Terms & Conditions
- JOLA Tours & Trips: JOLA Tours & Trips, situated in Katwijk under Chamber of Commerce number 74279742
- Customer: the person with whom JOLA Tours & Trips has entered into an agreement.
- Parties: JOLA Tours & Trips
- Players: everyone who plays / participates in the Schnipseljagd
- Schnipseljagd: name for all the products/scavenger hunts called Schnipseljagd/Discovery Tour/ etc. by JOLA Tours & Trips
2 Applicability of Terms and Conditions JOLA
- These Terms and Conditions govern the contractual obligations between JOLA Tours & Trips and the customer and players, as well as the conditions for participation in the Schnipseljagd.
- These Terms & Conditions apply to all offers, work, orders, agreements and deliveries of services by or on behalf of JOLA Tours & Trips.
- When the user orders a product from JOLA Tours & Trips, he agrees with these Terms and Conditions.
- Insofar as the user has ordered a product for / on behalf of other players, the agreement is also valid for / on behalf of other players. The user is responsible for timely informing the fellow players of these General Terms and Conditions.
- has the right to unilaterally amend these General Terms and Conditions at any time.
- Parties can only deviate from these conditions if they have explicitly agreed in writing.
- JOLA Tours & Trips explicitly exclude the applicability of additional and / or deviating general terms and conditions of the customer or third parties.
Participation conditions all players
- Participation in the Schnipseljagd (or other products or services of JOLA Tours & Trips) is entirely at your own risk. The conclusion of liability insurance is the individual responsibility of each player, but is recommended by JOLA Tours & Trips.
- Accordingly, JOLA Tours & Trips is in no way liable for damage to, from or by the customer/player or third parties, directly or indirectly, which has arisen or caused in any way whatsoever.
- The above also applies to anyone or third parties acting on behalf of JOLA Tours & Trips; For example, employees, partners, representatives and volunteers.
- The customer and players are jointly and severally liable for all damages caused by them. Caregivers and/or parents are responsible for and in addition to their children.
- JOLA Tours & Trips is in no way liable for third-party services provided by them.
- If JOLA Tours & Trips is liable, this liability is limited to the amount paid out by a closed (professional) liability insurance and in the absence of (full) payment by an insurance company of the damages amount, the liability is limited to the (part of the) invoice amount to which the liability relates.
- The Schnipseljagd is an unaccompanied, selfguided tour, which means that players only receive directions. Players are responsible for their own (and fellow players) actions or omissions while playing the Schnipseljagd.
- As a customer, as well as all players of the Schnipseljagd, you agree to: all solutions, answers, hints, all other assignments and information from the JOLA Schnipseljagd , not telling/distributing/using in any way whatsoever, with or to third parties who have not yet played the Schnipseljagd, or use it for your/their own or commercial purposes.
- JOLA Tours & Trips asks all players to show respect for the environment in which they play the Schnipseljagd. In particular, we mean respect for the city and village inhabitants, their property and privacy, as well as nature and environment.
7 Watch out for yourself
- We also want to alert all players to the fact that they play on the street, surrounded by traffic. We ask everyone to pay close attention, because traffic can often be very busy and chaotic.
- When ordering one or more products at JOLA Tours & Trips, for the proper execution of our services, the personal data of the customer is collected, stored and processed in accordance with the legal provisions.
- JOLA Tours & Trips, through the use of the webapp, feedback- or contact form, website, e-mail, social media or other means, the customer or player authorizes that this data is processed by JOLA Tours & Trips.
9 Conclusion of the agreement
- The information on the website www.jolatours.com or in the documents (e.g. flyers, advertising leaflets, information brochures, etc.) From JOLA Tours & Trips are always without obligation. They only serve to inform about the offer of JOLA Tours & Trips, in particular to describe the Schnipseljagd and other products, and to invite potential customers to submit an order at JOLA Tours & Trips (“Invitatio ad offerendum”).
10 No right of withdrawal
- The user is aware that there is no right of withdrawal.
- All prices used by JOLA Tours & Trips are in euros, include VAT and exclude any other costs.
- All prices of JOLA Tours & for its products or services, on its website or otherwise communicated, may change JOLA Tours & Trips at any time.
- The price related to 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.
12 Consequences of not paying
- If the customer does not pay immediately when ordering the product, no new order will be placed and there is no agreement between JOLA and the customer. In the absence of payment, the order will expire.
- When no agreement is established, there is no obligation for JOLA Tours & Trips to deliver the product. Access to the Schnipseljagd is only provided when the customer meets his payment obligation at the same time as the product is ordered.
- It is not possible to pay for products from the webshop afterwards. For other products or services, deviations can be made per agreement.
13 Customer Information
- The customer makes all information and data, relevant to the correct execution of the agreement, available. This information contains the user’s name and e-mail address.
- 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 available, reasonably required by JOLA Tours & Trips and the execution of the agreement is affected as a result, like if the product link e-mail is delivered to the wrong address, then the resulting additional costs come for the account of the customer.
14 Force Majeure
- In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure on the part of JOLA Tours & Trips in the fulfillment of any obligations towards the customer, cannot be imputed to JOLA Tours & Trips, by a cause beyond the reasonable control of JOLA Tours & Trips, 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.
- JOLA Tours & Trips is not liable for damage for reasons beyond its responsibility and impact.
- The force majeure situation referred to in paragraphs 1 and 2 shall include, but not limited to: State of emergency (such as civil War, insurgency, riots, natural disasters, etc.); 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, traffic accidents, bad weather conditions, events and work interruptions.
- If there is a situation in which JOLA Tours & Trips 1 or more obligations to the customer cannot be fulfilled, those obligations will be suspended until JOLA Tours & Trips can fulfill those obligations.
- From the moment a force majeure has lasted at least 30 calendar days, both parties may terminate the agreement in writing in whole or in part. To JOLA Tours & Trips the e-mail can be addressed to: email@example.com.
- JOLA Tours & Trips does not owe any (damage) compensation in the case of a force majeure, even if the result of the force majeure is enjoying any advantage.
15 Duration of the agreement
- The duration of the agreement is one-off.
16 Intellectual property
- 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 webapp, this information can be found at the INFO button.
- The customer 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.
17 Penalty clause
- 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 € 1.000 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.
18 Notice of default
- The customer must notify a notice of default to JOLA Tours & Trips in writing.
- It is the responsibility of the customer that a notice of default actually reaches JOLA Tours & Trips in time.
- The Schnipseljagd and other products/services from JOLA are in the open air and the posts about which the questions go are public and open to the public. Despite regular inspection and control of each Schnipseljagd tour, it is possible that individual parts and/or objects for a short period of time are not or are not fully accessible (e.g. due to events such as; the Weather, destruction/damage, maintenance work, road breaks, traffic accidents). The participants in this case are not entitled to warranty and/or liability for damage TO JOLA Tours & Trips. However, JOLA Tours & Trips together with the user will look for a satisfied solution
20 Right to dissolution
- 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 (3) questions have been answered. We can also check this ourselves. Regardless of the reason that the user / customer does not want to, or 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.
21 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.
22 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.
23 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.
By JOLA Tours & Trips on: 30-07-2019.