General Terms & Conditions
These General Terms & Conditions apply on all the travel agreements made wij Away Days Football Travel, also known as In de Hekken Travel.
Company details:
Away Days ( In de Hekken Travel)
Waalstraat 21
1784 VS Den Helder
Tel: +31 (0)6 300 312 44
Chamber of commerce: 75850575
VAT: NL001427752B89
OUR MISSION
Away Days does everything in its power to provide you with the best football travel experience possible. Our football travel experts have years of experience, plus have visited the offered destinations multiple times. We only work with local hosts who have al well-established relation with Away Days Football Travel. You will have a careless journey which will go beyond 90 minutes in a football stadium to give you an experience to be remembered for a lifetime. Our experience becomes your unique experience.
Hereby our General Terms and Conditions. Read them carefully. These General Terms and Conditions apply on all services provided by Away Days Football Travel. If you have any questions, don’t hesitate to contact us. Your football travel starts here.
GENERAL TERMS AND CONDITIONS
The General Terms and Conditions, outline the relationship between Away Days Football Travel (also referred to as “Away Days”) and our contractual partners referred to as “guest” throughout this document, concerning the provision of travel services. The “guest” as stated in this contract may also be an agent who is purchasing these services on behalf of their clients. It is the responsibility of the Agent to pass on the details in this document to their clients and Away Days Football Travel will not be held responsible should any client of an agent not be aware of all terms and conditions of their booking as outlined here.
Away Days provides our travel services exclusively on the basis of our terms and conditions unless expressly agreed otherwise in writing.
The general terms and conditions shall apply as long as they are not changed, for all individual contracts between Away Days and the other party (“guest”).
Article 1: Your travel contract
There will be no valid contract between Away Days and the Other Party (“guest”) until Away Days have received a completed booking form and payment of the deposit as shown on the invoice. The Other Party (“guest”) will receive a booking and payment confirmation from Away Days Football Travel. If Away Days has not received a completed booking form and/or deposit payment, no rights can be claimed by the Other Party.
The person stated on the booking form is always fully responsible for the execution of the travel contract, even though payments have been done by others or the booking is made for multiple persons.
The Other Party is obliged to inform Away Days about all personal details (name, address, date of birth and contact details) of the travelers within the arranged travel contract. Furthermore, the Other Party is obliged to inform Away Days about physical or medical conditions (which may involve the use of alcohol, drugs or medicines) of travelers which can lead to discomfort, danger or any other risk for the traveler, other travelers, Away Days personnel or third parties. The Other Party is also obliged to inform Away Days in case of limited mobility and/or the guidance of underaged, disabled, pregnant, sick and other travelers. Be aware that a medical statement can be requested by Away Days or third parties like airliners.
If the Other Party fails to inform Away Days correctly, the Other Party can be excluded from participating the trip as stated in these general terms and conditions. Any additional costs to be made by Away Days will be charged to the Other Party.
Your travel contract with Away Days contains the following:
General Terms and Conditions – agreed on the booking form
The filled in booking form
The invoices for the deposit payment and remaining payment
The itinerary and travel documents
Article 2: Event
The event contains every football match and/or extra activities booked by Away Days Football Travel by the Other Party.
Article 3: Misconduct
Away Days Football Travel is not liable for any possible damage because of misconduct, but not limited to violence, aggression or drunkenness, caused by the Other Party. If the Other Party is refused entrance or removed from a plain, stadium, hotel or any other facility because of misconduct or not following the instructions of personnel, stewards, crew or authority the possible extra costs are on behalf of the Other Party. Away Days will, if necessary, cooperate with (local) authorities. Away Days will not compensate any loss of travel pleasure.
Article 4: Liability
Away Days Football Travel is not liable for damage, theft, loss, injury or accidents inflicted on the Other Party caused by third parties. Furthermore, Away Days is not liable for any damage or injury to third parties caused by the Other Party.
Article 5: Circumstances beyond our control
The other party is responsible for the transportation to and from the destination. If the Other Party is outsourcing the transportation to Away Days, Away Days usually uses flying for transportation of travelers. Away Days is not liable for any delays, strikes, stopovers, flight changes or any other damage or consequences inflicted on the Other Party. In case of cancellations because of terrorist attacks, weather conditions, natural disasters, strikes, bankruptcy of the airliner or any other circumstances beyond our control Away Days Football Travel is not liable for any (financial) damage. Of course, we will do everything within our power to help claiming (financial) compensation by those parties responsible.
Article 6: Activities/match tickets
When Away Days arranges match tickets and/or activities for the other party, Away Days is only responsible for the booking process/making available of match tickets/activities. Access to the match or activity is not guaranteed. Away Days is not responsible for the execution of the match, event or activity. In case the Other Party can’t access the match or activity no matter what the reason, Away Days is not liable for any (financial) damage. Tickets can contain valuable information and/or conditions which the Other Party needs to be aware off.
Despite the fact it happens barely, matches/activities can be postponed, cancelled, changed or limited on short notice and/or without any notification. Away Days Football Travel will do anything in its power to have actual/up to date information regarding matches/activities. Away Days is depending on third parties. Not being able to attend a match/activity because of cancellation, limitations or any changes in time and date is not the responsibility of Away Days Football Travel and therefore not liable for any (financial) damage. Of course, we will do everything within our power to help claiming (financial) compensation by those parties responsible.
Reselling (match or season) tickets is forbidden. Any (financial) damage for Away Days will be charged to the Other Party.
If access to a football match is provided by season/club cards, these cards must be returned to Away Days immediately after the trip. If the Other Party loses a season/club card or doesn’t return it, the costs plus any (financial) damage for Away Days will be charged to the Other Party. Used season/club cards must be send to Away Days via registered mail.
Article 7: Modifications
Away Days Football Travel is not liable for the Other Party, for whatever reason, not (being able to) participating the trip and / or not (being able to) attend the booked event and is not liable for damage that the Other Party may suffer as a result of not participating/attending the trip or event. Away Days Football Travel ensures an appropriate travel schedule which visiting the event is reasonably possible. It is the Other Party’s own responsibility to actually arrive at the event on time.
Away Days Football Travel is not liable for damage that arises because the Other Party cannot participate the trip and / or cannot attend the booked event / match due to a cause that cannot be attributed to the Other Party itself or Away Days, for example due to a delay / cancellation of the flight, by cancellation / rescheduling of the match, or by a change in match times of which the Other Party could not have been informed in time. Away Days Football Travel will help you as much as possible trying to get a refund from third parties or provide a suitable alternative.
Please keep in mind that changing your trip is not always possible and sometimes involves high costs. Away Days Football Travel naturally does its best to limit the costs as much as possible. In addition to the change costs from the airline or the hotel, we charge a € 25.00 change fee per person.
Away Days Football Travel is authorized to unilaterally change the content of the booked trip on essential points due to important circumstances that are immediately communicated to the other party. Away Days is also authorized to change the agreement due to weighty circumstances that are immediately communicated to the other party, even if the other party would experience minor disadvantage. This includes, but is not limited to, minor adjustments to flight times.
Article 8: Substitution
A traveler can be replaced by another person before the start of the trip. The following conditions apply:
- the other person meets all the conditions attached to the trip; and
- the request is submitted no later than 7 calendar days before departure, or in time so that the necessary actions and formalities can still be carried out; and
- the terms and conditions of the suppliers of Away Days Football Travel do not preclude this substitution.
The applicant, the traveler and the person who replaces him are jointly and severally liable to Away Days Football Travel for the payment of the outstanding part of the travel sum and any additional costs resulting from the replacement.
Article 9: Complaints
Away Days Football Travel does everything it can to provide the Other Party with the best possible service and to ensure that its journey runs smoothly. If the Other Party nevertheless encounters problems and / or has a complaint, immediately contact Away Days. If the problem occurs during the travel period, the other party must immediately contact the emergency number provided by Away Days Football Travel in the travel documents or the travel guidance from Away Days Football Travel. Where possible, Away Days Football Travel will immediately try to solve the problem at that time. If these steps are not taken, Away Days cannot be held liable for damage and additional costs suffered by the Other Party, arising from the subject of the complaint and / or problem.
Article 10: Cancellation
Once the Other Party has given permission to book (in any way), the booking is final. There is no right of withdrawal
If you cancel the trip, you still owe the travel sum to Away Days Football Travel. However, if it is possible for Away Days Football Travel to cancel the booked parts with its suppliers without Away Days Football Travel still owing the price or having to incur costs, Away Days Football Travel will refund the travel sum to you as much as possible, after deduction of the costs that Away Days had to make. Refund of the part of the travel sum related to the flight is never possible in case of cancellation. Within 30 days before departure, the cancellation costs are always 100%. We ask you to give a cancellation in writing (by email). We will respond within a business day with a cancellation confirmation and cancellation fees. Of course, it is also possible to first receive a statement of the cancellation costs. In addition to the cancellation costs of, for example, the airline or the hotel, there is also an administration fee of € 25.00 per cancellation (per person).
Article 11: Unforeseen circumstances
Away Days Football Travel is entitled to dissolve the agreement with the Other Party without the intervention of a judge, without Away Days being obliged to pay any compensation to the Other Party if unforeseen circumstances arise such as the threat of war, (work) strikes, sabotage , cancellation or rescheduling of football matches, exclusions, disruptions, traffic problems, special weather conditions, a lack of means of transport, shortcomings in the fulfillment of the agreement by one or more third parties who implement the booked trip, punishment by a national football association, the UEFA or FIFA as a result of which a game will be played without an audience or any other circumstance, which aggravate or complicate the fulfillment of the agreement in such a way that it can no longer reasonably be expected that Away Days Football Travel will (further) execute the agreement.
In the event of Away Days Football Travel terminating the agreement with the Other Party on the basis of the above (Article 11), a refund will only be possible if Away Days is able to arrange compensation from third parties depending on the circumstances.
Article 12: Insurances and visa
The Other Party is at all times responsible for being sufficiently insured. Away Days Football Travel does not provide travel and / or cancellation insurance. The Other Party must also check his or her health insurance for sufficient coverage abroad. The Other Party is responsible for informing his or her travel companions in this regard. Away Days Football Travel cannot be held liable for damage that arises because the Other Party appears to be insufficiently or not insured. This includes, but is not limited to, damage to or theft of personal property and / or injury.
If there is a visa requirement for a specific destination, the Other Oarty is responsible for possessing a valid visa in time. Away Days will inform the Other Party well in advance if there is a visa necessary, so the Other Party has sufficient time to apply for a visa. If desired, Away Days can help you with the application. We charge an administration fee of € 25,- per person for doing the application for you.
Article 13: Travel documents
Away Days Football Travel will provide the necessary travel documents by e-mail or post no later than 5 days before departure. This contains all relevant information regarding (possible) flight, hotel and tickets for events / activities and / or football matches. If the travel documents are not in the possession of the Other Party no later than 3 days before departure, the Other Party must immediately contact Away Days Football Travel. Boarding passes can in various cases only be delivered 4 to 30 hours before departure. If this is the case, Away Days Football Travel will communicate this with the main booker of the Other Party. The Other Party must carefully check the travel documents provided by Away Days Football Travel immediately after receipt for any inaccuracies. If the travel documents are not correct, the Other Party must immediately contact Away Days. Away Days is not liable for damage and / or costs if it is not apparent no later than 2 calendar days before departure that the travel documents are incorrect. Costs associated with an adjustment of the travel documents due to the provision of incorrect or incomplete information will be charged to the Other Party. The Other Party is responsible for having correct and valid border and travel documents such as a valid passport / identity document, visa and any health documents. Away Days Football Travel is not liable for damage or costs if the Other Party does not have correct and valid border and travel documents.
Article 14: Fixture dates and times
The Other Party must check whether the match indeed starts on the date and time as indicated by Away Days Football Travel. The Other Party must report any inaccuracies in information provided or stated by Away Days.
Changed fixture dates and /or kick-off time is not a valid reason for cancellation.
Article 15: Payment, interest and collection costs
When the agreement is concluded, a down payment of at least € 50 per person (or € 300,- per person for trips outside of Europe) must be fulfilled as specified in the travel offer.
The remainder of the travel sum must be in possession of Away Days Football Travel no later than six weeks before the day of departure. If the Other Party has not paid on time, Away Days Football Travel sends a reminder, in which the Other Party is given a period of fourteen calendar days to fulfill the payment. If payment is still not done in time, the agreement with the Other Party cam be terminated by Away Dyas. Away Days Football Travel has the right to charge the additional cancellation costs. In that case, the provisions of Article 10 apply, and the monies already paid will be deducted from the cancellation fees.
If the agreement is concluded within six weeks before the day of departure, the entire travel sum must be paid immediately.
When an Other Party has not fulfilled the financial obligation towards Away Days Football Travel in time, will owe statutory interest on the amount still owed. He is also obliged to reimburse collection costs incurred by Away Days. These are to a maximum of: 15% on travel sums up to € 2,500.00; 10% on the next € 2,500.00 and 5% on the next € 5,000.00 with a minimum of € 40.00. Away Days Football Travel can deviate from the stated amounts and percentages for the benefit of the Other Party.
Article 16: Obligations of the Other Party (traveler)
The Other Party / traveler (s) is / are obliged to comply with all instructions from Away Days Football Travel for the proper execution of the trip and is / are liable for damage caused by his / their unauthorized behavior, to be judged by the standard of how to correctly behave
A traveler who causes or can cause such nuisance or burden that a good execution of a trip is thereby greatly hindered or can be made more difficult, can be excluded by Away Days from (continuation of) the trip. The agreement with the Other Party can be terminated by Away Days in case of not behaving correctly or not following the instructions given by Away Days.
All costs arising from a situation as referred to in Article 16 above will be borne by the traveler, if and insofar as the consequences of nuisance or burden can be attributed to him. If and insofar as the cause of the exclusion cannot be attributed to the traveler, he will be refunded the travel sum or part thereof.
The traveler is obliged to avoid or limit as much damage as possible, in particular by complying with his notification obligation as further described in Article 9.
Article 17: Cancellation by Away Days in case of low participation
Away Days Football Travel has the right to cancel the agreement with immediate effect, if the number of registrations is less than the required minimum number. The required minimum number of participants (travelers) is 8, unless stated otherwise in the travel description. Cancellation by Away Days because of low participation is standard up to at least four weeks before the set departure date. The cancellation must be made in writing. Away Days Football Travel cannot be held liable for damage / costs arising from cancellation by Away Days Football Travel due to low participation.
Article 18: Warranty travel packages
The warranty on travel packages of Away Days Football Travel means that in the event of a (imminent) bankruptcy of Away Days Football Travel you:
- The (partially) paid travel sum will be refunded if you are not yet traveling until at least 30 days before departure.
- The trip is guaranteed within 30 days of departure and you can make your trip anyway.
- The trip can be completed if you are already traveling, both travel packages as well as customized travel packages. Regarding our football trips, a companion of Away Days is always present on the trip, who will guarantee you the execution of entire trip. All parts of the package are guaranteed and paid before your departure.
Your travel sum will be reserved until the trip is guaranteed. The football trips are guaranteed based on a minimum number of participants. The minimum number of participants is stated in in article 17 and frequently asked questions. Away Days Football Travel buys directly from suppliers (e.g. hotels), without the intervention of third parties. Away Days Football Travel buys on the basis of conditions that the above warranty can be guaranteed at all times.
If you have any questions regarding the above warranty om travel packages before you book with us, please contact us via the contact form on the website.
Article 19: Choice of law
Dutch law applies to our bookings and to these general terms and conditions.
Article 20: Exclusion of right of withdrawal on travel packages (football trips)
Based on section 6:230 lid 2 sub h BW of the Dutch law book, the Other Party cannot claim the right of withdrawal on travel packages (football trips) as agreed with Away Days by a booking (travel contract) as stated in section 7:500 BW of the Dutch law book.
Article 21: Competent rights
The Noord-Holland District Court is exclusively authorized to take cognizance of possible disputes regarding (the explanation of) the booking agreement and these general terms and conditions.
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