General Terms and Conditions Version: 19 April 2021 Article 1: Definitions
Organiser The Organiser, Dance Travel B.V. (Chamber of Commerce no. 34188015), is a limited liability company under Dutch law, established in (1014 AS) Amsterdam at Isolatorweg 36. It is the organiser of several (package) travels for events organised by a company within the group of ID&T Holding B.V. (see “Event Organiser”).
Dance Travel B.V. only acts as an intermediary when one or more separate (travel) contracts are made, without a package travel contract.
Purchaser Every person who wishes to enter into or has entered into a Contract with the Organiser and all persons on whose behalf they enter into a Contract:
The person for whom the travel has been stipulated (travelling companion);
The person to whom the legal relationship with the Organiser has been legally transferred in accordance with Article 20 (substitution).
Travel Contract: The Contract under which the tour operator undertakes towards the Purchaser to provide the travel services they offer.
If the travel covers more than 24 hours and the costs of the tourist service amount to at least 25% of the total price, it is also a “package travel contract” within the meaning of Section 7:500 of the Dutch Civil Code.
If an Event is organised by a legal entity affiliated to ID&T, then these General Terms and Conditions apply to that legal entity if they are available on the relevant Website. In that case, this legal person is the Organiser, contracting party and user of these Terms and Conditions in accordance with Section 6:231 sub b of the Dutch Civil Code. ID&T Holding B.V. itself will never be the contracting party and/or legal user of the Terms and Conditions and will therefore never be party to a legal procedure nor be liable towards a Visitor on account of these Terms and Conditions.
Event Every event, lasting one or more days, indoors and/or outdoors - including a festival and any accompanying camping facilities - that is organised by the Event Organiser.
Ticket An admission ticket that entitles the Purchaser to attend an Event. This may be a physical ticket or a digital ticket with a bar code.
Service Provider The transporter, accommodation provider, Event Organiser, who is involved in the execution of the (package) travel, with due observance of the applicable Terms and Conditions.
Website Every website on which the Purchaser can find information about the (package) travel and on which or through which the Purchaser can conclude a (package) travel contract, as offered by the Event Organiser.
Force Majeure Unavoidable and extraordinary circumstances which have occurred beyond the control of the person invoking them and the consequences of which could not have been avoided despite all reasonable precautions.
Article 2 - Applicability of Terms and Conditions These General Terms and Conditions apply to all (package) travels offered by the Organiser via the Event Website and therefore form an integral part of all Contracts relating to the offer and provision of travel services for an Event.
In the event that you book additional (travel) services, the terms and conditions and internal rules of the operating Service Provider(s) also apply, such as those of the accommodation providers and transporters. These general terms conditions can be consulted via the website of the relevant Service Provider and can be requested from the Organiser at all times. Internal rules will be made known via the operating Service Provider(s) prior to the execution of the travel.
Article 3 – Package Travel The standard packages offered by the Organiser contain at least one night’s accommodation in a hotel or other accommodation, a transfer to the event and the admission ticket for the event. Depending on the booking, the content of the package may vary.
Only when the Purchaser books a Ticket, admission to the event is part of the package.
Article 4 - Information about the Travel 1. The Organiser will design the travel offer on the website in such a way that all necessary information about the (package) travel offered is displayed before the Purchaser proceeds to the booking process and accepts the offer. Depending on the content of the (package) travel, the information will consist of: a. general information regarding the accommodation; b. general information about the room; c. information about the transfer (pick-up times); d. (optional) information on extras; e. general information about the event (opening hours).
2. Public publications of the Organiser that provide information about the (package) travel contract are part of the travel offer.
3. The Organiser is not responsible for general information in photos, brochures, advertisements, websites and other information media in as far as produced or published under the responsibility of third parties.
Article 5 - Conclusion and Content of the Contract 1. The booking is made upon acceptance of the Organiser’s travel offer. Acceptance can be made by telephone, e-mail or via the Internet. Immediately after the conclusion of the travel contract, the Purchaser will receive a booking confirmation, either on paper or electronically, or possibly in the form of an invoice. By the confirmation of the booking by the Organiser, the Purchaser is bound by the booking.
2. The booking process via the Internet is structured in such a way that the Purchaser is informed prior to acceptance that they accept the offer and that the booking is final.
3. By accepting the offer, the Purchaser agrees to the terms and conditions of the Service Providers included in the (package) travel contract, such as the accommodation provider, the transporter, the Event Organiser and possibly the airline.
Article 6 - Revocation The Organiser’s offer is non-binding and can, if necessary, be revoked by the Organiser, even after it has been accepted and confirmed by the Purchaser.
Article 7 - Obvious Errors Obvious errors and obvious mistakes are not binding on the Organiser. These are errors and mistakes which, from the perspective of the average consumer, were or should have been immediately recognisable as such.
Article 8 – The Purchaser 1. Each person who enters into a Contract on behalf of or for the benefit of another person or a group of persons is jointly and severally liable for all obligations arising from the Contract.
2. All communication and transactions (including payments) regarding the (package) travel contract take place exclusively via the main Purchaser.
Article 9 - Travel Fare 1. The travel fare is based on the prices, exchange rates, levies and taxes as known to the Organiser at the time of publication. It is possible that the fare may have to be adjusted after booking (by up to 8%) if changes in fuel costs, exchange rates and/or taxes due give cause to do so. For the same reasons, the Purchaser is also entitled to any price reduction after deduction of the actual administration costs incurred. The invoice contains all the essential components of the package.
Article 10 - Payment 1. In the case of a (package) travel contract booked via the Internet, the travel fare must be paid immediately and in full. The Organiser accepts the following credit card payments: Visa, MasterCard. The Organiser will also make it possible to pay directly via third parties on the Internet such as Ideal or Sofort.
These third parties may have their own general terms and conditions that apply to the payment and sending of the (package) travel contract and/or the Ticket. The Organiser is not responsible for the content of those terms and conditions.
2. If payment terms are stipulated, the Organiser reserves the right to cancel the contract and charge cancellation costs if the term is exceeded.
Article 11 - Deposit 1. The Organiser may request a deposit from the Purchaser at the beginning of their stay.
2. The purpose of the deposit is to cover damages and/or costs, in the broadest sense of the word, that the Organiser may incur if the Purchaser or their travel companions do not fulfil their obligations.
3. Usually, the deposit must be paid upon arrival before check-in and can be paid by debit card or cash. It can also happen that the deposit has to be paid before the start of the package travel via an online payment.
4. If the deposit is not paid immediately, the Organiser is entitled to deny the Purchaser and/or travel companions access to and use of the accommodation and/or camping pitch.
5. If the Purchaser fails to pay the deposit, the Organiser is also entitled to terminate (cancel) the contract with immediate effect.
6. The entire deposit will be refunded to the Purchaser, after deduction of any costs for damage to or loss of the rented property or inventory and extra cleaning costs, etc. This refund does not affect any (additional) damage claims. The deposit will be refunded within 4 weeks of the package travel.
7. The accommodation will be checked with the Purchaser before check-out. The Purchaser must themselves request that the accommodation be checked. If the accommodation is damaged, the Purchaser and the Organiser’s representative must sign the damage form, which also specifies the cost of the damage.
Article 12 - Travel Details 1. The Purchaser will receive confirmation by e-mail immediately after payment of the (package) travel. The Purchaser can use the confirmation e-mail to check in at the designated accommodation. The tickets for the event will be sent separately by e-mail. If a flight has been booked, the necessary flight documents (e-tickets) will be sent to the Purchaser by e-mail as soon as possible, but no later than 10 days prior to departure.
2. If the Purchaser has not received the required (travel) documents at least 5 working days prior to the departure date, they must immediately notify the Organiser or the booking office.
3. If a package travel is booked less than 10 days before the departure date, the Organiser will indicate when and how the necessary (travel) documents will be placed in the possession of the Purchaser. The Purchaser will notify the Organiser immediately if they have not received these documents.
4. The Purchaser must always check the travel documents for accuracy. If there are any inaccuracies, the Purchaser must inform the Organiser immediately.
Article 13 - Accommodation The Organiser will provide the Purchaser in advance via the website with all the necessary information about the accommodation that is part of the (package) travel. The information on the website is based on the information provided by the accommodation provider to the Organiser. If the information is not correct upon arrival, the Purchaser is obliged to immediately inform the accommodation provider and the Organiser’s representative. The Purchaser must also inform the accommodation provider and the Organiser’s representative immediately of any complaints about the facilities or service.
Article 14 - Departure Times 1. The Purchaser will receive a document listing the departure and arrival times of the transfer components included in the (package) travel, subject to change in the interim.
2. It is possible that transport may be delayed, for example, due to weather conditions or congestion on the roads. The Organiser is not liable for damage caused by delays in the transport, as long as these remain within reasonable limits and/or if they are caused by force majeure.
3. The Organiser will endeavour to keep the Purchaser informed of any interim changes to the departure times to the best of its ability, however, you yourself should check the information/website of the operating service provider for any last-minute changes. In particular, if a flight is part of the (package) travel (see also Article 15, Paragraph 6).
4. In the event that a flight forms part of the (package) travel, it is possible that, due to unforeseen circumstances, another airline or airport will be used.
Article 15 - (Information) Obligation of the Purchaser 1. The Purchaser will provide the Organiser, before or at the latest at the time of concluding the contract, with all details about themselves and the registered travel companions that may be relevant for the conclusion or execution of the contract. The data include the mobile phone number(s) of the Purchaser and the e-mail address, if available and relevant. The Organiser reserves the right to request these details at a later date.
2. In addition, the Purchaser must provide all details concerning the nature or composition of the group they have booked that may be relevant to the proper execution of the agreed (package) travel. If the Purchaser does not comply with this information obligation and the Organiser is consequently forced to exclude a person or persons from (further) participation in the travel, the costs thereof will be charged to the Purchaser.
3. Minors are not permitted to make a booking. Persons under the age of 18 will also be denied access to the event.
4. The Purchaser and/or travel companions is/are obliged to comply with all instructions given by the Organiser and the operating service providers such as the Event Organiser, the accommodation provider or the transporter in order to promote the proper execution of the (package) travel.
5. If and in so far as the Purchaser and/or travel companions has/have not complied with the instructions of any of the other service providers, or if the consequences of the nuisance or inconvenience can be attributed to them, any ensuing costs are to be borne by the Purchaser. The Purchaser and/or travel companions may also be excluded from (further) participation in the travel. The Organiser is not liable for the consequences of exclusion from the travel. All costs associated with this are for the account and risk of the Purchaser/travel companions.
6. If a flight has been booked as part of the (package) travel, the Purchaser must check the exact time of departure of the flight to the country where the event is taking place. The Purchaser must check the exact time of the return flight no more than 24 hours before the departure time indicated.
7. The operating service provider or the Organiser, as the case may be, is entitled to deny the Purchaser/travel companion(s) access or have this done, or to exclude the Purchaser/travel companion(s) from the travel or the continuation thereof, if they act in breach of the obligations specified in Article 15, paragraph 2 to 5 above, without being liable for any refund or compensation.
Article 16 - Travel Documents 1. The Purchaser/travel companion must have a valid passport or, if permitted, a valid national identity document. For more information on applicable health formalities and current travel advice at the place of destination, please visit: www.nederlandwereldwijd.nl.
2. It is the responsibility of the Purchaser to obtain all necessary information and to have the required documents in their possession, such as a valid passport or a valid national identity document and any required visas, proof of vaccinations, driving licence and green card, etc. The Purchaser should also check, in good time before departure, that the information previously obtained has not changed in the meantime.
3. The information in the Organiser’s travel offer is geared to Dutch nationality. The Purchaser themselves must ascertain - if they are not a Dutch national - whether any travel advice has been issued by the authorities of the country of their nationality with respect to the destination, and what travel document requirements apply.
4. If the Purchaser/travel companion is not accepted by a service provider because of the absence of any (valid) document, all resulting consequences are at the risk and expense of the Purchaser/travel companion.
Article 17 - Essential Medical Needs 1. At the time of booking, the Organiser will generally indicate whether the travel is generally suitable for persons with reduced mobility. Alternatives or supplements to the (package) travel offered by the Organiser may be requested on medical grounds (essential medical needs). The Organiser will make every effort to meet these requests unless this cannot reasonably be expected of it. Essential medical needs are subject to the express written consent of the Organiser.
the organisational costs resulting from the application of EUR 27.50 per essential medical need;
any additional costs charged by service providers involved in meeting the requested essential medical needs.
Article 18 - Preferences The Purchaser may indicate special wishes, or preferences, regarding the (package) travel. The Organiser will only consider requests if there is a reasonable chance of fulfilling them. In this case, the Organiser has the right to charge the following costs:
the organisational costs resulting from the request of EUR 27.50 per preference ;
any additional costs charged by service providers for the execution of the request.
However, these requests can never be guaranteed.
Article 19 - Changes made by the Purchaser 1. After the conclusion of the contract, the Purchaser may request changes to the (package) travel. A decision on the request will be made as soon as possible. The Purchaser is required to pay the modified fare and additional costs less any monies already paid. In addition, they are obliged to pay the booking amendment fee of EUR 27.50 per amendment.
2. Rejections are substantiated and communicated to the Purchaser in good time.
3. After a rejection of the request for a change, the Purchaser is offered the choice of maintaining the original booking or cancelling it, subject to the applicable cancellation conditions. If the Purchaser does not respond to the rejection of their request, the original (package) travel will be carried out.
Article 20 - Substitution 1. The Purchaser may be substituted by another person, provided this is done in good time before the date of the event. The costs charged by the service provider concerned for the substitution will be passed on in full to the Purchaser. In addition, they are obliged to pay the change fee of EUR 100.00 per booking. A decision on the request will be made as quickly as possible.
2. The following conditions apply to substitution:
the other person meets all the applicable terms and conditions of the contract; and
the terms and conditions of the operating service providers do not preclude a substitution;
the request for a substitution is made no later than 7 days prior to departure, or in any event sufficiently in advance to permit the necessary acts and formalities to be undertaken.
3. The applicant, the Purchaser and the substitute are jointly and severally liable towards the Organiser for the payment of the outstanding part of the travel fare, the amendments costs and any additional costs resulting from the substitution.
Article 21 - Cancellation by the Purchaser 1. The booked (package) travel will not be reimbursed if cancelled by the Purchaser. The Organiser points out that an event ticket, which is part of the (package) travel contract, is issued once only and grants access to one person.
Article 22 - Cancellation by the Organiser 1. The Organiser is entitled to cancel the (package) travel due to unavoidable and extraordinary circumstances. In this case, the travel fare will be refunded in full, but no claims for compensation can be made.
2. In this context, the travel fare will not include: costs for merchandise, costs for travel or cancellation insurance, contribution to the Guarantee Fund, contribution to the Calamity Fund, costs of required travel documents and (health) formalities, booking and/or service costs.
3. If the Event is cancelled by the Organiser, the Organiser will refund the full travel fare. The Organiser will inform the Purchaser immediately after being informed by the Event Organiser of the cancellation of the event. If applicable, Article 12 of the general terms and conditions of the Event Organiser (“ID&T Group”) will also apply. The Organiser will not reimburse any other additional costs or damages in the event of a cancellation of the event. The Organiser is not liable for costs incurred by the Purchaser through parties other than the Organiser.
Article 23 - Changes made by the Organiser 1. The Organiser is entitled to unilaterally modify the travel in so far as this concerns insignificant changes. The Organiser will inform the Purchaser of these intended changes.
2. The Organiser is entitled to change essential aspects of the travel due to weighty circumstances. The Purchaser may reject the change.
3. The Organiser must inform the Purchaser of the intended changes within 72 hours (3 working days) of the occurrence of the important circumstances, as stated in paragraph 2. From 10 days prior to departure, the intended changes must be communicated within 24 hours (1 working day).
4. The Organiser may also, as a result of the serious circumstances referred to in paragraph 2, offer an equivalent alternative. The equivalence of the alternative accommodation must be assessed on the basis of objective criteria and must be determined on the basis of the following circumstances, which must be evident from the alternative offer
the situation of the accommodation at the place of destination;
the nature and class of the accommodation;
the other facilities offered by the accommodation.
5. The Purchaser who has the right to reject the change or alternative offer based on the preceding paragraphs must make this known within 72 hours (3 working days) of being notified. From 10 days prior to departure, a period of 24 hours (1 working day) applies. If the Purchaser does not communicate the rejection within the stipulated period, it will have no effect.
Article 24 - Obligation to Complain 1. If the Purchaser has a complaint about the conclusion or execution of the contract, they must immediately report the complaint, in writing or in another appropriate form, to (in this order) the service provider concerned and/or the Organiser so that they can seek a suitable solution.
2. If the complaint is not resolved and it affects the execution of the contract, the Purchaser must immediately report this to the Organiser. If the complaint is not subsequently resolved on the spot, the Organiser will provide the opportunity for a complaint report.
3. If the complaint is not resolved to the satisfaction of the Purchaser during the execution of the contract, the Purchaser may submit a written, substantiated complaint to the Organiser within one month of the execution of the contract or, if the transport or the travel did not take place, within one month of the planned date of departure. If the complaint does not relate to the execution but to the conclusion of the contract, the complaint must be submitted to the Organiser within one month after the relevant action by the Organiser.
4. Any claim for compensation lapses after two years.
Article 25 - Liability and Force Majeure 1. Without prejudice to the above provisions, the Organiser is obliged to fulfil the package travel contract in accordance with the expectations that the Purchaser may reasonably have based on the information provided by the Organiser.
2. The Purchaser is not liable for non-conformity during the execution of the (package) travel contract if the Purchaser has not fulfilled their obligation to complain, as laid down in Article 24.
3. The Organiser is not liable for non-conformities if they can be attributed to a supplier/service provider involved in the execution of the contract without there being a package travel contract and/or the Organiser only acting as an intermediary. This includes goods/services that are not part of the (package) travel contract, such as merchandise and separately booked transfers.
4. The Organiser is not responsible for non-conformities as a result of unavoidable and extraordinary circumstances, such as weather conditions or a ban issued by a competent authority on the organisation of the event, war or other serious security problems such as terrorism, major hazards to human health such as the outbreak of a serious disease at the destination, or natural disasters such as forest fires, floods, earthquakes.
5. The Organiser is not liable for non-conformities if they are attributable to the Purchaser/travel companion or a third party not engaged by the Organiser for the purpose of executing the (package) travel contract.
6. The liability of the Organiser is limited to a maximum of three times the travel fare unless the damage consists of personal injury or the damage is caused by intent or gross negligence on the part of the Organiser.
7. If a service included in the (package) travel is governed by an international treaty or regulation that recognises or permits exclusion or limitation of the liability of the service provider, the liability of the Organiser will be excluded or limited accordingly. In the event of an accumulation of compensation or price reduction, the Organiser may offset the compensation against each other.
8. The Organiser is not liable if and in so far as the Purchaser has been able to claim their damages under an insurance policy, such as travel and/or holiday cancellation insurance. The Purchaser is therefore obliged to take out proper travel and/or holiday cancellation insurance independently prior to the travel.
9. The exclusions and/or limitations of the Organiser’s liability included in this Article also apply to the staff of the Organiser, the booking office and the service providers involved, as well as their staff, unless this is excluded by treaty or law.
Article 26 - Legal Information A combination of travel services (as stated in Article 1) offered constitutes a package travel within the meaning of Directive (EU) 2015/2302. As such, you are entitled to all EU rights applicable to package travels. Further information on basic rights under Directive (EU) 2015/2302 can be found in ANNEX I.
Article 27 - Amendments or Supplements 1. The Organiser reserves the right, and is at all times entitled, to amend or supplement the General Terms and Conditions. The amended Terms and Conditions will then be published on the website and will apply as of the date of publication. If an amendment or addition significantly affects the rights or obligations of the Purchaser, it will be communicated to the Purchaser in writing, or these amendments will be brought to the attention of the Purchaser.
2. If the Purchaser participates in the (package) travel or purchases products/(travel) services (from third parties) through the website after the General Terms and Conditions have been amended or supplemented, the Purchaser irrevocably accepts the amended or supplemented General Terms and Conditions. If the Purchaser does not wish to accept the amended or supplemented General Terms and Conditions, the Purchaser must immediately discontinue participation in the (package) travel or the purchase of products/(travel) services (from third parties) on the website.
Article 28 - Dispute and Applicable Law These General Terms and Conditions are governed by Dutch law. In the event of a dispute between the Purchaser and the Organiser, the Dutch Court in Amsterdam is competent.
The combination of travel services offered to you is a package within the meaning of Directive (EU) 2015/2302.
Therefore, you will benefit from all EU rights applying to packages. Company XY/companies XY will be fully responsible for the proper performance of the package as a whole.
Additionally, as required by law, company XY/companies XY has/have protection in place to refund your payments and, where transport is included in the package, to ensure your repatriation in the event that it becomes/they become insolvent.
Key rights under Directive (EU) 2015/2302:
Travellers will receive all essential information about the package before concluding the package travel contract.
There is always at least one trader who is liable for the proper performance of all the travel services included in the contract.
Travellers are given an emergency telephone number or details of a contact point where they can get in touch with the Organiser or the travel agent.
Travellers may transfer the package to another person, on reasonable notice and possibly subject to additional costs.
The price of the package may only be increased if specific costs rise (for instance, fuel prices) and if expressly provided for in the contract, and in any event not later than 20 days before the start of the package. If the price increase exceeds 8 % of the price of the package, the traveller may terminate the contract. If the Organiser reserves the right to a price increase, the traveller has a right to a price reduction if there is a decrease in the relevant costs.
Travellers may terminate the contract without paying any termination fee and get a full refund of any payments if any of the essential elements of the package, other than the price, are changed significantly. If before the start of the package the trader responsible for the package cancels the package, travellers are entitled to a refund and compensation where appropriate.
Travellers may terminate the contract without paying any termination fee before the start of the package in the event of exceptional circumstances, for instance if there are serious security problems at the destination which are likely to affect the package.
Additionally, travellers may at any time before the start of the package terminate the contract in return for an appropriate and justifiable termination fee.
If, after the start of the package, significant elements of the package cannot be provided as agreed, suitable alternative arrangements will have to be offered to the traveller at no extra cost. Travellers may terminate the contract without paying any termination fee, where services are not performed in accordance with the contract and this substantially affects the performance of the package and the Organiser fails to remedy the problem.
Official Journal of the European Union 11.12.2015
Travellers are also entitled to a price reduction and/or compensation for damages where the travel services are not performed or are improperly performed.