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Terms & Conditions

 

Please carefully read these terms and conditions before making a reservation. They layout your rights and obligations, and are referred to in case of any dispute.

 

Terms & Conditions

IMPORTANT: These Terms and Conditions DO NOT affect your mandatory legal rights that cannot be excluded under laws applicable to you, including your statutory rights or local legislation implementing the EC Travel Directive (90/314/EEC). For example, UK citizens have additional protection under the Package Travel, Package Holidays and Package Tours Regulations 1992 that cannot be excluded by this contract.

The Contract

Dutch Flower Tours is a company registered and incorporated in the Netherlands under KvK number….When booking anything via the website or agreeing with requested quote, you are entering into a contract with Dutch Flower Tours on the following terms and conditions (“the Terms”).

Definitions

The following definitions apply in this contract:

“Group Leader” – the person completing the online reservation form.

“You” – includes the Group Leader and all persons within the Group.

“Group” – all persons to whom the travel arrangements apply, including anyone added or substituted after Dutch Flower Tours has received the booking

General Conditions

3.1 This contract is governed by the law of the Netherlands and both parties submit to the exclusive jurisdiction of the local courts of the Netherlands. Should any dispute arise as to the interpretation or performance with the Terms. As noted above, this does not exclude your mandatory legal rights including your statutory rights or local implementation of the EC Travel Directive (90/314/EEC).

3.2 The Terms will apply to all bookings Dutch Flower Tours confirms after September 1st 2018.

3.3 For tours containing alcohol you must be at least 18 years old as of your scheduled date of arrival and Dutch Flower Tours reserves the right to request proof of age.

3.4 If there will be any activities done that involve alcohol or extreme sports, all members of the Group must sign their holiday voucher as their acknowledgement that they have read and understood the Terms and agree to be bound by them. That copy must be passed to Dutch Flower Tours’s representative on arrival at the holiday destination or signed and filled online on our website by group leader when making a payment or placing a booking.

3.5 Each of the Terms are severable and distinct from one another and if at any time any Term should become invalid, illegal or unenforceable, the validity, legality or enforceability of the other Terms shall not in any way be affected or impaired.

3.6 Nothing in these Terms shall confer on any third party any benefit or the right to enforce any provision of these Terms.

Booking Procedure

4.1 Request for proposal will be made at Dutch Flower Tours through e-mail and/or the website.

4.2 Dutch Flower Tours will quote a price for your selected itinerary. Unless Dutch Flower Tours indicates to the contrary, the price does not include such matters as the cost of refreshments, food, admission to events or activities, airport or hotel transfers, parking or porterage charges.

4.3 You will then be presented with the option of making a reservation. Your contract with Dutch Flower Tours will only come into existence when Dutch Flower Tours has issued an invoice by email. Until that time, acceptance of your booking is at Dutch Flower Tours’s absolute discretion. Dutch Flower Tours may refuse to accept it for any reason.

4.4 On Agreement of booking, invoice will be sent as confirmation. 50% of the amount needs to be paid within 7 days of sending our invoice, and 50% needs to be paid at latest 7 days before arrival.

Variations

5.1 Dutch Flower Tours reserves the right, without giving you notice, to vary:

(a) the Terms, prior to full payment of the total cost quoted;

(b) the activities and services offered, together with the price advertised for providing the same, prior to arrival;

(c) any part of your booking, at any time, where such changes are minor, for instance, if the hotel referred to in your travel documentation subsequently becomes unavailable, then a suitable alternative will be substituted.

(d) Deduct the remaining balance from your card according to our cancellation terms, in case of no show or last minute cancellation 7 days prior to event

5.2 If you wish to alter your travel arrangements after the holiday voucher has been issued, the Group Leader must notify Dutch Flower Tours by email. Variation of the travel arrangements is at the absolute discretion of Dutch Flower Tours. Any such variation will give rise to a recalculation of the total cost originally quoted by reference to the prices stated on the websites on the date Dutch Flower Tours confirms the variation. If this should result in an increase in the deposit payable, Dutch Flower Tours will not confirm the variation until payment of the increased payment has been received.

5.3 Prices are in euros, and payment in other currencies, such as British pounds, may be subject to a foreign exchange surcharge if the rate between it and the euro is more than 10% lower on the date of arrival compared to the rate at the time of booking. Dutch Flower Tours reserves the right to amend the holiday price by adding a foreign exchange surcharge at any time and without notice at our discretion.

Cancellation by Dutch Flower Tours

6.1 Where an activity cannot be provided due to circumstances beyond Dutch Flower Tours’s control, such as adverse weather, closure of licensed premises or where an activity supplier has ceased to trade and a suitable alternative cannot be offered, a full refund for that activity will be provided.

Cancellation by You

7.1 Prior to arrival, your cancellation of all or any part of your travel arrangements will not be effective unless confirmed to Dutch Flower Tours by email from the Group Leader. After arrival, you will be deemed to have cancelled your travel arrangements if you do not attend at the agreed time and place for whatever reason or fail to settle any balance owing with our Dutch Flower Tours representative.

7.2 The following charges will apply where you either cancel or are deemed to have cancelled the travel arrangements:

(a) no charge will arise where cancellation occurs prior to issue of the holiday voucher email;

(b) once the holiday voucher email has been issued, cancellation will render you liable to a charge of 25% of the total cost of the travel arrangement cancelled. This will increase to 100% if cancellation occurs either within 7 days of your scheduled arrival, or anytime following your arrival at your holiday destination.

7.3 Sales incentives such as price discounts and additional free services are granted based on group size and other factors such as quantity or services. Consequently, Dutch Flower Tours reserves the right to reduce the value of these incentives if you cancel any part of the travel arrangements you proposed at the time they were granted.

Dutch Flower Tours’s Obligations and Liabilities

8.1 Dutch Flower Tours is not the direct supplier of the accommodation and most activities which make up your travel arrangements. It acts only as a booking agent. In that capacity, Dutch Flower Tours will take all reasonable steps to ensure that:

(a) your travel arrangements are supplied as described on the websites and that they meet a reasonable standard;

(b) activity and accommodation suppliers follow local health and safety guidelines and legal requirements.

8.2 Liability is accepted for:

(a) negligent acts or omissions by employees or agents of Dutch Flower Tours (acting within the scope of their employment or contract with Dutch Flower Tours) in the provision of your travel arrangements;

(b) a failure to perform or improper performance by Dutch Flower Tours of all or any part of the Terms.

Your Obligations and Liabilities

9.1 You must comply with these Terms. Non-compliance will amount to deemed cancellation by you of all the travel arrangements provided by Dutch Flower Tours.

9.2 Once you arrive at your holiday destination you will:

(a) conduct yourself in a responsible manner and without risk to the health and safety of yourself or others;

(b) comply with every reasonable instruction or request of the Dutch Flower Tours representative or agent or activity or accommodation supplier.

(c) If you fail to do so, you will be deemed to have cancelled your travel arrangements with immediate effect.

9.3 If the Group are more than 30 minutes late in meeting the Dutch Flower Tours representative at the agreed place and time for a scheduled activity, then each member of the Group will be deemed to have cancelled the activity.

9.4 You will be personally liable for any damage occasioned by you to the property or person of a third party.

9.5 It is your responsibility to obtain all necessary travel documents and medical advice with respect to your holiday destination. Please ensure that you possess a valid passport and visa (if appropriate). You should also check with your doctor as to whether vaccinations or additional health precautions may be required.

9.6 When booking your travel arrangements with Dutch Flower Tours, it is the Group Leader’s responsibility to ascertain whether any member of the Group suffers from an existing medical condition or disability and to notify Dutch Flower Tours accordingly. If such information is not disclosed to Dutch Flower Tours until after the holiday voucher has been issued and, in the opinion of Dutch Flower Tours, the condition or disability would render the travel arrangements unsuitable or unsafe for the member affected, then the member will be deemed to have cancelled the travel arrangements.

9.7 We recommend you take out insurance cover for the duration of the travel arrangements, for participation in potentially dangerous sports and activities. You should not participate in an activity if insurance has not been arranged. You agree to indemnify Dutch Flower Tours against any liability for costs arising from your failure to obtain adequate insurance cover.

9.8 European Union residents are advised to complete an EIII prior to travel.

9.9 As part of your holiday package, you receive ‘Travel Protection Insurance’ of up to €1,000 per person (or currency equivalent) to guarantee that you will receive a full refund in the unlikely event that we do not provide the service(s) described on your holiday voucher. The insurance compensates you in the amount equal to the price of the service(s) not supplied (accommodation and/or activity services). Our insurance compensation cover excludes these specific circumstances:

(a) non-provision as a result of other parties’ actions (for example, your airline carrier cancels your flights and fails to bring you to your destination);

(b) non-provision, where an alternative service is offered and accepted by you;

(c) or other circumstances amounting to force majeure.

 Limits to Dutch Flower Tours’s liability

10.1 Accommodation classifications and ‘star’ ratings are determined by Dutch Flower Tours based on the official classification from the tourist authority of your holiday destination. Dutch Flower Tours relies upon these authorities to ensure that your accommodation complies with all local laws and cannot accept any liability where accommodation fails to do so. Dutch Flower Tours reserves the right to quote different ‘star’ ratings than the local tourist authority where it believes this is justified to give a fair indication of the relative quality of the accommodation.

10.2 All photographic and pictorial references on the websites are merely representative of the activities which Dutch Flower Tours can arrange and should only be relied upon to that extent. Dutch Flower Tours has based their descriptions of the activities on information provided by suppliers. Whilst Dutch Flower Tours believes their supplier’s representations to be true, it cannot accept liability for any false representation or breach of implied warranty of any kind as to the activities offered.

10.3 No liability is accepted by Dutch Flower Tours in the following circumstances:

if you or any member of the Group are at fault (including, but not limited to, a failure to comply with the Terms); a third party unconnected to the provision of services arranged through Dutch Flower Tours is at fault; any unusual or unexpected circumstance beyond the control of Dutch Flower Tours or its suppliers; any event which Dutch Flower Tours or the activity or accommodation supplier could not have reasonably foreseen; any instance of inappropriate behaviour on your part or any member of your Group, including, but not limited to, insobriety, violent conduct, breach of any local laws and discourtesy;

10.4 If any supplier can exclude or limit liability under any international convention or foreign law, Dutch Flower Tours will rely upon that exclusion or limitation.

10.5 If you suffer loss, damage or injury due to any act or omission on the part of Dutch Flower Tours its suppliers or agents, Dutch Flower Tours’s acceptance of liability is subject to you initially cooperating with Dutch Flower Tours in any legal action it may take to enforce its own contractual indemnities against them.

10.6 Where Dutch Flower Tours are unable to provide the travel arrangements after a holiday voucher has been issued, Dutch Flower Tours’s liability will not exceed the total cost of your travel arrangements.

10.7 Dutch Flower Tours will not be liable where it has to cancel or change your travel arrangements in any way for reasons of war, threat of war, riot, civil strife, industrial dispute, terrorist activity, natural or nuclear disaster, or other circumstances amounting to force majeure.

10.8 Dutch Flower Tours will not be liable for any sales that are not part of the original holiday booked through the website at the time of arrival, according to the UK Package Tour regulations. Anything that is bought subsequently when the Group is already on the holiday is not legally the responsibility of Dutch Flower Tours. In these cases, the Group has to deal with the local supplier and in accordance with local regulations.

10.9 In the matter of damages arising from the non-performance or improper performance of the services involved in the package, the compensation payable by Dutch Flower Tours will be limited in accordance with the international conventions governing such services. In the matter of damage other than personal injury resulting from the non-performance or improper performance of the services involved in the package, compensation payable by Dutch Flower Tours shall be limited to no more than the cost of the services provided.

Complaints Procedure

11.1 Complaints must be brought to the attention of the accommodation or activity supplier and Dutch Flower Tours representative immediately. Any unreasonable delay will entitle Dutch Flower Tours, at its absolute discretion, to refuse to deal with the complaint.

11.2 If the complaint cannot be resolved locally, you must put it in writing, handing one copy to the supplier and retaining one copy for yourself. Within 28 days of returning from your holiday destination, you must confirm your complaint by email to Dutch Flower Tours’s Customer Services Department (Info@Dutch Flower Tours), and include your booking reference, together with any other relevant details such as receipts.

11.3 If Dutch Flower Tours decides that compensation is payable to you, the form of compensation will be at Dutch Flower Tours’s absolute discretion and may include a free holiday, credit/discount vouchers redeemable within a fixed period or other similar arrangements. Compensation will not take the form of any kind of monetary payment or credit card refund.

11.4 Disputes arising out of, or in connection with this contract which cannot be settled amicably, may (if you wish) be referred to arbitration under the laws of the Netherlands.

Photo Material

12.1 Dutch Flower Tours reserves the rights to take photographs and videos of events during your travel for commercial use, which may or may not show members of your Group.

12.2 Dutch Flower Tours will not take pictures or videos of your Group in situations we would consider embarrassing.

12.3 Should you wish for us to not use these pictures or videos in a commercial sense, please send an email to info@dutchflowertours.com in which you specify the relevant pictures and we will stop using them.