Terms & Conditions
JOLA Tours & Trips – Schnipseljagd
- JOLA Tours & Trips: JOLA Tours & Trips, situated in Katwijk under Chamber of Commerce number 74279742
- User / customer: the person with whom JOLA Tours & Trips has entered
- into an agreement.
- Parties: JOLA Tours & Trips
- Consumer: a user who is also an individual and who acts as a private person.
- Players Everyone who plays / participates in the Schnipseljagd
Applicability of general terms and conditions
- These conditions apply to all offers, offers, work, orders, agreements and deliveries of services by or on behalf of JOLA Tours & Trips.
- he general Terms and Conditions apply to the user / customer. Parts of these Terms and Conditions also apply to all players.
- Parties can only deviate from these conditions if they have explicitly agreed in writing.
- Parties explicitly exclude the applicability of additional and / or deviating general terms and conditions of the customer or third parties.
As a user / customer of Jola Tours & Trips you are obliged to inform all (fellow) players of these Terms and Conditions, in particular the parts that apply to them and the following paragraph “obligations of all players”:
Obligations of all Players
Liability: Jola Tours & Trips, nor anyone or third parties acting on behalf of Jola Tours & Trips, is in any way liable for any user / customer / player of the Schnipseljagd or Jola Tours & Trips, for any damage, direct or indirect indirectly, which arose or caused in any way.
Confidentiality: As a user / customer, as well as all players of the Schnipseljagd, you agree to all solutions, answers, hints, all other orders and information from the web app, by not telling / spreading in any way, with or to third parties who have not yet played the Schnipseljagd.
Responsibility: The Schnipseljagd is a self-guided tour, which means that players only receive route instructions. Players are themselves responsible for their own (and fellow players) acts or omissions while playing the Schnipseljagd.
Respect: Jola Tours & Trips asks all players to show respect for the environment in which they play the Schnipseljagd. By this we mean in particular respect for the villagers, their properties and privacy, as well as nature and the environment.
Take good care for yourself!: We also want to draw the attention of all players to the fact that they play in the street, in the midst of a lot of traffic. We ask everyone to pay attention because the traffic can often be very busy and chaotic.
- All prices used by JOLA Tours & Trips are in euros, include VAT and exclude any other costs possible such as administration costs, levies and travel and shipping or transport costs, unless explicitly stated otherwise or agreed otherwise.
- All prices which JOLA Tours & Trips applies for its products or services, on its website or via other mediums are changeable by JOLA Tours & Trips at any time.
- The price with regarding a service is determined by JOLA Tours & Trips.
- If the parties have agreed a total
amount for a service provided by JOLA Tours & Trips, this is always a fixed
price, unless the parties have expressly agreed in writing a different price
that cannot be deviated from.
Consequences of not paying
- If the customer does not pay immediately when ordering the product, no new order will be placed and access to the Schnipseljagd web app. If the payment isn’t finished, the order will expire.
- Access to the web app is only given when the customer immediately meets his payment obligation when ordering the product.
- It is not possible to pay for products from the webshop afterwards. For other products or services, deviations can be made per agreement.
Unless the user is a consumer, the user waives the right to suspend the fulfillment of any obligation arising from this agreement.
Unless the user is a consumer, the user waives his right to set off a debt to JOLA Tours & Trips against a claim on JOLA Tours & Trips.
- The user undertakes to adequately insure the following items and keep them insured against, among other things, fire, explosion and water damage and theft:
- Legal Liability Insurance, according to the rules and laws of the Netherlands.
When the parties have entered into an agreement with a service-oriented nature, this only contains best efforts obligations for JOLA Tours & Trips, not results obligations.
Implementation of the agreement
- JOLA Tours & Trips executes the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
- JOLA Tours & Trips has the right to have the agreed service provision (partially) performed by third parties.
- The execution of the agreement is done by placing an order and paying. This is followed by the obligation for JOLA Tours & Trips that the service (s) be delivered immediately, within a reasonable period of time.
Provision of information by the customer
- The customer makes all information and data relevant to the correct execution of the agreement available. This information contains the user’s name, e-mail address and nationality.
- The customer is responsible for the accuracy, completeness and reliability of the information / data made available, even if it originates from third parties, to the extent that the nature of the agreement does not indicate otherwise.
- If the customer does not, or does not properly, make the information reasonably required by JOLA Tours & Trips available and the execution of the agreement is affected as a result, if the e-mail is delivered to the wrong address, then the resulting additional costs for the account of the customer.
Duration of the agreement
- The duration of the agreement is one-off.
- JOLA Tours & Trips Retains all intellectual property rights (including copyright, patent law, trademark law, drawing and design law, etc.) on all websites, web apps, e-mails, products, designs, drawings, writings, carriers with data or other information , quotes, images, sketches, models, etc., unless the parties have agreed otherwise in writing.
- If the intellectual property rights do not lie with Jola Tours & Trips, the source is clearly stated. For the web app, this information can be found at the INFO button.
- The user may not copy the intellectual property rights mentioned above without prior written permission from JOLA Tours & Trips (or have them copied), show them to third parties and / or make them available or use them in another way.
- If the customer violates the article of these general terms and conditions about confidentiality or intellectual property, he forfeits an immediately due and payable penalty of € 5,000 on behalf of JOLA Tours & Trips for each violation and also an amount of 5% of the aforementioned amount for each day that the violation continues.
- No prior notice of default or legal proceedings is required for the forfeiture of this fine. There is also no need for any form of damage.
- Forfeiting the fine referred to in the first paragraph of this article does not affect the other rights of JOLA Tours & Trips, including its right to claim damages in addition to the fine.
- The user must examine a product or service provided by JOLA Tours & Trips as soon as possible for possible shortcomings.
- If a delivered product or service does not correspond to what the user could reasonably expect from the agreement, the customer must inform JOLA Tours & Trips of this as soon as possible, but in any case within 1 month after finding the shortcomings. to state.
- Consumers must inform JOLA Tours & Trips of this within 2 months after discovery of the shortcomings.
- The customer thereby gives as detailed a description as possible of the shortcoming, so that JOLA Tours & Trips is able to respond adequately.
- The customer must demonstrate that the complaint relates to an agreement between the parties.
- If a complaint relates to ongoing work, this cannot in any event result in JOLA Tours & Trips being required to perform other work than agreed.
Notice of default
- The customer must make written notice of default to JOLA Tours & Trips.
- It is the responsibility of the customer that a notice of default actually reaches JOLA Tours & Trips (in time).
Joint and several liability of the customer
If JOLA Tours & Trips enters into an agreement with several customers, each of them is jointly and severally liable for the full amounts that they owe to JOLA Tours & Trips under those agreements.
Liability JOLA Tours & Trips
- JOLA Tours & Trips is not liable for any damage suffered or caused by the user / customer or player, even if and insofar as that damage was caused by intent or deliberate recklessness.
- JOLA Tours & Trips is never liable for indirect damage, such as consequential damage, lost profit, missed savings or damage to customers, users, players or third parties.
- If JOLA Tours & Trips is liable, this liability is limited to the amount that is paid out by a closed (professional) liability insurance policy and in the absence of (full) payment of the damage amount by an insurance company, the liability is limited to the (part of) the invoice amount to which the liability relates.
- All images, photos, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot give rise to compensation and / or (partial dissolution of the agreement and / or suspension of any obligation). .
Jola Tours & Trips is not liable for the user / player’s internet connection of the mobile phone or the range of the network.
Any right of the customer to compensation from JOLA Tours & Trips expires in any case 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of Article 6:89 of the Dutch Civil Code.
Right to dissolution
- The customer has the right to terminate the agreement if JOLA Tours & Trips is accountably in breach of its obligations, unless this failure, given its special nature or limited significance, does not justify the termination.
- If the fulfillment of the obligations by JOLA Tours & Trips is not permanently or temporarily impossible, dissolution can only take place after JOLA Tours & Trips is in default.
- JOLA Tours & Trips has the right to terminate the agreement with the customer if the side does not fully or not timely fulfill its obligations under the agreement, or if JOLA Tours & Trips has become aware of circumstances that give it good grounds to fear that the customer will not be able to properly fulfill his obligations.
- Under very special circumstances, it may be possible for a customer to request a refund of the purchase amount. The condition is that no more than a few questions have been answered. We can also check this ourselves. Regardless of the reason that the user / customer does not want to be able to continue playing, they must contact Jola Tours & Trips to request a dissolution, including the reason. Jola Tours & Trips will always do its utmost to solve the problem.
- The request for the dissolution, via e-mail, must be made no later than 3 days after the customer has stopped using the Schnipseljagd. This mail can be sent to firstname.lastname@example.org.
- In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure on the part of JOLA Tours & Trips to fulfill its obligations towards the customer cannot be attributed to JOLA Tours & Trips in any of JOLA’s will. Tours & Trips independent situation, as a result of which the fulfillment of its obligations towards the customer is wholly or partially prevented or as a result of which fulfillment of its obligations cannot reasonably be expected of JOLA Tours & Trips.
- The force majeure situation referred to in paragraph 1 also includes – but not exclusively -: state of emergency (such as civil war, rebellion, riots, natural disasters, etc.); non-performance and force majeure of suppliers, deliverers or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transport problems, bad weather conditions and work interruptions.
- If a force majeure situation arises that prevents JOLA Tours & Trips from meeting one or more obligations to the customer, those obligations will be suspended until JOLA Tours & Trips can meet them again.
- From the moment that a force majeure situation has lasted at least 30 calendar days, both parties may dissolve the agreement in writing, in whole or in part.
- JOLA Tours & Trips does not owe any (damage) compensation in a force majeure situation, even if the situation of force majeure benefits from any advantage.
Services performed by third parties
JOLA Tours & Trips uses various partners for its services to perform services. Their own Terms & Conditions may apply to these third parties and their services.
Amendment of the agreement
If, after concluding the agreement, it is necessary for its implementation to change or supplement its contents, the parties will adjust the agreement accordingly in a timely manner and in mutual consultation.
Change of terms and conditions
- JOLA Tours & Trips is entitled to change or supplement these general terms and conditions.
- Changes of minor importance can be made at any time.
JOLA Tours & Trips will discuss major substantive changes with the customer in advance as much as possible.
Transfer of rights
- The rights of the customer from an agreement between the parties cannot be transferred to third parties without the prior written consent of JOLA Tours & Trips.
- This provision applies as a clause with property law effect as referred to in Section 3:83 (2) of the Dutch Civil Code.
Consequences of nullity or voidability
- If one or more provisions of these general conditions are found to be void or voidable, this will not affect the other provisions of these conditions.
- A provision that is invalid or voidable will in that case be replaced by a provision that comes closest to what JOLA Tours & Trips had in mind when drafting the conditions on that point.
Applicable law and competent law
- Dutch law applies exclusively to any agreement between the parties.
- The Dutch court in the district where JOLA Tours & Trips is established / has its own practice / has its office is exclusively authorized to take cognizance of any disputes between parties, unless the law requires otherwise.
Prepared on 02-04-2019
By JOLA Tours & Trips