Terms & Conditions
ARTICLE 1 DEFINITIONS
- AcademyTrips.com B.V.: the travel organizer and user of these General Terms and Conditions, having its legal seat of business in Breda, the Netherlands, registered at the Trade Register under Chamber of Commerce number 63641070.
- Traveler(s): the applicant, those for whose benefit the trip has been stipulated and who have accepted that stipulation, or those to whom the legal relation to AcademyTrips.com B.V. has been assigned in accordance with Article 9 of these General Terms and Conditions.
- Applicant: the person who concludes the agreement on behalf or for the benefit of the (fellow) Travelers.
- Trip: all services for the benefit of the Travelers for which AcademyTrips.com B.V. has committed itself to them.
- Agreement: the travel agreement concluded between AcademyTrips.com B.V. and the Travelers as set forth in Article 7:500 Dutch Civil Code, as well as other agreements with which AcademyTrips.com B.V. commits itself towards the Travelers for the supply of one or more services.
ARTICLE 2 GENERAL CLAUSES
- These General Terms and Conditions are applicable to each offer and to each concluded agreement between the Travelers and AcademyTrips.com B.V..
- These General Terms and Conditions are also applicable to agreements for the execution of which third parties need to be involved by AcademyTrips.com B.V..
- From the stipulations in these General Terms and Conditions deviation can solely be deviated in writing. If the stipulations in the agreement deviate from the stipulations in these General Terms and Conditions, the stipulations in the agreement shall apply.
- Being void or being declared void of one or more of the concerned stipulations leaves the validity of the other clauses unaffected. In such cases parties are obliged to enter into mutual consultation in order to arrange for a replacement regulation regarding the affected clause. Thereby the tenor and purpose of the original clause is observed to the most possible extent.
ARTICLE 3 OFFER AND CONCLUSION OF THE AGREEMENT
- Even if a term for acceptance has been set, each offer of AcademyTrips.com B.V. is non-binding and under the precondition of sufficient availability of the trip offered.
- com B.V. can always add special conditions to an offer.
- From an offer that is based on incorrect or incomplete data submitted by a Traveler, no rights can be derived by the Traveler(s).
- Obvious errors and mistakes in the offer or the agreement do not bind AcademyTrips.com B.V..
- An offer does not automatically apply to subsequent agreements.
- An offer composed of various elements does not oblige AcademyTrips.com B.V. to the compliance with a part thereof in accordance with the commensurate part of the stated price.
- If the applicant concludes the agreement on behalf of or for the account of another natural person and/or legal person, he declares, upon concluding the agreement, to be authorized thereto. The applicant is in addition to this (legal) person severally liable for all obligations deriving from that agreement.
- All exchanges, including payments, between the Travelers and AcademyTrips.com B.V. will solely take place via the applicant. The other Travelers are liable for their own share in the agreement.
- Agreements are only deemed to be concluded after the signing by the applicant or an agreement drafted for that purpose, as of the moment of signing.
ARTICLE 4 OBLIGATIONS OF PARTIES
- In the offer AcademyTrips.com B.V. will state the following data:
- its name, address and telephone number;
- the amount or the percentage of the travel price that needs to be paid as an advance and the term within which the balance should be paid;
- the relevant general information over the required travel documents and over the formalities in the area of health that are required for the trip and the stay;
- information over the option of a cancellation insurance;
- the term within which the Traveler must notify the travel organization that the trip does not meet his expectations.
- To the extent applicable AcademyTrips.com B.V. states in the offer also:
- a) regarding the transport:
- an indication of the means of trans
- port to be used, the features and possibly the category thereof;
- an indication of the places of departure and arrival and a time indication thereof as precise as possible;
- b) regarding the stay:
- an indication of the place or places of stay;
- an indication of the accommodation, the features and possibly the category thereof as well as to the extent it concerns an accommodation in a member state of the European Union that has legal regulations regarding the touristic classification of accommodation, an indication of that classification;
- the period of stay;
- a statement of the number and the sort of the included meals;
- the other touristic services that form a significant part of the trip;
- that a minimal number of persons are required for the trip and that the number thereof shall be included in the agreement, as well as the ultimate date on which the applicant will be notified about cancellation of the trip because that number has not been reached.
- Before the commencement of the trip AcademyTrips.com B.V. provides the applicant with the following data:
- the name, the address and the telephone number of the local representative of AcademyTrips.com B.V. or, in the absence thereof, of the local entity or entities that can help the Travelers or, in the absence thereof as well, a telephone number for emergency situations or other information through which they can contact AcademyTrips.com B.V.;
- information over the availability of travel insurance.
- To the extent applicable AcademyTrips.com B.V. shall provides before the commencement of the trip also the following data:
- information over the service schedules of the transport, the in between stops and the connecting transportations;
- information about the place to be occupied by the Travelers in the means of transport;
- a description of the route to the place or places of stay;
- information about the option of direct contact with an underage Traveler abroad if this person is not accompanied by an adult Traveler, or with the person who is locally responsible for the stay of that underage person.
- The Travelers are responsible for the possession of the required documents such as a valid passport, identity card, visa and proof of inoculations and vaccinations.
- The applicant is obliged to provide AcademyTrips.com B.V. before or no later than at the conclusion of the agreement with all data concerning himself and the Travelers who have been included by him, that may be of importance for the conclusion and the execution of the agreement, including his contact details.
- The Travelers are required to submit all relevant information with regard to their physical and mental condition (including the use of alcohol, drugs or medication) if that physical and/or mental condition can result in discomfort, danger or risks for the Travelers, of for third parties. If the aforementioned information has not been submitted, or is incorrect or incomplete, then the Traveler can be denied the right to further transport.
- Also the applicant states special matters that may be of importance for the proper execution of the trip by AcademyTrips.com B.V. regarding the identity or the composition of the Travelers included by him.
- The Travelers are obliged to comply with all directions by AcademyTrips.com B.V. for the benefit of a proper execution of the trip and are liable for damage(s) caused by their non permitted behavior, to be assessed on the basis of the standard for the behavior a correct Traveler.
- The Traveler who causes such hinder or bother or may cause so, that a proper execution of a trip is strongly affected or may be affected, can be excluded by AcademyTrips.com B.V. from (continuation of) the trip, if it cannot be reasonably required from AcademyTrips.com B.V. to comply with the agreement.
- All costs deriving from a situation as set forth in section 10 shall be for the account of the Traveler, if and to the extent that the consequences of hinder or bother can be attributed to him. The consequences can in any case be attributed to him if the Traveler has not complied with his applicable information obligations.
- The Traveler is obliged to avoid possible damage(s) or to limit them as much as possible, in particular by complying with his obligation to provide information as set forth in Article 10 section 1.
- Each Traveler is required to verify with the trip management no later than 24 hours before the stated time of departure of the return trip about the exact time of departure.
ARTICLE 5 CANCELLATION BY TRAVELLER
- Save for the stipulations in section 3 the Traveler who cancels the agreement is liable to pay the following cancellation costs. In case of cancellation :
- till the 42nd day (exclusive) before day of departure: the down payment;
- from the 42nd day (inclusive) to the 28th day (exclusive) before day of departure: 35% of the travel price;
- from the 28th day (inclusive) to the 21st day (exclusive) before day of departure: 40% of the travel price;
- from the 21st day (inclusive) to the 14th day (exclusive) before day of departure: 50% of the travel price;
- from the 14th day (inclusive) to the 5th day (exclusive) before day of departure: 75% of the travel price;
- from the 5th day (inclusive) to the day of departure (exclusive): 90% of the travel price;
- on the day of departure or later: the full travel price.
- Cancellation after office hours is deemed to be done on the first following working day.
- If the Traveler cancels because of a circumstance not attributable to him, he is entitled to refund of cancellation of the travel price or, if the trip has already been enjoyed in part, a commensurate part thereof.
- If a Traveler from the travel company cancels his share in the agreement, he is liable to pay cancellation costs. If at the time of the conclusion of the agreement, on the basis of the size of the remaining travel company, a different price would apply, then the travel price for the remaining Travelers will be changed accordingly. For the changed agreement the usual payment conditions of Article 8 shall apply.
- If a change of the agreement as set forth in the previous section is impossible or is not accepted, then the agreement for all Travelers shall be cancelled and all of them are liable to pay cancellation costs.
ARTICLE 6 CANCELLATION BY ACADEMYTRIPS.COM B.V.
- Notwithstanding Article 7.4 AcademyTrips.com B.V. can cancel the agreement because of grave circumstances, of which the applicant shall be notified without delay.
- If AcademyTrips.com B.V. cancels the agreement because of a circumstance not attributable to the applicant or Travelers, it will offer another trip of equal or better quality. Notwithstanding the third section the applicant who does not accept that offer, is entitled to refunding or cancellation of the travel price or, if the trip has already been enjoyed in part, a commensurate part thereof.
- In case of cancellation AcademyTrips.com B.V. shall compensate the incurred financial damage and an amount for the missed travel pleasure, unless
- it cancels the agreement because the number of applications is smaller than the required minimum number and the applicant has been notified within the term stated in the agreement in writing of the cancellation, or
- it cancels the agreement that gave cause to the cancellation can be attributed to one or more Travelers. In that case all damage(s) deriving here from are for the account of the Travelers or applicant.
- the cancellation is a consequence of Force Majeure. Under Force Majeure is an understood abnormal and unforeseen circumstance that are independent of the will of AcademyTrips.com B.V. and of which the consequences despite all precautions could not be avoided.
ARTICLE 7 CHANGE OF THE AGREEMENT
- AcademyTrips.com B.V. is authorized to change the travel agreement on an essential point because of grave circumstances, of which the applicant has been notified without delay. The Traveler is authorized to reject the change.
- AcademyTrips.com B.V. is authorized to change the travel agreement because of grave circumstances, of which the applicant has been notified without delay. The Traveler can only reject the change if it results to a disadvantage of more than a minute importance.
- If the cause of the change van be attributed to the applicant or Travelers, the damage(s) deriving there from shall be for the account of the applicant and/ or Travelers.
- AcademyTrips.com B.V. is authorized to increase the travel price up to twenty days before the commencement of the trip in connection with an increase in the costs of transport including fuel costs, the due duties and applicable currency exchange rates. In such cases AcademyTrips.com B.V. will state in which manner the increase has been calculated. The Traveler may reject the increase.
- Upon a rejection as set forth in the previous sections, AcademyTrips.com B.V. can cancel the travel agreement. The Travelers are entitled to a refund or cancellation of the travel price or, if the trip has been enjoyed in part, a commensurate part thereof. If AcademyTrips.com B.V. cancels after a rejection by the Traveler as set forth in the sections 1 and 4; moreover, Article 6.3 shall equally apply.
- At the peril of losing this right of rejection as set forth in section 1 and 4 needs to take place within three working days after the receipt of the notification from AcademyTrips.com B.V. that gave cause to the rejection.
ARTICLE 8 TRAVEL PRICE AND PAYMENT CONDITIONS
- The published travel price is based on the prices, duties and taxes that were known to AcademyTrips.com B.V. at the time of the publication thereof.
- The Traveler or the applicant is obliged to pay 25% of the travel price within eight days after conclusion of the agreement. The remainder of the payment needs to be completed no later than six weeks before the day of departure.
- If the departure takes place within six weeks after the conclusion of the agreement, the full travel price must be paid immediately.
- Payment needs to take place in the manner prescribed by AcademyTrips.com B.V..
- If timely payment does not take place, there is a default by law. From the day that the default emerges, the Traveler is liable to pay the interest by law. The interest by law is calculated up to and including the day that the full due payment has been made. All reasonable costs for the payment of due amounts are for the account of the Traveler. The out-of-court costs are calculated according to what is customary in the Dutch collection practice, at present the “Wet incassokosten 2012.”
- If despite summation payment of the due travel price has not taken place, then AcademyTrips.com B.V. is authorized to dissolve the agreement and to charge the applicable cancellation costs as set forth in Article 5.
ARTICLE 9 ASSIGNMENT
- No later than seven days before the commencement of the trip the Traveler can his legal relation to AcademyTrips.com B.V. to a third party that shall comply with all conditions of the travel agreement.
- The assignment takes place by a designated agreement with the third party and notification in writing thereof by the assigning Traveler to AcademyTrips.com B.V.. The assigning Traveler, the applicant and the third party jointly and severally liable for payment of the travel price and the costs in relation to the assignment.
ARTICLE 10 CONFORMITY, COMPLAINTS AND ASSISTANCE
- If the trip does not go in accordance with the expectations that the Traveler nay have reasonably had on the basis of the agreement, then the Traveler is obliged to notify AcademyTrips.com B.V. or its personnel thereof as soon as possible.
- If the trip does not go in accordance with the expectations that the Traveler nay have reasonably had on the basis of the agreement, then AcademyTrips.com B.V. notwithstanding the other stipulations in these General Terms and Conditions is obliged to compensate the possible damage(s) of the Traveler, unless the shortcoming in the compliance cannot be attributed to it nor to the person of whose help use has been made for the execution of the agreement because:
- the shortcoming in the execution of the travel agreement can be attributed to the Traveler;
- the shortcoming in the execution of the travel agreement that could not be foreseen or relieved, is attributable to a third party that was not included in the provision of the services included in the trip; or
- the shortcoming in the execution of the agreement is due to Force Majeure as set forth in Article 6.3 or an event that AcademyTrips.com B.V. or the person of whose help it made use for the execution of the travel agreement use, while observing all possible cared could not be foreseen or relieved.
- Depending on the circumstances AcademyTrips.com B.V. is obliged to provide the Travelers with aid and assistance, if the trip does not go in accordance with the expectations that the Travelers may have reasonably had on the basis of the agreement. If the cause thereof can be attributed to the Travelers, then AcademyTrips.com B.V. is only obliged to the provision of aid and assistance to the extent that such may reasonably be expected of it. The costs for the provided aid and assistance will in that case be for the account of the Travelers. The costs for the provided aid and assistance will be for the account of AcademyTrips.com B.V., if the shortcoming in the compliance can be attributed to it or to the person of whose help it made use for the execution of the agreement, in accordance with the previous section.
- If a complaint as set forth in section 1 has not been satisfactorily resolved, then this should be brought to the attention of AcademyTrips.com B.V. in writing and motivated no later than within one month after the end of the trip, or if the trip did not take place, after the original date of departure.
- If the Traveler does not submit the complaint timely, then AcademyTrips.com B.V. is authorized not to process the complaint.
ARTICLE 11 LIABILITY
- If a treaty is applicable to a service included in the agreements, AcademyTrips.com B.V. may claim an exclusion or limitation of liability that that treaty grants to or permits a service provider as such.
- Save for intent, deliberate negligence and damage(s) caused by death or injury of the Traveler for which AcademyTrips.com B.V. is liable, the liability of AcademyTrips.com B.V., notwithstanding the stipulations in the other parts of this Article, is limited to three times the travel price.
- AcademyTrips.com B.V. bears no liability for damage(s) that the Travelers may have been refunded for on the basis of insurance such as a travel and/ or cancellation costs insurance.
- If AcademyTrips.com B.V. is liable is for missing of travel pleasure, at the most one time the travel price is eligible for compensation.
- The stipulations in this Article apply also for the benefit of employees of AcademyTrips.com B.V., involved service providers, as well as their personnel, unless the law, a treaty or regulations excludes so.
ARTICLE 12 FINAL CLAUSES
- On each agreement is solely the laws of the Netherlands shall apply.
- Unless a mandatory clause of law deviates hereof, solely the competent court for the city of Breda, the Netherlands is competent to deal with disputes.
- The Dutch language version of the present General Terms and Conditions is always decisive for the interpretation thereof.