General Terms and Conditions Number 1 Tickets & Travel BV
These General Terms and Conditions apply to all offers and agreements made with Number 1 Tickets & Travel, trading as Number 1 Football Travel.
These General Terms and Conditions of Stichting Webshop Keurmerk were drafted in consultation with the Consumentenbond [Consumer’s Association] in the context of the Self-regulation Coordination Group [Coördinatiegroep Zelfreguleringsoverleg CZ] of the Socioeconomic Council [Sociaal-ecomische Raad] and come into force on 1 June 2014.
- Article 1 - Definitions
- Article 2 - The Entrepreneur’s identity
- Article 3 - Applicability
- Article 4 - The offer
- Article 5 - The agreement
- Article 6 - Right of withdrawal
- Article 7 - Consumer’s obligations during the reflection period
- Article 8 - Exercising the Consumer’s right of withdrawal and the costs
- Article 9 - Entrepreneur’s obligation in case of withdrawal
- Article 10 - Exclusion of the right of withdrawal
- Article 11 - The price
- Article 12 - Compliance and extra guaranty
- Article 13 - Delivery and execution
- Article 14 - Continuing performance contract: duration, termination and extension
- Article 15 - Payment
- Article 16 - Complaints procedure
- Article 17 - Disputes
- Article 18 - Additional or varying provisions
- Article 19 - Amendment to the General Terms and Conditions of Webshop Keurmerk
CONTENTS Number 1 Football Travel
- Article 1 – Misconduct
- Article 2 – Liability
- Article 3 – Force majeure
- Article 4 – Travel itinerary and travel documents
- Article 5 – Membershipcards
- Article 6 – Match time and dates
- Article 7 – Amendments
- Article 8 – Unforeseen circumstances
Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the following meanings:
- Additional agreement: an agreement in which the Consumer acquires products, digital content and/or services with respect to a distance agreement and these goods, digital content and/or services are delivered by the Entrepreneur or a third party on the basis of an arrangement between this third party and the Entrepreneur;
- Reflection period: the period during which the Consumer may use his right of withdrawal;
- Consumer: the natural person who does not act for purposes related to his/her commercial, trade, craft or professional activities;
- Day: calendar day;
- Digital content: data produced and delivered in digital form;
- Continuing performance contract: a contract serving to deliver goods, services and/or digital content in a given period;
- Sustainable data carrier: any means, including email, that allow the Consumer or the Entrepreneur to store information directed to him/her personally in such a manner that makes future consultation and use possible during a period that matches the purpose for which the information is destined and which makes unaltered reproduction of the stored information possible.
- Right of withdrawal: the Consumer’s option not to proceed with the distance agreement within the cooling-off period;
- Entrepreneur: the natural of legal person who is a member of Stichting Webshop Keurmerk and who provides products, (access to) digital content and or services to Consumers at a distance;
- Distance contract: a contract concluded by the Entrepreneur and the Consumer within the scope of an organised system for distance selling products, digital content and/or services, whereby exclusive or additional use is made of one or more technologies of distance communication up to the conclusion of the contract;
- Standard form for withdrawal: the European standard form for withdrawal included in Appendix 1;
- Technology for distance communication: a means to be used for concluding an agreement without the Consumer and the Entrepreneur being together in the same place at the same time.
Article 2 – Number 1 Football Travel
Number 1 Tickets & Travel BV
Julianaweg 141 JJ
1131 DL Volendam
Nr.: 0031 299 – 748179
Mon – Fri 08:00 till 17.00 hrs
Sat 10:00 till 16:00 hrs
E-mail: [email protected]
Article 3 – Applicability
- These General Terms and Conditions apply to any offer from the Entrepreneur and to any distance contract concluded by the Entrepreneur and the Consumer.
- Before concluding a distance contract, the Entrepreneur shall make the text of these General Terms and Conditions available free of charge and as soon as possible. If this is reasonably impossible, the Entrepreneur shall indicate in what way the General Terms and conditions can be inspected and that they will be sent free of charge if so requested, before the distant contract is concluded.
- If the distance contract is concluded electronically, the text of these General Terms and Conditions, in deviation from the previous section and before the distance contract is concluded, may also be supplied to the Consumer electronically in such a way that the Consumer can easily store it on a long-term data carrier. If this is reasonably impossible, it will be specified where the General Terms and Conditions can be viewed electronically and that they will be sent to at the Consumer´s request free of charge, either via electronic means or otherwise, before concluding the distance contract;
- In the event that specific product or service condition apply in addition to these General Terms and Conditions, the second and third paragraphs shall apply accordingly, and in the event of contradictory terms and conditions, the Consumer may always appeal to the applicable provision that is most favourable to him/her.
Article 4 – The offer
- If an offer is of limited duration or if certain conditions apply, it shall be explicitly stated in the offer.
- The offer contains a full and accurate description of the products, digital content and/or services offered. The description is suitably detailed to enable the Consumer to assess the products, or services and/or digital content adequately. If the Entrepreneur makes use of pictures, they are truthful images of the products and/or services provided. Obvious errors or mistakes in the offer do not bind the Entrepreneur.
- All offers contain such information that it is clear to the Consumer what rights and obligations are attached to accepting the offer.
Article 5 – The contract
- Subject to the provisions in paragraph 4, the contract becomes valid when the Consumer has accepted the offer and fulfilled the terms and conditions set.
- If the Consumer accepted the offer via electronic means, the Entrepreneur shall promptly confirm receipt of having accepted the offer via electronic means. As long as the receipt of said acceptance has not been confirmed, the Consumer may repudiate the contract.
- If the contract is concluded electronically, the Entrepreneur will take appropriate technical and organisational security measures for the electronic data transfer and ensure a safe web environment. If the Consumer can pay electronically, the Entrepreneur shall observe appropriate security measures.
- The Entrepreneur may, within the limits of the law, gather information about Consumer’s ability to fulfil his payment obligations, and all facts and factors relevant to responsibly concluding the distance contract. If, acting on the results of this investigation, the Entrepreneur has sound reasons for not concluding the contract, he is lawfully entitled to refuse an order or request supported by reasons, or to attach special terms to the implementation.
Before delivering the product, the Entrepreneur shall send the following information along with the product, the service or the digital content in writing or in such manner that the Consumer can store it in an accessible manner on long-term data carrier:
- a. the visiting address of the Entrepreneur´s business establishment where the Consumer may get into contact with any complaints;
- b. the conditions on which and the manner in which the Consumer may exercise the right of withdrawal, or, as the case may be, clear information about his being exempted from the right of withdrawal;
- c. the information corresponding to existing after-sales services and guarantees;
- d. The price including all taxes of the product, service or digital content, where applicable the delivery costs and the way of payment, delivery or implementation of the distance contract;
- e. the requirements for cancelling the contract if the contract has a duration of more than one year or for an indefinite period of time.
- f. the standard form for withdrawal if the Consumer has the right of withdrawal.
In case of a continuing performance contract, the stipulation in the previous paragraph only applies to the first delivery.
Article 6 – Right of withdrawal*
Article 7 – Consumer’s obligations during the time of reflection*
Article 8 – Exercising the Consumer’s right of withdrawal and the costs*
Article 9 – Entrepreneur’s obligations in case of withdrawal*
Article 10 - Exclusion of the right of withdrawal*
*Please note that Article 6 to 10 do NOT apply to the event sector nor the Travel Agency Branch. Therefore, at Number 1 Football Travel the following conditions regarding Right of withdrawal are applied:
Consumer has the right to cancel a booking within 24 hours – only when a package deal without a flight is booked. In such case, Consumer will get a refund, with the exception of the organisation costs of the event, credit card charges and administration costs.
The Consumer cannot revoke his purchase if a booking with flight is made.
If a cancellation is made within less than 24 hours, a bank transfer will be made within 4 working days. A cancellation is not redeemable for cash.
Article 11 - The price
- The prices of the products and/or services provided shall not be raised during the validity period given in the offer, subject to changes in price due to changes in VAT rates.
- Contrary to the previous paragraph, the Entrepreneur may offer products or services whose prices are subject to fluctuations in the financial market that are beyond the Entrepreneur’s control, at variable prices. The offer will state the possibility of being subject to fluctuations and the fact that any indicated prices are target prices.
- Price increases within 3 months after concluding the contract are permitted only if they are the result of new legislation.
- Price increases from 3 months after concluding the contract are permitted only if the Entrepreneur has stipulated it and
a. they are the result of legal regulations or stipulations, or
b. the Consumer has the authority to cancel the contract before the day on which the price increase starts.
- All prices indicated in the provision of products or services are including VAT.
Article 12 – Performance of an agreement and extra Guarantee
- The Entrepreneur guarantees that the products and/or services comply with the contract, with the specifications listed in the offer, with reasonable requirements of usability and/or reliability and with the existing statutory provisions and/or government regulations on the day the contract was concluded. If agreed, the Entrepreneur also guarantees that the product is suitable for other than normal use.
- An extra guarantee offered by the Entrepreneur, his Supplier, Manufacturer or Importer shall never affect the rights and claims the Consumer may exercise against the Entrepreneur about a failure in the fulfilment of the Entrepreneur’s obligations if the Entrepreneur has failed in the fulfilment of his part of the agreement.
- ‘Extra guarantee’ is taken to mean each obligation by the Entrepreneur, his Supplier, Importer or Manufacturer in whom he assigns certain rights or claims to the Consumer that go further than he is legally required in case he fails in the compliance with his part of the agreement.
Article 13 – Delivery and execution
- The Entrepreneur shall exercise the best possible care when booking orders and executing product orders and when assessing requests for the provision of services.
- The place of delivery is at the address given by the Consumer to the Entrepreneur.
- With due observance of the stipulations in Article 4 of these General Terms and Conditions, the Entrepreneur shall execute accepted orders with convenient speed but at least within 30 days, unless another delivery period was agreed on. If the delivery has been delayed, or if an order cannot be filled or can be filled only partially, the Consumer shall be informed about this within one month after ordering. In such cases, the Consumer is entitled to repudiate the contract free of charge and with the right to possible compensation.
- After repudiation in conformity with the preceding paragraph, the Entrepreneur shall return the payment made by the Consumer promptly but at least within 30 days after repudiation.
- The risk of loss and/or damage to products will be borne by the Entrepreneur until the time of delivery to the Consumer or a representative appointed in advance and made known to the Consumer, unless explicitly agreed otherwise.
Article 14 – Continuing performance agreements: duration, termination and renewal
- The Consumer may at all times terminate a contract that was concluded for an indefinite time and which extends to the regular delivery of products (including electricity) or services, with due observance of the termination rules and subject to not more than one month’s notice.
- The Consumer may at all times terminate a contract that was concluded for a specific time and which extends to the regular delivery of products (including electricity) or services at the end of the specific period, with due observance of the termination rules and a subject to not more than one month’s notice.
- The Consumer can cancel the agreements mentioned in the preceding paragraphs:
- at any time and not be limited to termination at a particular time or in a given period;
- at least in the same way as they were concluded by him;
- at all times with the same notice as the Entrepreneur stipulated for himself.
- An agreement concluded for a definite period which extends to the regular delivery of products (including electricity) or services may not be automatically extended or renewed for a fixed period.
- Notwithstanding the preceding paragraph, a contract for a definite period which extends to the regular delivery of dailies, newspapers, weekly newspapers and magazines, may tacitly be renewed for specific period of three months at the most if the Consumer can terminate this extended agreement towards the end of the extension with a notice of one month at the most.
- An agreement concluded for a definite period and which extends to the regular delivery of products or services may only be extended tacitly for an indefinite period if the Consumer can cancel it at any time with a notice of one month. The notice is three months at the most in vase the contract is about a delivery of dailies, newspapers and weeklies and magazines occurring regularly but less than once a month.
- An agreement with limited duration of regular delivery of trial dailies, newspapers, weeklies and magazines (trial or introductory subscription) is not renewed tacitly and ends automatically after the trial or introductory period.
- If the duration of a contract is more than one year, the Consumer may terminate the contract at any time after one year with a notice of not more than one month, unless reasonableness and fairness resist the termination before the end of the agreed term.
Article 15 – Payment
- Unless otherwise stipulated in the agreement or in the additional conditions, the amounts to be paid by the Consumer must be settled within 14 days after the period of reflection, or if there is no period of reflection within 14 days after concluding the agreement. In case of an agreement to provide a service, this period starts on the day that the Consumer received the confirmation of the agreement.
- When selling products to Consumers, it is not permitted to negotiate an advance payment of more than 50% in the General Terms and Conditions. If an advance payment was agreed, the Consumer may not assert any right regarding the execution of the order in question or the service(s) in question before making the agreed advance payment.
- The Consumer has the duty to inform the Entrepreneur promptly of possible inaccuracies in the payment details that were given or specified.
- In case the Consumer has not complied with his payment obligation(s) in time, and the Entrepreneur has pointed out to him that the payment was late and allowed the Consumer a period of 14 days to comply with the payment obligations, the Consumer is to pay the statutory interest on the amount payable and the Entrepreneur is entitled to charge the Consumer with any extrajudicial collection costs. These extrajudicial collection costs amount to no more than 15% for outstanding amounts up to € 2,500, 10% for the following € 2,500 and 5% for the following € 5000, with a minimum of € 40. The Entrepreneur may deviate from the aforementioned amounts and percentages in favour of the Consumer.
Article 16 - Complaints procedure
- The entrepreneur has a well-publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
- Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
- Complaints submitted to the entrepreneur will be answered within a period of 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within the period of 14 days with a notice of receipt and an indication when the consumer can expect a more detailed answer.
- A complaint about a product, service or the service of the entrepreneur can also be submitted via a complaints form on the consumer page of the website of Stichting Webshop Keurmerk (https://www.keurmerk.info/nl/consumenten/klacht/) The complaint will then be sent both to the relevant entrepreneur and to Stichting Webshop Keurmerk.
- Webshop Keurmerk will not treat a dispute or discontinue the handling, if the entrepreneur has been granted a suspension of payment, it has been declared bankrupt or has actually ended its business activities or the webshop has been suspended or canceled by Webshop Keurmerk.
- A dispute will only be dealt with by Webshop Keurmerk if the consumer has first submitted his complaint to the entrepreneur within a reasonable time.
- No later than twelve months after the dispute arises, the dispute must be submitted in writing to Webshop Keurmerk.
- It is also possible to register complaints via the European ODR platform (https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage)
Article 17 - Disputes
- Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions apply. Even if the consumer lives abroad.
- The Vienna Sales Convention does not apply.
Article 18 - Additional or different provisions
Additional provisions or deviating from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable medium. Article
19 - Modification of the general terms and conditions of Stichting Webshop Keurmerk
1. When Stichting Webshop Keurmerk will make a change, we will inform the entrepreneur through the newsletter and place the newest conditions on our website (https://www.keurmerk.info/nl/algemene-voorwaarden/)
2. Amendments to these terms and conditions shall only take effect after they have been published in the appropriate manner, on the understanding that in the case of applicable changes during the term of an offer the most favorable provision for the consumer will prevail.
Address Stichting Webshop Keurmerk:
Willemsparkweg 193, 1071 HA Amsterdam
Article 1 – Misconduct
Number 1 Football Travel is not liable for any damage due to misconduct, such as, but not limited to, aggression and intoxication, caused by Costumer. Should Costumer be removed from the aircraft, hotel or stadium due to misconduct and/or failure to comply with instructions of personnel, stewards or crew, Costumer will be held responsible. No refunds will be made by Number 1 Football Travel.
Article 2 – Liability
Number 1 Football Travel is not liable for any damage, theft, loss, injury or accident, suffered or undergone by or caused to the Costumer. Nor is any liability assumed for damages resulting from the use of property and/or accommodation or transport during travel. Moreover, Number 1 Football Travel is never liable for damage caused or contributed to Costumer, by his or her wrongful intentional, reckless or negligent acts or omissions.
Article 3 – Force majeure
Number 1 Football Travel makes widespread use of travelling by plane. Number 1 Football Travel cannot be hold responsible for any kind of delays, cancellation and/or damage suffered by a change in transport schedules or timetables. In case of war, strikes, political conditions, mechanical failure, natural disasters, hostage taking, bankruptcy of airlines or other forms of force majeure Number 1 Football Travel cannot be held liable in any way.
Article 4 – Travel itinerary and travel documents
Number 1 Football Travel provides travel information via email or post at least 10 days prior to departure. The travel documents provide additional information about you (optional) flight, hotel and match tickets. If the Customer has not received the travel documents at the latest 10 days prior to the commencement of the travel, the Customer is requested to immediately contact Number 1 Football Travel.
After receiving the travel documents, Customer must carefully examine en check the documents for any errors and/or ambiguities. Should there be any information that is not correct, Customer must contact Number 1 Football Travel. Number 1 Football Travel is not liable for damage and/or expenses if not notified at the latest 5 days prior to the commencement of travel. Any expenses concerning necessary changes of the travel documents due to inaccurate of incomplete data will be charged to the Customer.
Costumer shall assume responsibility for the possession of valid travel document such as a valid passport, identity papers, visa and possible health documents. Number 1 Football Travel is not liable for any damage and/or expenses should the Customer not have valid documents.
Article 5 – Membershipcards
1. When the Customer receives a membershipcard to provide entrance to the match booked by Number 1 Football Travel, the membershipcard(s) must be returned by the Customer after the travel period. In the event of loss, damage, theft, destruction or no return of the membershipcard(s), Customer shall be credited for the market value, including any extra costs and damages suffered by Number 1 Football Travel.
2. Membershipcards must at all times be returned by the Customer to Number 1 Football Travel at the communicated address.
Article 6 – Match time and dates
1. Customer is responsible for ensuring that the match date and time given by Number 1 Football Travel is correct. Customer has the duty to report Number 1 Football Travel promptly of possible inaccuracies in the data supplied.
2. Amendments of match date and/or time are no valid reason for cancellation.
Article 7 – Amendments
1. Number 1 Football Travel is not liable for any cancellation and/or alteration of the trip and/or event – for any reason. Number 1 Football Travel provides a decent itinerary in which Customer shall be able to visit the event. It is the Customers own responsibility to arrive on time. No refund or compensation will be paid by Number 1 Football Travel.
2. Number 1 Football Travel is not liable for any damage and/or expenses that might arise due to cancelled, postponed, rescheduled, abandoned or curtailed events/ matches at short notice or even without notice. Moreover, Number 1 Football Travel does not hold responsibility for any cancelled or delayed flights. However, Number 1 Football Travel will try to be as helpful as possible.
3. If a match is rescheduled Number 1 Football Travel will help the Customer to book another flight and – if necessary – to look for an alternative football match. Number 1 Football Travel uses a Match Schedule Guarantee: if additional costs are made, Number 1 Football Travel will pay the alteration expenses of the flight, while the Customer pays the additional hotel expenses. This Guarantee is only applied if the rescheduled match does not fit the current travel itinerary. The minimum period of time between arrival and beginning of the match should be 2.5 hours. Read our Match Schedule Guarantee on our website for detailed conditions.
4. Number 1 Football Travel is entitled to alter the agreed upon provision of service on one or more essential points, due to grave circumstances. Moreover, Number 1 Football Travel is entitled to alter the agreement on one or more essential points, due to grave circumstances, even if the alteration disadvantages the Customer. This includes, but is not confined to, minor adjustments to flight times.
Article 8 – Unforeseen circumstances
1. Number 1 Football Travel has the right to cancel the agreement in full or in part without interference of a judge in the event of unforeseen circumstances, such as threats of war, sabotage, strikes, cancellation or date changes, exclusions, errors, traffic problems, transport problems, exceptional weather conditions, failure to perform the agreement by one or more Third Parties implementing the travel, sanctions made by national football associations, actions undertaken by UEFA or FIFA such as, but not limited to, matches played without spectators, as well as any circumstances which normal business operations might impede, as a result of which the performance of the contract cannot reasonably be expected; Number 1 Football Travel will not be liable to pay the Customer any damages nor will not have any obligations to damage compensation towards the Customer.
2. If Number 1 Football Travel dissolves the agreement with the Customer by virtue of section 1 of this article, Number 1 Football Travel will be entitled in accordance with section 1 of this article to terminate the agreement without any damage compensation or restitution of monies paid being required, only a refund of the booking amount already paid if a cancellation is possible and only after deduction of any cancellation charges and/or tax due.