Terms and conditions

General terms and conditions 2011

1. Applicability

1.1 These general terms and conditions govern the legal relationship between ITBholland and the organizer ( the client )
1.2 The present general terms will be exclusively applicable if the client is a natural person or a legal entity, acting in the course of their business or profession. The terms will be applicable for the duration of the contract signed between ITBholland and the client, and after that period as long as no new contract has been signed.
1.3 Any agreement, supplementary or divergent to these general terms should be added, countersigned by the client and ITBholland.

2. Definitions

2.1 ITBholland: is a destination management company rendering services to third parties (hereinafter called “the client”) within the framework of their business activities in the widest sense of the word, either directly or through the medium of third parties.
2.2 The client: is the organizer or person, who instructs ITBholland to provide local services for travel arrangements, such as reservations of hotels and restaurants, local transportation, excursions, catering services, congress services and creating local arrangements etc.
2.3 The traveler/passenger: the natural person(s) or legal entity on whose behalf the agreement between the client and ITBholland is entered into.
2.4 The service supplier: the party providing accommodation, transportation, or other local services, contracted by ITBholland to comply with the instructions of the client. The service supplier is responsible for providing the services under the terms of its own liability and terms and conditions.

3. The instructions

3.1 The service provided by ITBholland could contain price negotiations with local suppliers, obtaining information and advise on forthcoming events, as well as quoting on requested services to the client and delivering these services and local arrangements.
3.2 The client is bound by the instructions vis-à-vis ITBholland and the service supplier, irrespective of whether the latter issue a confirmation.
3.3 If ITBholland issues the clients 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 client is fully liable to ITBholland for the obligations which arise from the service.

4. Information

4.1 The client must provide ITBholland with information on the client itself and/or on the passengers which is necessary for the formation of the agreement and its execution.
4.2 The fees for the services to be provided under the present general terms, may be amended by, announced at latest in the confirmation of the reservation sent by ITBholland.
4.3 The client must ensure that he and/or the travelers have the necessary documents, such as a valid passport and any visa, inoculation certificates and vaccinations which may be required.

4.4 The client and/or traveler himself must obtain the necessary extra information he/they requires from the relevant authorities and will check whether the information previously obtained is still correct, in good time before departure.
4.5 The client and/or traveler must abide by the instructions issued by or on behalf of the service supplier, and in particular the check-in times and/or transit times.

5. Amendments and cancellations

5.1 Instructions can only be amended or cancelled at the request of the client and only during the hours in which the office of ITBholland is normally open.
5.2 If reservations are amended or cancelled at the request of the client, the latter can be charged by ITBholland for the costs connected therewith.
5.3 If the client cancels or amends the service himself or herself directly, the costs connected therewith will be for his/her account. Under normal circumstances such cancellations or amendments should only be made through ITBholland.
5.4 All communication regarding amendments and cancellations should be made in writing by fax and /or Email sent by duly authorized persons. If ITBholland does not confirm an amendment or cancellation within a reasonable period, the client will consider his information as not having been sent.
5.5 All amendments and cancellation will be reconfirmed by ITBholland without exceptions. In case no confirmation of an amendment or cancellation can be provided by the client, the latter will remain responsible for any financial and operational problems.
5.6 Unless otherwise agreed, ITBholland will honor the terms and conditions set by the Dutch Horeca Association. These so called “UVH conditions” will apply for Hotels, Restaurants, catering companies and other service provides within the tourism industry in the Netherlands.
5.7 The official deadline for cancellation is three month before arrival, however depending on the size, type, nature of the group and period of reservation, other rules may apply which will be clearly stipulated in the group confirmation contract for each group.
The official terms of cancellation according to the Dutch Horeca Association are as follows: Amounts are due to by the client to ITBholland, according to the cancellation date falling in the specific period:
a) 15% of the booking value, in case of cancellation in the period from three to two months before arrival.
b) 35% of the booking value, in case of cancellation in the period from two month to one months before arrival.
c) 60% of the booking value, in case of cancellation in the period from one month to 14 days before arrival.
d) 85% of the booking value, in case of cancellation in the period from 14 days to 7 days before arrival.
e) 100% of the booking value, in case of cancellation less then 7 days before arrival.

6. Site inspections

6.1 On request by the client, arrangements for site inspections will be made by ITBholland against the best available rates and charged on a net basis to the client.
6.2 Depending on availability and capacity, a staff member of ITBholland will escort the site inspection.
6.3 Assistance by ITBholland staff will be complementary for 1 site inspection per project. In case of multiple site inspections a hourly fee will be charged to the client
6.4 Cost for transportation or local guide services will be charged based on reduced net rates
6.5 In case a project is cancelled after the first sight inspection all encountered expenses (including staff hours) will be charged to the client.

7. Liability

7.1 ITBholland acts only in the capacity of intermediary between the client and his passengers and the service supplier and ITBholland will do all possible to safeguard the interests of the client and the passengers which is reasonable under the given circumstances.
7.2 ITBholland accepts no liability for acts and / or omissions committed by the service supplier in providing the service, or for the accuracy of the information provided by the service supplier.
7.3 ITBholland is not liable for any defaults and delays caused by the service supplier for any reason whatsoever and any damage arising there from. This will include but not be restricted to delays by technical breakdowns of the vehicle, weather conditions, traffic congestions, strikes and or blockades, the failure to catch connecting transportation,overbooking, amendments to or the cancellation of travel arrangements of the service supplier.
7.4 However ITBholland will take actions to deal promptly and courteously with any problem or complaint from the passenger regarding the provided services. Thus maintain the good names of both the client and ITBholland.
ITBholland will need to be informed by the agent within 30 days after the departure of the passenger, about any complaints in order to take the necessary steps to investigate the complaint.
7.5 If ITBholland 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 client and/or passenger is restricted to the maximum of the travel sum quoted on the invoice.
If the agreement is rescinded on those grounds, ITBholland is furthermore required to restitute any deposits received.
7.6 The exclusions and restrictions described above will also be applicable to the staff of ITBholland.