GENERAL TERMS AND CONDITIONS OF MYSTERYLAND TRAVEL, WHICH IS A PART OF Q-DANCE TRAVEL B.V. HAVING ITS REGISTERED OFFICE AT NOORDEINDE 128H, 1121AL IN LANDSMEER, THE NETHERLANDS, REGISTERED AT THE CHAMBER OF COMMERCE WITH NUMBER 34188015 AND TAX NUMBER 8118.82.871.B.01, REFERRED TO BELOW AS THE ORGANISATION OR THE ORGANISER.
Article 1 - The Organization
The Organization is a private limited company under Dutch law having its registered office in Amsterdam. It is the organizer of various packages for events.
Article 2 - Applicability Term and Conditions
These Terms and Conditions govern all packages offered by the organization trough the website hotels.mysteryland.com and are applicable for the event Mysteryland on fore mentioned website and thus form an integral part of all packages with respect to the sale, grant and supply of packages to the Event. The terms and conditions of the service providers such as the hotel, event, airlines and the organizer of the event are applicable.
Article 3 - Package
1.The standard packages offered by the organization contains at least one overnight stay at a hotel or other accommodation, transfer from hotel to the event and vice versa and the entrance ticket to the event. The package can vary depending on the request of the booker(s).
Article 4 - Package information
The organizer will design the website in such way that all necessary information about the offered package is shown to the booker before the booker continues to the buying process and acceptance of the offered package. The information consists of at least;
a. general information of the accommodation,
b. general information of the room
c. information about the transfer(pick up times)
d. (optional) information about extra's
e. general information about the event. (opening times)
2. If the agreed package is advertised in a publication of the organizer, the details contained therein form part of the package.
3. If the organizer has included general provisos in the general part of the package which are in conflict with the terms and conditions of another party which is providing the service such as the airline, hotel, event organizer, the provisions of the third party will prevail.
4. The organizer is not responsible for general information in photos, brochures, adverts, websites and other information carriers insofar as produced or published under the responsibility of third parties.
Article 5 - Creation and content of contract
1. Offer and acceptance
a. The booking is created upon the bookers acceptance of the organizers package offer. Acceptance can be arranged either by telephone, e-mail or via the Internet. After the booking, the booker receives confirmation as soon as possible, either on paper or electronically, optionally in the form of an invoice.
b. In the case of a booking via Internet, the organizer designs the buying process such that, before acceptance, the booker is informed that he is accepting the offer and that the booking is definitive. By confirming the booking by the organizer, the booker is committed to the booking.
c. By accepting the offer the booker(s) agree to the terms and conditions of the service providers which are included in the package such as the Hotel, Event organizer and optional the Airline.
Article 6 - Bookers duty of disclosure
a. The booker will provide the organizer, before or no later than at the time of concluding the contract, with all details about him/herself and the other person(s) for whom he/she has bought the package that may be relevant to the conclusion or fulfillment of the contract. Details include the booker(s) mobile phone number and e-mail address, if available.
b. Furthermore, he/she will mention any details regarding the nature or composition of the group whom he/she has booked that may be relevant to the proper fulfillment of the agreed travel package by the travel organizer. If he/she fails to meet this information requirement and the organizer is consequently compelled to exclude said person(s) from (further) participation in the package, the costs will be charged to him/her.
Article 7 - Withdrawal of offer
The offer of the organizer is made without obligation and can be withdrawn by the organizer if necessary.
Withdrawal in order to correct errors in the calculation of the package sum, or other errors, is permitted. In this case, the booker has a right to prompt reimbursement of any moneys paid.
Article 8 - Evident errors
Evident errors and evident mistakes are not binding upon the organizer. Such errors and mistakes are errors and mistakes which from the perspective of the average consumer were or should have been instantly recognized as such.
Article 9 - Essential medical needs
a. Alternatives or additions to the package offered by the organizer may be requested on medical grounds (essential medical needs). The organizer will make a genuine effort to meet these requests unless it cannot in all reasonableness be expected to do so. Essential medical needs are subject to the express written approval of the travel organizer.
b. In this case the organizer is entitled to charge the following costs:
- the organization costs arising from the alternative or additional service requested up to 25,00 per booking.
- any extra costs charged by service providers involved in the fulfillment of the requested essential medical needs.
- communication costs.
Article 10 Non medical essential needs
The organizer shall exclusively consider requests regarding non-medical essential needs (other essential needs) if there is a reasonable chance of meeting such a request. In this case, the organizer is entitled to charge the following costs:
- the organization costs arising from the request of 25 per booking
- any extra costs charged by service providers involved in the fulfillment of the request.
These requests also require the express written approval of the organizer.
Article 11 - The booker
a. Any person who enters into a contract on behalf of or for the benefit of another person or a group of persons is severally liable for all obligations arising from the contract.
b. All communications and transactions (including payments) between the person for which the package has been booked by another person or between a group of persons on the one hand and the organization on the other hand are exclusively conducted through the booker.
c. The (other) person(s) is/are each liable for their own share.
Article 12 - Payment
In case the package is booked via Internet, the package sum must be paid immediately and in full. The organization accepts the following credit card payments, Visa, MasterCard. Also the organization will make it possible to pay immediately through third parties on the internet such as Ideal or Paypal.
Article 13 - Travel sum
The advertised package sum applies per package, unless otherwise indicated. The advertised sum is based on the prices, exchange rates, levies and taxes as known to the organizer at the time the publication went to press. The invoice will include all essential parts of the package.
Article 14 - Deposit
14.1 The organizer will require a deposit from you at the start of your stay.
The deposit per accommodation and/or camping pitch is EUR 250.00 per booked accommodation
14.2 The purpose of the deposit is to cover damages and/or costs, in the broadest
sense of the word, that organizer can suffer if the renter/user or any of
the people that accompany the renter do not adhere to their obligations.
14.3 The deposit will have to be paid at arrival before check-in, and can be done by debit card or a cash payment.
14.4 If deposit is not paid immediately organizer is entitled to deny
the booker and/or other users access to and the use of the accommodation and/or
14.5 If the booker fails to pay the deposit, organizer is also entitled to dissolve
(cancel) the agreement with immediate effect.
14.6 The entire deposit, or any deposit remaining after any claims of organizer on the renter and/or users have been settled (damage to inventory, accommodation and/or other costs), will be refunded. This repayment will not affect any (additional) claims to compensation. The deposit will be refunded within 14 days after the event.
14.7 Personal of organizer will check the accommodation with the booker before check out of the accommodation. If any damage to the accommodation has occurred the booker will sign together with personal of organizer the damage form which will also state the costs of the damage.
Article 15 - Package documents
1. The booker will receive directly after payment of the package the confirmation via email. With the confirmation the booker can check in at the designated hotel. The event tickets will be sent by e-mail. In case a flight has been booked, the necessary flight documents will be placed in possession of the booker as soon as possible but not later then 10 days before departure. The flight document (e-ticket) will be placed in possession of the booker via email.
2. If the booker has not yet received the required (travel) documents by at most 5 working days before the event of the date of the departure of the flight, he/she will notify the organizer or the booking office without delay.
3. a. If a package is booked within 10 days before the day of the event or of the departure flight the organizer will indicate when and in what manner the required (travel) documents will be placed in the possession of the booker.
b. If the booker has not received these accordingly, he/she will notify the organizer without delay.
Article 16 Organizations information
The information give to the booker will consist of;
a. Telephone number of the representative,
b. Address hotel
c. Opening time event
Article 17 - Hotel information
The organizer will provide the booker on forehand through their website of all necessary information about the hotel which is part of the package. The information on the website is based upon the information given by the hotel to the organizer. In case the information is not correct upon arrival, the booker is obliged to inform the hotel and the representative of the organizer. In case of complaints about the facilities or service provided by the hotel the booker has to inform the hotel and the representative of the organizer.
Article 18 Terms and conditions of the hotel
The terms and Conditions of the hotel are applicable in case of cancellation by the booker(s) or during the stay of the booker(s) in the hotel. The booker(s) have to follow the rules and instructions given by the hotel or personnel of the hotel during their stay.
Article 19 Transfer information
1. The booker will receive a document which will state the departure and arrival times for the transfer components included in the package. These times are definite. The organizer may alter these times within reasonable limits and if it cannot be reasonably required to adhere to these times.
2. The organizer will make appropriate alternative arrangements with a view to safeguarding the timely arrival of the bookers at the event.
3. If such arrangements are not possible, the organizer will provide the booker(s) with equivalent transport that will take him/her/them to the event or other return destination agreed with the booker(s).
4. the organizer is obliged to timely inform the booker(s) of any changes made by it to the departure times of the transfer.
Article 20 Flight Information
In case of a flight is part of the package, as soon as the organizer is aware of the identity of the airline to be used it must inform the booker of this, preferably when the latter is making a booking but no later than the time at which the booker is given his/her documents.
Article 21 Terms and Conditions Airline
The Terms and conditions of the airline are applicable in case of cancellation by the booker(s). The booker(s) have to follow the rules and instructions given by the airline or personnel of the airline.
Article 22 - The booker(s) obligations
1. a. The booker(s) is/are obliged to comply with all instructions of the organizer and the service providers such as the event organizer, hotel and the airline in case a flight is part of the package to promote the proper fulfillment of the package and is/are liable for loss caused by any improper conduct on his/her/their part.
b. All ensuing costs are borne by the booker if and insofar as the consequences of the nuisance or trouble can be attributed to him/her or if the booker did not follow the regulations of any of the other service providers. If and insofar as the cause of the exclusion cannot be attributed to the booker, the travel sum will be wholly or partly refunded to him/her.
2. In case a flight has been booked as part of the package the booker(s) must check the exact time of departure of the flight to the country were the event will be held. The booker(s) must check the exact time for the return journey with the representative of the organizer, no more than 24 hours before the indicated time of departure.
Article 23 - Aid and assistance
1. a. The organizer is obliged, depending on the circumstances, to afford the booker aid and assistance if the package does not live up to the expectations that the latter could reasonably have on the grounds of the information. The ensuing costs are borne by the organizer, if the failure to fulfill the package as offered to the booker(s) can be attributed to it.
b. If the cause is attributable to the booker(s), the organizer is only obliged to afford aid and assistance insofar as this can be reasonably required. In this case, the costs are borne by the booker.
2. If the package of part of the package fails to meet the expectations that the latter could reasonably have on the grounds of the contract due to circumstances attributable to neither the booker nor the organizer, each party will bear its own loss.
Article 24 Travel Documents
1. The booker him/herself is responsible for obtaining any necessary information from the authorities about passports and visas and also for making timely enquiries before departure to ascertain whether the earlier-obtained information has not changed in the meantime.
2. The booker him/herself is responsible for obtaining any necessary additional information from the authorities and also for making timely enquiries before departure to ascertain whether the earlier-obtained information has not changed in the meantime.
3. The booker him/herself is responsible for having the required documents on their person, such as a passport that meets all the requisite validity criteria, or, where permitted, a tourist identity card and any required visas, proof of inoculations and vaccinations, driving license and green card.
4. If the booker is not accepted by a service provider because of the absence of any (valid) document, this and all resulting consequences will be for his account.
Article 25 - Changes instigated by the booker
1. After the creation of the contract the booker may request changes to the package. This is subject to the condition that the booker pays the changed sum less any payments already made. In addition he/she is required to the pay booking change costs of 27.00 per booking and any communication costs. A decision about the request will be taken as soon as possible.
2. Rejections will be motivated with reasons and promptly communicated to the booker. The booker can maintain or cancel the original package. If the booker fails to respond to the rejection of his/her request, the original package will be carried out. If the booker cancel the package, art 26 is applicable.
Article 26 - Substitution
1. The booker may allow him/herself to be substituted by another person, provided this takes place in good time before the event date. In addition he/she is required to the pay booking change costs of 100.00 per booking and any communication costs. A decision about the request will be taken as soon as possible.
2. Substitution is subject to the following conditions:
a. the other person meets all conditions governing the contract; and
b. the conditions of the service providers involved in the fulfillment of the contract do not oppose such a substitution and must fulfill the terms and conditions of the service provider. The Terms and Conditions of the service provider are fully applicable; and
c. the request is submitted no more than 7 days before departure or in sufficient time to permit completion of the necessary actions and formalities.
3. The applicant, the booker and the substitute are severally liable vis--vis the organizer for the payment of the outstanding part of the sum, the costs of the change and communication costs and any extra costs resulting from the substitution.
Article 27 - Cancellation by the booker
The package as booked is not refundable when cancelled by the booker.
Article 28 - Cancellation by the organizer
1. The organizer has the right to cancel the package on account of weighty circumstances.
2. Weighty circumstances are circumstances that are of such a nature that the organizer can no longer be reasonably required to fulfill the package.
3. a. If the cause of the cancellation is attributable to the booker, the booker is liable for the resulting loss.
b. If the cause of the cancellation is attributable to the organizer, the organizer is liable for the total amount of the package which has to be refunded to the booker.
c. If the cause of the cancellation is attributable to neither the booker nor the organizer, each party bears its own share of the loss.
4. In case the event, will be cancelled by the event organizer, the organization will reimburse clients the full amount of the package. The organization will inform the client immediately after being informed by the event organizer that the event has been cancelled. In case of cancellation art 12 of the terms and provisions of ID-T Sensation are applicable. The organizer can not be held responsible or liable for any costs the booker made through parties other then the organizer. The organizer will not reimburse any other costs or damages in case of cancellation of the event.
Article 29 - Changes instigated by the organizer
1. a. The organizer has the right to make changes to the agreed package on the grounds of weighty circumstances.
2. He shall notify the booker of said circumstances within 72 hours (3 working days) of the moment that the organizer made the change. From 10 days before the departure, these circumstances must be communicated within 24 hours (1 working day).
3. In the event of a change, the organizer will make the booker an alternative offer if possible. This offer must be made within 72 hours (3 working days). From 10 days before the departure, the applicable term is 24 hours (1 working day).
4 The alternative offer must be at least equal to the original offer. The equality of alternative accommodation must be assessed according to objective criteria and should be determined according to the following circumstances which must be evident from the alternative offer:
a. the situation of the accommodation in the place of destination;
b. the nature and class of the accommodation;
c. the other facilities offered by the accommodation.
The assessment referred to here must take account of:
5. The booker who has the right to reject the change or the alternative offer on the grounds of the previous paragraphs must make this known within 72 hours (3 working days) of receiving advice of the change or the alternative offer. From 10 days before the departure, the applicable term is 24 hours (1 working day).
b. In that case the organizer has the right to cancel the booking with immediate effect. It must exercise this right subject to forfeiture within 72 hours (3 working days) of the booker receiving the rejection. From 10 days before the departure, the applicable term is 24 hours (1 working day).
In that case the booker is entitled to waiver or restitution of the sum (or, if part of the package has already been completed, to restitution of a proportionate part thereof) within 2 weeks.
6. a. If the cause of the change is attributable to the organizer, the organizer is liable for the resulting loss to the booker.
b. If the cause of the change is attributable to the booker, the booker is liable for the resulting loss.
c. If the cause of the change is attributable to neither the booker nor the travel organizer, each party bears its own share of the loss.
Article 30 - Liability and force majeure
1. Without prejudice to the provisions in articles 10 and 11, the organizer is obliged to fulfill the package in accordance with the expectations that the booker was reasonably entitled to have on the grounds of the information given by the organizer.
2. If the package fails to meet the expectations referred to in paragraph 1, the booker is obliged to advise those involved as soon as possible, as referred to in article 17 paragraph 1.
3. If the package fails to meet the expectations mentioned in paragraph 1, the organizer is obliged - without prejudice to the provisions in articles 13, 14 and 15 - to compensate any loss or damage suffered by the booker unless the failure to fulfill the contract cannot be attributed to the organizer or the person or service providers assisting with the fulfillment of the package, because:
a. the failure to fulfill the contract can be attributed to the booker; or
b. the failure to fulfill the contract could not be 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 package; or
c. the failure to fulfill the contract is attributable to an event that the travel organizer or person assisting with the fulfillment of the contract could not, despite exercising all due care, foresee or rectify; or
d. the failure to fulfill the contract is due to force majeure as mentioned in paragraph 4 of this article.
4. Force majeure refers to abnormal and unforeseeable circumstances that took place independently of the will of the person invoking such circumstances and the consequences of which could not be avoided despite all precautions.
Article 31 - Exclusion and limitation of organizations liability
1. a. If any service included in the package is governed by a Treaty that acknowledges or permits exclusion or limitation of the service provider's liability, the organizers liability is accordingly excluded or limited.
b. Nor is the organizer liable if and insofar as the booker has been able to claim his/her loss under an insurance policy, such as a travel and/or holiday cancellation insurance policy.
2. If the organizer is liable vis--vis the booker for loss of enjoyment, the compensation will not exceed the travel sum.
4. The exclusions and/or limitations of the organizers liability included in this article also apply to the staff of the organizer, the booking office and the service providers involved, as well as their staff, unless this is excluded by a Treaty or Act.
Article 32 Dispute and applicable Law
These General Terms and Conditions are governed by Dutch law. In case there is a dispute between the booker and the organization the Dutch court seated in Amsterdam will be competent.