The General Carriage and Travel Terms and Conditions of Partyreizen B.V. are applicable to any and all agreements of Partyreizen B.V.
Article 1: Definitions
1.1 Carriage agreement: the agreement for carriage by bus of one or more persons and whether or not with their baggage, not being a travel agreement as defined below in article 1.4 and barring public transport services.
1.2 Carrier: the party that pursuant to the carriage agreement as defined in article 1.1 commits to the carriage and that stipulates the applicability of the present general terms and conditions with regard to the conclusion and implementation of the carriage agreement.
1.3 Client: the other party of the carrier in respect of a carriage agreement.
1.4 Travel agreement: the agreement in pursuance of which a tour operator commits vis-à-vis its other party to provide a bus trip offered by the same organised in advance that may include an overnight stay or may comprise a period of more than 24 hours as well as at least two of the following services:
c) a different tourist service not related to carriage or accommodation that forms a significant part of the trip.
1.5 Tour operator: the party that, in the course of its business, offers previously organised bus trips to the public or a group of persons in its own name and that stipulates the applicability of the present general terms and conditions with regard to the conclusion and implementation of the travel agreement.
1.6 Traveller: a person to be carried by bus by the carrier respectively within the framework of a travel agreement:
a) the other party of the tour operator;
b) the party on whose behalf the trip was stipulated or who accepted the said stipulation; or
c) the party to whom the legal relationship with the tour operator was transferred in a legally valid manner.
Article 2: Conclusion of agreement
2.1 Each and every offer of the carrier respectively the tour operator is revocable, even it if includes a time limit for acceptance. Each and every offer to conclude a carriage respectively a travel agreement of the carrier respectively the tour operator is subject to contract and can therefore be revoked by the same. Revocation cannot take place after the client respectively the traveller has accepted the offer.
2.2 The party that concludes an agreement on behalf of or for the benefit of another party is jointly and severally liable for any and all obligations that derive from the agreement. The other traveller(s) is (are) liable for his / her (their) own share.
Article 3: Prices and Payment
3.1 Partyreizen.nl sells e-tickets for both organised bus trips and shuttle services. As well as tickets on behalf of an event organiser who determines the price and the number of available seats. Information about the price and availability is provided free of obligation and under reserve.
3.2 The Customer pays the price indicated in the Agreement for the products or services ordered via the website. Payment takes place via the method indicated on the website of Partyreizen.nl. Additional (payment / order) conditions may be imposed on the order. If the Customer purchases Tickets at the start of the Event then payment needs to take place directly in the manner indicated there by Partyreizen.nl for sales.
3.3 Any and all prices of Partyreizen.nl as indicated on the website are in euros inclusive of VAT, unless expressly indicated otherwise. The indicated prices can be changed without prior notice. The price that is indicated during the order process is binding.
3.4 If the Customer does not pay the payable amounts in a timely fashion then the Customer shall be liable to pay the statutory interest on the outstanding amount. If the Customer still fails to pay the claim after a demand or notice of default then Partyreizen.nl may outsource the claim in which instance the Customer is, in addition to the then payable total amount, also held to pay any and all judicial and extrajudicial costs, including costs charged by external experts, in addition to the costs established in court.
3.5 If the Customer does not pay the payable amount in a timely fashion then Partyreizen.nl may proceed with cancellation of the reservation and sell the Tickets to a third party.
3.6 The Customer pays the price determined by the Event Organiser as indicated in the Ticket Shop for the Ticket. Transaction and Service Costs are charged for the use of the Ticket Shop that are charged in addition to the price established for a Ticket by the Event Organiser.
3.7 Partyreizen.nl does not accept any liability whatsoever with regard to mistakes in the orders of Tickets, e.g. with regard to the number of Tickets and/or the type of Event. It is not possible to cancel or exchange Tickets with Partyreizen.nl. In addition Partyreizen.nl does not provide for repayment of Tickets. With regard to these matters Partyreizen.nl refers to the Event Organiser as the responsible party and the seller of the Ticket.
3.8 If the Event Organiser decides to repay the amount that was paid for a Ticket then this shall never include the Transaction and Service Costs.
Article 4: Delivery periods
4.1 Tickets are sent to the (email) address that the Customer specified with the order. Partyreizen.nl shall consider the (email) address specified by the Customer to be correct until the Customer communicates a new (email) address to Partyreizen.nl.
4.2 The delivery periods indicated by Partyreizen.nl can never be qualified as fatal deadlines, unless expressly stipulated otherwise. In case of late delivery Partyreizen.nl must be given written notice of default.
4.3 An overstepping of a delivery period shall not entitle the Customer to compensation or to cancel the order or to dissolve the Agreement, unless Partyreizen.nl does, after a demand, not react or indicate that the Tickets may possibly not be delivered before the relevant Event and/or the overstepping of the delivery period is such that it can within reason not be expected of the Customer that he / she shall maintain the Agreement.
Article 5: Cancelled of rescheduled Events
5.1 Partyreizen.nl is not responsible for the organisation and the course of the Event and is not a party to the Event Agreement. It falls under the responsibility of the Customer to verify whether an Event has been cancelled or rescheduled and what the new location or time shall be. Even though Partyreizen.nl shall try to inform the Customer of the cancellation after Partyreizen.nl has received the required information from the Event Organiser, Partyreizen.nl cannot guarantee that the Customer shall be informed of the cancellation prior to the date of the Event. Partyreizen.nl shall not be responsible for potentially incurred costs.
5.2 Tickets of rescheduled Events basically remain valid for the alternative Event. For more information about this the Customer can contact the Event Organiser. If an Event is rescheduled to another location or date then the Event Organiser may impose conditions on the reimbursement of the ticket price.
5.3 Partyreizen.nl shall not be responsible for repayments. If an Event is cancelled or rescheduled then the Customer can return the Tickets for this Event in a manner indicated by the Event Organiser. The Event Organiser is responsible for repayment of the price of the Tickets. Service and administration costs are not repaid.
Article 6: Tickets
6.1 The Tickets distributed by Partyreizen.nl remain the property of the Event Organiser and/or Partyreizen and are supplied to the Customer on condition that without the prior written consent of the Event Organiser and/or Partyreizen.nl it is not permitted to sell the entrance ticket to third parties or to otherwise make the same available, either directly or indirectly, to third parties in a commercial manner or to offer or use the entrance ticket in commercial expressions – in any way whatsoever. In case of a breach of the aforementioned condition Partyreizen.nl and/or the Event Organiser shall be entitled to invalidate the relevant Ticket(s) and/or to impose a penalty on the Customer. Holders of invalid Tickets shall be denied access to the Carriage and/or the Event without being entitled to compensation.
6.2 After receipt the Customer must check the Tickets as mistakes cannot always be remedied. After purchase Tickets can no longer be exchanged or reimbursed, unless Partyreizen.nl made a mistake and the Customer informed Partyreizen.nl accordingly immediately after receipt.
If the Ticket of the Customer is damaged to such degree that it can no longer be checked on authenticity then the Customer can contact firstname.lastname@example.org.
6.3 Special wishes, e.g. the reservation of wheelchair seats, must be communicated clearly and in a timely fashion. Partyreizen.nl cannot guarantee that special wishes can be met. For more information about this the Customer can contact Partyreizen.nl via the manner indicated on the website.
Article 7: Liability
7.1 If the carrier is legally liable for damages due to death or bodily harm of the traveller as a result of an accident that occurred to the traveller in connection with or during the carriage then its liability for the said damages shall, barring – briefly put – in case of intent or recklessness of the carrier, in pursuance of section 1157 of Book 8 of the Dutch Civil Code be limited to the amount established in the order in council issued by or pursuant to the said statutory provision. If the carrier is legally liable for damages caused by full or partial loss of or damage to baggage then its liability shall, barring – briefly put – intent or recklessness of the carrier, be limited to the amount established by or pursuant to the previously mentioned order in council. The carrier shall not be liable in case of the loss of or damage to money, negotiable documents, gold, silver, jewels, jewellery, art objects or other goods of value.
7.2 The carrier shall not be liable vis-à-vis the client for any damages other than those intended in article 7.1, e.g. damages caused by delays in the carriage, barring if these damages are the result of an act or omissions of the same or of the driver occurring with the intention of causing damages or recklessly and with the knowledge that damages may occur.
7.3 If the carrier is legally liable vis-à-vis the traveller who is not also its client for damages caused by a delay in the carriage then its liability for the said damages shall, barring – briefly put – in case of intent or recklessness of the carrier, be limited to the amount established by or pursuant to the order in council as intended in article 7.1.
7.4 If it regards a trip to an event then the tour operator is not held to repay the total trip costs. The above exclusively applies if the trip can still take place, without the event. The traveller can personally decide whether the trip should continue. If the traveller decides to cancel the trip then the total trip costs minus € 125.00 shall be repaid.
7.5 The liability of the tour operator for other damages is limited to twice the total trip costs with the understanding that compensation for loss of the quiet enjoyment of the trip shall amount to at most once the total trip costs.
Article 8: Various obligations of the traveller
8.1 During the carriage respectively the trip the traveller is held to act in accordance with the reasonable instructions of the carrier respectively the tour operator. The traveller is not permitted to keep drugs, explosives, weapons, oxygen bottles or hazardous materials in his / her baggage or otherwise carry these on him / her. The traveller is held to refrain from the following in the bus:
a) causing damage to and / or pollution of the bus;
b) the consumption of alcoholic beverages, unless with express consent on the part of the carrier respectively the tour operator;
c) the use of narcotics;
d) the use of smoking products at places where this is not permitted;
e) hindering staff in the performance of their duties;
f) causing nuisance and inconvenience to fellow travellers.
8.2 The carrier respectively the tour operator is authorised to deny (have denied) further carriage to the traveller and to order (have ordered) him / her to leave the bus immediately if the traveller acts in breach of the obligations outlined above in article 8.1.
8.3 The traveller is moreover held to carry any and all documents required for the trip on him / her, e.g. passport and visa, to be present prior to departure in a timely manner and to also be present again prior to departure at stopovers. If the unavailability of the necessary documents and/or late presence or late return of the traveller may result in a significant delay then the carrier respectively the tour operator shall be authorised not to further perform the carriage respectively the trip with regard to the said traveller without the client or the traveller being entitled to any compensation or repayment of the trip fare or the total trip costs.
8.4 Without prejudice to the provisions set forth above in article 8.1 up to and including article 8.3 the traveller is held to compensate the carrier respectively the tour operator for the damages that the latter incurred and shall incur on account of the fact that the traveller acts in breach of one of the obligations set forth above.
Article 9: Complaints; competent court
9.1 If the client respectively the traveller intends to rely on a failure to comply with the agreement by the carrier respectively the tour operator then the client respectively the traveller must submit his / her complaint in writing or in any other appropriate form directly to the carrier / tour operator in order that the latter can try to find an appropriate solution.
9.2 If this complaint is not solved to the satisfaction of the client respectively the traveller during the implementation of the agreement then he / she can submit a written and substantiated complaint to the carrier respectively the tour operator within at the latest 10 days after the implementation of the agreement or, should the carriage respectively the trip not have taken place, within one month after the scheduled date of departure. If the complaint is not related to the implementation but to the conclusion of the agreement then the complaint must be submitted within 10 days after the relevant mode of action of the carrier / tour operator.
9.3 The carrier respectively the tour operator must handle a complaint within one month after submission of the same. If the carrier respectively the tour operator does not handle the complaint to the satisfaction of the client respectively the traveller then the latter can, up to at the latest 3 months after implementation of the agreement, submit a complaint to the competent authorities.
9.4 Each and every right of claim of the client respectively the traveller expires one year after the implementation of the agreement respectively one year after the scheduled date of departure or the date when the challenged mode of action of the carrier respectively the tour operator with regard to the conclusion of the agreement took place.
Article 10: Applicable law
10.1 Dutch law is applicable to any and all carriage or travel agreements.