1. Scope of these General Terms and Conditions, Subject Matter of the Contract, General Terms and Conditions of Promoters and Supplier
1.1. These General Terms and Conditions (hereinafter: Terms) of TD Entertainment CV, Winschoterdiep 50, 9723 AB Groningen, The Netherlands (hereinafter: "we", "us" or "Seller"), shall apply to all contracts the Customer makes with the Seller with respect to the items displayed in the Seller's online shop (www.global-tickets.com), except for those referring to the Travel Package: these refer to the General Booking Terms and Conditions for TD Entertainment. The inclusion of the customer's own terms and conditions is contradicted, unless otherwise agreed.
1.2. The object of the contractual relationship, between the customer and us as a seller, regulated in these conditions is the resale of tickets by us.
1.3. We do not act as the promoter of events for which admission tickets (hereinafter Tickets) are displayed in the online shop. Responsibility lies with the respective promoter of the particular event. Therefore contractual relations are also formed with the respective promoter of the event by purchasing of tickets via us. These contractual relations may fall under General Terms and Conditions of the promoter in addition (see information in clause 7.2 of these conditions).
2. Conclusion of Contract, Order Processing
2.1. The display of products in our online shop is for submitting binding offers by the customer only and does not constitute a binding offer itself.
2.2. The customer is entitled to place his offer by phone, in written, by fax, by email or by using the order form in our online shop. In case of placement by using the online order form the customer gives a binding offer in regard to the products resp. services displayed in the shopping cart after having entered his personal data and by clicking the button “Buy” in the last step of the ordering process. Before binding placement of an offer all entered data can permanently be corrected by the usual keyboard and mouse functions. After submission of a binding order the customer is obliged to enter the necessary data for a debit of his credit card in case of choosing the payment method „credit card“. If the execution of the payment is not successful, the customer will automatically be changed to the payment method „prepayment/transfer“ after 15 minutes. The customer therefore is obliged to pay the full amount to the account of TD Entertainment C.V. (IBAN: DE46 2004 0000 0388 4111 03, BIC COBADEFFXXX) within 3 days.
2.3. In the next step we will immediately confirm the receipt of the order and declare the acceptance of the offer in text form. Before we give such declaration we are entitled to decline the customer’s offer.
2.4. The data of the order will be saved and can be retrieved by the customer after placement of the order in the pass word protected customer account created with the first order.
2.5. Order processing and communication contact will be performed by email and automated order processing. The customer has to guarantee that the given email address for the order processing is correct so he can receive emails under this address sent by us.
3. Prices and Payment Conditions, TD Entertainment Seal
3.1. Our ticket prices include the costs of purchase including the legal VAT. Because of the resale our prices can differ to the original issue price of the ticket. To avoid misunderstandings referring to this and to give our customers the possibility to use tickets without the disclosure of costs incurred, e.g. on works outings or businessrelated invitations, we seal the original issue price on the ticket with our TD Entertainment Seal.
3.2. Additionally we charge the customer a onetime processing fee. The amount of the processing fee depends on the delivery address of the customer and will be separately displayed before a binding order.
3.3. The particular total price is due immediately after conclusion of the particular contract and to be paid to us in advance. We provide the following payment methods if there is no other provision shown in the particular product display in the online shop:
3.4. In case of collection by the customer the customer gets the ordered tickets on the day of the event at the collection point or handover by our staff at the event venue after prior consultation with us by showing our electronically sent order confirmation and a valid ID or passport. If the parties agreed on this we will inform the customer in due time before the day of the event by email about all necessary collection details, e.g. handover meeting point, location of the collection point or communication data of the local contact person.
3.5. We reserve the right to carry out occasional security checks, in order to counteract credit card and account abuse. The customer can thus be requested by us by email to send us evidence of the address of the credit card holder by means of a credit card statement and a copy of the credit card by fax or email before we send the tickets or vouchers. If the customer does not meet this request within a deadline set by us, we reserve the right to cancel the order or reservation placed by the customer, and to charge any costs and fees incurred by this to the customer.
4. Provisions of Delivery and Shipping, Reservation of SelfDelivery
4.1. Especially for keen demanded events we cannot send the customer the ordered tickets after payment immediately fulfilment due to organizational reasons. In these cases we will give the customer a „Voucher“ after payment receipt which will be send to the customer within 3 days. The ordered tickets will be send to the customer via post in due time to the day of the particular event, or to his or her online account as a print@home-ticket which the customer can print out, or e.g. for very short-term orders or in exceptional cases hand over at the event venue.
4.2. The delivery of tickets will be regularly performed in the way shown in the online shop and to the delivery address given by the customer in the order, or where print@home-tickets are available, TD Entertainment will send the e-tickets to his or her online account which the customer can print out.
4.3. If a delivery to the customer is not possible the commissioned transport company will send the tickets back to us and the customer has to bear the costs of the new delivery. If the customer paid the tickets by credit card the additional costs of a new delivery will be charged on the credit card as well. In case of other payment methods (see clause 3.4) a new delivery of tickets will only takes place after receipt of the additional costs. Therefore the customer will get an invoice.
4.4. The risk of random loss and random deterioration of the bought tickets will pass to the customer with performed delivery (e.g. the placement in the letter box). If the client is an entrepreneur (see § 14 BGB) the risk of random loss and random deterioration in cases of shipping will pass by handover of the tickets to a suitable shipping person.
4.5. If we do not get delivered with the ordered tickets ourselves although we placed a congruent order at a suitable supplier we will be released from our obligation to perform and can withdraw from the contract without the arising of claims for damages of the customer. We are obliged to immediately inform the customer about the unavailability of the performance and will reimburse all performed considerations of the customer.
5. Claims of Reimbursement for the Customer or Cancellation of an Event
5.1. The processing of the event as agreed upon is in the solely responsibility of the particular promoter. This will also apply for the compliance of the visited event to the applicable legal protection for children and young persons. The customer has to read up on the related access restrictions (minimum of age, accompany of an adult), codes of behaviour (e.g. alcohol consumption) or similar.
5.2. In case of time or location related changes of the event the tickets regularly remain valid and cannot be returned. Any other applicable provisions of the promoter are ruled by his General Terms and Conditions. If there is a combination of a ticket with procured hotel stays the provisions under clause 5.8 apply.
5.3. In case of a default in performance in regard to the processing of the event (e.g. cancellation, abandonment, short term changes of the event venue construction, substitution of band members) the existence of claims of (partly) reimbursement to the customer is ruled by legal provisions and additionally all General Terms and Conditions of the promoter. This also applies for travel expenses of the customer, e.g. expenses for overnight stay or cancellation.
5.4. We generally endeavour to transfer received information about incidents exemplary named in clause 5.2. and 5.3. as soon as possible to our customer. Because of occasionally occurring shortterm cancellation the customer is required to get information about the actual performance of the event in the (local) daily press or in any other appropriate sources.
5.5. In case of the defaults in performance exemplary named in clause 5.2 and 5.3 in regard to the event we are not liable (also not for the reimbursement of the ticket price or other expenses in regard to the ticket purchase or the hotel booking or the travel to the event venue), unless the default of performance is caused by a breach of duty by us. This also applies in case of a cancellation of the event because of the insolvency of the promoter.
5.6. If the customer will engage us with the processing of reimbursement against the promoter after the cancellation of an event without replacement the customer has to send the tickets purchased at our company immediately back to us, at least two weeks after the cancellation of the event and regarding notice by us. The date of the sending of the ticket is relevant. If our sales price is higher as the price shown by the promoter on the ticket (except advanced booking and system fee) or equal we will reimburse the customer the price of the ticket shown by the promoter. Alternatively, the customer can also request that a ticket voucher is issued. If our sales price is lower than the price of the promoter we reimburse our sales price only.
5.7. After the expiry of the time limit of two weeks named in clause 5.6 the customer can only ask the promoter for a reimbursement because of a cancellation of an event without replacement in regard to the promoter’s General Terms and Conditions.
5.8.We have no obligation to inform or advise the customer regarding any existing entry, stay or departure conditions at the venue of the event
6. Reservation for Allocation of Higher Ticket Category, Control of Tickets by the Customer
6.1. Because of organisational reasons we reserve the right to deliver the customer in particular case tickets of a higher category. Therefore will be no additional costs for the customer. This right only applies if the delivery of the new tickets is reasonable for the customer in consideration of our interests. In case of assigning seats near the stage, for example, the tickets may contain a notice by the organiser with regard to any security restrictions in place. As these seats – if at all – are in fact normally subject to only slight reduced visibility, assigning such tickets to the customer is deemed acceptable.
6.2. The customer is obliged to control the tickets within 2 weeks after receipt whether the tickets are in regard to the provisions in clause 6.1 consistent to his order. Especially time and venue of the event have to be controlled.
6.3. If the customer does not raise any opposition in said time to us (by phone or in written) the delivery of the tickets is deemed as accepted. We will inform the customer about the start of the time limit and the relevance of his behaviour with the delivery of the tickets.
7. Warranty, Liability
7.1. Between us as a seller of tickets or intermediaries and the customer, the statutory provisions of the warranty for defects in accordance with the following provisions apply:
7.2. The customer knows that the tickets purchased at our house are resale. Therefore are no rights of warranty of the customer against us for the promoter’s invalidation of tickets purchased by us before the event and/or for the refusal of access because of a prohibition of resale in regard to the General Terms and Conditions of the promoter. Provided the customer submits to us written confirmation by the stadium or hall operator regarding the reason for having been refused entry, specifying the seat and ticket number, we will, however, consider whether, by way of exception, the purchase price can be refunded as a gesture of goodwill. The customer has, however, no legal right to claim a refund. Invoking verbal statements (e.g. by the security service deployed on site) is in no way sufficient as evidence.
7.3. We are unrestrictedly liable as the seller resp. procurer irrespective of the legal reason for our own fault and the fault of our vicarious agents in case of injury to life, body or health as for intent or gross negligence.
7.4. As far as we as the seller resp. procurer or our vicarious agents breach an essential contractual duty (so called cardinal obligation) caused by slight negligence our liability for material damages is limited to foreseeable, typically arising damage. Essential contractual duties are obligations which the contract imposes the seller resp. procurer according to its content for the achievement of the purpose of the contract, the fulfilment of which is essential for due execution of the agreement and compliance with which the contracting partner may regularly expect.
7.5. The liability is excluded if we as the seller resp. procurer breach another obligation as the cardinal duties named in clause 7.4. or legal assets named in 7.3. caused by slight negligence.
7.6. If our liability is excluded or limited in this clause 7 this also applies for the personal liability of our employees, representatives and vicarious agents.
9. Applicable Law, Place of Jurisdiction, Customer Service
9.1. The contract between the customer and us is governed by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
9.2. If the customer is an entrepreneur the exclusive also international place of jurisdiction for all disputes arising from this agreement is Groningen, The Netherlands. We are entitled to sue the customer at his general venue.
9.3. For questions, suggestions etc. the customer can contact our customer service via e-mail or via our telephone hotline (charges will apply). The working languages of our customer service are German and English. Therefore, inquiries in other languages cannot be processed.
Special conditions for Flextickets
If the customer chooses the "Flexticket" option, in addition to the above General Terms and Conditions, the following conditions apply:
1. Seat allocation
1.1. When the Flexticket is booked, within our capacities we grant the customer a ticket in one of the best rows of our allocated seats in the selected price category, whereby the classification by the respective organiser is decisive.
2.1. The customer receives a one-off discount of €25 (Euros) on a future order within 12 months of concluding the contract. The minimum order value to use the discount is €100 (Euros).
3. Free right of cancellation (right to withdraw)
3.1. When a Flexticket is purchased, the customer is entitled to freely cancel his/her order without giving reasons up to 56 days (eight weeks) before the start of the event the ticket was purchased for. The cancellation has to be at least in text form.
3.2. If a cancellation is carried out within 48 hours of receipt of our order confirmation, the customer is entitled to demand a full refund of any payments already made by him for the order. If the customer has not yet made any payments, his obligation to pay expires upon cancellation, as does his entitlement to have a ticket sent to him.
3.3. If a cancellation is carried out later than 48 hours after receipt of our order confirmation but up to 56 days (eight weeks) before the start of the event the ticket was purchased for, the customer receives a voucher in the amount of the ticket price without the service fee. Payout of the purchase price is excluded. If, by way of exception, the customer has already received the ticket before cancellation, the issuing of a voucher is dependent on the customer returning the ticket to the address specified by us in the cancellation confirmation within 48 hours of receipt of our cancellation confirmation. The date of dispatch is decisive for compliance with the deadline. The return delivery must be carried out by DHL or UPS with tracking, unless we state otherwise. The customer is obliged to give us the consignment number for the purpose of tracking the consignment. The costs of the return are to be borne by the customer. However, if we stipulate a delivery method for the return other than that specified above, any additional costs incurred as a result are borne by us. The same applies if sending the ticket to the address specified by us results in additional costs compared to return to our address.
4. Right of cancellation (right to withdraw) in case of a reason for cancellation
After expiry of the period specified in no. 3.1, cancellation is possible subject to the conditions set out below if one of the reasons for cancellation listed in no. 4.2 applies.
4.1. A cancellation in accordance with this no. 2 requires that we are given the name of the participant for whom the ticket was purchased at the latest within three days of receipt of the order confirmation for the respective ticket. For this purpose, the customer has to send us the correctly and fully completed form provided. The customer is informed of this again separately when placing the order.
4.2. The customer is entitled to cancel the order for one of the reasons stated below. If the reasons for cancellation refer to the participant, this means the persons named in accordance with no. 2.1. If the reasons for cancellation refer to close relatives, this term includes parents, children, siblings, grandparents, grandchildren and spouses of the respective participant, whereby step, foster and adoptive relationships have the same status as the aforementioned relationships. A reason for cancellation exists in the following cases:
a) In case of an unexpected serious illness or accident-related serious injury to the participant or a close family member of the participant. An illness is unexpected if
- it first occurs or is first ascertained after conclusion of the contract, or
- the condition deteriorates considerably after conclusion of the contract.
An illness or injury is serious within the meaning of this regulation if the resulting health impairment for the ill or injured person is so severe that participation in the event is not possible or not reasonable for the participant. In case of illness of a close relative, unreasonableness may especially be assumed if the illness or injury necessitates a hospital stay, is classified by a doctor as life-threatening and/or, due to the severity of the injury or illness, the close relative is demonstrably dependent on the care of the participant during the period of the event.
b) In case of complications in connection with a pregnancy of a participant that do not allow her to participate in the event.
c) In case of the death of the participant or a close family member of the participant in the period of four weeks before the event.
d) In case of a Covid 19 infection of the participant at the time of the event or an official quarantine order imposed on the participant in connection with the Covid 19 pandemic for the time of the event.
4.3. An unexpected serious illness, an accidental injury as well as complications during pregnancy need to be proven by a medical certificate issued before the cancellation. In case of death, a copy of the death certificate is to be submitted. If the reason for cancellation is illness, injury or death of a close relative, proof of the family relationship is to be provided to us on request. In case of a Covid 19 infection, the result of a PCR test or a medical certificate is to be submitted to us. In case of a quarantine order, this is to be proven to us.
4.4. Cancellation in accordance with this no. 2 is permitted up to 24 hours before the start of the event. However, the customer is obliged to inform us immediately after becoming aware of the reason for cancellation so as to exercise his right to cancel.
4.5. As an exception to no. 4.2, in case of the death of a participant, a cancellation is still permitted up to 30 days after the start of the event.
4.6. The cancellation has to be at least in text form. The cancellation requirements will be checked by us on the basis of the documents submitted. If, according to these, a right of cancellation exists, the customer will immediately receive a confirmation of cancellation sent to the e-mail address provided by them.
4.7. If the cancellation requirements in accordance with this no. 2 are met, the customer is issued a voucher in the amount of the ticket price without the service fee. Payout of the purchase price is excluded. If the customer has already received the ticket, the issuing of a voucher is dependent on the customer returning the ticket to the address specified by us in the cancellation confirmation within 48 hours of receipt of our cancellation confirmation. The date of dispatch is decisive for compliance with the deadline. The return delivery must be carried out by DHL or UPS with tracking, unless we state otherwise. The customer is obliged to give us the consignment number for the purpose of tracking the consignment. The costs of the return are to be borne by the customer. However, if we stipulate a delivery method for the return other than that specified above, any additional costs incurred as a result are borne by us. The same applies if sending the ticket to the address specified by us results in additional costs compared to return to our address. Further services and benefits in the context of the Flexticket.
TD Entertainment Package Tours General Booking and Travel Conditions
1. Definitions1. In these General Conditions, the following terms have the following meanings::
a. Third parties: any other (legal) person, not being TD Entertainment, the Traveller or his/her Travel Companions.
b. Traveller: TD Entertainment’s co-contracting party.
c. TD Entertainment: de commanditaire vennootschap TD Entertainment C.V., gevestigd te Groningen en ingeschreven in het handelsregister onder nummer 53713273 or the limited partnership Euro-Travel-Team C.V., with registered offices in Groningen, listed in the public trade register under number 77527828.
d. Agreement: the Agreement, being all the arrangements between TD Entertainment and the Traveller for providing a (package) tour or other related service (not being the sale of tickets). The TD Entertainment general conditions apply to the sale of (individual) tickets. These are available here.
e. Travel Companion(s): the natural persons who, together with the Traveller, go on the tour under the Agreement, on behalf of whom the Traveller made the booking.
2. Applicability of General Conditions1. These general conditions apply to all offers and quotations of, agreements with, deliveries and services of TD Entertainment to the Traveller in respect of package tours.
2. A package tour as referred to in the previous paragraph exists if a booking at TD Entertainment consists of at least two different services for one tour. Tour services include transport (bus, train or flight), accommodation (apartment or hotel room) or other tourist services such as visiting a sports event.
3. Deviations from these general conditions are only valid if and in so far these have been explicitly confirmed in writing by a representative of TD Entertainment. Any validity of a Traveller's own (general) conditions is explicitly excluded.
4. The Traveller guarantees that its Travel Companions take note of these general conditions and that they will comply with these general conditions. Any damage as a result of non-compliance with these general conditions by the Travel Companions will be entirely at the Traveller's expense.
3. Contracting Party1. The Agreement shall be executed by one of the parties referred to in article 1 paragraph 1 (c). Upon entering into the Agreement, the product information shall state which party will execute the Agreement (and is therefore the contractual other party of the Traveller).
4. Offers and information1. Offers by TD Entertainment are always without obligation and are made subject to interim changes.
2. No rights may be derived from the information on websites, in leaflets, flyers, newspapers or any other media that promote the goods and services. The information in such media is for general guidance only. This information may only be regarded as correct if confirmed in writing, with the exception of any apparent errors or omissions.
3. Prices and rates are shown subject to apparent errors or omissions. br /> 4. The Traveller is independently responsible for obtaining information from the relevant authorities with regard to any (additional) requirements and obligations concerning travel documents and visa obligations. TD Entertainment can never be held liable for any damage resulting from the above. Children and babies are obliged to have their own travel documents, entries in parents’ travel documents are not sufficient. If relevant, TD Entertainment will provide general information about any current visa requirements in the country of destination. Where appropriate, TD Entertainment will also provide information about the estimated time period necessary for obtaining a visa.
5. If a Traveller travels with a child below the age of 15, and if that child has a different surname to the Traveller, the Traveller must have a (signed) statement, in the English language, showing that the other parent gave permission to go on this particular tour. This statement must also include a copy of a valid identity document of the parent who is not travelling.
6. The Traveller is independently responsible for obtaining information from the relevant authorities with regard to any health advice (such as inoculations and other measures to prevent diseases) that applies to his/her destination(s). TD Entertainment recommends to always obtain advice from your family doctor, municipal health service (GGD), Ministry of Public Health or the Dutch National Coordination Centre for Infectious Diseases (Landelijke Coördinatiecentrum Reizigersadvisering). TD Entertainment is not liable for any damage that is the result of - wrongfully - not taking any (preventative) measures. In so far as this is relevant, TD Entertainment will always provide information regarding healthcare formalities in the country of destination.
5.Accommodations1. TD Entertainment’s descriptions of accommodations in the tour offer are drawn up as truthfully and objectively as possible. A complex of accommodations often consists of very different types of accommodation, for example, these may vary in layout, size, furnishings and views. The information given on the website (including: images and text) only give an impression of the layout, size and/or view of the accommodation. The accommodation may vary from the images or text in the tour offer.
2. There is no international standard based upon which a uniform star-rating system (or other type of grading) can be applied to an accommodation. TD Entertainment generally uses the category of accommodation as this is commonly used in the relevant country. Often the authorities in these countries use subjective criteria based on local norms and values. The categorisation of accommodations is only intended for general guidance from which the Traveller may not derive any rights.
6. Implementation and formation of the Agreement1. The information on the TD Entertainment website should be considered as an invitation to make an offer based on the presented information. An Agreement between the Traveller and TD Entertainment is only formed if and as soon as TD Entertainment confirms the offer to the Traveller in writing (also: by e-mail, whether or not automated). The Agreement is only formed if the Traveller accepts TD Entertainment's general conditions unconditionally and without reserve.
2. Each offer of TD Entertainment is non-binding and can be revoked after the conclusion of the contract if necessary. If and to the extent that TD Entertainment wishes to exercise its right of revocation, the company must inform the traveller immediately by e-mail, in writing (or by e-mail), i.e. at the latest within 72 hours of the confirmation of the contract by TD Entertainment.
3. In the event of TD Entertainment withdrawing an offer as referred to in the previous paragraph, repayment will be made within 30 days after the withdrawal was confirmed to the Traveller in writing.
4. With regard to an adequate execution of the Agreement, the Traveller guarantees that he disclosed all relevant details about himself and his Travel Companions to TD Entertainment. The Traveller cannot rely on any information that he did not disclose to TD Entertainment before entering into the Agreement.
5. Relevant details are, in any case, understood to mean the details with regard to the physical and mental state of the Traveller or Travel Companions (Third Parties) that are relevant for the execution of the Agreement.
6. Relevant details also include all information that is necessary to acquire services from third parties (including, but not limited to flight tickets). Any damage as a result of incorrectly provided details is fully at the expense of the Traveller.
7. If and in so far as the Traveller fails to disclose the aforementioned details or information to TD Entertainment, TD Entertainment will be entitled to exclude the Traveller and his Travel Companions from taking part in the tour, and furthermore, the Traveller will be liable for any damage that may arise from not complying with the disclosure obligation.
8. Based on Section 6:230p of the Dutch Civil Code, the Traveller is not entitled to cancellation or termination of the Agreement.
9. At the time of his booking, the Traveller may indicate any special preferences or wishes (for example, two separate beds in a double room or medical requirements or needs such as wheelchair access to rooms). TD Entertainment will make every effort to take the Traveller's preferences and wishes into consideration. However, TD Entertainment cannot give any guarantees with regard to any preferences and/or wishes indicated by the Traveller.
10. (Medical) preferences, requirements and/or wishes will only be guaranteed if this has been explicitly agreed.
11. Aforementioned guarantee (in the case of a round trip) only relates to the base hotel and never to transport components, meals en route or hotels en route.
12. TD Entertainment is not obliged to take any request (or any requirement or wish) into consideration.
13. TD Entertainment is entitled to charge administration fees of € 27.00 for each application or each preference request.
14. At his/her destination, the Traveller may have to pay an additional surcharge to a services provider if extra costs are involved in the request or (medical) requirement (such as in the case of a special diet).
15. Pets are not allowed on the tour.
7. Amendments to the Agreement by TD Entertainment1. TD Entertainment is entitled to amend the Agreement if this concerns minor amendments that, in the opinion of TD Entertainment, do not have any material impact on the execution of the Agreement. If it is reasonably possible, TD Entertainment will inform the Traveller of such amendments.
2. If TD Entertainment feels compelled to amend the Agreement, and if this does not concern a minor amendment, the following applies. In such a case, TD Entertainment will inform the Traveller immediately of the intended amendment. Subsequently, the Traveller must inform TD Entertainment immediately (at the latest within 48 hours if the tour is to start within 7 days) whether he wants to use the amended offer. If the Traveller does not want to use the amended offer, the Traveller may cancel the Agreement at no cost. In the case of a cancellation the provisions of article 5 apply. The above is only valid if and in so far as the amendment would cause a disadvantage to the Traveller. If the amendment constitutes an upgrade or improvement of the tour conditions, the Traveller will not have a right to cancellation (or any other form of termination) of the Agreement.
3. If the Traveller has not made it known whether he wants to use the amended offer within the time period stated in the previous paragraph, the offer will be considered to have been accepted and the Traveller can no longer rely upon cancellation (or any other form of termination) of the Agreement.
4. In the event of an amendment of fuel costs, fees set by or on behalf of the government, taxes and premiums, and fees that are levied by third parties not directly involved in the execution of this Agreement, TD Entertainment is entitled to implement a proportionate adjustment (increase or decrease) of their prices and rates with immediate effect.
5. TD Entertainment must inform the Traveller of and implement an increase of prices or rates at the latest 20 days before departure.
6. If, based on paragraph 4 of this article, TD Entertainment decides to implement an increase of more than 8%, the Traveller has the right to cancel the Agreement at no cost.
7. In many cases TD Entertainment relies on Third Parties for the execution of the Agreement. That is why, for example, flight times may change. The Traveller must ascertain the exact flight times shortly, 24 hours, before the tour as these can change due to circumstances. TD Entertainment is allowed to change travel and flight times, TD Entertainment is not liable for any damage resulting from this.
8. Help and support1. TD Entertainment provides help and support to the Traveller in case the Traveller experiences difficulties during the tour. This help and support consists of adequate information about medical services, local authorities, consular support and help with communication and finding alternative tour arrangements.
2. If the difficulties are the result of intent or negligence on the part of the Traveller, the actual costs of providing help and support (including the costs of TD Entertainment) will be at the expense of the Traveller. The payment will never be more than the actual costs of providing help and support.
3. If the difficulties are not the result of intent or negligence on the part of either the Traveller or TD Entertainment, then each party will bear its own costs.
9. Amendments to the Agreement by the Traveller1. At the latest 42 days before the start date of the tour, the Traveller can request TD Entertainment to amend the tour.
2. TD Entertainment will do their utmost to comply with the Traveller's request, but is not obliged to do so. In respect of amendments, TD Entertainment is dependent upon the availability (and capacity) and conditions of other services providers.
3. Any costs arising from the amendment of the tour are at the expense of the Traveller.
4. In the event of an amendment, the Traveller must, in any case, pay TD Entertainment € 27.00 in administration fees.
5. Amendment requests by the Traveller may only be sent via the email address: email@example.com
10. Substitution1. The Traveller may request TD Entertainment to replace one or more participants to the tour by (a) third party (parties) at the latest 7 days before the start date of the tour.
2. Substitution as referred to in the previous paragraph is only possible: 1) if the new participant complies with all the requirements of the package tour (such as age) and 2) if the (conditions of the) services providers to the tour (such as, for example, hotels and airline companies) do not object to the substitution.
3. All costs related to the substitution (including, for example, the costs the involved services providers charge and the costs of TD Entertainment) will be at the expense of the Traveller. The Traveller, as well as the person or persons that are replaced and those who replace them, are jointly and severally liable for the payment of the costs arising from the substitution.
4. Amendment requests by the Traveller may only be sent via the email address: firstname.lastname@example.org
11. Tour guides1. For certain group tours there will be tour guides. The tour guides usually speak Dutch, English and German. However, TD Entertainment cannot give any guarantees regarding the language skills of the tour guides.
2. The tour guides will make every effort to support the Traveller on location. The tour guides are not obliged to support the Traveller individually (for example, in the case of a visit to a dentist or doctor or reporting an issue to local authorities)
3. If travel guides are present, the Traveller is obliged to inform the tour guides immediately of any issues relating to the tour, in the broadest sense of the word.
12. Transport conditions for Airline travel1. If the package tour involves one or more flights, the general travel conditions of the airlines that carry out the flight(s) apply. The additional conditions for flights that are shown on the ticket of the Traveller also apply.
2. The Traveller must report to the check-in desk at the airport at least 2.5 hours before the departure time stated on the ticket. If the Traveller is not present at the airport at the required time, the Traveller may miss his flight or loses his right to air travel.
3. TD Entertainment is not liable for any damage arising from a Traveller missing his flight. Any extra costs will be at the expense of the Traveller.
4. The departure times and departure airport are stated in the booking confirmation. Flight times may be changed. Whether a change occurs depends on many factors (for example: weather conditions, congestion in airspace, military air traffic, environmental and noise standards and circumstances with regard to air traffic management). If the original departure times and/or departure airport change, TD Entertainment will inform the Traveller as soon as possible. It is important that shortly before the tour the Traveller can easily be contacted, if the Traveller is not contactable, any consequences will be at his own expense. If this is the case, TD Entertainment will not be liable for any damage arising from the Traveller not being contactable.
5. If a Traveller’s flight experiences delay, on the basis of European regulations, the Traveller can claim compensation from the airline company. For more information about compensation from airline companies in the case of delays TD Entertainment refers the Traveller to https://www.eccnederland.nl/nl/hulp-bij/toerisme-en-vervoer-eu/vliegreizen. TD Entertainment is not liable for any direct or indirect damage that is the result of flight delays.
6. The Traveller guarantees that the information provided by him is correct. The names on the flight ticket must correspond with the names in travel documents. The flight ticket must state the first official first name and the surname. In the case of married persons who have adopted the names of their spouses, the person's original own name must be stated on the flight ticket.
7. If the name on the flight ticket appears not to be the same as the name in the travel document, the airline company may refuse the Traveller access to the flight. In this case - depending on the airline company - a new ticket must be purchased or the original ticket must be changed. Any costs involved are fully at the expense of the Traveller.
8. The Traveller is himself responsible for checking the maximum allowed dimensions of baggage items. These requirements for the dimensions of baggage items vary per airline company. If the dimensions of the baggage items of the Traveller exceed the prescribed dimensions of the airline company, any costs involved will be at the expense of the Traveller.
13.Transport conditions for bus trips and transfers1. The embarkation time and embarkation point of the bus trip or transfer are stated in the booking confirmation or on the voucher provided for this purpose.
2. The Traveller does not have a set seat on the bus. If the Traveller must travel at the front of the bus due to medical reasons, the Traveller must indicate this in advance. In the case of a request for a seat at the front of the bus, the Traveller must show a medical certificate, if requested to do so, which shows that the Traveller's health does not allow any other seat. In the case as stated above, the Traveller will, in any case, have a reserved seat on the third row.
3. Each person is allowed to take 1 suitcase of up to 20 kgs and 1 item of hand baggage.
4. If the Traveller wants to take extra baggage, the Traveller must ask permission from TD Entertainment in advance. TD Entertainment is entitled to charge extra costs for taking extra baggage.
5. Bus trips or transfers do not include baggage service, therefore the driver will not help carry baggage.
6. TD Entertainment is never liable for any damage (either direct or indirect) as a result of delayed bus trips or transfers.
14. Liability, indemnity and damage
1. TD Entertainment is not liable if the (execution of the) Agreement does not meet the expectations of the Traveller if this is caused by force majeure or by a Third Party.
2. TD Entertainment's liability for damage (direct and indirect) is, at all times, limited to three times the tour price. This limitation of liability does not apply if the damage is caused by intent or gross negligence on the part of TD Entertainment. Nor does this limitation of liability apply if there are personal injuries.
3. Any claim for compensation expires after a lapse of two years.
4. If a European Union treaty or regulation applies to the Agreement (or a service that is covered by it), TD Entertainment may rely on all exclusions or limitations of liability that arise from that treaty or that regulation. 5. The Traveller is liable for all damage caused by him or his Travel Companions to property of TD Entertainment or Third Parties, this liability extends to costs these Third Parties have had to incur as a result of actions or negligence by the Traveller.
6. TD Entertainment (or any Third Party TD Entertainment uses for the execution of the Agreement) is, at all times, allowed to deny the Traveller the right to the accommodation or right of access to the transport vehicle, remove (or have) the Traveller (removed) from it and recover the damage from the Traveller if: 1) the Traveller behaves in such a way that damage is caused by this (or is likely to be caused); 2) the Traveller does not comply with regulations of TD Entertainment (and/or of Third Parties engaged by TD Entertainment), when the Traveller has been made aware of these regulations in advance; 3) the Traveller hinders Third Parties in their enjoyment of their tour or causes hindrance or nuisance in another way.
7. In the event that the Traveller is denied access on the basis of the above, the Traveller will not be allowed to claim a refund of any amount.
8. The liability limitations in these conditions do not apply if the damage of the Traveller consists of personal injury or if this damage is caused by intentional or deliberate recklessness on the part of TD Entertainment or of its subordinate managers.
15. Cancellation1. The Traveller may (partially) cancel the Agreement before the start of the tour. In the event of cancellation the Traveller is obliged to pay any damage to TD Entertainment. The damage will not exceed the full tour price.
2. In the case of cancellation the Traveller must pay the following costs:
Days until departure Percentage of the tour price
< 14 100%
14> - < 28 90%
28> - < 56 80%
3. The above does not apply if this has been explicitly agreed between TD Entertainment and the Traveller.
4. Amendment requests by the Traveller may only be sent via the email address: email@example.com
16. Payment1. Prices stated on the website are prices including statutory turnover tax. On top of this price TD Entertainment charges a once-only surcharge for processing the booking (booking costs). In addition TD Entertainment charges a customer contribution of € 15.00 per booking with regard to the guarantee scheme of the guarantee fund Garantiefonds STO Garant.
2. Based on local regulations, during the tour local levies or surcharges may have to be paid with regard to the Agreement (including - but not limited to - tourist tax). These levies and surcharges are at the expense of the Traveller.
3. The total agreed price for the tour with regard to the Agreement is payable immediately after conclusion of the Agreement and must be paid to TD Entertainment in advance. If and in so far as the Traveller has not paid the full amount before the start of the tour, TD Entertainment is entitled to cancel or terminate the Agreement with the Traveller.
4. TD Entertainment is entitled to (whether or not periodically) carry out safety checks to combat misuse of credit cards and bank accounts. For this reason TD Entertainment may ask the Traveller for additional information in order to establish his/her identity and the legitimate use of the credit card or bank account. If the Traveller does not comply with the aforementioned request, TD Entertainment has the right to terminate the Agreement with the Traveller and charge any resulting damage to the Traveller.
5. If the Traveller has not complied with his/her payment obligations within the set time period, the Traveller will owe statutory interest. After a demand for payment, the Traveller will also have to pay extrajudicial costs.
6. The extrajudicial costs will not be more than 15% over the first €2,500.00, 10% over the next €2,500.00, 5% over the next €5,000.00 and 1% over everything above that.
17. Minimum number of persons1. TD Entertainment is entitled to cancel the Agreement if the minimum number of participants for that tour has not been achieved. The Traveller must have been made aware of this minimum number of participants before the booking.
2. In the event of group and bus tours there is always a minimum number of participants.
3. If the minimum number of participants for the tour has not been achieved in time, TD Entertainment will inform the Traveller accordingly. Depending on the length of the tour, TD Entertainment may cancel the Agreement with the Traveller until:
- 21 days before the start of the tour if the tour has a duration of six days or more;
- 7 days before the start of the tour if the tour has a duration of two to six days;
- 48 hours before the start of the tour if the tour has a duration of less than two days;
4. For the calculation of the cancellation period the start date of the tour is used as the base date.
5. TD Entertainment will make every effort to offer the Traveller an alternative. If TD Entertainment offers an alternative, the provisions of article 6 apply.
6. If the Traveller accepts the alternative offer, TD Entertainment will set off any price difference between the original tour and the alternative accepted by the Traveller.
18. Guarantee and insurance1. TD Entertainment is affiliated with the guarantee fund Garantiefonds STO Garant. If and in so far as TD Entertainment should not be able to comply with its obligations, the Traveller may invoke the guarantee scheme of STO Garant. The most recent guarantee scheme of STO Garant will apply to the Agreement.
2. Unless agreed otherwise, TD Entertainment does not take out any insurance policies for the Traveller. TD Entertainment would urge the Traveller to take out good travel insurance (incl. cover for accidents, baggage, health costs and cancellation).
3. If and in so far as the Traveller takes out an insurance policy through TD Entertainment, TD Entertainment is only a broker between the Traveller and the insurance company. An insurance contract is formed between the Traveller and the insurance company. In this event the general terms and conditions of the insurance company apply.
19. Complaints1. If the Traveller should have a complaint, he must contact TD Entertainment or its tour leader during the tour. The Traveller must immediately report his complaint to TD Entertainment or its representative.
2. If and in so far as the complaint was not immediately reported to TD Entertainment and TD Entertainment was therefore not in an opportunity to remedy the complaint or shortcoming, the right to compensation of the Traveller may be fully or partially extinguished.
3. If a complaint has not been resolved to the satisfaction of the Traveller, the Traveller must contact TD Entertainment at the latest within two months after the end of the tour. If and in so far as the Traveller does not submit the complaint within the period stated above, TD Entertainment may decide not to process the complaint.
20. Applicable law and disputes1. The Agreement, these conditions and any agreements ensuing from the Agreement are governed by Dutch law, unless another law applies on the basis of any mandatory rules.
2. Any disputes that may arise between parties - as a result of this Agreement or of further agreements or other actions in connection with this Agreement such as, for example, although not exclusively illegal acts, undue payments and unjust enrichments - will be settled by the court in the district of the registered office of TD Entertainment, except to the extent that mandatory rules of jurisdiction would preclude this option.
3. Nevertheless, TD Entertainment continues to have the authority to bring any dispute as referred to in paragraph 2 of this article to a competent court of its choosing.