ARTICLE 1 DEFINITIONS
- Orange Veins B.V.: the travel and tournament organizer and user of these General Terms and Conditions, having its legal seat of business in Prinsenbeek, the Netherlands, registered at the Trade Register under Chamber of Commerce number 78279852.
- Traveller(s): the applicant, those for whose benefit the trip and/or tournament has been stipulated and who have accepted that stipulation, or those to whom the legal relation to Orange Veins B.V. has been assigned in accordance with Article 9 of these General Terms and Conditions.
- Applicant: the person who concludes the agreement on behalf or for the benefit of the (fellow) Travellers.
- (Tournament) Trip: all services for the benefit of the Travellers for which Orange Veins B.V. has committed itself to them.
- Agreement: the travel agreement concluded between Orange Veins B.V. and the Travellers as set forth in Article 7:500 Dutch Civil Code, as well as other agreements with which Orange Veins B.V. commits itself towards the Travellers for the supply of one or more services.
ARTICLE 2 GENERAL CLAUSES
- These General Terms and Conditions are applicable to each offer and to each concluded agreement between the Travellers and Orange Veins B.V..
- These General Terms and Conditions are also applicable to agreements for the execution of which third parties need to be involved by Orange Veins B.V..
- From the stipulations in these General Terms and Conditions deviation can solely be deviated in writing. If the stipulations in the agreement deviate from the stipulations in these General Terms and Conditions, the stipulations in the agreement shall apply.
- Being void or being declared void of one or more of the concerned stipulations leaves the validity of the other clauses unaffected. In such cases parties are obliged to enter into mutual consultation in order to arrange for a replacement regulation regarding the affected clause. Thereby the tenor and purpose of the original clause is observed to the most possible extent.
ARTICLE 3 OFFER AND CONCLUSION OF THE AGREEMENT
- Even if a term for acceptance has been set, each offer of Orange Veins B.V. is non-binding and under the precondition of sufficient availability of the trip offered.
- Orange Veins B.V. can always add special conditions to an offer.
- From an offer that is based on incorrect or incomplete data submitted by a Traveller, no rights can be derived by the Traveller(s).
- Obvious errors and mistakes in the offer or the agreement do not bind Orange Veins B.V..
- An offer does not automatically apply to subsequent agreements.
- An offer composed of various elements does not oblige Orange Veins B.V. to the compliance with a part thereof in accordance with the commensurate part of the stated price.
- If the applicant concludes the agreement on behalf of or for the account of another natural person and/or legal person, he declares, upon concluding the agreement, to be authorized thereto. The applicant is in addition to this (legal) person severally liable for all obligations deriving from that agreement.
- All exchanges, including payments, between the Travellers and Orange Veins B.V. will solely take place via the applicant. The other Travellers are liable for their own share in the agreement.
- Agreements are only deemed to be concluded after the signing by the applicant or an agreement drafted for that purpose, as of the moment of signing.
ARTICLE 4 OBLIGATIONS OF PARTIES
- In the contractual agreement Orange Veins B.V. will state the following data:
- its name, address and telephone number;
- the amounts or the percentages of the travel price that needs to be paid as an advance and the term within which the balance should be paid;
- the relevant general information over the required travel documents and over the formalities in the area of health that are required for the trip and the stay;
- information over the option of a cancellation insurance;
2. To the extent applicable Orange Veins B.V. states in the offer also:
- regarding the transport:
– an indication of the means of transport to be used, the features and possibly the category thereof;
– an indication of the places of departure and arrival and a time indication thereof as precise as possible;
- regarding the stay:
– an indication of the place or places of stay;
– an indication of the accommodation, the features and possibly the category thereof as well as to the extent it concerns an accommodation in a member state of the European Union that has legal regulations regarding the touristic classification of accommodation, an indication of that classification;
– the period of stay;
– a statement of the number and the sort of the included meals;
– the other touristic services that form a significant part of the trip
– that a minimal number of persons are required for the trip and that the number thereof shall be included in the agreement, as well as the ultimate date on which the applicant will be notified about cancellation of the trip because that number has not been reached.
3. Before the commencement of the trip Orange Veins B.V. provides the applicant with the following data:
- the name, the address and the telephone number of the local representative of Orange Veins B.V. or, in the absence thereof, of the local entity or entities that can help the Travellers or, in the absence thereof as well, a telephone number for emergency situations or other information through which they can contact Orange Veins B.V.;
- information over the availability of travel insurance.
4. To the extent applicable Orange Veins B.V. shall provide before the commencement of the trip also the following data:
- information over the service schedules of the transport, the in between stops and the connecting transportations;
- information about the place to be occupied by the Travellers in the means of transport;
- a description of the route to the place or places of stay;
- information about the option of direct contact with an underage Traveller abroad if this person is not accompanied by an adult Traveller, or with the person who is locally responsible for the stay of that underage person.
5. The Travellers are responsible for the possession of the required documents such as a valid passport, identity card, visa and proof of inoculations and vaccinations.
6. The applicant is obliged to provide Orange Veins B.V. before or no later than at the conclusion of the agreement with all data concerning himself and the Travellers who have been included by him, that may be of importance for the conclusion and the execution of the agreement, including his contact details.
7. The Travellers are required to submit all relevant information with regard to their physical and mental condition (including the use of alcohol, drugs or medication) if that physical and/or mental condition can result in discomfort, danger or risks for the Travellers, of for third parties. If the aforementioned information has not been submitted, or is incorrect or incomplete, then the Traveller can be denied the right to further transport.
8. Also the applicant states special matters that may be of importance for the proper execution of the trip by Orange Veins B.V. regarding the identity or the composition of the Travellers included by him
9. The Travellers are obliged to comply with all directions by Orange Veins B.V. for the benefit of a proper execution of the trip and are liable for damage(s) caused by their non permitted behaviour, to be assessed on the basis of the standard for the behaviour a correct Traveller.
10. The Traveller who causes such hinder or bother or may cause so, that a proper execution of a trip is strongly affected or may be affected, can be excluded by Orange Veins B.V. from (continuation of) the trip, if it cannot be reasonably required from Orange Veins B.V. to comply with the agreement.
11. All costs deriving from a situation as set forth in section 10 shall be for the account of the Traveller, if and to the extent that the consequences of hinder or bother can be attributed to him. The consequences can in any case be attributed to him if the Traveller has not complied with his applicable information obligations
12. The Traveller is obliged to avoid possible damage(s) or to limit them as much as possible, in particular by complying with his obligation to provide information as set forth in Article 10 section 1.
13. Each Traveller is required to verify with the trip management no later than 24 hours before the stated time of departure of the return trip about the exact time of departure.
ARTICLE 5 CANCELLATION BY TRAVELLER
- The Applicant and the Travellers are not entitled to cancel the agreement for a tournament trip for the participating team (the travel party), due to already made tournament preparations (including but not limited to tournament schedules, communications, printed matters, websites, social media expressions), reputational damage (including but not limited to reputational damage towards other teams, towards sponsors) and necessary extra work (inter alia a new team must be arranged).
- The Applicant and the Travellers who cancel a tournament trip agreement for the participating team (the travel party) are liable to pay cancellation costs and the damage suffered by Orange Veins B.V. as a result of cancellation, including reputational damage. The total of the cancellation costs and damage due is jointly fixed at 100% of the travel price.
- Save for the stipulations in section 5, the Applicant and the Travellers who cancel a non-tournament trip agreement (such as agreements for tours and training camps) are liable to pay the following cancellation costs, in case of cancellation:
- till the 90th day (exclusive) before day of departure: the down payment (30%);
- from the 90th day (inclusive) to the 60th day (exclusive) before day of departure: 50% of the travel price;
- from the 60th day (inclusive) to the 30th day (exclusive) before day of departure: 70% of the travel price;
- from the 30th day (inclusive) until the day of departure (inclusive): the full travel price (100%)
- Refunds may be made by Orange Veins B.V., provided that there has not already been a deduction of costs incurred for the organization of the trip and which could not be recovered from third parties
4. Cancellation after office hours is deemed to be done on the first following working day. hours are Monday to Friday from 09:00 until 17:00 h Dutch time.
5. If a Traveller from the travel party cancels his share in a tournament trip or non-tournament trip agreement, he is liable to pay cancellation costs stipulated in Section 3 proportionally to his share in the agreement. A cancellation by some group members may increase the cost per person of those still travelling. If at the time of the conclusion of the agreement, on the basis of the size of the remaining travel party, a different price would apply, then the travel price for the remaining Travellers will be changed accordingly. For the changed agreement the usual payment conditions of Article 8 shall apply.
6. If a change of the agreement as set forth in the previous section is impossible or is not accepted, then the agreement for all Travellers shall be cancelled and all of them are liable to pay cancellation costs.
7. It is the responsibility of the group leader to inform all participants of the cancellation policy.
8. All cancellations must be advised in writing.
9. In case a Traveller cancels due to transport delays, strikes or force majeure, Orange Veins B.V. will not refund the costs
ARTICLE 6 CANCELLATION BY ORANGE VEINS
- Notwithstanding Article 7.4 Orange Veins B.V. can cancel the agreement because of grave circumstances, of which the applicant shall be notified without delay.
- If Orange Veins B.V. cancels the agreement because of a circumstance not attributable to the applicant or Travellers, it will offer another trip of equal or better quality. Notwithstanding the third section the applicant who does not accept that offer, is entitled to refunding or cancellation of the travel price or, if the trip has already been enjoyed in part, a commensurate part thereof.
- In case of cancellation Orange Veins B.V. shall compensate the amount that has been paid by the client, unless
- it cancels the agreement because the number of applications is smaller than the required minimum number and the applicant has been notified within the term stated in the agreement in writing of the cancellation, or
- it cancels the agreement that gave cause to the cancellation can be attributed to one or more Travellers. In that case all damage(s) deriving here from are for the account of the Travellers or applicant.
- the cancellation is a consequence of Force Majeure. Under Force Majeure is understood an abnormal and unforeseen circumstance that are independent of the will of Orange Veins B.V. and of which the consequences despite all precautions could not be avoided.
4. In case of cancellation by Orange Veins B.V. due to Force Majeure the following applies:
- Orange Veins is not responsible for any economic losses that may arise in the event of war, civil war, revolution, civil unrest or for the actions of the authorities, strikes, blockades, natural disasters, disputes with transport, kidnappings, accidents in the army and the navy, orders of public institutional departments in the destination country and foreign countries, epidemics, pandemics, customs regulations or problems with public immigration, fires, traffic accidents, illnesses, thefts, fraud, violence before, during and after the (tournament) trip. These issues will be resolved under the responsibility of the Traveller and are not the responsibility of Orange Veins B.V..
- Under these circumstances Orange Veins B.V. reserves the right to either retain the entire deposited payment and to use it for a future (tournament) trip or to reimburse the Traveller after deducting costs already incurred for the organization of the tournament or tournament trip and which could not be recovered from third parties.
- In the event that the tournament or tournament trip cannot be held or is postponed due to events beyond the control of Orange Veins B.V. or the tournament organizers (force majeure) or due to events which are not attributable to wrongful intent or gross negligence of Orange Veins B.V. or the tournament organizers, Orange Veins B.V. and the tournament organizers cannot be held liable by Travellers for any damages, costs or losses incurred, like transportation costs, accommodation costs and costs for additional orders.
ARTICLE 7 CHANGE OF THE AGREEMENT
- Orange Veins B.V. is authorized to change the travel agreement on an essential point because of grave circumstances, of which the applicant has been notified without delay. The Traveller is authorized to reject the change.
- Orange Veins B.V. is authorized to change the travel agreement because of grave circumstances, of which the applicant has been notified without delay. The Traveller can only reject the change if it results to a disadvantage of more than a minute importance.
- If the cause of the change can be attributed to the applicant or Travellers, the damage(s) deriving there from shall be for the account of the applicant and/ or Travellers.
- Orange Veins B.V. is authorized to increase the travel price up to twenty days before the commencement of the trip in connection with an increase in the costs of transport including fuel costs, the due duties and applicable currency exchange rates. In such cases Orange Veins B.V. will state in which manner the increase has been calculated. The Traveller may reject the increase.
- Upon a rejection as set forth in the previous sections, Orange Veins B.V. can cancel the travel agreement. The Travellers are entitled to a refund or cancellation of the travel price or, if the trip has been enjoyed in part, a commensurate part thereof. If Orange Veins B.V. cancels after a rejection by the Traveller as set forth in the sections 1 and 4; moreover, Article 6.3 shall equally apply.
- At the peril of losing this right of rejection as set forth in section 1 and 4 needs to take place within three working days after the receipt of the notification from Orange Veins B.V. that gave cause to the rejection.
ARTICLE 8 TRAVEL PRICE AND PAYMENT CONDITIONS
- The published travel price is based on the prices, duties and taxes that were known to Orange Veins B.V. at the time of the publication thereof.
- Unless agreed otherwise, the payment conditions are as follows:
- 30% of the total amount is to be paid within 8 days of receiving the invoice. The invoice will be sent following the signing of the contractual agreement.
- 40% of the total amount is to be paid no later than 16 weeks before the departure date
- 30% of the total amount is to be paid no later than 8 weeks before the departure date
- All bookings made within 8 weeks of departure must be paid in full at the time of booking
- All bookings with a total amount lower than EURO 2.500,- must be paid in full within 14 days of receiving the invoice.
3. Payment needs to take place in the manner prescribed by Orange Veins B.V..
4. If timely payment does not take place, there is a default by law. From the day that the default emerges, the Traveller is liable to pay the interest by law. The interest by law is calculated up to and including the day that the full due payment has been made. All reasonable costs for the payment of due amounts are for the account of the Traveller. The out-of-court costs are calculated according to what is customary in the Dutch collection practice, at present the “Wet incassokosten 2012.”
5. If despite summation payment of the due travel price has not taken place, then Orange Veins B.V. is authorized to dissolve the agreement and to charge the applicable cancellation costs as set forth in Article 5. In this case Orange Veins B.V. will be entitled to keep all deposits paid or due at that date.
6. All bank transaction fees (if applicable) have to be paid by the Traveller.
ARTICLE 9 ASSIGNMENT
- No later than seven days before the commencement of the trip the Traveller can assign his legal relation to Orange Veins B.V. to a third party that shall comply with all conditions of the travel agreement.
- The assignment takes place by a designated agreement with the third party and notification in writing thereof by the assigning Traveller to Orange Veins B.V.. The assigning Traveller, the applicant and the third party jointly and severally liable for payment of the travel price and the costs in relation to the assignment.
ARTICLE 10 CONFORMITY, COMPLAINTS AND ASSISTANCE
- If the trip does not go in accordance with the expectations that the Traveller may have reasonably had on the basis of the agreement, then the Traveller is obliged to notify Orange Veins B.V. or its personnel thereof as soon as possible.
- If the trip does not go in accordance with the expectations that the Traveller may have reasonably had on the basis of the agreement, then Orange Veins B.V. notwithstanding the other stipulations in these General Terms and Conditions is obliged to compensate the possible damage(s) of the Traveller, unless the shortcoming in the compliance cannot be attributed to it nor to the person of whose help use has been made for the execution of the agreement because:
- the shortcoming in the execution of the travel agreement can be attributed to the Traveller;
- the shortcoming in the execution of the travel agreement that could not be foreseen or relieved, is attributable to a third party that was not included in the provision of the services included in the trip; or
- the shortcoming in the execution of the agreement is due to Force Majeure as set forth in Articles 6.3 and 6.4 or an event that Orange Veins B.V. or the person of whose help it made use for the execution of the travel agreement, while observing all possible care could not be foreseen or relieved.
3. Depending on the circumstances Orange Veins B.V. is obliged to provide the Travellers with aid and assistance, if the trip does not go in accordance with the expectations that the Travellers may have reasonably had on the basis of the agreement. If the cause thereof can be attributed to the Travellers, then Orange Veins B.V. is only obliged to the provision of aid and assistance to the extent that such may reasonably be expected of it. The costs for the provided aid and assistance will in that case be for the account of the Travellers. The costs for the provided aid and assistance will be for the account of Orange Veins B.V., if the shortcoming in the compliance can be attributed to it or to the person of whose help it made use for the execution of the agreement, in accordance with the previous section.
4. If a complaint as set forth in section 1 has not been satisfactorily resolved, then this should be brought to the attention of Orange Veins B.V. in writing and motivated no later than within one month after the end of the trip, or if the trip did not take place, after the original date of departure.
5. If the Traveller does not submit the complaint timely, then Orange Veins B.V. is authorized not to process the complaint.
ARTICLE 11 LIABILITY
- If a treaty is applicable to a service included in the agreements, Orange Veins B.V. may claim an exclusion or limitation of liability that that treaty grants to or permits a service provider as such.
- Save for intent, deliberate negligence and damage(s) caused by death or injury of the Traveller for which Orange Veins B.V. is liable, the liability of Orange Veins B.V., notwithstanding the stipulations in the other parts of this Article, is limited to three times the travel price.
- Orange Veins B.V. bears no liability for damage(s) that the Travellers may have been refunded for on the basis of insurance such as a travel and/ or cancellation costs insurance.
- If Orange Veins B.V. is liable is for missing of travel pleasure, at the most one time the travel price is eligible for compensation.
- The stipulations in this Article apply also for the benefit of employees of Orange Veins B.V., involved service providers, as well as their personnel, unless the law, a treaty or regulations excludes so.
- Orange Veins B.V. cannot accept responsibility for any services which do not form part of our contractual agreement. This includes for example any additional services or facilities which your accommodation, transportation provider or any other supplier agrees to provide for you, where the services or facilities were not advertised by Orange Veins B.V. and Orange Veins B.V. has not agreed to arrange them. This includes any excursions organized by the Travellers themselves.
- Orange Veins B.V. does not accept responsibility in case of theft or loss of sports equipment or personal belongings at any time during the trip.
- Orange Veins B.V. does not carry any group insurance protecting Travellers in in the event of war, civil war, revolution, civil unrest or for the actions of the authorities, strikes, blockades, natural disasters, disputes with transport, kidnappings, accidents in the army and the navy, orders of public institutional departments in the destination country and foreign countries, epidemics, pandemics, customs regulations or problems with public immigration, fires, traffic accidents, illnesses, thefts, fraud, violence before, during and after the (tournament) trip. These issues will be resolved under the responsibility of the Traveller and are not the responsibility of Orange Veins B.V..
- Force majeure: Orange Veins B.V. does not accept liability for any loss, damage or expense arising from a change or cancellation to your (tournament) tour which occurs as a result of unusual or unforeseeable circumstances beyond our control, the consequences of which could not have been avoided with all due care. Such events include for example of war, civil war, revolution, civil unrest or for the actions of the authorities, strikes, blockades, natural disasters, disputes with transport, kidnappings, accidents in the army and the navy, orders of public institutional departments in the destination country and foreign countries, epidemics, pandemics, customs regulations or problems with public immigration, fires, traffic accidents, illnesses, thefts, fraud, violence, decisions of the Football Associations in the country of destination or foreign countries. Orange Veins B.V. does also not accept responsibility of a Traveller contravenes any law or regulation in any of the countries visited during the (tournament) tour.
ARTICLE 12 OTHER
- Each Traveller must have medical insurance and make sure he/she is insured both on and off the pitch.
- Orange Veins B.V. reserves the right to request Travellers to send an authorization letter to Orange Veins B.V. (email@example.com), stating they can take part in the (tournament) trip and that there is no obligation from the Football Federation in their country of origin to do so.
- Due to the limited number of rooms per floor, Travellers might need to be accommodated on different floors of the accommodation. Orange Veins B.V. does not have any power of decision over this, as this is the exclusive responsibility of the hotels. Travellers can request to be accommodated on the same floor(s) of the accommodation as a preference, but this can never be guaranteed.
- On the arrival day, Travellers can check into their accommodation from a time that is advised by the accommodation. In case Travellers want to check in before this time, extra costs might apply, which should be paid by the Travellers. On the departure day, Travellers are obligated to check-out of their accommodation before a time that is advised by the accommodation. In case Travellers want to check out after this time, extra costs might apply, which should be paid by the Travellers. Orange Veins B.V. is not liable for extra costs resulting from early check-in or late check-out by the Traveller.
- Accommodations may require a security deposit to be paid by the Traveller on arrival at the accommodation. The value of the deposit will be kept by the accommodation and will only be used in case of any damage or disturbance caused by the Traveller. Orange Veins B.V. can never be responsible for this security deposit or for any damage caused by the Traveller in the accommodation or at the sports venues. If a Traveller refused to provide a security deposit, the accommodation has the right to deny check-in.
- If the Travellers arrive or depart on various flights with various arrival/departure times, Orange Veins B.V. cannot guarantee various transfers, but only one group transfer. The team leader will have to choose just one time for the group transfer or contract extra transfers with Orange Veins B.V., at extra costs.
- Team staff, as indicated on the rooming list and/or participant list (but not the Orange Veins B.V. Tour Manager), are responsible for the conduct of their players in case of damage caused in accommodation, sports venues, transportation and other facilities.
- By signing the contractual agreement and acceptance of these Terms and Conditions by Orange Veins B.V., the Traveller agrees that Orange Veins B.V. may use any photographs taken by Orange Veins B.V. or one of its representatives of both individual travellers and the team as a whole for its website, social media or publications.
ARTICLE 13 FINAL CLAUSES
- On each agreement solely the laws of The Netherlands shall apply.
- Unless a mandatory clause of law deviates hereof, solely the competent court for the city of Breda, The Netherlands is competent to deal with disputes.
- The Dutch language version of the present General Terms and Conditions is always decisive for the interpretation thereof.