General terms and conditions
Applicability
These general terms and conditions govern the legal relationship between ZOYO Travel and the organizer (client). The present general terms will be exclusively applicable if the client is a natural person or a legal entity, acting in the course of their business or profession. The terms will be applicable for the duration of the contract/confirmation signed between ZOYO Travel and the client, and after that period as long as no new contract has been signed;
- Any agreement, supplementary or divergent to these general terms should be added, countersigned by the client and ZOYO Travel;
- The general terms and conditions of ZOYO Travel are deposited at the Dutch chamber of Commerce (official registration number: 76870278 (KvK)).
Article 1. Definitions
1.1. ZOYO Travel: is a full service destination management company rendering services to third parties (hereinafter called “the client”) within the framework of their business activities in the widest sense of the word, either directly or through the mediation of third parties.
1.2. The client: is the organizer or person, who instructs ZOYO Travel to provide local services for travel arrangements, such as private tours, hotel reservations, local transportation, excursions, catering services, congress-meeting services etc;
1.3. The traveler/passenger: the natural person(s) or legal entity on whose behalf the agreement between the client and ZOYO Travel is entered into;
1.4. The service supplier: the party providing accommodation, transportation, or other local services, contracted by ZOYO Travel to comply with the instructions of the client. The service supplier is responsible for providing the services under the terms of their own liability and terms and conditions.
Article 2. The instructions
2.1. The service provided by ZOYO Travel could contain price negotiations with local suppliers, obtaining information and advice on forthcoming events, as well as quoting on requested services to the client and delivering these services and local arrangements.
2.2. The client is bound by the instructions regarding ZOYO Travel and the service supplier, irrespective of whether the latter issue a confirmation;
2.3. If ZOYO Travel issues the clients with a confirmation, this will be deemed to serve as evidence of the contents of the agreement(s), without prejudice to the provisions of sentence 3.2 below;
2.4. The client is fully liable to ZOYO Travel for the obligations which arise from the service.
Article 3. Information
3.1. The client must provide ZOYO Travel with information on the client itself and/or on the passengers which is necessary for the formation of the agreement and its execution.
3.2. The fees for the services to be provided under the present general terms, may be amended by, announced at latest in the confirmation of the reservation sent by ZOYO Travel;
3.3. The client must ensure that he and/or the travelers have the necessary documents, such as a valid passport and any approved VISA, inoculation certificates and vaccinations which may be required;
3.4. The client is obligated to give ZOYO Travel personal data of the passengers if required by ZOYO Travel (full names, date of birth and nationality);
3.5. The client and/or traveler himself must obtain the necessary extra information he/they requires from the relevant authorities and will check whether the information previously obtained is still correct, in good time before departure;
3.6. The client and/or traveler must abide by the instructions issued by or on behalf of the service supplier, and in particular the check-in times and/or transit times.
Article 4. Amendments and cancellations
4.1. Programs and travel itineraries can only be amended or cancelled at the request of the client and only during the regular opening hours of ZOYO Travel.
4.2. If reservations are amended or cancelled, ZOYO Travel will charge all costs as specified in the contract or based at sentence 4.6 below (general cancellation rules apply);
4.3. If the client cancels or amends the service directly with a supplier contracted via ZOYO Travel, the specifications of the contract remain intact;
4.4. Communication regarding amendments and cancellations should be made in writing by e-mail, sent by an authorized person. If ZOYO Travel does not confirm an amendment or cancellation within 36 hours, the client will consider his information as not having been received by ZOYO Travel;
4.5. All amendments and cancellation will be reconfirmed by ZOYO Travel without exceptions. In case no confirmation of an amendment or cancellation can be provided by the client, the client will remain responsible for any financial and operational problems;
4.6. The official deadline for cancellation is three month before arrival, however depending on the size, type, nature of the group and period of reservation, other rules may apply which will be clearly stipulated in the group confirmation contract for each group;
4.7. ZOYO Travel offers the client an official cancellation period for each contract, as follows:
a. Cancellations until 30 days before arrival = 30 %* (cancellation costs)
b. Cancellations between 30 – 15 days before arrival = 50 %* (cancellation costs)
c. Cancellations 14 days or less before arrival = 100 % (cancellations costs)
*If you have chosen a hotel reservation without flexible cancellation policies we can’t refund this part of your program/booking value.
Article 5. Site inspections
5.1. On request by the client, arrangements for site inspections will be made by ZOYO Travel against the best available rates and charged on a net basis to the client.
5.2. Subject to availability, a staff member of ZOYO Travel will accompany the site inspection for 1 full day at no charge. Additional days will be charged per hour;
5.3. Cost for transportation or local guide services will be charged based on reduced net prices;
5.4. In case a project is cancelled after the first sight inspection all expenses (including staff hours) will be charged to the client.
Article 6. Liability
6.1. ZOYO Travel is always focusing on the best quality for all her offered services.
6.2. ZOYO Travel acts only in the capacity of intermediary between the client and his passengers and the service supplier and ZOYO Travel will do all possible to safeguard the interests of the client and the passengers which is reasonable under the given circumstances;
6.3. ZOYO Travel accepts no liability for acts and / or omissions committed by the service supplier in providing the service, or for the accuracy of the information provided by the service supplier;
6.4. ZOYO Travel is not liable for any defaults and delays caused by the service supplier for any reason whatsoever and any damage arising there from. This will include but not be restricted to delays by technical breakdowns of the vehicle, weather conditions, traffic congestions, strikes and or blockades, the failure to catch connecting transportation, overbooking, amendments to or the cancellation of travel arrangements of the service supplier;
6.5. However ZOYO Travel will take actions to deal promptly and courteously with any problem or complaint from the passenger regarding the provided services. Thus maintain the good names of both the client and ZOYO Travel. ZOYO Travel will need to be informed by the agent within 14 days after the departure of the passenger, about any complaints in order to take the necessary steps to investigate the complaint;
6.6. If ZOYO Travel is guilty of any default or shortcoming which justifies rescission of the agreement under section 6:265 of the Netherlands Civil code, its liability for the damage suffered by the client and/or passenger is restricted to the maximum of the travel sum quoted on the invoice. If the agreement is rescinded on those grounds, ZOYO Travel is furthermore required to restitute any deposits received;
6.7. The exclusions and restrictions described above will also be applicable to the staff of ZOYO Travel.
Article 7. Applicable law
7.1. Any disputes which arise between ZOYO Travel and the client and/or the passenger will be subject to the law of the Netherlands.
7.2. Unless ZOYO Travel decides otherwise or the law stipulates that a different court has jurisdiction, the judge presiding over the court in the place where ZOYO Travel is located will be authorized to adjudicate on any disputes.
Article 8. Force Majeure
8.1. Force majeure refers to circumstances which obstruct execution of the contract and which are not attributable to ZOYO Travel. Examples of Force Majeure (among others): strikes in companies other than ZOYO Travel, traffic hindrances, extreme weather conditions, public healthcare issues, (general) transport problems and technical difficulties of any nature;
8.2. ZOYO Travel reserves the right to refer to force majeure if the circumstance which prevents execution of the contract occurs after (or during) ZOYO Travel should have executed the contract;
8.3. In cases of force majeure, ZOYO Travel is entitled to defer execution of the contract. Should the period of force majeure last longer than 60 days, both parties are entitled to rescind the contract without liability for damages;
8.4. Should the force majeure occur after ZOYO Travel has executed the contract (or a part of this contract/program), ZOYO Travel is entitled to invoice the client for that part and the client must settle this invoice in compliance with article 10.
Article 9. Payment
9.1. Unless otherwise agreed, ZOYO Travel requires a full pre-payment for all bookings and reservations.
9.2. Payment policy:
a. A deposit of (at least) 30% must be paid upon confirmation;
b. The remaining amount needs to be paid 30 days before arrival (at our account);
c. Reservations <30 days before arrival must be fully paid upon confirmation.
9.3. ZOYO Travel remains the right to cancel services in case deadlines for the first (pre-) payment is not honored;
9.4. Unless otherwise agreed, payments are only acceptable by bank transfer (bank details sent. 10.1);
9.5. Bank charges of € 50,00 per refund will be charged;
9.6. In the event of overdue payment, the client will be in immediate default and required to pay statutory interest over the outstanding sum. The client is furthermore required to reimburse extra-judicial costs, including the costs incurred for fixing the damage and liability and the costs for ensuring extra-judicial payments, fixed at 15% of the principal sum, with a minimum of € 75,00.
9.7. ZOYO Travel keeps the right to cancel programs if the client doesn’t follow the payment deadlines based on the agreed confirmation.
9.8. Bank details ZOYO Travel:
• Bank name: Rabobank
• Bank address: Eendrachtstraat 113, 7336 AC, Apeldoorn (The Netherlands)
• Account number: see below (IBAN)
• IBAN bank account: NL03 RABO 0304297925
• BIC code: RABONL2U
Article 10. Miscellaneous
10.1. All mentioned prices are offered by contract, price list or special offer;
10.2. Unless otherwise agreed the client is prohibited to use ZOYO Travel offers for commercial- and marketing related purposes. If this is necessary client can ask for an written approval from the ZOYO Travel staff;
10.3. Unless otherwise agreed all offered prices are based on ‘best available rates’ till client gets a written confirmation by contract or e-mail. If there is no written confirmation from ZOYO Travel client has no right to claim (previous) offered prices.
10.4. All supplied programs, rates and additional information are confidential, and tailor-made based on the request of the client;
10.5. Clients travelling from restricted sanction countries (based on the list of EU sanctions, OFAC, BIS and DoS) will be screened before arriving. In the unlikely event the screening turns out positive ZOYO Travel has the right to refuse services for this specific client/organization.
10.6. ZOYO Travel doesn’t provide a travel insurance. Clients need to provide their own travel insurance.