Terra Terra Tours General Terms and Conditions
Article 1. Definitions
In the context of these general terms and conditions the definitions have the following meaning:
- General Terms and Conditions: these general terms and conditions;
- Agreement: any agreement of service or other agreement that Terra Terra Tours concludes with the client and all agreements and/or commitments arising from or relating to this.
- Employee: a natural person who is employed at or associated with Terra Terra Tours, whether or not based on an employment contract;
- Quotation: the free offer made by Terra Terra Tours to the client;
- Services: the Services of Terra Terra Tours, whether or not offered via the website;
- The client: the natural person or legal entity that has given Terra Terra Tours the order to perform Services / supply Products or goes on a excursion with Terra Terra Tours;
- Parties: Terra Terra Tours and the client together;
- Work activities: all assigned work activities to be performed by Terra Terra Tours for the benefit of the Client and that have been agreed between Terra Terra Tours and the client as well as all work activities arising from this for Terra Terra Tours;
- Intellectual property: all intellectual property rights of Terra Terra Tours, including trademark rights;
- Days: all calendar days;
- Force majeure: any circumstance independent of the will of Terra Terra Tours – even if it was foreseeable at the time of the conclusion of the agreement – including fire and other disruptions in the business of Terra Terra Tours or its suppliers and furthermore all circumstances that could reasonably result in compliance with the agreement cannot be requested from Terra Terra Tours.
- Terra Terra Tours: Trade name of JUJU Productions, registered at the Chamber of Commerce under number 74454145.
Article 2. Applicability
- These general terms and conditions apply on all agreements, whatever they are called, whereby Terra Terra Tours commits itself or will commit itself to perform services for the benefit of the client, as well as all work activities arising from this for Terra Terra Tours. These terms and conditions apply explicitly to all services concerning organising and accompanying of excursions.
- Deviations and/or additions to these general terms and conditions are only valid if these have explicitly been agreed in writing.
- If any condition in these general terms and conditions is in breach with a condition stipulated in the Agreement, the condition stipulated in the agreement applies regarding the contradiction.
- If any provision of these general terms and conditions is invalid, the other provisions in these general terms and conditions remain in force. The relevant invalid provision(s) will be replaced by another, valid, provision that will approach the intended effect of the invalid provision as much as possible.
- The applicability of the general terms and conditions of the client are explicitly rejected by Terra Terra Tours.
- Once these general terms and conditions are applicable between the party, this agreement implies that these general terms and conditions also apply to other (future) agreements between Terra Terra Tours and the Client.
- Provisions from these general terms and conditions will not apply, if and insofar mandatory legal regulations object to this. If a provision based on this ground would be invalid under circumstances, the most favourable regulation for Terra Terra Tours applies and all other provisions remain in full force.
- If there is uncertainty about the interpretation of one or more provisions of these general terms and conditions, the explanation must take place “in the spirit” of these provisions.
- If a situation occurs between parties that is not regulated in these general terms and conditions, then this situation must be assessed “in the spirit” of these general terms and conditions.
Article 3. Concluding of the agreement
- An agreement between Terra Terra Tours and the client is established the moment the client signs up for one or more of the services of Terra Terra Tours, and/or delivering of certain goods and Terra Terra Tour accepts this order, or if Terra Terra Tours explicitly implements what has been agreed.
- All assignments and / or agreements apply exclusively to Terra Terra Tours, even if it was the explicit or implied intention that an assignment will be carried out by a specific person. The articles of Section 7: 404 of the Dutch Civil Code, which provides for a regulation in the latter case, and the operation of Section 7: 407 (2), which establishes joint and several liability for cases in which two or more persons have been instructed, are excluded.
- Quotations made by Terra Terra Tours are always without obligation. Terra Terra Tours is not bound by offers / quotations that contain obvious (writing) errors or mistakes.
- Tenders are always without obligation and non-transferable. Terra Terra Tours explicit reserves the right to change prices. An offer has a validity of one month.
Article 4. Cancellation of the agreement
- Terra Terra Tours reserves the right to cancel agreements without giving any reason.
- Interim cancellation of the agreement by the Client can only take place if Terra Terra Tours wants to cooperate with this interim cancellation.
- If the Agreement is terminated prematurely, as indicated in the previous paragraph, Terra Terra Tours will charge the following costs:
- Cancellation of an excursion is free of charge up to 24 hours before the start of the relevant booking;
- With No show: the Client owes 100% of the total amount of the excursion in question.
- In addition to the cancellation costs referred to in 4.3, the Customer must in all cases reimburse the costs incurred by Terra Terra Tours in the event of cancellation (or costs to which it is committed) relating to the program or activity / program.
Article 5. Prices
- All rates are exclusive of VAT unless otherwise agreed.
- Terra Terra Tours has the right to pass on reasonable cost increases. Terra Terra Tours will inform the Customer in writing of this increase.
- Terra Terra Tours is entitled – if Terra Terra Tours deems this necessary or desirable – to engage third parties for the proper execution of the assignment given to it, the costs of which will be charged to the Client.
Article 6. Agreed times and / or dates
- The times and / or other dates specified in the agreement are not strict deadlines. Terra Terra Tours makes every effort to comply with the times / dates specified, but cannot guarantee this.
- If the Client arrives too late at the starting point of the excursion, Terra Terra Tours can choose to start the excursion without the Client. In that case, the Client will not receive the excursion fee back.
Article 7. Force Majeur
- If Terra Terra Tours cannot meets it obligations due to a non-attributable permanent failure, it has the right to completely or partially terminate the agreement by written notice, within a reasonable period, without Terra Terra Tours being obliged towards the client to pay any damage compensation – and also compensation of possible gained advantage.
- A failure that cannot be attributed to Terra Terra Tours is marked as permanent if the relevant performance cannot be carried out within a reasonable period after the circumstances have occurred.
- If the performance can be carried out within a reasonable period the failure is not permanent and neither Terra Terra Tours, nor the client can terminate the Agreement. The obligation of Terra Terra Tours to perform is suspended without Terra Terra Tours being obliged towards the client to pay any damage compensation or advantage allowance.
Article 8. Payment conditions
- If the Client purchases the services of Terra Terra Tours, Terra Terra Tours will charge the Client 20% of the agreed sum before the start of the excursion. A few days before the excursion will take place, the remaining 80% must be paid. Terra Terra Tours will only start the work if the full excursion amount has been paid by the Client.
- If the client does not pay within the payment period mentioned in the previous paragraph, then the client is legally in default and in default if the client requests suspension of payment, or is declared bankrupt.
- In all cases in which the client is in default, the following is legally due:
- Terra Terra Tours is entitled to suspend or end the service;
- The client owes the statutory commercial interest on the principal sum or an unpaid part of the principal sum from the day of the default to the day of full payment, on an annual basis, but payable on a daily basis;
- The client owes Terra Terra Tours the collection costs caused by the late or late payment, both judicial and extrajudicial. The extrajudicial collection costs are due by the Client as soon as Terra Terra Tours has involved the assistance of a bailiff or a lawyer for the outstanding amount. The collection costs amount to at least 15% on the principal sum plus interest with a minimum of € 40,00 ex VAT.
Article 9. Intellectual Property
- The Customer is explicit prohibited from reproducing, disclosing or exploiting the goods that include Terra Terra Tours’ own intellectual property rights – including in this context in any case, but not exclusively: product designs, logos, product names and brochures.
Article 10. Liability and indemnities
- With the performance of the agreement Terra Terra Tours will use all care and expertise that can be reasonably expected from Terra Terra Tours. Terra Terra Tours is not liable for damage of whatever nature if it relied on inaccurate and/or incomplete data provided by the client, unless the inaccuracy or incompleteness should be known to Terra Terra Tours.
- Terra Terra Tours is not liable for any direct or indirect damage suffered by the client, including consequential damage, that is related to a failure by Terra Terra Tours or by people engaged by Terra Terra Tours in the performance of the agreement, unless this concerns intent and/or gross negligence.
- If Terra Terra Tours, with consideration of the aforementioned, can be held liable, this liability is limited to the insured amount that qualifies for payment under the (business) liability insurance of Terra Terra Tours. If the damage is not covered by the insurance or the insurer does not pay out in any case, the liability is limited to maximum twice the invoice amount of the relevant agreement or twice the invoice amount of the total of the last three (3) months, all this always with a maximum of € 1,000.-.
- The Client indemnifies Terra Terra Tours against all claims from third parties, for which Terra Terra Tours is not liable under the aforementioned.
- Participation in the excursions is entirely at the risk of the Client.
- Every claim on Terra Terra Tours expires after twelve (12) months after it has become due and payable.
- The burden of proof with regard to any alleged liability of Terra Terra Tours rests with the client. The client accepts this burden of proof.
Article 11. Suspension
- If the Client does not properly or not timely fulfill any obligation arising for him from this or any other Agreement concluded with Terra Terra Tours, then the Client is deemed to be in default by operation of law and Terra Terra Tours has the right without any notice of default and suspend the execution of the agreement without legal intervention, until that obligation has been met or to claim the agreement, compensation for costs, damages and interest. In the event that Terra Terra Tours suspends the performance of the Agreement or dissolves the Agreement wholly or in part, any claim it has or will have against the Client is immediately and immediately due and payable.
- The Client is obliged to immediately inform Terra Terra Tours if (one of) the circumstances referred to in Article 11.1 occur, or if there is force majeure on the basis of which the client cannot fulfill his obligations towards Terra Terra Tours, cannot comply or cannot provide information on facts and circumstances that (also) influence the advice of Terra Terra Tours of the assessment of a situation.
Article 12. Applicable law
- All agreements concluded with Terra Terra Tours or obligations arising therefrom are exclusively governed by Dutch law. The competent judge of the Rotterdam District Court is competent to take cognizance of the dispute between the parties.
Article 13. Adjustments
- Terra Terra Tours has the right to adjust these general terms and conditions. The adjusted provision(s) come(s) into force at the date indicated on the adjustment decision. On the website of Terra Terra Tours a new version of the general terms and conditions can be read and downloaded after the moment of adjustment.
Article 14. Entry into force
14.1. These General Terms and Conditions will take effect from 01-12-2019.
Article 15. Correction clause trivialities
- If any provision from these general terms and conditions or from the underlying order/agreement may completely or partially be void and/or invalid and/or not enforceable, this due to any legal regulation, court ruling or otherwise, this will not affect the validity of all other provisions of these general terms and conditions or the underlying order/agreement.
- If any provision from these general terms and conditions or from the underlying order/agreement may not be valid for a reason as meant in the previous paragraph, but could be valid if it would have a more limited range or scope, this provision – for the time being – will automatically apply with the most reaching or extensive limited scope or meaning for or in which it is valid.
- Without prejudice to the provision in paragraph 2 parties can consult with each other, if desired, in order to replace the void or annulled provisions with new provisions. Whereby these new provisions will relate to the purpose and scope of the void or annulled provisions, as much as possible.
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