Disabled Accessible Travel, a company legally constituted under the laws of the Netherlands, registered in the trade register of the Chamber of Commerce under number 68445911, located at Pettelaarseweg 25 in (5216 BG) ‘s-Hertogenbosch, the Netherlands (hereinafter: “DAT”), is in the business of providing intermediate services related to travel for international visitors with disabilities. DAT is not a tour operator and it does not offer package trips. DAT is not a travel agent and it does not provide travel agency services.
These terms and conditions apply to every offer of, agreement with, assignment granted to and/or legal act or service performed by DAT in relation to a counterparty (hereinafter: “counterparty”), including every follow-up assignment or altered or supplementary assignment. These terms and conditions also apply for the benefit of everyone who works or worked at DAT, any person engaged by DAT, including any of their heirs, and all persons for whose acts or omissions DAT is or may be liable.
2. Assignments and agreements
Each time that counterparty wishes to grant an assignment to, receive a service or product from or enter into an agreement with DAT, an agreement (hereinafter: “agreement”) is only established once DAT accepts it. All assignments will be deemed to have exclusively been given to and accepted by DAT, even if it is the explicit or tacit intention that the assignment will be performed by certain persons. In principle, an agreement is executed by way of a written contract signed by both parties.
The obligation of DAT to provide services to counterparty consists of a best efforts obligation that is based on the information provided by counterparty and the nature of the agreement. Counterparty is obliged to inform DAT of all facts and circumstances that may be relevant for the correct performance by DAT of the services as well as all data and information required by DAT.
Counterparty is under the obligation to declare anything that may impede the performance of the contract with DAT. Failure to do so may result in DAT, its agents, associates, affiliated companies or subcontractors refusing counterparty access to services contracted due to inter alia health and safety concerns and/or the well-being of other guests.
Data and statements mentioned in drawings, images, catalogues, websites, offers, advertising material and standard sheets, etc. are not binding on DAT, except if DAT expressly and unreservedly states otherwise. The applicability of Section 7:404 and Section 7:407 subsection 2 of the Dutch Civil Code is excluded in its entirety.
DAT will perform an agreement exclusively for the counterparty’s benefit. Third parties cannot derive any rights from the agreement and, more generally, the manner in which the agreement has or has not been executed. Counterparty is not allowed to transfer in any way rights under an agreement to third parties, unless with the express prior written consent of DAT. Each agreement includes the authority of DAT to engage third parties on behalf of counterparty and also to accept any limitations of liability of such third parties. DAT is not liable for the choice or any shortcomings of these third parties, except in the case of malice or gross negligence on the part of DAT. The applicability of Section 6:76 of the Dutch Civil Code is excluded in its entirety.
If any provision of an agreement or any other agreement conflicts with any of the provisions of these terms and conditions, the provisions of these terms and conditions prevail, unless the agreement or such other agreement specifically states otherwise.
All delivery periods and dates mentioned by or agreed with DAT are determined to the best of its knowledge on the basis of the information known to it at the time of entering into the agreement. Interim delivery Dates mentioned by DAT or agreed between the parties always serve as target dates, are not binding on DAT and are only indicative by nature. DAT will make reasonable efforts to observe the agreed latest delivery periods and dates as far as possible. DAT is not bound by any delivery period or date, whether latest or otherwise. DAT must notify counterparty that a delivery period or date, whether latest or otherwise, will be exceeded prior to the expiry thereof. Exceeding a delivery period or date, whether latest or otherwise, will not under any circumstances constitute a breach in the performance of the agreement.
These terms and conditions distinguish between package trips, concierge services and other travel services. A package trip is defined as such when incoming services have a total package price and where the package trip lasts for at least 72 hours. Concierge services are defined as those services where DAT locates and secures third party services for counterparty. Other travel services are defined as including but not limited to airport transfers, overnight stays, short excursions that include but are not limited to shore excursions.
Where DAT acts as a concierge for services to be provided by third parties, such as tour operators, DAT is not a party to the agreement. The third party’s terms and conditions might apply to that agreement. DAT will not be liable under any circumstance for damages or costs arising from such agreements.
4. Price and payment
Counterparty will pay DAT the amounts specified in the agreement. Counterparty will pay any invoice within thirty (30) days of receipt of the invoice. DAT will charge a late payment fee of 1,5% per month or the maximum amount permitted by law, for any payment not received within the above term. If any portion of the invoice is disputed, then counterparty shall pay the undisputed amounts as set forth above and the parties will in accordance with good faith and fair dealing reconcile the disputed amount within thirty (30) days of receipt of the invoice.
Unless expressly stated otherwise, all prices exclude turnover tax (VAT) and other existing or future government-imposed levies. Unless otherwise agreed, all prices are always expressed in Euros and counterparty must make all payments in Euros.
Non-EU bank charges are payable by the sender bank account holder.
Unless DAT states otherwise in writing, all cost estimates and approximations that it provides are indicative. Counterparty may never derive any rights or expectations from a cost estimate or approximation given by DAT.
If counterparty consists of several natural and/or legal persons, each of those persons will be jointly and severally liable to pay the amounts owed under the agreement.
The relevant documents and data from DAT’s accounting records or systems will constitute conclusive evidence of the amounts due by counterparty in relation to the agreement, notwithstanding counterparty’s right to provide evidence to the contrary.
DAT is entitled to adjust prevailing prices and rates.
Counterparty will never be entitled to suspend any payment or to set off any amounts owed, for any reason whatsoever.
If counterparty does not pay the due amounts, or does not do so on time, notwithstanding the preceding paragraphs, it will be in default by operation of law, without the need for any demand or notice of default, and will be liable to pay statutory commercial interest on the outstanding amount. If DAT hands over the outstanding amount for collection, counterparty will in addition to the total amount payable also be liable to pay all legal costs that are actually incurred, as well as extrajudicial costs at 15% of the total outstanding amount, without prejudice to DAT’s right to charge the actual costs.
DAT may retain goods, data and/or services, notwithstanding an existing obligation to deliver or transfer, until counterparty has paid all amounts owed to DAT.
5. Cancellation by counterparty
Should counterparty wish to cancel its booking after receipt of a confirmation reference number and performance of the payment, DAT will levy a cancellation fee. Concerning confirmed bookings of tours, transportation, mobility equipment rentals, accommodation, and/or travel packages (a combination of services) the following conditions are applicable:
- Cancellation 30 days or more before the first service date, we will refund 85% with a minimum of €75. The cancellation fee never exceeds the total confirmed booking costs.
- Cancellation between the 29th day and the 15th day before the first service date, we will refund 50% with a minimum of €100. The cancellation fee will never exceed the total confirmed booking costs.
- Cancellation between the 14th day and the 7th day before the first service date, we will refund 25% with a minimum of €100. The cancellation fee never exceeds the total confirmed booking costs.
- There will not be a refund with less than 7 days’ notice. No-shows will be treated as cancellations of less than 7 days and no refunds will be paid.
- The PayPal transaction fee is not refunded in case of cancellation.
In this context, the confirmed booking cost means the total price communicated in written by DAT. Boat tickets, train tickets, or entrance tickets are all non-refundable, and no changes are possible. For accommodations, the cancellation policy of the property is applicable. An additional 48 business hours’ notice in writing (CET) to DAT is mandatory.
If counterparty for whatever reason is unable to make use of a confirmed booking, counterparty is allowed to appoint a replacement who will use the services under the applicability of these terms and conditions. When appointed the replacement person is deemed to have agreed to the price of the trip, the travel providers (hotel, train/boat cruise companies and any other contracted entity), the change and the payment of any additional fees levied by travel providers. If replacement is not possible then paragraphs 1 through 3 of this article apply.
If an agreement that does not end through completion by its nature and content, it may be terminated in writing by either of the parties after proper consultation and stating reasons. If the parties have not agreed on any notice period, a reasonable notice period for termination must be observed. DAT will not be obliged under any circumstances to pay any compensation on account of termination.
The rights and obligations of the parties under these terms and conditions shall survive termination or expiration of the agreement.
6. Change policy
For any changes to confirmed tours, transportation, mobility equipment rentals, accommodation, and/or travel packages (a combination of services) the following conditions are applicable: