General Terms and Conditions Fine Fleur Amsterdam 2019-2020 – version 6-2-2020
We apply these general terms and conditions in order to clearly set out what arrangements apply if you instruct and work with Fine Fleur Amsterdam V.O.F. (“Fine Fleur”). Fine Fleur is a general partnership company registered at the Dutch Chamber of Commerce under the number 76470881 and registered office address is Govert Flinckstraat 242-1 1073 CD Amsterdam.
A copy of our general Terms and Conditions will be provided to Client and will apply to every quotation and/or agreement and will be published on our website www.finefleuramsterdam.com.
Article 1. DEFINITIONS
The definitions stated below have the following meaning in the context of these general terms and conditions:
a. The Client: the natural person or the legal entity who/which has provided Fine Fleur with the Assignment/Agreement to execute Work.
b. Documents: all information or data made available by the Client to Fine Fleur; all data produced or collected by Fine Fleur in the context of the execution of the Agreement; all legal necessary travel documents such as visa and identification documents; and all other information of any relevance for the execution or completion of the Agreement.
c. (Third party) Service supplier: the natural person or legal entity associated and contracted by Fine Fleur, to accommodate client with travel related services such as transportation and tour guiding. Service suppliers’ own company terms and conditional are applicable to the provided services.
d. Agreement: the agreement for the provision of services, under which Fine Fleur undertakes Work towards the Client to execute specified Work.
e. Work: all work to be executed by Fine Fleur for the benefit of the Client for which an Agreement is provided and which has been accepted and agreed upon by Fine Fleur in writing.
Article 2. APPLICABILITY
1. These general terms and conditions apply to all instructions for services by a client (“Client”) to Fine Fleur, as well as to all services provided by Fine Fleur on another basis.
2. Derogations from, or addendums to, these general terms and conditions, shall only be valid if these have been expressly agreed in writing in, for example, an Agreement (in writing) or in (a further) confirmation of the Agreement.
3. The applicability of the general terms and conditions of the Client is hereby expressly rejected by Fine Fleur.
Article 3. CLIENT DATA AND INFORMATION
1. The Client will be obliged to make all Documents that Fine Fleur in its opinion requires for the correct execution of the Agreement, available to Fine Fleur in the required form, in the required manner and in a timely manner. Fine Fleur will determine in written notice what must be taken to mean by the required form, the required manner and a timely manner.
2. The Client guarantees the accuracy, the completeness and the reliability of the Documents provided by the Client, also if these originate from third parties, in so far as this does not ensue otherwise from the nature of the Agreement.
3. The Client indemnifies Fine Fleur against any loss or damage resulting from inaccurate or incomplete Documents.
4. Any extra costs incurred to Fine Fleur, as well as any further loss or damage suffered by Fine Fleur due to the failure of provision of the documents necessary for the execution of the work, or failure of provision in a timely manner, will be at the Client’s risk and expense.
5. Fine Fleur has the right to suspend the execution of the Agreement until the time when the Client has fulfilled the obligations referred to in subclause 1.
6. Fine Fleur will, upon first request in writing from the Client, return to the Client the original Documents provided by the Client.
Article 4. QUOTES AND EXECUTION OF THE AGREEMENT
1. After receiving all necessary Client Documents and understanding Client needs, Fine Fleur will provide Client with a written quotation, which includes a detailed description of requested services and (an estimation) of costs. The quoted rate will be valid for ten business days and may be subjected to (unforeseen) changes or obvious errors. Quotations will always be subjected to availability.
2. An agreement is concluded between Fine Fleur and Client only if and as soon as the Client has signed the Quotation or confirmed the quotation and/or Agreement by e-mail. Fine Fleur will execute the Agreement to the best of its abilities and with due regard to the applicable legislation and regulations.
3. A copy of the signed Agreement and/or cover letter will be sent by Client to Fine Fleur to confirm the Agreement.
4. Fine Fleur determines the manner in which the Agreement will be executed and/or by which third party service suppliers if applicable. Fine Fleur has the right to have Work executed by a third party.
Article 5. PAYMENT, DEPOSIT, COMMISSION AND SERVICE FEE
1. All quoted prices are in (€) Euro (EUR) and included with tax (VAT), unless agreed otherwise. VAT may not appear separately on invoices due to the Tour Operator Margin Scheme under the European Tax Rule. Therefore, is it not possible to reclaim VAT on those services that are travel related.
2. Payment by the Client of the amounts owed to Fine Fleur must take place, without the Client having any right to any deduction, reduction, suspension, or setoff, always before commencement of any program and/or activity or within fourteen days after the invoice date, unless agreed otherwise. The day of payment is the day the amount owed is credited to the account of Fine Fleur.
3. If the Client has not paid within the period referred to in the second subclause, the Client will be in default by operation of law and Fine Fleur will be entitled to charge the statutory interest from that time.
4. Payment can be made by bank transfer or creditcard. Client bank costs are at own expense. creditcard payments are subject to 4% additional creditcard fee.
5. Payments must indicate the invoice number of the referred Invoice.
6. Fine Fleur charges Client a deposit of 25% of the total Agreement booking value as a pre-payment and needs to be paid at time of booking. The deposit will be deducted from the total booking value that will be invoiced and is not refundable in case of cancellation.
7. If Client negotiates a percentage of commission with Fine Fleur, this will always be clearly stated in the quotation and included on the price of purchase. Commission percentage and details by request of the travel advisor must be agreed upon at the time of confirmation. Commissions are paid at the end of the month and are not applicable to (museum, travel, events) tickets.
8. Fine Fleur is entitled to charge a service fee of €250,-Euro to Agreements that desire special and detailed planning needs, after office hours (CE(S)T), public holidays and weekend services. The amount of the service fee will be added to the quotation or will be added to the outstanding invoice amount if applicable.
9. Bank details of Fine Fleur are:
Attn: Fine Fleur Amsterdam
Article 6. TERMINATION OF AGREEMENT
1. The Client and Fine Fleur may terminate the Agreement with immediate effect within an observing notice period of ten business days, by means of notice in writing to the other party. If the Agreement terminates before the Agreement is completed, the Client or Fine Fleur will reimburse any outstanding costs and fees for Work executed for the benefit of the Client or Fine Fleur within thirty business days.
2. Subclause 1 does not apply to Agreements that commence earlier than up to at least ten business days from the signing date of the Agreement. If the Client terminates the Agreement, Fine Fleur will have the right to: compensation of any loss; reimbursement of additional costs that Fine Fleur has already incurred; and costs ensuing from any cancellation of engaged third parties service suppliers.
3. If Fine Fleur terminates the Agreement, the Client will have the right of cooperation from Fine Fleur during the transfer of Work to third parties, unless there is intent or willful recklessness on the part of the Client as a result of which Fine Fleur feels compelled to terminate the Agreement. It is conditional to the right of cooperation, as specified in this subclause, that the Client has paid all underlying outstanding advance payments or as the case may be all invoices.
Article 7. AMENDMENTS AND CANCELLATION POLICY
1.Fine Fleur charges Client a deposit of 25% of the total Agreement booking value as a pre-payment which needs to be paid at time of booking and is refundable until 30 days prior to arrival (first servicedate). The deposit will be deducted from the total booking value that will beinvoiced. Balance (75%) is due 30 days prior to arrival. Cancellations made between 29 and 15 days prior to service date will be subject to a 50% cancellation charge. As of 14 days prior, 100% will be charged in case of cancellation.
2. Fine fleur wil charge the following fees in case of any cancellation that fail to fall within the scope of the period referred to in article 5.1. without exceptions;
-twenty-five percent (25%) deposit at time of booking refundable until 30 days prior to arrival (first day of service);
-Balance due thirty (30) days prior to arrival;
-fifty percent (50%) CXL charges when cancelled 29-15 days prior;
-hundred percent (100%) CXL Charges when cancelled 14 days prior.
3. Fine Fleur will not refund any costs for prepaid and confirme tickets (e.g. museums, travel, events).
Article 8. LIABILITY AND INDEMNITY
1.Fine Fleur will not be liable for any loss or damage on the part of the Client which arises due to the fact that the Client has provided no, inaccurate or incomplete Documents to Fine Fleur, or if these have not been provided in a timely manner.
2. Client acknowledges that Fine Fleur is a travel service provider defining Clients needs as stated in the Agreement. Fine Fleur cannot be held responsible or liable for (in Clients opinion) different representation of content of the executed services.
Accordingly, Fine Fleur shall not be liable for losses or damages or injuries suffered by the Client resulting in particular from third party service suppliers, even though Fine Fleur booked on behalf of the Client. This will include but not be restricted to illnesses after eating at restaurants, bad weather conditions, transfer connections, traffic congestions etc.
3.Fine Fleur shall only be liable to the Client for loss, damage or personal injury caused directly and reasonably foreseeable by Fine Fleur resulting in the breach of these General Terms and Conditions.
4.Fine Fleur strongly advises Client to ensure Travel insurance for any last minute medical cancellations, strikes, weather conditions, flight delays, etc. If there are any last minute cancellations, an invoice can be supplied to then forward onto any travel insurance company.
5. Fine Fleur will do everything in its power to assist Client in any unforeseen circumstance in the best possible way.
Article 9. FORCE MAJEUR
1.If parties cannot, not in a timely manner, or not properly fulfil the obligations under the Agreement resulting from force majeure within the meaning of Section 75, Book 6 of the Dutch Civil Code, these obligations will be suspended until the time when parties will be able to fulfil these in the agreed manner.
It is hereby expressly agreed that force majeure will include amongst other events but not limited to: war declared or not, civil disturbance, riot, revolution; act of piracy, sabotage; boycott, strike, lock-out, or other protest actions, external to the parties or not; accident; fire, explosion; natural disaster such as violent windstorm, hurricane, earthquake, tidal wave, lightning destruction; extreme weather conditions; flood; interruption of production or of delivery from a supplier of a party; interruption of transport; blockade; restriction of exports; import or export ban; and government action, in particular with respect to homeland security and state of emergency.
2. In the event that the situation occurs as referred to in the first subclause, parties will have the right to terminate the Agreement, wholly or in part, in writing and with immediate effect, without the right to any compensation existing.
3. If at the occurrence of the force majeure situation Fine Fleur has already partially fulfilled the obligations stated in the Agreement, Fine Fleur will be entitled to (in the interim) separately invoice the executed Work, and the Client must pay this invoice as if it concerned a separate transaction.
Article 10. PRIVACY, DATA PROTECTION AND COMPLIANCE
1.Fine Fleur will ensure that all necessary measures and regulations of the GDPR are implemented and complied with accordingly.
2. All electronic communication, including e-mails, shall be deemed to be in writing. The Client consents to Fine Fleur using digital communication and data storage services. Fine Fleur cannot be held liable for any loss resulting from the use thereof. Fine Fleur will ensure that all necessary measures and regulations of the GDPR are implemented and complied by accordingly.
3. For more detailed information on this subject Fine Fleur refers to its PRIVACY NOTICE.
Article 11. INTELLECTUAL PROPERTY AND CONFIDENTIALITY
1. The execution of the Agreement by Fine Fleur does not include the transfer of intellectual property rights. All intellectual property rights arisen during, or ensuing from, the execution of the Agreement belong to Fine Fleur.
2. The Client is expressly prohibited from reproducing, publishing or utilizing the products which Fine Fleur intellectual property rights are vested in, or as the case may be the products intellectual property rights are vested in with regard to the use of which Fine Fleur has acquired the rights of use. This concerns for example (but is not limited to): working methods, advice, (model) contracts, templates and other intellectual work.
3. The Client is not permitted to provide the products referred to in the second subclause to third parties without prior permission in writing from Fine Fleur. This does not apply in the event that the Client wishes to consult with a natural person that Client represents.
4. All information and documentation that is shared between Client and Fine Fleur remains confidential.
Article 12. APPLICABLE LAW AND CHOICE OF FORUM
1. All legal relationships with Fine Fleur are governed by Dutch law.
2. Any dispute shall be submitted in the first instance to the District Court of Amsterdam, the Netherlands