General terms and conditions 2017
These general terms and conditions govern the legal relationship between ITBholland and the organizer ( the client )
- 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.
- Any agreement, supplementary or divergent to these general terms should be added, countersigned by the client and ITBholland.
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.
- 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.
- The traveler/passenger: the natural person(s) or legal entity on whose behalf the agreement between the client and ITBholland is entered into.
- 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.
- The instructions
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.
- The client is bound by the instructions vis-à-vis ITBholland and the service supplier, irrespective of whether the latter issue a confirmation.
- 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.
- The client is fully liable to ITBholland for the obligations which arise from the service.
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.
- 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.
- 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.
- 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.
- 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.
Amendments and cancellations
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.
- If reservations are amended or cancelled, ITBholland will charge all costs as specified in the contract.
- If the client cancels or amends the service directly with a supplier contracted via ITBholland, the specifications of the contract remain intact.
- Communication regarding amendments and cancellations should be made in writing by fax and /or e-mail, sent by an authorized person. If ITBholland does not confirm an amendment or cancellation within 48 hours, the client will consider his information as not having been received by ITBholland.
- 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.
- 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.
- 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:
- 10% of the booking value, in case of cancellation in the period more than 3 months before arrival.
- 15% of the booking value, in case of cancellation in the period from 3 to 2 months before arrival.
- 35% of the booking value, in case of cancellation in the period from 2 to 1 month before arrival.
- 60% of the booking value, in case of cancellation in the period from 1 month to 2 weeks before arrival.
- 85% of the booking value, in case of cancellation in the period from 2 to 1 week before arrival.
- 100% of the booking value, in case of cancellation less then 1 week before arrival.
- Site inspections
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.
- Subject to availability, a staff member of ITBholland will accompany the site inspection for 1 full day at no charge. Additional days will be charged per hour.
- Cost for transportation or local guide services will be charged based on reduced net prices.
- In case a project is cancelled after the first sight inspection all expenses (including staff hours) will be charged to the client.
- 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.
- 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.
- 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.
- 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.
- 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.
- The exclusions and restrictions described above will also be applicable to the staff of ITBholland.
- Applicable law
Any disputes which arise between ITBholland and the client and/or the passenger will be subject to the law of the Netherlands.
- Unless ITBholland decides otherwise or the law stipulates that a different court has jurisdiction, the judge presiding over the court in the place where ITBholland is located will be authorized to adjudicate on any disputes.
- Force Majeure
- Force majeure refers to circumstances which obstruct execution of the contract and which are not attributable to ITBholland. These include (among others): strikes in companies other then ITBholland, traffic hindrances, (general) transport problems and technical difficulties of any nature.
- ITBholland reserves the right to refer to force majeure if the circumstance which prevents execution of the contract occurs after ITBholland should have executed the contract.
- In cases of force majeure, ITBholland is entitled to defer execution of the contract. Should the period of force majeure last longer than 60 days, both parties are entitled to rescind the contract without liability for damages.
- Should the force majeure occur after ITBholland has executed the contract in part, ITBholland is entitled to invoice the client for that part and the client must settle this invoice in compliance with article 10.
Unless otherwise agreed, ITBholland requires a full pre-payment for all bookings and reservations.
- For each confirmed booking a contract will be made up stipulating the final schedule of pre-payments.
- All extra charges invoiced through ITBholland, will carry a surcharge of 15%
- Unless otherwise agreed all invoice must be paid to ITBholland within thirty days after the invoice date, in the manner indicated by ITBholland. This period is not applicable for pre-payments.
- ITBholland remains the right to cancel services in case deadlines for the first pre-payment is not honored.
- Payments are only acceptable by bank transfer (see our bank details under 9.10)
- As our rates are net and all your bank charges are at your own account.
- Payment by credit card is acceptable at an extra administration fee of 4% of the total amount.
- Bank charges of € 50,00 per refund will be charged.
- In the event of overdue payment, the client will be in immediate default and required to pay statutory interest over the outstanding sum. The client is furthermore required to reimburse extra-judicial costs, including the costs incurred for fixing the damage and liability and the costs for ensuring extra-judicial payments, fixed at 15% of the principal sum, with a minimum of Euro 75,00.
- Bankdetails: RABO bank Mijdrecht,
Adres: Bozenhoven 93, 3641 AD Mijdrecht
Account nr : 22.214.171.1245 Swift code: RABONL2U
IBAN: NL14 RABO 0129874655
- In case the deadlines for a second or third payment are not honored ITBholland will cancel all services and apply the first payment to cover the expenses of it’s suppliers
Prices are offered by contract, price list or special offer.
The condition stated in 4.2 above is applicable to the quoted rates.
- Vouchers issued by the client will be accepted by ITBholland and service suppliers if quoting the ITBholland ITFT-reference (in case of individual arrangements) or the group reference, and if made out as follows “reserved and payable through ITBholland”, provided that the vouchers refer to services as agreed upon, and confirmed to the client by ITBholland copy of these vouchers is required by ITBholland to be able to inform the service suppliers
- The client will treat rates and information provided by ITBholland confidential in all respects, and will not disclose, release or confirm these to any third party without prior consent in writing of the management of ITBholland.
- On all our proposals, quotations and presentations the code of ethics laid down by the organizations of S.I.T.E and M.P.I