Terms & Conditions The Blue Door Travel
These Terms and Conditions are applicable to all agreements between The Blue Door Travel (K.v.K. 75131501), henceforth referred as The Blue Door, and the Traveller, unless the parties have explicitly deviated from this in writing.
Article 1. Preliminary provisions
1.1. The following terms are defined as follows in these Terms and Conditions:
Traveller: a. the client (booking party), or b. a party other than the client on whose behalf the client enters into a contract and who accepts this contract, or c. a party to whom the legal relationship with The Blue Door has been transferred in accordance with Article 8 of these terms and conditions.
(Travel) services: travel services, in the broadest sense of the word.
Travel agreement / Travel contract: the contract between the traveller and The Blue Door, under which The Blue Door makes a commitment to the traveller to provide services in the area of travel. This may include the following services: a. transport in the destination country; b. stay (one or more nights); c. another tourist service not related to transport or residence.
Service provider: the transport, accommodation provider, and/or other service providers in the area of travel, with which the traveller enters into a contract and which, with due observance of the applicable terms and conditions, is responsible for the performance of the service.
Working Days: Mondays through Fridays, with the exception of public holidays recognized in the Netherlands.
Office hours: Mondays through Fridays from 9 AM to 5:30 PM, with the exception of public holidays recognized in the Netherlands.
1.2. These terms and conditions are applicable to all travel agreements.
1.3. The amounts stated in these terms and conditions are, were applicable, including VAT.
Article 2. Formation, duration and content of the agreement
2.1. Offer and acceptance
2.1.a. The agreement is established as a result of acceptance by the traveller of the offer of The Blue Door. After the agreement has been concluded, the traveller will receive confirmation of this, and/or an invoice, as soon as possible.
2.1.b. In the case of a booking, The Blue Door will arrange the booking process in such a way that the traveller is informed before acceptance that that he/she is entering into a contract. The traveller is bound by this contract from the moment the booking is confirmed by The Blue Door.
2.2. The contract is entered into on the basis of the travel program agreed with the Traveller for a definite period, unless the parties have explicitly agreed otherwise in writing.
2.3.a. Withdrawal of the offer
The offer of The Blue Door is free of obligation, and can, if necessary, be withdrawn by The Blue Door, including after acceptance of the offer by the traveller. Withdrawal due to correction of errors in the calculation of the travel sum or other errors is permitted. The withdrawal must be made as quickly as possible, but no later than within 24 hours after acceptance, stating the reasons. In such case, the traveller is entitled to an immediate reimbursement of any amounts paid.
2.3.b. Withdrawal of the request
The offer of The Blue Door is without obligation until the Traveller confirms a definitive booking. If the Traveller later decides to withdraw his/her request, The Blue Door is entitled to charge actual costs (€ 100) or to deduct them from a down payment as compensation for the required efforts (time, communication, administration and advice).
2.4. Manifest errors
Manifest errors and/or mistakes are not binding The Blue Door. Such errors and mistakes are errors and mistakes which are or should be recognisable as such at first sight from the point of view of the average traveller.
2.5. Traveller ‘s obligation to provide information
2.5.a. The traveller must provide The Blue Door before concluding the agreement all information about him/herself and all the travellers he/she has made the booking for, that could be of importance in the implementing or good execution of the travel agreement. This must in any event include his/her name(s), mobile telephone number(s) and email address(es), a.o.
2.5.b. The traveller must also indicate any details, regarding the capacity or composition of the party for which he/she has made a booking , which could be important for the good execution of the travel agreement by The Blue Door. If the traveller does not comply with his/her obligations to provide information, The Blue Door cannot be held liable for any consequences.
2.6. The booking party
2.6.a. When making the booking, the booking party confirms that he/she is so authorized and that all party members agree to be bound by the contract.
2.6.b. All notifications from The Blue Door will only be made to the booking party. The booking party is responsible for making all payments due to The Blue Door and for passing on to all party members all information and documents provided The Blue Door.
2.6.c. The (other) traveller(s) is (are) liable for his/her (their) own part.
2.7. Information from third parties
The Blue Door accepts no responsibility for photos, folders, advertisements, websites and other information carriers, inasmuch as these have been drawn up or published under the responsibility of third parties.
Article 3. Payment
3.1. When you make a reservation, and unless otherwise agreed, a deposit of 25% of the total agreed travel sum must be paid immediately.
3.2. Within the travel agreement, bookings of certain accommodations, excursions, bus or train tickets, may require full payment at time of booking. The Blue Door will notify the traveller about this in advance.
3.3. The remaining amount owed must be paid not later than 8 weeks before the arrival date to the first booked accommodation.
3.4. If the reservation is made within 12 weeks of the arrival date to the first booked accommodation, the full travel sum must be paid immediately.
3.5. In the event of non-payment the traveller will be immediately in default. The Blue Door reserves the right to cancel the reservation and a cancellation fee will be applicable. In that case, the provisions of Article 9 will be applicable and the cancellation fee will be deducted from the amounts already paid.
In addition, the Traveller will be obliged to pay all the reasonable and necessary judicial and extrajudicial (collection) costs incurred by The Blue Door as a result of the Traveller’s non-compliance with the payment obligation(s).
Article 4. Travel sum
4.1. The offered travel sum is in Euro. The travel sum is applicable per person, unless otherwise indicated. It includes the services and facilities as stated, whether or not specified in various cost elements, including the unavoidable additional costs known at the time of publication that the traveller must pay for the services offered. Unavoidable additional costs are costs that are inextricably linked to the service offered. This does not include the costs of additional services provided by The Blue Door at the request of the traveller, as well as booking fees that may vary depending on the size of the group. The basic booking fee is Euro 35 per booking.
4.2. The travel sum is based on prices and taxes, as these were known by The Blue Door at the time of the offer to the Traveller.
4.3. Up to 20 days before the arrival date to the first booked accommodation, The Blue Door can increase the travel sum in the context of unforeseeable increases to the transport costs, the taxes and accommodation costs. When applying this provision, The Blue Door will indicate how the increase has been calculated.
4.4. The traveller has the right to reject the increase in the travel sum as referred to in the previous paragraph. He/she must notify The Blue Door within 72 hours (3 working days) of receiving the notification of the increase.
4.5. Following a rejection the travel sum increase as referred to in paragraphs 4.4., The Blue Door can terminate the travel agreement. The Blue Door must make use of this right within 7 working days after receipt of the rejection by the traveller. In that case, the traveller is entitled to an immediate reimbursement of the travel sum already paid. Articles 10, 11 and 12 are not applicable.
Article 5. Information and documents
5.1. The traveller him/herself is responsible for having the necessary documents with him/her, such as a valid passport or an identity card, driving license and vehicle documents.
5.2. The traveller him/herself is responsible is responsible for obtaining information about possible health formalities.
5.3. If the traveller is unable to undertake all or part of the travel services as a result of not being in possession of any document, or such a document not being valid, any and all consequences of this will be at the traveller’s expense.
Article 6. Travel documents
6.1. The Blue Door will send digitally the required travel documents about 2 weeks before the arrival date to the first booked accommodation. This includes additional information about the trip and potential reservation vouchers.
6.2. If the traveller has not received any travel documents, no later than 10 working days before the arrival date to the first booked accommodation he/she must notify The Blue Door to this effect.
6.3. If a reservation is made within 20 days of the arrival date to the first booked accommodation, The Blue Door will indicate when and how the required travel documents (including any reservation vouchers) will be made available to the Traveller.
Article 7. Changes instigated by the traveller
7.1. After the contract has been concluded, the traveller can request a change. Where a change can be made, The Blue Door will charge the traveller for any additional costs incurred. Moreover, the traveller is obliged to pay a change fee of € 50 per booking. The requested changes will be made as far as possible up to 28 days before the arrival date to the first booked accommodation and shall not be deemed accepted until The Blue Door confirmed in writing to the traveller.
7.2. Rejection will be motivated and the traveller will be notified without delay. The traveller can then maintain the original agreement or cancel it. In the latter case, Article 9 will be applicable. In the absence of a response from the traveller to the rejection of his/her request, the original agreement will be executed.
7.3. Changing the arrival date to the first booked accommodation or reducing the number of passengers is considered a (partial) cancellation.. In this case, Article 9 will be applicable
Article 8. Substitution
8.1. If any member of your party is prevented from travelling, that person(s) may transfer their place to someone else, subject to the following conditions: • the other person complies with all the conditions to which the contract is subject; and • the request is submitted no later than 15 calendar days before the arrival date to the first booked accommodation, or in good time, such that the necessary actions and formalities can still be carried out; and • the terms and conditions of the service providers involved in the fulfilment do not preclude such substitution.
In the event that the request cannot be granted, The Blue Door will notify the traveller to this effect, giving reasons.
8.2. The booking party, the traveller and the person substituting for the traveller are jointly and severally liable vis-à-vis The Blue Door for payment of the travel sum still owed, the amendment fee and any additional costs resulting from the substitution.
Article 9. Termination by the Traveller
9.1. Cancellation of the agreement by the Traveller must at all times be requested to The Blue Door by e-mail (firstname.lastname@example.org).
9.2. Cancellation costs
If the traveller terminates the travel agreement, the traveller must pay the following cancellation costs in addition to any reservation costs due:
- if canceled up to 56 days (exclusive) before the arrival date to the first booked accommodation: payment of 25% of the travel sum
- cancellation from 56 (inclusive) to 28 days (exclusive) before the arrival date to the first booked accommodation: 50% of the travel sum
- cancellation from 28 (inclusive) to 14 days (exclusive) before the arrival date to the first booked accommodation: 75% of the travel sum.
- cancellation from 14 days (inclusive) before the arrival date to the first booked accommodation: the full travel sum.
- if canceled on the arrival date to the first accommodation or later: the full travel sum.
9.3. Different cancellation costs
Within a travel agreement, bookings of certain accommodations, excursions, domestic train tickets and similar services may deviate from the provisions of article 3 paragraph 1 and article 9 paragraph 2. The deviating provisions must be clearly communicated to the traveller in advance.
9.4. Partial cancellation
9.4.a. If a traveller from a travel group terminates the travel agreement he/she will be required to pay cancellation cost.
9.4.b. A suitable change proposal will be made for the remaining traveller(s). The standard payment rules of article 3 will be applicable to the payment of the changed travel sum.
9.4.c. If the change offer is not possible or is not accepted, all agreements will be cancelled and all travellers will be required to pay cancellation cost.
9.4.d. The total amount of cancellation cost and changes cost(s) will never exceed the total of the travel sums of the original travellers. Any surplus is deducted from the new travel sums.
9.5. After office hours
Cancellations outside office hours are deemed to have been made on the next working day.
In case no cancellation occurs, but the traveller opts for substitution, Article 8 is applicable.
Article 10. Termination by The Blue Door
10.1. The Blue Door has the right to terminate the travel agreement as a result of serious circumstances of force majeure. Such a termination by The Blue Door will be immediately notified to the Traveller by e-mail.
10.2. Weighing circumstances and/or force majeure are abnormal and unforeseeable circumstances that are beyond the reasonable control of The Blue Door. These circumstances are of such nature that prevent The Blue Door for performing the travel agreement. Here are included, among others, situations of political unrest, war, natural disasters, general strikes, etc
10.3.a. If the cause of the cancellation can be attributed to the Traveller, the loss arising from this will be borne by the traveller.
10.3.b. If the cause of the cancellation can be attributed to The Blue Door the loss of the traveller arising from this will be borne by The Blue Door. Whether this is the case will be determined on the basis of Article 12.
10.3.c. If the cause of the cancellation cannot be attributed to either the traveller or The Blue Door, each of the parties will bear their own losses as further detailed in Article 13.
10.4. If The Blue Door saves money as a result of the cancellation, the Traveller is entitled to the amount his share of that saving.
Article 11. Changes instigated by The Blue Door
11.1.a. The Blue Door has the right to change the travel agreement as a result of serious circumstances, as described in article 10 paragraph 2. The Blue Door will notify the traveller about the changes within 72 hours (3 working days) after The Blue Door has been informed of the change. From 10 days before the arrival date to the first booked accommodation, The Blue Door communicates any change within 24 hours (1 working day).
11.1.b. If the change concerns one or more essential points, the traveller can reject the change(s).
11.1.c. If the change concerns one or more non-essential points, the traveller can only reject the change if the change does cause a disadvantage to the traveller which is of more than slight significance.
11.1.d. If The Blue Door saves money as a result of the change, the Traveller is entitled to the amount his share of that saving.
11.2.a. In the event of a change to the agreement The Blue Door, when possible, will immediately make an alternative offer to the traveller. The alternative offer will be made within 72 hours (3 working days). From 10 days before the arrival date to the first booked accommodation, a 24-hours (1 working day) period is applicable.
11.2.b. The alternative offer must be equivalent. The equivalence of alternative accommodation must be evaluated on the basis of objective standards and must be determined according to the following criteria: the location of the accommodation at the place of destination; the nature and class of the accommodation; the facilities that the accommodation offers. The assessment must take into account: the composition of the travel party and the special properties or circumstances of the traveller(s) concerned that have been reported in writing to The Blue Door by the traveller(s) and declared to be of essential importance.
11.3.a. The Traveller who makes use of his right to reject the change or the alternative offer, as referred in the previous paragraphs, must notify The Blue Door within 72 hours (3 working days) of receiving the message about the change or the alternative offer. From 10 days before the arrival date to the first booked accommodation, a 24-hours (1 working day) period is applicable.
11.3.b. Following a rejection as referred to in paragraphs 3.a. The Blue Door can terminate the travel agreement. The Blue Door must make use of this right within 72 hours (3 working days) after receipt of the rejection by the traveller. From 10 days before the arrival date to the first booked accommodation, a 24-hours (1 working day) period is applicable. The traveller will be entitled to reimbursement of the travel sum, or a proportionate part of it if usage of the travel agreement has already partly taken place, within 2 weeks, without prejudice to his possible right to compensation as referred to in paragraph 4.
11.4.a. If the cause of the change can be attributed to The Blue Door, the loss of the traveller arising from this will be borne by The Blue Door. Whether this is the case will be determined on the basis of Article 12.
11.4.b. If the cause of the change can be attributed to the traveller, the loss arising from this will be borne by the traveller.
11.4.c. If the cause of the change cannot be attributed to either the traveller or The Blue Door, each of the parties will bear their own losses as further detailed in Article 13.
11.5. If after the commencement of the agreed travel a significant part of the services, to which the agreement relates, cannot be provided, The Blue Door will ensure that suitable, alternative arrangements are made to secure the continuation of the trip. See Article 13 for the costs thereof.
Article 12. Liability and force majeure
12.1. Without prejudice to the provisions of articles 10 and 11, The Blue Door is obliged to perform the in accordance with the expectations which the traveller could reasonably have on the grounds of the contract.
12.2. In the event that the travel does not proceed in accordance with the expectations referred to in paragraph 1, the Traveller must notify The Blue Door as quickly as possible as referred to in article 15 paragraph 1.
12.3. In the event that the travel does not proceed in accordance with the expectations referred to in paragraph 1, the The Blue Door is, without prejudice to the provisions of articles 13 and 12 paragraph 8, obliged to compensate the traveller for any damage unless the failure in the performance of an obligation can not be attributed to the Blue Door nor to the persons whose assistance is used in the performance of the contract because:
12.3.a. the failure in the performance of an obligation can be attributed to the traveller; or
12.3.b. the failure in the performance of an obligation could not have been foreseen or could not be remedied and is attributable to a third party who is not involved in the delivery of the services included in the travel agreement; or
12.3.c. the failure in the performance of an obligation is resulting from an event that The Blue Door, or the person whose assistance it used in the implementation of the agreement, could not have foreseen not avoided despite all precautions; or
12.3.d. the failure in the performance of an obligation is resulting from force majeure as referred to in paragraph 4 of this article.
12.4. Force majeure means abnormal and unforeseeable circumstances that are is beyond the reasonable control of The Blue Door and the consequences of which could not be avoided despite all precautions.
12.5. The Blue Door accepts no liability for loss, theft or damage of luggage and travel documents of the Traveller
12.6. The liability of The Blue Door for loss suffered by the traveller, which is caused by late, incomplete or improper performance of the agreed travel service(s), is limited to one time the travel sum unless in the event of intent or deliberate negligence on the part of The Blue Door.
12.7. The Blue Door accepts no liability for actions and/or omissions of the service provider(s) involved, or for the correctness of the information provided by this/these service provider(s). The Blue Door accepts no responsibility for photos, folders, advertisements, websites and other information carriers, inasmuch as these have been drawn up or published under the responsibility of third parties.
12.8. The Blue Door is also not liable if and inasmuch as the traveller has been able to recover his/her loss under an insurance policy entered into by the traveller, such as a travel insurance and/or cancellation insurance policy.
Article 13. Help and assistance
13.1.a. Depending on the circumstances, The Blue Door provides the traveller with help and assistance if the travel does not proceed in accordance with the expectations which the traveller could reasonably have on the grounds of the contract. The costs arising from this shall be borne by The Blue Door if the failure in the performance of the contract is attributable to The Blue Door in accordance with Article 12 paragraph 3.
13.1.b. In the event that the cause is attributable to the traveller, The Blue Door is only required to provide help and assistance inasmuch as this can reasonably be expected of it. In such cases, the costs will be borne by the traveller.
13.2. In the event that the travel does not proceed in accordance with the expectations which the traveller could reasonably have had as a result of circumstances which are attributable neither to the traveller nor The Blue Door, each of these will bear their own losses.
Article 14. Interest and collection costs
A traveller who does not pay in good time will owe 2% interest on the remaining amount owed to The Blue Door. Furthermore, the traveller will also be required to pay the extrajudicial collection costs. These amounts will be 20% of travel sums, with a minimum of €100 , unless this amount, taking into account the collection activities and the amount due, is unfair.
Article 15. Complaints
15.1.a. Complaints about the performance of the agreement, as referred to in Article 12 paragraph 2, must be notified as quickly as possible on site, so that a solution can be sought. In this context, the traveller must report, in the following sequence, to the appropriate service provider or, if he/she is not present or available, to The Blue Door.
In the event that the failure is not resolved, and negatively affects the quality of the travel package, this must in any event be notified immediately – in other words, without any attributable delay – to The Blue Door.
15.1.b. If a failure is not resolved satisfactorily on site, The Blue Door will ensure that there is a possibility to record it in the form of a complaint (complaint report).
15.1.c. In the event that the traveller has not complied with the obligation to register a complaint in the manner indicated, and as a result the service provider or The Blue Door have not been given the opportunity to remedy the failure, any entitlement to compensation for loss may be limited or excluded.
15.2.a. If a complaint has not been resolved satisfactorily, it must be submitted in the prescribed manner, within one month of the end of the travel or the service used. The traveller must enclose a copy of the complaint report with this.
15.2.b. In event that the traveller does not submit the complaint in good time, it will not be processed, unless the traveller cannot reasonably be blamed for this. The Blue Door will inform the traveller about this in writing or electronically.
15.2.c. The Blue Door will issue a substantive response no later than one month after receipt of the complaint.
Article 16. Disputes
16.1. Netherlands law is applicable to the contracts entered into, amended or supplemented on the basis of these travel terms and conditions, unless another country’s law is applicable under mandatory rules.
16.2. If the complaint is not resolved satisfactorily in good time or if no satisfactory resolution is provided, the traveller can bring the dispute before the competent court. Only Netherlands courts are competent to hear such disputes, to the exclusion of courts in all other countries, unless another country’s courts are competent under mandatory rules.
16.3. All rights of claim will lapse one year after the end of the travel (or, if the travel did not take place, one year after the original starting date).
Jan & Conny | April 2019
“Wij hebben een fantastische vakantie gehad in Asturië. Van surfen in de zee, via wandelen in de bergen (en sneeuw!), naar bezichtigen van leuke plaatsen.”
Jan & Conny | April 2019
“Wij hebben een fantastische vakantie gehad in Asturië. Van surfen in de zee, via wandelen in de bergen (en sneeuw!), naar bezichtigen van leuke plaatsen.”
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