreements with these travel service providers for and on behalf of the client.

Article 4. Conclusion of Agreements

• The agreement(s) between the client and travel service providers is/are concluded upon acceptance of the travel company's offer by the client. Acceptance may be either written or oral.
• The travel company's offer is without obligation and may be withdrawn by the travel company, even after acceptance. Withdrawal must take place as soon as possible and within 2 working days after the conclusion of the agreement.
• Even after this period has lapsed, the travel company shall not be obliged to fulfil an agreement if the offer or confirmation is based on an evident error or mistake.

Article 5. Travellers Protection

Driftawave B.V. uses the guarantee scheme provided by VZR Garant (www.vzr-garant.nl/en). If services are not provided due to the financial insolvency of Driftawave B.V., you can contact VZR Garant at Torenallee 20, 5617 BC Eindhoven, Netherlands, or email info@vzr-garant.nl.

Article 6. Price

• The prices quoted by the travel company are based on price-determining factors known at the time the offer is made.
• If, after conclusion of the agreement, the prices of the price-determining factors (including transport costs, taxes, levies, surcharges, and/or exchange rate fluctuations) increase and these increases are passed on by the travel service providers, the travel company shall be entitled to charge the client for the price changes.

Article 7. Payment

• The client shall be liable for all obligations arising from the agreement, even if it enters into an agreement on behalf of or for the benefit of another party.
• *In special occasions upon written agreement, payments can be received directly from the clients' travellers to Driftawave B.V. to protect the traveller against insolvency.
• Payment must be made within the period stated on the invoice, or within 14 days if no term is specified.
• The client shall not be entitled to set off any claim it has against the travel company. In the event of late payment, the travel company shall be entitled to suspend its services.
• Costs related to the method of payment shall be borne by the client, including credit card surcharges.
• If payment is not made in time, the client shall be in default by operation of law. A demand for payment will be sent with a 14-day time-limit.
• The client which has not paid in time shall owe the statutory interest on the amount due from the date of default.
• If the client is in default, the travel company shall be entitled to cancel the travel services concluded on behalf of the client.

Article 8. Changes and Cancellations

If the client wishes to make changes after the conclusion of the agreement:

• Changes are only possible if agreement has been reached between parties
• The client bears the costs associated with changes
• Cancellation must be communicated in writing. The agreement shall be deemed terminated on the date on which the travel company receives the written notice.
• All related costs charged by the travel service provider shall be borne by the client and the client shall continue to owe the travel company its agreed fee.

Article 9. Changes, Termination and/or Rescission by Travel Service Provider

• If the travel service provider makes changes to the travel services or terminates them, the travel company will not be liable for any resulting loss or damage.
• To the extent reasonably expected, the travel company shall undertake efforts to find alternatives to the amended and/or terminated components of the agreement, without being able to guarantee this.
• The other parts of the agreement shall remain in force.

Article 10. Liability

The travel company will take the interests of the client and traveller into account with due care as may reasonably be expected. However:

• The travel company does not accept liability for acts/omissions by travel service providers
• No liability for circumstances that cannot be attributed to the travel company (force majeure)
• Force majeure includes technical failures, changes made by the travel service provider, and/or cancellation by the travel service provider
• No liability for accuracy of information provided by travel service providers
• Liability is limited to the value of the invoiced travel service and will never exceed the amount paid out by the professional liability insurer
• No liability for financial insolvency of travel service provider(s)
• No liability for damage covered by health/accident, travel or cancellation insurance
• Never liable for indirect damage (consequential damage, loss of profit, loss of income, lost savings, business interruption)

Article 11. Obligations of the Client and/or Traveller

• The client shall provide all information concerning itself and the traveller(s) necessary for the proper performance of the services.
• The client agrees that the travel company will pass on data important for the proper performance of services to the service providers.
• The client itself or traveller is responsible for obtaining necessary information regarding passport requirements, visas or other formalities related to health risks.
• The client and traveller(s) are obliged to comply with all instructions from the travel company and travel service providers.
• The traveller causing inconvenience or nuisance may be excluded from (continuation of) the service(s) by the travel company.
• The client and the traveller(s) are obliged to prevent and/or to limit any (further) damage as much as possible.

Article 12. Indemnity and Joint and Several Liability

• The client shall indemnify the travel company against any claims by the traveller(s) and/or travel service providers or other third parties arising from or related to the agreement.
• The client is jointly and severally liable for all obligations of the traveller(s) with respect to the travel company or travel service provider.

Article 13. Complaints, Extinction of Right of Action and Applicable Law

Complaints regarding the travel company's service

Complaints must be submitted to the travel company in writing, stating the reasons, within one month of the client becoming aware of the facts. The travel company will try to settle the complaint in an expeditious manner.

Complaints about the performance of the service(s)

The client shall immediately report any complaints regarding the performance of the travel service to the travel service provider and try to reach a solution in situ first. If the complaint cannot be resolved, contact the travel company without delay.

Extinction of right of action

Any right of action with respect to the travel company's liability will become extinguished after one year, calculated from the date on which the booked service was performed.

Applicable law

All disputes between the client and the travel company shall be governed by Dutch law. The District Court in which the travel company has its registered office will have jurisdiction to hear the dispute.