Terms and conditions

These General Terms and Conditions govern Exprnce B.V., a private limited liability company, also operating under the name EXPRNCE, having its registered office at Rooseveltstraat 12 in Leiden, the Netherlands.

1. Definitions

1.1 Exprnce B.V.: a private limited liability company, also operating under the name EXPRNCE, having its registered office at Rooseveltstraat 12 in Leiden, the Netherlands.

1.2 Principal: a natural person who or legal entity that acts as EXPRNCE's other contractual party pursuant to the Agreement.

1.3 Guest: a natural person, and/or the person or persons who accompany him, to whom a service is provided on the ground of the Agreement concluded with the Principal. References in the General Terms and Conditions to a ‘Guest’ or the ‘Principal’ are intended to refer to both the Guest and the Principal unless it necessarily entails from the content and purport of the provision in question that the reference could only be to one of the two.

1.4 Agreement: the agreement that EXPRNCE and the Principal conclude with respect to the services that EXPRNCE will provide in the field of travel, conferences or events, the foregoing in the broadest sense of the words, such as the Principal’s entering into an agreement, i.e. in the capacity of Intermediary, for the provision of accommodation and/or food and/or drinks and/or auditorium space or other space and/or grounds and/or transport and/or other services and goods to the Principal by a Service Provider, and entering into a Travel Agreement (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code (Burgerlijk Wetboek)) with the Principal in the capacity of Tour Operator (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code), in exchange for payment of a price that the Principal will pay EXPRNCE.

1.5 Service Provider: the provider of the accommodation and/or the restaurant company and/or the audiovisual lease company and/or the carrier and/or the Tour Operator (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code) and/or another service provider with which EXPRNCE has entered into an Agreement on behalf of or for the benefit of the Principal for the provision of services and/or the supply of goods, and that is responsible for the provision of the service in question with due observance of the applicable conditions.

1.6 Contractual Value: the total value of the Agreement (including tourist taxes and VAT).

1.7 Tour Operator (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code): the party that offers the public at large or a group of persons trips that are planned in advance in the context of conducting its business. A party that acts as an Intermediary in the context of conducting its business for the benefit of a Tour Operator (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code) that does not have its registered office in the Netherlands will be deemed to be a Tour Operator (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code) in respect of its other contractual party.

1.8 Travel Agreement (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code): an agreement through which a Tour Operator (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code) undertakes towards its other contractual party to provide the organised trip that it has offered in advance, comprising an overnight stay or a period that exceeds 24 hours and at least two of the following services:

1.9 Traveller:

References in the General Terms and Conditions to the ‘Traveller’ or the ‘Principal’ are intended to refer to both the Traveller and the Principal unless it necessarily entails from the content and purport of the provision in question that the reference could only be to one of the two.

1.10 Intermediary: the party that, in the context of conducting its business, intermediates in the conclusion of agreements in the field of travel, conferences or events, the foregoing in the broadest sense of the words, including the provision of recommendations and information in that respect.

1.11 In these terms and conditions ‘written’ or ‘in writing’ is taken to include electronic communications.

2. Applicability

2.1 These General Terms and Conditions govern the conclusion and the content of the Agreement and all offers with respect to the conclusion of an Agreement, to the exclusion of any terms and conditions applied by the Principal. If the Agreement is nonetheless also governed by any other terms and conditions, the General Terms and Conditions will prevail in the event of any conflict.

2.2 It is possible to derogate from the provisions contained in the General Terms and Conditions only by means of a written document, from case to case.

2.3 These General Terms and Conditions also pertain to all natural persons whom and legal entities that EXPRNCE uses or has used in connection with the conclusion and/or performance of the Agreement. With respect to the part of the trip that is carried out by a carrier, the general terms and conditions of carriage applied by the carrier in question will apply. Those terms and conditions may be obtained via EXPRNCE or from the carrier in question.

3. Structure of the General Terms and Conditions/further outline

3.1 In view of the structure of the General Terms and Conditions, in the context of the parties’ rights and obligations it is important to take note of the capacity in which EXPRNCE will provide the agreed service(s).

For the record: if EXPRNCE is obliged to provide various services on the ground of the Agreement it will be necessary to determine in respect of each individual service in what capacity EXPRNCE is providing the service in question; thus, the various services may be provided in different capacities. The following options are possible:

1. EXPRNCE acts in the context of its capacity as an Intermediary

This capacity will apply in situations in which EXPRNCE provides the following services on the ground of the Agreement:

a.       intermediation in respect of a single service in connection with the conclusion of an agreement between the Principal and a Service Provider (including providing recommendations and information in that respect); or

b.      intermediation in respect of numerous services that do not fall within the scope of the definition of a Travel Agreement (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code) in connection with the conclusion of an agreement or agreements between the Principal and a Service  Provider or Service Providers (including providing recommendations and information in that respect).

The following provisions apply with respect to the conferences and events that EXPRNCE organises for the benefit of the Principal. With respect to the reservations (including  recommendations and information in that respect) that EXPRNCE makes in the context of organising conferences and events, EXPRNCE must be deemed to be an Intermediary, unless and insofar EXPRNCE must be deemed to be a Tour Operator (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code) in which case there must therefore be deemed to be a Travel Agreement (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code). The other services that EXPRNCE provides in the context of organising conferences and events, i.e. the services in respect of which EXPRNCE does not act as Intermediary or as a Tour Operator (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code), but rather as the actual service provider, fall within the scope of category 3.

EXPRNCE will enter into the agreement with the Service Provider in question on behalf of the Principal, in which case the Principal will be bound by the conditions of the Service Provider that the Service Provider has declared applicable upon the conclusion of the agreement in respect of the actual services provided. The Principal indemnifies EXPRNCE in respect of any and all claims in that respect. At the Principal’s request EXPRNCE will intermediate in connections with the Principal’s obtaining those conditions.

2. EXPRNCE acts in the context of the capacity of Tour Operator (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code), in which case there must therefore be deemed to be a Travel Agreement (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code)

This category will apply if EXPRNCE is deemed to be a Tour Operator (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code) under Dutch law (including mandatory provisions of European law), in which case there must therefore be deemed to be a Travel Agreement (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code).

The following provisions apply with respect to the conferences and events that EXPRNCE organises for the benefit of the Principal. If EXPRNCE provides numerous services in the context of conferences and events, it is possible that some of those services will fall within the scope of the definition of a Travel Agreement (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code) and other services will not. With respect to the services that do fall within the scope of the definition of a Travel Agreement (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code), EXPRNCE must be deemed to be a Tour Operator (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code) provided that all the other conditions have been met, in which case the other services will fall within the scope of category 1 or 3.

3. EXPRNCE does not act in the context of its capacity as an Intermediary or a Tour Operator (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code)

This category involves situations in which EXPRNCE provides one or more services in the context of which EXPRNCE does not act as an Intermediary or a Tour Operator (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code), but rather as the actual service provider.

For the sake of convenience reference is made to the provisions contained in Article 3.1(1) with respect to the conferences and events that EXPRNCE organises for the benefit of the Principal.

That differentiation is significant in view of the parties’ rights and obligations, and it will therefore be referred to in the General Terms and Conditions in all cases in which that is necessary and relevant.

4. Offer and acceptance

4.1 Every offer made by EXPRNCE is without engagement unless the offer in question constitutes an irrevocable offer within the meaning of Article 6:219(3) in conjunction with Article 6:217(2) of the Dutch Civil Code (Burgerlijk Wetboek).

4.2 An offer without engagement may be revoked immediately after receipt of the acceptance of the offer. Revocation must take place immediately and in any event within two working days after the Agreement is concluded.

4.3 EXPRNCE also will not be obliged to perform an agreement after the term referred to in Article 4.2 if and insofar as the offer or the written confirmation is based on a manifest error or mistake.

4.4 The room prices indicated in the offer apply per room per night and are exclusive of VAT, service charges of the hotel in question, city tax and breakfast. The room price does not include extra services (such as pay TV, minibar, pressing, porterage and room service); such extra services do not form part of the offer made by EXPRNCE

4.5 The other prices indicated in the offer are exclusive of VAT.

4.6 The prices referred to by EXPRNCE are based on the factors that determine the prices at the time at which the offer is made and/or the agreement is concluded. The class descriptions and flight information indicated in the offer are indicative in nature and cannot be guaranteed by EXPRNCE.

4.7 The provisions contained in Articles 4.4 to 4.5 will not apply if and insofar as the parties explicitly agree otherwise from case to case.

4.8 The Agreement will be concluded by means of the Principal’s acceptance of the offer made by EXPRNCE. The Principal may accept the offer in writing or orally. The Principal will be bound by the agreement after he has accepted the offer.

4.9 Even if the Principal enters into the Agreement with EXPRNCE only as an intermediary it, as well as its principal, will be jointly and severally liable in respect of all the obligations pursuant to the Agreement.

5. Obligations of the Principal and/or the Traveller

5.1 The Principal will provide EXPRNCE in a timely manner with the information required (including any further information required) regarding himself and his clients and/or their Guest(s). In the event that the information is not provided in a timely manner EXPRNCE will be entitled to charge the Principal a fee for administrative costs equal to 2% of the contractual value or in any event the relevant part of the contract, in addition to the costs that the supplier charges EXPRNCE.

5.2 The Principal agrees that EXPRNCE will be entitled to provide the information regarding the principal and any clients and/or their Guests, including the mobile telephone number and/or e-mail address, to the Service Providers (such as airlines). The Principal warrants towards EXPRNCE that any clients and/or their Guest(s) have given him permission to do so and indemnifies EXPRNCE in respect of any claims brought in that respect. If the Principal does not wish to permit such information to be provided or is in default in this respect, EXPRNCE will not be liable for any delays and/or other damage caused by the inability to inform the traveller(s) in a timely manner by or on behalf of EXPRNCE.

5.3 The Principal warrants towards EXPRNCE that:

1.       explicit permission has been obtained from the traveller(s) for the provision of their personal data to EXPRNCE and the processing of those personal data within the meaning of the Dutch Personal Data Protection Act (Wet bescherming persoonsgegevens) by EXPRNCE (including the provision of the personal data to service providers) insofar as necessary for the conclusion and performance of the Agreement and/or the Agreement with the service provider(s) and in order to optimise the services being offered; and

2.       the Principal will provide the Traveller(s) with all the information prescribed by law prior to acquiring the aforementioned permission, in any event including the following information:

a. which personal data it will provide to EXPRNCE;

b.      the fact that the services providers, including airlines, to which EXPRNCE provides personal data in connection with the provision of services may be obliged to comply with foreign authorities that may be located in countries outside the European Economic Area (EEA) that do not offer comparable protection of privacy as the countries within the EEA in accordance with the European Privacy Directive (95/46/EC), such as but not limited to the US Bureau of Customs and Border Protection;

c.       the fact that service providers may be located in countries outside the EEA that that do not offer comparable protection of privacy as the countries within the EEA in accordance with the European Privacy Directive (95/46/EC) and may be required to provide personal data to foreign authorities;

d.      the fact that travellers are entitled, within the limits set pursuant to the applicable laws and regulations, to request to inspect the personal data that EXPRNCE has in respect of them and if those personal data are factually incorrect, incomplete or irrelevant or are otherwise processed contrary to a statutory regulation, the Traveller may request to have those data corrected, supplemented, deleted or protected, and they can contact EXPRNCE for more information regarding their rights and/or such a request; and

e.      any and all other information that is necessary to ensure that the personal data in respect of the Travellers are properly and carefully processed by EXPRNCE.

5.4 After the Agreement has been concluded the Principal will be responsible for obtaining any additional information necessary from the relevant authorities and will verify in a timely manner prior to the departure or the commencement of the conference or the commencement of the event whether the information obtained earlier has been changed since that time.

5.5 The Principal and/or the Traveller(s) or Guest(s) is/are obliged to comply with all the instructions given by EXPRNCE in order to ensure the proper provision of the service(s) (including but not limited to instructions with respect to the check-in times and transfer times) and are liable towards EXPRNCE and/or the service providers for any and all damage that ensues from or is otherwise related to their acts and/or omissions, or they will be obliged to bear their own damage caused as a result.

5.6 A Traveller or Guest that causes so much trouble or nuisance that the proper provision of the service(s) is significantly impeded or could be significantly impeded as a result may be excluded from the service(s) by EXPRNCE and/or the service provider(s) if the Service Provider(s) cannot reasonably be expected to comply with the Agreement. Any and all damage caused as a result will be for the Principal’s account.

5.7 The Principal and/or the Traveller(s) and or Guest(s) are obliged to prevent and/or limit any damage (or any further damage), including by notifying EXPRNCE as quickly as possible of any complaints.

6. Conformity

6.1 With respect to EXPRNCE acting in the context of its capacity as an Intermediary

6.1.1 EXPRNCE is obliged to perform the Agreement or provide the agreed service(s) in accordance with the expectations that the Principal is reasonably entitled to have on the ground of the Agreement.

6.2 With respect to EXPRNCE acting in the context of its capacity as a Tour Operator (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code), in which case there must therefore be deemed to be a Travel Agreement (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code)

6.2.1 EXPRNCE is obliged to perform the Travel Agreement (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code) in accordance with the expectations that the Principal is reasonably entitled to have on the ground of the Travel Agreement.

6.2.2 If the trip does not proceed in accordance with the expectations that the Principal or the Traveller is reasonably entitled to have on the ground of the Travel Agreement (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code), EXPRNCE will be obliged to compensate the damage, in the manner indicated in Article 14.1(II), unless the failure to perform cannot be attributed to it or to the person whose help it has used in performing the agreement because:

a.       the failure to perform the Travel Agreement (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code) can be attributed to the Principal; or

b.      the failure to perform the Travel Agreement (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code) could not have been expected, could not have been remedied and can be attributed to a third party who was not involved in supplying the services included in the trip; or

c.       the failure to perform the agreement was caused by a situation involving force majeure within the meaning of Article 7:504(3)(b) of the Dutch Civil Code or by an event that EXPRNCE or the party whose help it has used in performing the Travel Agreement (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code) could not have anticipated or remedied even if all due care was exercised.

6.2.3 EXPRNCE is required to provide the Traveller or Principal with help and assistance, in accordance with the circumstances, if the trip does not proceed in accordance with the expectations that the Traveller or Principal is reasonably entitled to have on the ground of the Travel Agreement (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code). If it is the Traveller or the Principal who is to blame for those circumstances, EXPRNCE will be obliged to provide help and assistance only insofar as it can reasonably be expected to do so, in which case the costs related to the help or assistance that it provides will be paid by the Traveller or the Principal. EXPRNCE will pay the costs related to the help or assistance that it provides if the failure to perform can be blamed on the person whose help it has used in the performance of the Agreement in accordance with Article 6.2.2.

6.3 With respect to EXPRNCE not acting in the context of its capacity as an Intermediary or a Tour Operator (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code); EXPRNCE acting as the actual service provider

6.3.1 EXPRNCE is obliged to perform the Agreement or provide the agreed service(s) in accordance with the expectations that the Principal is reasonably entitled to have on the ground of the Agreement.

7. Termination by EXPRNCE

7.1 With respect to EXPRNCE acting in the context of its capacity as an Intermediary

7.1.1 Exprnce B.V. may terminate the Agreement or the agreed service(s) only as a result of weighty circumstances of which it informs the Principal immediately. Such weighty circumstances are taken to mean circumstances that are of such a nature that Exprnce B.V. cannot reasonably be expected to be bound by the Agreement or the agreed service(s).

7.1.2 EXPRNCE is not liable for any disadvantage or damage that ensues from termination of the Agreement with the Principal.

7.2 With respect to EXPRNCE acting in the context of its capacity as a Tour Operator (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code), in which case there must therefore be deemed to be a Travel Agreement (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code)

7.2.1 Without prejudice to the provisions contained in Article 8.2.5, EXPRNCE may terminate the Travel Agreement (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code) only as a result of weighty circumstances of which it informs the Principal immediately.

7.2.2 If EXPRNCE terminates the Agreement as a result of a circumstance that cannot be attributed to the Principal it must offer the Principal another trip having the same or better quality. Without prejudice to the provisions contained in Article 7.2.3, if the Principal does not accept that offer he will be entitled to a refund or waiver of the total travel costs or, if the trip has already been taken in part, a proportionate amount of those costs. By refunding any amounts paid by the Principal, EXPRNCE will be fully discharged in respect of its obligations.

7.2.3 In the event that the Agreement is terminated EXPRNCE will reimburse the Principal, with due observance of the provisions contained in Article 14.1(II), for any pecuniary loss that the Principal has sustained, in addition to an amount as compensation for the loss of travel enjoyment, unless:

a. EXPRNCE terminates the Travel Agreement because the number of reservations is less than the required minimum and the Principal has been notified of the termination within the term indicated in the Travel Agreement; or

b. the termination is the result of a situation involving force majeure, which does not include overbooking. For these purposes force majeure is taken to mean abnormal and unexpected circumstances that are outside the control of the party that invokes force majeure and whose consequences could not have been avoided in spite of any and all precautionary measures.

7.2.4 In the event that the cause of the dissolution can be attributed to the Principal, he will be liable towards EXPRNCE and/or the Service Provider to compensate any and all resulting damage.

7.3 With respect to EXPRNCE not acting in the context of its capacity as an Intermediary or a Tour Operator (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code); EXPRNCE acting as the actual service provider

7.3.1 EXPRNCE may terminate the Agreement or the agreed service(s) only on the ground of weighty circumstances of which it informs the Principal immediately. Such weighty circumstances are taken to mean circumstances that are of such a nature that Exprnce B.V. cannot reasonably be expected to be bound by the Agreement or the agreed service(s).

7.3.2 EXPRNCE is not liable for any disadvantage or damage that ensues from termination of the Agreement with the Principal.

8. Amendment to the Agreement by EXPRNCE

8.1 With respect to EXPRNCE acting in the context of its capacity as an Intermediary

8.1.1 If the VAT rate is increased in the period between the conclusion of the Agreement and the performance of the Agreement, the increase will be for the Principal’s account.

8.1.2 If after the Agreement is concluded the factors that determine the cost price of the services that have been reserved and/or the services that are to be delivered, including fuel costs and duties or taxes that are due, on which EXPRNCE has based the price are increased, EXPRNCE will be entitled to charge such increases on to the Principal.

8.1.3 EXPRNCE is not liable towards the Principal for any disadvantage or damage that ensues from such a change.

8.2 With respect to EXPRNCE acting in the context of its capacity as a Tour Operator (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code), in which case there must therefore be deemed to be a Travel Agreement (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code)

8.2.1 EXPRNCE will be entitled to change the agreed provision of services in respect of one or more essential points as a result of weighty circumstances of which it informs the Principal immediately. The Principal will have the right to reject such changes. The Principal must exercise that right within three working days of receiving the notification, on pain of the right lapsing.

8.2.2 EXPRNCE will also be entitled to change the agreed provision of services in respect of one or more minor points as a result of weighty circumstances of which it informs the Principal immediately. The Principal will have the right to reject such changes only if they are to his detriment to more than a minor extent. The Principal must exercise that right within three working days of receiving the notification, on pain of the right lapsing.

8.2.3 Up to 20 days before the trip commences EXPRNCE will be entitled to increase the contractual amount in connection with changes to transport costs, including the fuel costs, the taxes due or the applicable exchange rates. In such cases EXPRNCE will indicate the manner in which the increase has been charged on. The Principal will have the right to reject such an increase. The Principal must exercise that right within three working days of receiving the notification, on pain of the right lapsing.

8.2.4 No further price increases will be implemented within 20 days before departure unless, at the explicit request of the Principal, the names of the travellers have not yet been definitively communicated and as a result the airline tickets have not yet been definitively printed. In such cases the total travel costs may be adjusted so that they are in line with the actual transport costs at the time at which the tickets are printed.

8.2.5 EXPRNCE will be entitled to terminate the Agreement after a rejection within the meaning of Articles 8.2.1 to 8.2.3. EXPRNCE must exercise that right within seven working days of receiving the notification of the rejection, on pain of the right lapsing, in which case the Principal will be entitled to a refund or waiver of the total travel costs or, if the trip has already been taken in part, a proportionate amount of those costs. By its refunding any amounts paid by the Principal EXPRNCE will be fully discharged in respect of its obligations. If EXPRNCE does not terminate the Agreement after a rejection by the Principal within the meaning of Articles 8.2.1 to 8.2.3, EXPRNCE will also reimburse the Principal for any pecuniary loss that the Principal has sustained, in addition to an amount as compensation for the loss of travel enjoyment, with due observance of the provisions contained in Article 14.1(II), unless:

a.       EXPRNCE terminates the Travel Agreement because the number of reservations is less than the required minimum and the Principal has been notified of the termination within the term indicated in the Travel Agreement; or

b.      the termination is the result of a situation involving force majeure, which does not include overbooking. For these purposes force majeure is taken to mean abnormal and unexpected circumstances that are outside the control of the party that invokes force majeure and whose consequences could not have been avoided in spite of any and all precautionary measures.

8.3 With respect to EXPRNCE not acting in the context of its capacity as an Intermediary or a Tour Operator (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code); EXPRNCE acting as the actual service provider

8.3.1 If the VAT rate is increased in the period between the time at which the Agreement is concluded and the time at which the Agreement is performed, the increase will be for the Principal’s account.

8.3.2 If after the Agreement is concluded the factors that determine the cost price of the goods to be delivered or the services to be provided, on which EXPRNCE has based the price, are increased, EXPRNCE will be entitled to charge such increases on to the Principal.

8.3.3 EXPRNCE is not liable towards the Principal for any disadvantage or damage that ensues from such a change.

9. Changes by the Principal

9.1 EXPRNCE will make amendments to parts of the Agreement at the Principal’s request if and insofar as possible. The related costs, including the fee owed to EXPRNCE in that context, will be charged on.

9.2 Unless the parties explicitly agree otherwise in writing, the Principal’s decreasing the number of participants in the trip (transport and/or accommodation) or the conference or the event will be deemed to be a full or partial cancellation by the Principal, and Article 12 will apply in that respect.

10. Special provisions governing trips (transport and/or accommodation), conferences and events

10.1 Insurance

10.1.1 EXPRNCE is willing to intermediate in connection with taking out any travel and/or cancellation insurance that is needed.

10.2 Documents/visas/inoculations

10.2.1 EXPRNCE will provide the Principal (or will ensure that the Principal is provided with) general information, as it applies in the Netherlands, regarding passports, visas and any health-related formalities in any event not later than the time at which the Agreement is concluded.

10.2.2 The Principal must ensure that, upon departure and during the trip or the conference or the event, the Traveller(s) or Guest(s) is/are in possession of the travel documents required, such as a valid passport, any visas that are required, proof of inoculations, etc.

10.2.3 If the Traveller or a Guest cannot take the trip or cannot participate in the conference or the event because he or she does not have the above-mentioned documents, any consequences will be completely for his account or for the Principal’s account.

11. Payment conditions

11.1 Payment must be made in euros to the bank account indicated by EXPRNCE, unless the parties have explicitly agreed otherwise in writing.

12. Cancellation by the Principal

12.1 The Principal will be entitled to cancel the Agreement only if it pays EXPRNCE the amounts indicated below.

12.2 Notification of cancellations must be given in writing. The cancellation date will be deemed to be the date on which EXPRNCE has received that written notification.

12.3 The Principal will be obliged to pay the contract value in the event that the Principal is a no-show.

12.4 If not all of the agreed services are cancelled, the following provisions will apply pro rata in respect of the services that have been cancelled.

12.5 The advance that the Principal has paid in accordance with Article 11.2 will be set off against the amount that the Principal owes on the ground of the following article. The Principal must have transferred to remaining amount to one of EXPRNCE's accounts within 14 days after receipt of the invoice. Articles 11.1, 11.3, and 11.6 to 11.8 will apply.

12.6 The following provisions will apply unless the parties have explicitly agreed otherwise in writing:

A.      With respect to EXPRNCE acting in the context of its capacity as an Intermediary or in the context of its capacity as a Tour Operator (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code), in which case there must therefore be deemed to be a Travel Agreement (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code)

The following provisions will apply in such cases:

1.       In the event of a cancellation not later than six months before the commencement date of the trip (transport and/or accommodation) or the conference or the event, the Principal will be obliged to pay EXPRNCE 10% of the contract value.

2.       In the event of a cancellation less than six months but more than three months before the commencement date of the trip (transport and/or accommodation) or the conference or the event, the Principal will be obliged to pay EXPRNCE 50% of the contract value.

3.       In the event of a cancellation less than three months but more than one month before the commencement date of the trip (transport and/or accommodation) or the conference or the event, the Principal will be obliged to pay EXPRNCE 75% of the contract value.

4.       In the event of a cancellation less than one month before the commencement date of the trip (transport and/or accommodation) or the conference or the event, the Principal will be obliged to pay EXPRNCE 100% of the contract value EXPRNCE will be entitled to deviate from the foregoing provisions at any time if the conditions applied by a Service Provider with which it has concluded an agreement on behalf of or for the benefit of the Principal gives cause to do so (stricter provisions).

5. When on the product page is specifically mentioned that cancellation is not possible, the customer does not have any rights to previous 4 options. 

B.      With respect to EXPRNCE not acting in the context of its capacity as an Intermediary or a Tour Operator (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code); EXPRNCE acting as the actual service provider

The Principal will be obliged to pay EXPRNCE 100% of the contract value.

13. Force majeure

13.1 In the event of a situation involving force majeure on the part of EXPRNCE, it will be entitled to dissolve the Agreement by means of a written notification at any time, in which case the Principal will not be entitled to compensation of any kind.

13.2 If EXPRNCE has acted in its capacity as an Intermediary and a Service Provider cancels the reservation(s) on the ground of force majeure (including fires, floods, earthquakes or other natural disasters), that will not in any way affect the other parts of the Agreement that the Principal and EXPRNCE have concluded. With respect to the service(s) that the Service Provider has cancelled on the ground of force majeure, the Principal will be obliged to pay EXPRNCE the intermediation fee owed to EXPRNCE in respect of the services that have been cancelled. Articles 11.1, 11.3, and 11.6 to 11.8 will apply in respect of the payment of that remuneration; EXPRNCE will be entitled to set off such amounts.

14. Liability

14.1 If EXPRNCE is liable for any damage, that liability will be limited as follows:

I.                    With respect to EXPRNCE acting in the context of its capacity as an Intermediary

The following provisions will apply in such cases:

1.       Under no circumstances is EXPRNCE liable for any acts and/or omissions on the part of the Service Provider in question or for the correctness of the information that the Service Provider provides. The Service Provider in question will be exclusively liable, with due observance of the applicable conditions, in respect of the provision of the service in question. The Service Provider in question will be exclusively liable for any and all claims for damage that ensue from the transfers of funds by that Service Provider.

2.       EXPRNCE also does not accept any liability if it is unable to carry out the assignment as a result of a situation involving force majeure. Force majeure is taken to mean a breach in respect of the compliance with any obligations as a result of unexpected circumstances that could not have been prevented in spite of any and all reasonable preventative measures to be taken. In particular, force majeure includes delays caused by technical defects in the means of transport, weather conditions, traffic, strikes, acts of war, riots, threats of terrorism, blockades, missed connections, overbooking, changes to the trip made by the service provider or cancellation by the service provider.

3.       EXPRNCE does not accept any liability in respect of the correctness of any information provided by or on behalf of the service providers used, including but not limited to photographs, brochures and other information materials.

4.       Insofar as EXPRNCE commits breach of contract itself and the Principal sustains damage as a result (including damage caused by a loss of travel enjoyment), EXPRNCE 's liability will be limited to a maximum of 25% of the contract value of the Agreement, or in any event the part of the Agreement to which the liability relates.

5.       EXPRNCE cannot be held liable for any inability to pay on the part of the Service Provider.

6.       Liability for damage for which the Principal and/or his customer and/or Guest or the Traveller is insured (for example by means of travel and/or cancellation insurance or health insurance) and liability for any damage that the Principal and/or the Traveller sustains in the context of practising a profession or conducting a business (including any damage caused by missed connections or a failure to arrive at the destination on time) is excluded.

II. With respect to EXPRNCE acting in the context of its capacity as a Tour Operator (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code), in which case there must therefore be deemed to be a Travel Agreement (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code)

If pursuant to Dutch law (including mandatory provisions of European law) EXPRNCE must be deemed to be a Tour Operator (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code) and thus, among other things, a package tour is involved that has been organised in advance and subsequently offered, there must be deemed to be a Travel Agreement (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code) and the following provision will apply.

1.       With respect to liability to damage caused by the death of or bodily injury to the Traveller. If a treaty applies in respect of a service that is included in the Travel Agreement (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code), EXPRNCE will be entitled to invoke an exclusion or limitation of the liability for damage, caused by the death of or bodily injury to the Traveller, that that treaty allocates or allows in respect of it in that capacity.

2.       The following provisions apply with respect to liability for damage other than the damage referred to in Article 14(II)(1):

a.       If EXPRNCE provides the services included in the Travel Agreement (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code) itself, its liability will be limited to three times the total travel costs unless there has been an intentional act or omission or gross recklessness in the knowledge that the damage in question would likely be the result.

b.      Insofar as EXPRNCE does not provide the services included in the Travel Agreement (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code) itself, its liability will be limited to three times the total travel costs.

3.       If EXPRNCE is liable towards the Principal or the Traveller or a Guest for a loss of travel enjoyment, the maximum remuneration will be equal to one times the total travel costs.

4.       Liability for damage for which the Principal and/or his customer and/or Guest or the Traveller is insured (for example by means of travel and/or cancellation insurance or health insurance) is excluded.

5.       EXPRNCE will not be obliged to compensate any damage sustained by the Principal in the event that:

a.       the breach in respect of the performance of the agreement can be attributed to the principal or the traveller; or

b.      the breach in respect of the performance of the agreement could not have been anticipated or could not have been alleviated and can be attributed to a third party who was not involved in the provision of the services included in the trip; or

c.       the breach in respect of the performance of the agreement was caused by an event that EXPRNCE or the party whose help it has used in performing the agreement could not have been anticipated or remediated even if all due care had been exercised; or

d.      the breach in respect of the performance of the agreement was caused by a situation involving force majeure. Force majeure is taken to mean abnormal or unexpected circumstances that are outside the control of the party invoking it, the consequences of which could not have been avoided in spite of all due precautionary measures.

6.       The exclusions and/or limitations of EXPRNCE 's liability included in this Article also apply in respect of the employees of EXPRNCE, the booking office and the services providers in question and their personnel.

III. With respect to EXPRNCE not acting in the context of its capacity as an Intermediary or a Tour Operator (within the meaning of Articles 7:500 et seq. of the Dutch Civil Code); EXPRNCE acting as the actual service provider

The following provisions will apply in such cases:

1.       Insofar as EXPRNCE commits breach of contract and the Principal sustains damage as a result, the liability of EXPRNCE will be limited to a maximum equal to 100% of the contract value of the Agreement or in any event to the part of the Agreement to which the liability relates.

2.       The liability for damage for which the Principal and/or his customer and/or Guest or the Traveller is insured (for example by means of travel and/or cancellation insurance or health insurance) and liability for any damage that any of them sustains in the context of practising a profession or conducting a business (including any damage caused by missed connections or a failure to arrive at the destination on time) is excluded.

14.2 Under no circumstances will Exprnce B.V. be liable to compensate indirect damage (including but not limited to consequential damage, loss of profit, loss of savings and damage caused by business interruption) or any damage that the principal or the traveller sustains in the context of practising a profession or conducting a business.

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