TERMS AND CONDITIONS
Terms and conditions
General Business Travel Conditions Uyuni Travels
UYUNI Travels is affiliated with the VvKR (association for small-scale travel organizations).
The travel specialists affiliated with this association are distinguished by:
their involvement and expertise. This way you know that you can book a trip with one of the affiliated members with peace of mind!
We are affiliated with the GGTO guarantee fund. Within the limits of the guarantee scheme, GGTO offers travelers the guarantee that they will receive their paid travel money back, and possibly be reimbursed for their return journey, if the tour operator concerned is affiliated with them and should become financially insolvent. A mandatory surcharge of €7.50 per person will be charged per booking.
Article 1 – Definitions
UT/Organiser: UYUNI Travels
Participant: visitor to a trip, event, conference or similar event organized by the UT on behalf of the Client;
Traveler: person to whom one or more services are provided on the basis of the Agreement concluded between the UT and the Client;
Client: legal person or natural person who, whether or not, acts in the exercise of his profession or company who comes into contact with UYUNI Travels in connection with a possible agreement to be concluded or has concluded an agreement with UT;
Supplier: the person(s) who, directly or indirectly, in connection with the assignment to be performed by UT, has committed or will undertake to provide services and/or make things available, all this in the broadest sense of the word;
Travel agreement: the travel agreement(s) that have been concluded on the basis of a general agreement for business travel;
Travel service: passenger transport, rental of a motor vehicle or motorcycle, accommodation or another tourist service within the meaning of Article 7:500 sub a of the Dutch Civil Code.
Travel service provider: the service provider that performs part of the Trip, such as auxiliary persons/accommodation providers/transporters/external guides/etc.) of the Organiser.
Party(ies): UT or Client individually or (if plural) jointly;
Written: in writing or by electronic means, including by e-mail.
Conditions: these general sales and delivery conditions.
Article 2 – Applicability of conditions
2.1 Deviating and additional conditions
Deviating and additional conditions must be agreed in writing. Deviating provisions in the individual agreement take precedence over these Terms. If the Agreement contains provisions that deviate from the Conditions, the provisions of the Agreement will prevail. A general business travel agreement is drawn up per trip, which must be signed and which takes precedence over these conditions.
The agreed deviations only apply once. If another Agreement is concluded between the Parties at a later date, the present version of the Terms and Conditions will apply. Package travel legislation does not apply.
The provisions of these Conditions apply to every offer, all quotations and every Agreement, as well as to all other legal relationships between the Parties in this regard, unless the Parties have expressly deviated from the applicability of the Conditions in writing.
Article 3 – Conclusion of Agreement
3.1 Content offer
The Trip offered includes the services and facilities that are expressly described in the offers and publications of the Organiser. The content of the offer is determined solely on the basis of the information provided by or on behalf of the Organiser. Information in publications of Travel Service Providers is not part of the offer, regardless of whether a link to it is included in the offer of the Organiser. The stated travel time is stated in whole days, whereby the day of departure and arrival are counted as whole days.
3.2 Non-binding offer
All offers (including in quotations), regardless of whether they are made orally, in writing or via the UT website, are without obligation. UT is not bound by this. Offers only serve as an invitation for the Client to issue an Assignment and can be revoked by UT at any time as long as no Agreement has been concluded.
The Client must provide UT with (1) all data, information and documents requested by UT and (2) all other data, information and documents that are important for the preparation and execution of any Agreement to be concluded, completely and correctly. UT is not obliged to check the correctness of the information provided by the Client.
3.3 Conclusion of agreement
The agreement is concluded: a) after both the Client and UT have signed the Agreement, or; b) after the Client has signed and returned the written order confirmation from UT; or c) in those cases in which the Client has failed to sign the Agreement or written order confirmation as referred to in sub a and b of this article, after the Client has accepted UT’s offer orally or in writing;
3.4 Obvious errors
Obvious errors in the offer are not binding on the Organizer. This concerns the offer of a price, the content of the service offered or other information of which the Client, in view of all the circumstances, could not reasonably assume that the Organizer intended to explain this. If there is reason to doubt the correctness of the price or information, the Client must make inquiries.
3.5 Revocation by the Client
A booking of the Trip is final. The Client has no right to revoke the Agreement.
3.6 Booking for other Travelers & communication
The Client who enters into an Agreement on behalf of or for the benefit of one or more other Travelers is jointly and severally liable for all obligations arising therefrom. The other Travelers are each liable for their own part. The confirmation, invoice, travel documents and all other communication will only be sent to the Client who makes the booking. The Client who books the Trip on behalf of or for the benefit of others is obliged – with the permission of that person – to disclose relevant personal circumstances of those other Travelers that may affect the performance of the Agreement when registering. The Client who books the Trip on behalf of or for the benefit of others is obliged to provide those other Travelers with these Terms and Conditions and other relevant communication.
Article 4: Obligations of the Client and information by the organizer
4.1 The Client is obliged to fully comply with all instructions from UT, the Travel Service Provider(s) and/or Suppliers, as well as government obligations.
4.2 The Client guarantees that: a) UT will receive all useful and necessary information in a timely manner (such as all relevant information about Travelers, details about physical and/or mental condition(s), specific dietary requirements and/or allergies, etc.), documents and data that UT needs for the execution of the Assignment; and b) what is provided by the Client is correct and complete. UT is not obliged to check the correctness of the information provided by the Client.
4.3 Reduced mobility, pregnant women, unaccompanied minors and illness
Travelers with reduced mobility and their companions, pregnant women, unaccompanied minors and Travelers with an illness that may have an effect on the Trip must report this to the Customer when entering into the Agreement or in any case as soon as possible after the Traveler is aware of this. Organizer in connection with any consequences for the Trip and in particular air transport. These Travelers must verify with the carrier whether a medical statement is required to be allowed to travel.
4.4 If the Client does not or not properly fulfill any obligation, as described in this article, the Client will be in default without any further notice of default and UT will be entitled to dissolve the Agreement with immediate effect and to terminate its activities or services immediately or without prejudice to the Client’s obligation to fully pay the agreed compensation and the damage suffered by UT to UT.
4.5 Travel documents
During the entire Trip, the Client must have the travel documents necessary for the Trip, such as a passport, visa, vaccination certificates, etc. In view of the great importance of this, the Client must submit the general information provided by the Organizer to the relevant authorities and institutions for applicability, completeness and topicality. Before booking the trip, the Client must verify whether there is sufficient time to obtain the necessary travel documents in connection with the possible long processing time of an application for travel documents and in particular any required visa. If the Client cannot or cannot fully make the Trip due to the lack of valid, complete and correct travel documents, the resulting costs will be fully borne by the Client.
4.6 Insurance information
Before the Agreement is concluded, the Organizer provides the Client with information about the possibility of taking out event insurance, cancellation insurance, accident insurance and travel insurance. The Organizer can oblige such insurance provided that the Client has been informed of this in Writing before the Agreement is concluded.
Article 5: Remuneration, invoicing and payment
5.1 All fees are in euros, exclusive of turnover tax and other government levies, unless expressly stated otherwise.
5.2 Unless otherwise agreed in writing, payment must be made by the Client within 14 (fourteen) days after the invoice date.
5.3 If the Client does not pay one or more invoices on time, the Client will be in default immediately and without further notice of default. In that case, UT has the right to suspend its obligations under the Agreement or to dissolve the Agreement in whole or in part. In addition, UT is entitled to cancel or dissolve other Agreements that have already been concluded. Except in the event that the Client is a consumer, UT also has the right, without further notice or notice of default, to charge interest of 1% per month on the amount due for the period in which the Client is in default. If the applicable statutory (commercial) interest is higher than this percentage, the statutory (commercial) interest applies. Furthermore, part of a month is counted as a whole month when calculating the interest.
5.4 UT’s claim for payment by the Client is immediately due and payable as soon as: a) a payment term has been exceeded; b) Client has gone bankrupt or a request has been submitted to that effect or a suspension of payments has been requested; c) attachment is or has been made on goods or claims of the Client; d) Client (company) is dissolved or liquidated; e) Client (natural person) requests to be admitted to judicial debt rescheduling, is placed under guardianship or dies.
5.5 The full extrajudicial and judicial costs incurred by UT because the Client fails to fulfill its payment obligations or other obligations that the Client has under the Agreement and/or these Terms and Conditions are for the account of the Client.
5.6 All prices are based on the circumstances at the time of the conclusion of the Agreement. If these circumstances subsequently change, UT is entitled to increase the agreed fee(s) by the amount by which the prices have been increased. UT will announce a change to the agreed fee(s) in writing, stating the additional costs. The aforementioned circumstances include, but are not limited to: changes in tax charges, excise duties, currency and/or exchange rate changes.
5.7 If the Agreement has been concluded with several Clients, each of the Clients is jointly and severally liable for payment of all that is owed under the Agreement and ensuing therefrom.
5.8 The Client, who is not a consumer, is not permitted to suspend its payment obligations or to set off its claims against UT.
BEFORE THE TRIP
Article 6 – Failure to pay, outsourcing, changes, additional work and mediation
6.1 UT is entitled to outsource the execution of the Agreement in whole or in part to one or more third parties.
6.2 If, after the Agreement has been concluded but before the Assignment is actually performed, the Client wishes to make changes to the Agreement with regard to (the execution of) the Assignment, he must notify UT of these changes in writing. These changes are only effective if they have been accepted in writing by UT. The costs associated with the changes desired by the Client will be borne by the Client.
6.3 If an amendment to the Agreement results in an agreed delivery term being exceeded, this term will be extended for an indefinite period, unless otherwise agreed in writing. Such exceeding and the associated costs and damage are exclusively for the account and risk of the Client.
6.4 UT is entitled to contract equivalent third parties instead of the Suppliers and/or Travel Service Providers contracted or to be contracted in accordance with the Agreement. In that case, the Client is not entitled to dissolve the Agreement or to pay any compensation. In such a case, UT will consult with the Client as much as possible about the third party to be contracted.
6.5 If UT provides mediation services on behalf of the Client, such as, for example, having an agreement concluded between the Client and a third party, UT will charge a fee to be agreed for this. In that case, no agreement is expressly concluded between UT and that third party. UT is expressly not liable for damage suffered by the Client due to the failure to conclude an agreement with a third party, nor for damage suffered by the Client as a result of the actions of that third party. The mediation only includes the actual mediation and payment. It does not include advice or analysis of the quality of service or financial position of the third party.
Article 7: Delivery and risk
7.1 If the Client does not take delivery of the items delivered by UT or does not do so on time, this will be for the account and risk of the Client and the Client will remain obliged to fulfill its obligations under the Agreement and these Terms and Conditions.
7.2 The Client is obliged to report any loss, theft, loss or damage with regard to the items referred to in paragraph 4 of this article to UT without delay and is obliged to fully compensate the damage caused to those items, regardless of the cause.
7.3 The Client is not permitted to use the delivered goods for purposes other than those for which they are intended under the Agreement. The Client is also not permitted to make changes to the delivered goods without written permission from UT
Article 8: Meals and drinks
8.1 If the Parties have agreed that UT will provide meals and/or beverages (such as the provision of catering services and/or the placing of reservations at catering establishments), the number of persons to whom this relates will be specified in advance by the Client to UT. be binding.
8.2 UT cannot guarantee that the Supplier engaged by UT (and/or other third parties, such as catering establishments) in connection with the provision of meals and/or drinks, meets all legal requirements regarding quality and food safety.
Unless this is contrary to mandatory law, UT is never liable towards the Client and/or third parties for damage caused by a violation of rules regarding quality and food safety. The Client indemnifies UT against any possible liability in this regard
Article 9 – Change and cancellation by the Client
9.1 Changes The Client who has booked the Trip can request the Organizer In Writing to change the Agreement. The Organizer is not obliged to do this. The Organizer will inform the Client of the new travel sum. If the Client agrees to the costs of the change, the new travel sum and change costs are due. If the new travel sum is lower than the original travel sum, the difference will be settled with the change costs due.
9.2 Adjustment of departure date
A change of the departure date at the request of the client does not constitute a change, but a cancellation.
Article 10 – Price change
10.1 Price change
The Organizer reserves the right to increase or change the travel sum with regard to Agreements already entered into as a result of price changes of the purchased (Travel) services by, taxes or fees of third parties not directly involved in the execution of the Trip and/or changes. in exchange rates.
Article 11 – Change by Organizer
11.1 The Organizer has the right to unilaterally change the content of the agreed (Travel) services and the travel program before the start of the Trip, unless the change seriously affects the essence of the trip.
Article 12 – Cancellation by the Organizer
In the event of force majeure, including unavoidable and extraordinary circumstances, the Organizer may terminate the Agreement before the start of the trip and refund the Client the amounts paid for the Trip, minus any monies that UT has not received back from the service providers or suppliers and minus a reasonable compensation for the work already performed by UT. UT does not owe any compensation. Costs incurred by the Client for insurance and for services that fall outside the Agreement, such as vaccinations, visas, purchase material, and, if not included in the Trip, the flight, tickets, accommodation, etc. are not reimbursed.
12.2 Termination at the fault of the Client
In the event that the Client or Participant does not meet the predefined participation requirements or if incorrect or incomplete information about experience, skills, physical or mental condition or other relevant subjects is provided by or on behalf of the Client, the Organizer has the right to terminate the Agreement. This is without prejudice to other rights of the Organizer. Money that UT does not receive back will not be refunded to the Client.
PERFORMANCE OF THE TRIP
Article 13 – Responsibility
13.1 UT does not guarantee the performance of services such as flights as well as activities, local transport and hotels. In particular, UT does not guarantee the execution if the trip cannot take place due to a force majeure situation.
Article 14: Confidentiality
14.1 Unless otherwise agreed in writing, the Client is bound to absolute secrecy with regard to all data, information and documents that it has received from UT in the context of the execution of the Agreement. This provision does not apply if the Client is obliged to disclose on the basis of a legal obligation or a court order. The Client will immediately notify the UT of this.
14.2 The Client also imposes the obligation referred to in paragraph 1, if applicable, on its employees or other third parties involved, whereby the Client guarantees towards UT that the parties involved comply with that duty of confidentiality.
Article 15 – Liability, compensation & exoneration
15.1 Attribution & force majeure
The Client is in no way entitled to compensation for damage that the Client incurs as a result of non-conformity, insofar as the non-conformity is due to:
– the Client or participants;
– the acts or omissions of the Travel Service Provider or Supplier
– third parties not directly involved in the execution of the Agreement;
– unavoidable and extraordinary circumstances.
Force majeure on the part of UT exists if UT is prevented from fulfilling its obligations under the Agreement as a result of circumstances that have arisen through no fault of UT. In the event of force majeure, UT will be released from its obligation to comply with the Agreement as long as the period of force majeure continues. Force majeure includes, but is not limited to: any attributable and non-attributable shortcoming of (legal) persons whom UT uses in the execution of the Agreement, such as Travel Service Providers and Suppliers, strike, illness, technical defects, (air) traffic disruptions , energy failures, changed regulations, government measures, (threat of) terrorism, extreme weather conditions, frost, natural disasters, war and/or threat of war.
Force majeure also includes (technical) malfunctions in the systems used when recording the Travel Service(s), changes made to the Agreement by the Travel Service Provider and/or cancellation by the Travel Service Provider.
All delays with regard to the execution of the trip and in particular the transport are for the account of the client.
15.2 Liability Exclusion
Any liability of the Organizer for damage is limited to a maximum of once the travel sum, unless this is contrary to mandatory law. Liability for consequential damage, including lost travel enjoyment and the consequences of the client’s staff traveling back later, is excluded.
15.3 Liability exclusion under treaty or EU regulation
If the Organizer can be held liable for any damage, including damage resulting from the death or personal injury of the Traveler, this liability will in any case be limited or excluded to the limits allowed under the applicable international conventions and /or EU regulations relating to the individual Travel Services.
15.4 Insured damage
The Organizer is not liable for damage suffered by the Client that is covered, should have been covered, or could reasonably have been covered by insurance, such as healthcare, accident, travel or cancellation or event insurance.
15.5 Expiration period
Any claim by the Client for compensation for damage lapses one year after the Trip has taken place or if the trip has not taken place, one year after the planned date of commencement. Claims of the participant expire after one year after they arise.
15.6 UT is in no way liable for: a) damage caused by its subordinates and/or third parties engaged in the execution of the Agreement; b) damage suffered by the Client and/or third parties as a result of loss, theft and/or damage to items belonging to the Client and/or third parties; c) damage suffered by the Client and/or third parties due to incorrect and/or incompetent use by the Client, its personnel and/or third parties engaged by it of items made available by UT; and d) damage to the Client and/or third parties caused by shortcomings in the service provision as a result of incorrect and/or incomplete information obtained from the Client, as well as as a result of information not or not received from the Client on time.
15.7 The Client is liable for all (direct and indirect) damage suffered by UT as a result of (i) a failure of the Client in the fulfillment of one or more of its obligations under the Agreement and/or these Conditions, (ii) the acts (including unlawful acts) of the Client’s personnel and/or third parties engaged by him and (iii) third parties who have come into contact with any UT loaned and/or rented out and/or UT by UT in the context of goods used for the performance of the Agreement. The Client is obliged to take out proper insurance in this regard and will provide inspection of the policy and the policy conditions at the first request.
15.8 The Client indemnifies UT against all third-party claims with regard to damage as referred to in Article 15.7 and/or damage for which the Client is liable pursuant to the provisions of Article 15.6. The Client will compensate UT and/or the relevant third party that owns the goods for any damage, including all legal costs incurred by UT and/or the relevant third party, which may be the result of any claim by third parties.
15.9 The foregoing provisions are without prejudice to any liability under mandatory law.
Article 16 – Obligations of the Client
16.1 Conduct and follow-up of instructions
The Client and participants must act as reasonably
Traveler and are obliged to follow all instructions to promote the proper execution of the Trip of the Organizer and the Travel Service Providers/Suppliers.
16.2 Consequences of non-compliance – exclusion from participation
In the event of non-compliance with instructions or in the event that a Client/Participant causes nuisance, the Organizer or the Travel Service Provider/Supplier has the right to partially or completely deny the Client/Participant further participation in the Trip or Travel Service. In such a case, the Client is not entitled to a refund of monies. Further costs incurred as a result are for the account and risk of the Client.
Before proceeding to exclusion from participation, the Client/Participant will first be given a verbal or written warning. A warning is not required if this cannot be required of the Organizer or Travel Service Provider given the circumstances of the case, taking into account the behavior of the Client/Participant.
16.4 Liability Client
The Client is liable for damage caused by its behavior and that of the Participants, failure to comply with the obligations in this article or damage that must otherwise be attributed to them. The Client indemnifies the Organizer against claims from Travel Service Providers or third parties involved in the Trip for damage caused by the Client/Participant or attributable to them.
16.5 Checking the time of the return journey
The Client must verify the exact time of departure no later than 24 hours before the planned start of the return journey.
Article 17. Location
The location is considered to be accepted by the Client if the Client: a) has accepted the offer from UT; and b) has not made use of the possibility of inspection; and c) the (rental) agreement has been signed by UT. Complaining to the UT about the location is no longer possible after this. The client is obliged to pay the full rent to UT.
Article 18 – Complaints
The Organizer will provide the Organizer’s emergency contact details before the start of the Trip.
18.2 Report on site
If the Client believes that the Trip is being performed non-conformly, he must report this non-conformity without delay, but in any case during the Trip to the relevant Travel Service Provider so that it can find a solution. If the tour guide of the Organizer is on site, the complaint must also be reported to the tour guide without delay. If there is no tour guide on site, the complaint must also be clearly reported to the Organizer. This notification can be made by whatsapp, SMS text message, telephone or e-mail.
18.3 Report unresolved complaint after return
All complaints that, according to the Client, have not been or have not been fully resolved or compensated during the Trip, must be submitted to the Organizer in Writing within one month of return, stating reasons.
18.4 Consequences of not reporting the non-conformity or complaint or not reporting it in time. Complaints that are not received in time after return will not be processed.
18.5 Complaints about the amount of the invoice must be submitted in writing and directly to UT within fourteen (14) days after the date of dispatch of the invoice, failing which the Client’s right of complaint will lapse.
18.6 The handling of complaints does not affect the payment obligation of the Client.
Article 19: Termination and suspension
19.1 UT is entitled to dissolve or terminate the Agreement with immediate effect, without further notice of default or judicial intervention being required, in whole or in part, or, at its own discretion, to suspend further performance of the Agreement, if: a) The Client is in default with the fulfillment of any obligation arising for it from the Agreement and/or these Terms and Conditions; or b) after the Agreement has been concluded, information has come to the knowledge of UT that gives UT good grounds to fear that the Client will not be able to fulfill its obligations; or c) the Client is declared bankrupt and/or an application is made for this; or d) Client applies for suspension of payment; or e) Client (natural person) is placed under guardianship or dies; or f) the Client’s legal entity is dissolved or the Client’s company is liquidated. In the cases mentioned, UT’s claims against the Client are immediately due and payable, without prejudice to UT’s right to claim full compensation.
19.2 The provisions of paragraph 2 of this article do not affect UT’s option to terminate the Agreement for other serious reasons as referred to in Article 7:408 of the Dutch Civil Code.
Article 20: Special obligations and guarantees of the Client in the event that the Agreement includes the delivery of Travel Services
20.1 When concluding a Travel Agreement, UT may attach the condition that the Client takes out travel insurance for all Travelers and/or each Traveler individually. If UT has set this condition, the Client and/or Traveler must demonstrate that they have complied with this condition on first request. If the Client and/or Traveler does not meet the aforementioned condition, the Client and/or Traveler is responsible for the (financial) consequences thereof.
20.2 UT accepts no liability for acts and/or omissions of third parties (such as Travel Service Providers), nor for the correctness of the information provided by or on behalf of the Travel Service Providers or other third parties, such as but not limited to photos, folders, advertisements, websites, social media, etc.
20.4 3 If and insofar as the Travel Service Provider makes changes to the Travel Services recorded for the Client, or cancels these Travel Services, the UT is not liable towards the Client for the damage or disadvantage that ensues for the Client. .
20.4 UT will make every reasonable effort to seek alternatives for the changed and/or canceled Travel Services, without being able to guarantee this. The other parts of the Agreement remain in force.
20.5 The Client will either obtain the necessary information itself from the relevant authorities in connection with (among other things) passport requirements, visas, other (customs) formalities, health risks, etc., or ensure that the Traveler does this.
20.9 UT will assume a mediating role in disputes between the Travel Service Provider and the Client about the implementation of the Travel Service, without itself becoming a party to the dispute.
20.10 If the complaint cannot be satisfactorily resolved on the spot, it must be submitted in writing to the Travel Service Provider(s) or to the UT as soon as possible, but no later than one month after return. UT will forward the complaint – insofar as it relates to the performance of the Travel Service(s) – to the Travel Service Provider(s) for further processing.
20.11 Without prejudice to the provisions of Article 13, UT is never liable for damage suffered by the Client or the Traveler in the context of the Traveler’s exercise of
his profession or company during the purchase of a Travel Service.
20.12 The consequences of a Pandemic (COVID 19) or other pandemic are for the account of the client. UT does not bear these risks. UT also bears no risk for people who become ill during the trip, who cannot return as a result of this and for repatriation.
Client is responsible for negative test and/or vaccination check participants.
Money that we do not get back will not be refunded to the client. Work performed will be charged.
Article 21 – Other provisions
21.1 The Client is not entitled to transfer all or part of its obligations and/or rights under the Agreement to third parties.
21.2 The nullity of any provision of the Agreement and/or these Conditions between the Parties (and therefore also of the Conditions) does not affect the validity of the other provisions of the Agreement. In the event of the invalidity of any provision, the Parties will enter into a further agreement in connection with the subject of the relevant provision that approximates the intention of the Parties as closely as possible.
21.3 UT is entitled to unilaterally change the Terms and Conditions at any time. The amended version of the Terms and Conditions will only apply after the Client has received a (digital) copy thereof.
21.4 Third party rights
Subordinates, assistants and other third parties involved in the execution of the Agreement can invoke the provisions of the Agreement and these Terms and Conditions (including the liability exclusions) against the Client.
21.5 Substitute provisions
If mandatory law precludes the validity of a provision in these Terms or if a provision is annulled, that provision will be deemed to have been converted into a valid provision that approximates as closely as possible the original intention in content and intent.
21.6 Applicable law
The offer, the Agreement and the execution of the Agreement are exclusively governed by Dutch law.
21.7 Competent court
The Dutch court has exclusive jurisdiction, unless this is contrary to mandatory law.
-This is a non-legal translation of the Dutch version. Dutch conditions apply-