Article 1: Definitions.
1.1 Transport agreement: the agreement for transport by bus of one or more persons and whether or not their luggage, not being a travel agreement as defined below under 1.4 and with the exception of public transport services, to which the CAO Private Bus Transport does not apply.
1.2 Carrier: the person who undertakes to transport in a transport agreement as defined under 1.1.
1.3 Client: the other party of the carrier in a contract of carriage.
1.4 Travel agreement: the agreement in which a travel organizer commits itself to the other party to provide a pre-organized bus trip offered by it, which includes an overnight stay or a period of more than 24 hours, as well as at least two of the following services: a. transport; b. stay; c. another tourist service, not related to transport or accommodation, which forms a significant part of the trip.
1.5 Travel organiser: the person who, in the course of his business, offers pre-arranged bus trips in his own name to the public or to a group of persons.
1.6 Traveller: a person to be transported by bus by the carrier or, in the context of a travel agreement, a. the other party of the tour operator; b. the person for whose benefit the trip has been stipulated and who has accepted that stipulation or c. the person to whom the legal relationship with the tour operator has been transferred in the manner required by law.
Article 2: Establishment of agreement.
2.1 Any offer from the carrier or tour operator is revocable, even if a term for acceptance is stated therein. Any offer to enter into a transport or travel agreement from the carrier or travel organizer is without obligation and can therefore be revoked by them, even after the client or traveler has accepted the offer. Revocation of an offer without obligation must be made within 8 office hours after receipt of the acceptance.
2.2 The person who enters into an agreement on behalf of or for the benefit of another party is jointly and severally liable for all obligations arising from the agreement. The (other) traveller(s) is (are) liable for his (their) own part.
Article 3: Prices.
3.1 Unless otherwise agreed, the amount of the fare is exclusive of VAT and other government levies.
3.2 The carrier is authorized to pass on the increase in costs associated with the performance of the agreement, for example as a result of the increase in fuel costs, wage costs, the prices of consumptions or due levies, by means of an increase in the agreed journey price. the contractor. The client can reject the increase. The following provisions in 6.2 and 6.3 apply to such a rejection and its consequences.
3.3 The travel organizer is authorized to increase the agreed travel sum up to 20 days before the start of the trip in connection with changes in the transport costs, including fuel costs, the levies owed or the applicable exchange rates. The traveler can reject the increase. The following provisions in 6.2 and 6.3 apply to such a rejection and its consequences. Such a change in costs may also lead to a reduction in the travel sum, unless this cannot reasonably be expected of the travel organizer in view of the associated costs. The travel organizer is obliged to include all unavoidable additional costs known at the time of publication that the traveler must pay for the services offered in the quoted travel sum. Unavoidable additional costs are understood to mean costs that are inextricably linked to the service offered. This does not include the costs of additional services provided by the tour operator or third parties at the request of the traveler, such as insurance premiums, as well as costs that are charged per party when booking and vary according to the size of the party, and reservation costs that are charged per sales channel. may vary.
3.4 The client or traveler is obliged to pay the additional costs that are charged to him if: a. at his request or due to a circumstance attributable to him, more kilometers have been driven and/or more working hours have been made than have been discounted in the fare or travel sum, b. at his request or due to a circumstance attributable to him, the performance of the transport or the journey (for example, in the route, time schedule, care or accommodation) as provided for in the agreement has deviated in any way, and c . as a result of traffic situations that were not foreseen in advance, such as traffic jams, the trip or travel time is longer than agreed.
Article 4: Payment; law enforcement.
4.1 The carrier is always entitled to demand from the client payment of an advance on the fare or advance payment of the entire fare. The client must pay the advance or advance payment within a period to be determined by the carrier. In the absence of such a term, the advance or advance payment must be paid to the carrier at least 14 days before the date of departure. If the client fails to pay the advance or advance payment in time, the carrier is authorized to dissolve the contract of carriage and the client is obliged to reimburse the carrier for the costs already incurred or other damage. This compensation will amount to at least 30% of the fare.
4.2 The client is obliged to pay (the remainder of) the fare within 14 days of the invoice date, unless otherwise agreed.
4.3 Upon conclusion of a travel agreement, the traveler must make a deposit amounting to 30% of the travel sum within a period to be set by the travel organizer. If this payment is not received immediately or on time by the tour operator, the tour operator is
authorized to dissolve the travel agreement, without the traveler being entitled to compensation.
4.4 The traveler must have paid (the remainder of) the travel sum to the travel organizer no later than 4 weeks before the day of commencement of the trip. This payment term is a strict deadline. In the event of late payment, the traveler is in default and the travel organizer has the authority to either collect the travel sum with due observance of the provisions under 4.5 or to dissolve the travel agreement. In the event of dissolution, the traveler will owe compensation, calculated in accordance with the provisions under 5.2 of these conditions.
4.5 In the event of any late payment, the client or traveler will be in default without notice of default or reminder being required and will owe an immediately due and payable penalty of 1.5% per month on the overdue amount. Part of a month counts as a whole month in this context.
4.6 All costs, both extrajudicial and judicial (including the costs of legal assistance), that are associated with the enforcement of its rights towards the client or traveler respectively for the carrier or tour operator, will be borne by the client or traveler respectively. In the event that the client or traveler is in default of payment of the amounts charged by the carrier or tour operator, the client or traveler will also owe the extrajudicial costs in addition to the statutory interest, whereby the following applies: a. Insofar as the client or the traveler is a natural person is not acting in the exercise of a profession or business, the extrajudicial costs, as determined in and calculated in accordance with the Extrajudicial Collection Costs Compensation Decree, are only due if payment has not been made within 15 days after the reminder letter has been delivered to the debtor; b. Insofar as the client or traveler acted in the exercise of a profession or business, the carrier or travel organizer is entitled to reimbursement of the extrajudicial collection costs, which costs in that case, in derogation from the provisions of Article 6:96 paragraph 4 of the Dutch Civil Code, as well as in derogation from the Decree on compensation for extrajudicial collection costs, already now for then, is set at an amount equal to 15% of the total outstanding principal sum, with a minimum of € 75.00.
Article 5: Cancellation.
5.1 If the client cancels the contract of carriage, he is obliged to compensate the damage suffered by the carrier as a result. Unless the parties have agreed otherwise – including in the event that the carrier has stated a different cancellation scheme in its prospectus or other publication – the client is, in addition to reimbursement of any costs already incurred by the carrier on its behalf, the following compensation to the carrier: due: a. if the cancellation takes place at least 22 days before the day on which the transport commences: 15% of the agreed journey price with a minimum of € 35; b. if the cancellation takes place on the 21st day or between 21 and 14 days before the day on which the transport commences: 30% of the agreed fare; c. if the cancellation takes place on the 14th day or between 14 and 2 days before the day on which the transport commences: 50% of the agreed journey price; d. if cancellation takes place on the 2nd day before the day on which the transport commences: 75% of the agreed journey price; e. if cancellation takes place on the day of departure or during transport: the full fare.
5.2 If the traveler cancels the travel agreement due to a circumstance for which he is responsible – such as illness or family circumstances – he is obliged to compensate the damage suffered by the travel organizer as a result. Unless the parties have agreed otherwise – including in the event that the tour operator has stated a different cancellation arrangement in its prospectus or other publication – the traveler owes the following compensation to the tour operator: a. in the event of cancellation earlier than 56 days before the day of departure : € 35,- per person; b. in the event of cancellation from the 56th day to 28 days before the day of departure: the amount of the deposit up to a maximum of 25% of the travel sum; c. in case of cancellation from the 28th day to 14 days before the day of departure: 50% of the travel sum; d. in case of cancellation from the 14th day to the day of departure: 75% of the travel sum; e. in case of cancellation on the day of departure or during the trip: the full travel sum.
5.3 If one or more travelers who have booked specific accommodation together with one or more other travelers for a stay cancel their travel agreement, such cancellation also counts as cancellation by those other traveller(s) of the travel agreement(s) concluded with him(ies). and these travelers are also obliged to pay compensation on the basis of 5.2.
5.4 The right to cancel cannot be exercised during the transport or the journey if this would delay the journey of the vehicle. Termination by the client or traveler can only be done in writing before the start of the transport or the trip.
Article 6: Amendment of the agreement.
6.1 The carrier or travel organizer is authorized to change the transport or travel agreement on an essential point due to important circumstances, which must be communicated to the client or traveler as soon as possible. The client or traveler can reject the change. If the carrier or travel organizer changes the transport or travel agreement on a non-essential point due to important circumstances that are immediately communicated to the client or traveler, the client or traveler can only reject the change if it is to the detriment of more than minor significance.
6.2 The client or traveler must inform the carrier or tour operator of any rejection as soon as possible, failing which the rejection will have no effect.
6.3 In the event of rejection by the client or traveler as referred to in 6.2, the carrier or travel organizer may cancel the transport or travel agreement. The carrier or tour operator must exercise this right of termination as soon as possible. In the event of such cancellation, the client or traveler is entitled to a refund or remission of the fare or travel sum or, if the transport or trip has already been partially enjoyed, a proportionate part thereof.
Article 7: Cancellation due to insufficient participation or due to force majeure.
7.1 The tour operator is authorized to terminate the travel agreement without owing the traveler any compensation if the number of registrations is less than the required minimum number and the traveler has been notified of the termination in writing within the period specified in the travel agreement. or when fulfillment of the travel agreement is impossible or is made more difficult by abnormal and unforeseeable circumstances that are independent of the will of the travel organizer and the consequences of which could not be avoided despite all precautions.
7.2 The carrier is authorized to terminate the contract of carriage if the performance thereof is made impossible or hindered by a circumstance beyond his control; such circumstances include strikes by subordinates and/or auxiliary persons of the carrier and extreme weather conditions for which a weather alert is issued. If the contract of carriage extends to transport by means of the provision by the carrier of one or more seats in a bus and not of a bus as such, the carrier is also authorized to terminate the contract of carriage in the event of insufficient participation as referred to under 7.1.
7.3 In the event of cancellation, the client or traveler is entitled to a refund or remission of the fare or travel sum or, if the transport or trip has already been partially enjoyed, a proportionate part thereof.
Article 8: Limitation of Liability.
8.1 In the event that the carrier is legally liable for damage caused by death or injury to the traveler as a result of an accident that has happened to the traveler in connection with and during the carriage, and/or damage caused by total or partial loss or damage to his luggage, which occurred during the transport, his liability for this damage, except – in short – in case of intent or willful recklessness on the part of the carrier himself, is limited, pursuant to Article 8:1157 of the Dutch Civil Code, to the general administrative order issued in this section of the law. The carrier is not liable in the event of loss of or damage to coins, negotiable documents, gold, silver, jewelry, jewellery, works of art, electronics or other items of value.
8.2 The carrier is not liable towards the client or traveler for any other damage than referred to under 8.1, such as damage caused by delay in transport, except if this damage is the result of acts or omissions on his part, either with intent cause the damage, either recklessly and with knowledge that such damage would probably result. The circumstance that the contract of carriage cannot be fulfilled in full as a result of compliance with (traffic) laws and regulations cannot be qualified as negligence on the part of the carrier and cannot lead to liability. Pursuant to Article 8:1157 of the Dutch Civil Code, if the carrier is liable for damage as a result of delay, this liability is limited to the amount determined by or pursuant to the order in council issued pursuant to this section of the law.
8.3 The travel organizer’s liability for damage other than caused by the death or injury of the traveler is limited to three times the travel sum, on the understanding that the compensation for loss of travel enjoyment will not exceed the travel sum. If a treaty applies to a service included in the travel agreement that grants or permits an exclusion or limitation of liability to the travel organiser, this exclusion or limitation respectively applies to the lowest amount permitted in favor of the travel organiser.
Article 9: Various obligations of the traveler.
9.1 During the transport or the journey, the traveler is obliged to behave in accordance with the instructions issued by the carrier or travel organiser, including the immediate and unconditional cooperation with regard to checking luggage. The traveler must be in possession of a valid proof of identity and must show this on first request. Before the start of the transport or the journey, the traveler is obliged to properly pack his luggage (including to prevent damage to other luggage or the bus) and to clearly indicate his name, address and destination. The carrier or travel organizer is authorized to refuse the transport of luggage if the number or size of the packages offered by the traveler is not reasonable and/or the weight exceeds 20 kg per person. For safety or security reasons and/or at the request of the authorities, the traveler may be asked to cooperate with an investigation of baggage. The Traveler is obliged to immediately cooperate with this. Carrier is entitled to inspect (or have inspected) unattended baggage. The traveler is prohibited from: a. carrying drugs, explosives, weapons, oxygen bottles or dangerous substances in his luggage or otherwise; b. to stand or walk in the bus and/or to consume (hot) drinks while driving, unless at the traveler’s own risk; The traveler is obliged to refrain from: a. damage and/or contamination of the bus; b. the use of
alcoholic beverages, unless with explicit permission from the carrier or tour operator, as well as the use of narcotics; c. touching emergency facilities, such as emergency door and escape hatch; d. smoking; e. hindering the staff in any way in the performance of their duties; f. causing nuisance and nuisance to fellow travelers or road users, including spilling (hot) drinks; g. endangering the safety of oneself, the other passengers, the driver or other road users.
9.2 The carrier or travel organizer is authorized to refuse transport or further transport to the traveler and to order him to leave the bus immediately, if the traveler acts contrary to the obligations referred to above under 9.1, without the the client or the traveler in this respect is entitled to any compensation or refund of (part of) the fare or travel sum.
9.3 The traveler is also obliged to carry all travel documents necessary for the trip, such as a valid passport and a valid visa, to be present in time for departure and also to be present again in good time before departure at stopovers and also fasten seat belts, if any, while driving. When transporting children up to the age of 12, the accompanying persons are responsible for fastening the seat belts, if any, while driving. In the event that the necessary documents are not available, the traveler is not present on time, the traveler does not return on time or the refusal to fasten the seat belts can lead to a significant delay, the carrier or tour operator is authorized to cancel the transport or the trip. with regard to this traveler, without the client or the traveler being entitled to any compensation or refund of the fare or travel sum.
9.4 Without prejudice to the provisions of 9.1 to 9.3 above, the client or the traveler is obliged to compensate the carrier or tour operator for any damage it may have suffered and will suffer because the traveler has acted in violation of one of the aforementioned obligations.
Article 10: Camera surveillance.
In the interest of the safety of travelers and driver(s), the Carrier reserves the right to carry out camera-supported surveillance. This supervision takes place with due observance of the Personal Data Protection Act and the Camera Surveillance Policy Rules based on it.
Article 11: Complaints; competent court.
11.1 In the event that the client or traveler has a complaint about the formation or performance of the agreement, the client or traveler must address the relevant complaint directly, in writing or in another appropriate form, to the carrier or travel organizer so that they can find a suitable solution. 11.2 If the complaint is not resolved to the satisfaction of the client or traveler during the execution of the agreement, the complaint can be submitted no later than within one month after the execution of the agreement or, if the transport or trip has not taken place, within one month after submit a written and motivated complaint to the carrier or tour operator on the planned departure date. If the complaint does not relate to the implementation but to the formation of the agreement, the complaint must be submitted to the carrier or tour operator within one month of the relevant conduct of the carrier or tour operator.
11.3 The carrier or tour operator must deal with a complaint within one month of its submission. If the carrier or travel organizer has not dealt with the complaint in time or to the satisfaction of the client or traveller,
until no later than 3 months after the execution of the agreement or after the planned departure date or after the date on which the contested conduct of the carrier or tour operator with regard to the conclusion of the agreement has taken place, submit his complaint in writing to a representative appointed by the KNV association. Bus transport disputes committee to be set up. This disputes committee decides by means of binding advice.
11.4 The traveler who does not wish to make use of this binding advice procedure can turn to the legally competent court within whose jurisdiction the carrier or tour operator is established, without prejudice to the right of the traveler to turn to a
other competent court according to the law.
11.5 Without prejudice to the statutory provisions of mandatory law with regard to prescription of legal claims and the provisions regarding the expiry in the event of late notification as referred to in Section 8:1753 of the Dutch Civil Code, any right of claim of the client or traveler will otherwise lapse.
one year after performance of the agreement or one year after the planned departure date or after the date on which the disputed conduct of the carrier or tour operator with regard to the conclusion of the agreement took place.
Article 12: Applicable law.
Dutch law applies to all transport or travel agreements.
