Created on November 1, 2019.
Terms and Conditions Battlefield Discovery, located at Nassaustraat 11, 5671 HS in Nuenen, The Netherlands, registered with the Dutch Chamber of Commerce under number 56640986.
In these Terms and Conditions, the following terms are used with the following meaning, unless explicitly stated otherwise.
- Terms and Conditions: The general terms and conditions as stated below.
- Battlefield Discovery: Battlefield Discovery, registered at the Dutch Chamber of Commerce under number 56640986.
- Service: All activities, in whatever form, that Battlefield Discovery has performed for or on behalf of the Client.
- Fee: The financial compensation that has been agreed with the Client for the execution of the assignment.
- Assignment: The contract for services.
- Client: The person who or organisation that has accepted the validity of these terms and conditions and who has ordered the provision of services.
- Agreement: Any agreement concluded between Battlefield Discovery and the Client.
Article 1. Scope
1.1 These terms and conditions apply to all proposals, offers and agreements with BATTLEFIELD DISCOVERY, unless otherwise agreed with BATTLEFIELD DISCOVERY, such agreement to be in writing.
1.2 These terms and conditions also apply to the services of BATTLEFIELD DISCOVERY any sub-contractor employed by BATTLEFIELD DISCOVERY for the duration of the service.
1.3 Terms and conditions of any other party shall be expressly rejected.
1.4 If any one or more of the provisions in these terms and conditions becomes legally invalid at any time, the remaining provisions in these terms and conditions will continue to apply.
1.5 Uncertainty regarding the explanation of one or more provisions of these terms and conditions shall be explained “in the spirit” of these provisions.
1.6 If a situation arises between BATTLEFIELD DISCOVERY and the CLIENT that is not regulated in these terms and conditions, this must be assessed in the spirit of these terms and conditions.
1.7 If BATTLEFIELD DISCOVERY does not always require strict compliance with these terms and conditions, this does not mean that the provisions thereof do not apply, or that BATTLEFIELD DISCOVERY would lose the right to otherwise strictly comply with the provisions of these terms and conditions.
Article 2. Quotations and offers
2.1 All quotations and offers from BATTLEFIELD DISCOVERY are without obligation, unless a period of acceptance has been set.
2.2 BATTLEFIELD DISCOVERY cannot be held responsible for any obvious mistake or error within its quotations or offers or any part thereof.
2.3 The prices stated in any quotation or offer include VAT and other government levies as well as costs incurred in the context of the agreement, including travel and accommodation costs and administration costs, unless stated otherwise.
2.4 If the CLIENT accepts an offer BATTLEFIELD DISCOVERY will not bound by it should the CLIENT amend the offer. Is such case the agreement will not be concluded, unless otherwise indicated by BATTLEFIELD DISCOVERY in writing.
2.5 If an offer or quotation is made up of several priced parts the CLIENT cannot force BATTLEFIELD DISCOVERY to execute only a part of the quotation at a corresponding part of the quoted price.
2.6 Offers and quotations do not automatically apply to future orders or repeat orders.
Article 3. Bookings, payment and cancellation
3.1 When booking a tour or when accepting an offer, the CLIENT must transfer the full amount directly into the bank account of BATTLEFIELD DISCOVERY, unless explicitly stated by BATTLEFIELD DISCOVERY that a deposit may be sufficient before full payment is made.
3.2 Reservation of a seat on a guided tour is final after receipt of the deposit or payment in full by BATTLEFIELD DISCOVERY. BATTLEFIELD DISCOVERY reserves the rights to inform the CLIENT that the reservation is finalised. Up until reservation is finalised, BATTLEFIELD DISCOVERY cannot guarantee the CLIENT a seat on the tour day(s) mentioned in the booking or in the offer.
3.3 BATTLEFIELD DISCOVERY reserves the right to request payment in full by the CLIENT into the bank account of BATTLEFIELD DISCOVERY no later than 10 days before the start of a tour. In the case that a booking is made within 10 days before departure, the full amount of the tour must be transferred into the bank account of BATTLEFIELD DISCOVERY, unless explicitly states otherwise by BATTLEFIELD DISCOVERY.
3.4 If the CLIENT fails to pay the full amount on time, BATTLEFIELD DISCOVERY reserves the right to terminate the agreement. In that case, the CLIENT cannot claim a refund of payments already paid.
3.5 Payments to BATTLEFIELD DISCOVERY must be made in Euros. Other currencies are not accepted by BATTLEFIELD DISCOVERY.
3.6 Payments to BATTLEFIELD DISCOVERY can be made by bank transfer into the bank account of BATTLEFIELD DISCOVERY, through PayPal, or via cash payment. BATTLEFIELD DISCOVERY does not accept credit cards, traveller’s cheques, or other payment provisions.
3.7 The CLIENT is to bear the costs for any (international) transfer implemented by their own bank.
3.8 The CLIENT may not withhold payment and any dispute must be dealt with retrospectively between the CLIENT and BATTLEFIELD DISCOVERY.
3.9 If a tour is canceled by the CLIENT before the start of the tour, the following rules apply:
a. The tour can be rescheduled by mutual agreement with BATTLEFIELD DISCOVERY.
b. Up to one month before the start of the tour, BATTLEFIELD DISCOVERY will refund the amounts already paid less any costs incurred for the tour.
c. BATTLEFIELD DISCOVERY reserves the right to charge cancellation costs in the CLIENT cancels any time after one month prior to departure. This will include costs incurred for the tour plus 10% of the total amount of the offer or quotation.
d. BATTLEFIELD DISCOVERY reserves the right to charge the full amount of the offer or quotation if the CLIENT cancels after one week before departure, fails to attend to tour or in the event of travel interruption.
e. Notwithstanding a., b., c. and d. above and for reasons of reasonableness and fairness BATTLEFIELD DISCOVERY reserves the right to propose an alternate solution with regard to cancellation costs.
3.10 The CLIENT is not entitled to claim a refund of payments or damage either directly and indirectly as a result of missing the tour or failing to adhere to timings given throughout the tour if this was caused by the following:
a. failure to appear on one or more tour days without notice;
b. late arrival at the departure point;
c. failure to be on time during the tour; or
d. if not any reason during the tour the CLIENT chooses not to continue of their own volition.
3.11 BATTLEFIELD DISCOVERY reserves the right to cancel or reschedule a tour to another date if there are insufficient participants, illness, and / or in case of force majeure. BATTLEFIELD DISCOVERY will communicate this to the Customer no later than one week before the start.
3.12 In the case of cancellation of a tour by BATTLEFIELD DISCOVERY, payment will be refunded in full.
Article 4. Implementation, change of itinerary, price adjustments
4.1 BATTLEFIELD DISCOVERY will execute all services to the best of its knowledge and ability.
4.2 BATTLEFIELD DISCOVERY reserves the right to employ sub-contractors. The application of Articles 7: 404, 7: 407 paragraph 2 and 7: 409 of the Dutch Civil Code are expressly excluded.
4.3 BATTLEFIELD DISCOVERY reserves the right to adjust the itinerary if temporary or permanent circumstances necessitate such prior to or during the conduct of a tour. In such a case BATTLEFIELD DISCOVERY will offer a reasonable and feasible alternative. The CLIENT accepts the possibility of itinerary changes.
4.4 If the CLIENT requests to alter the itinerary, BATTLEFIELD DISCOVERY reserves the right to implement this change on the proviso to an agreement between BATTLEFIELD DISCOVERY and the CLIENT with regard to any additional price necessary to carry out this requirement.
4.5 Any change requested by a CLIENT shall be at the sole discretion of BATTLEFIELD DISCOVERY and at a time suitable to BATTLEFIELD DISCOVERY. This does not constitute any reason for the CLIENT to terminate the agreement.
4.6 Under the terms of the agreement, BATTLEFIELD DISCOVERY reserves the right to refuse any request to change the itinerary.
4.7 Failure by the CLIENT to comply with his/her obligations to BATTLEFIELD DISCOVERY constitutes the CLIENT liability for all damages and costs undertaken by BATTLEFIELD DISCOVERY whether directly or indirectly.
4.8 Regardless of any original price quotation BATTLEFIELD DISCOVERY reserves the right to increase the price for the following reasons:
a. If the increase is due to a change in the original offer or quotation;
b. If the increase results from legal privileges;
c. If the increase arises from any additional legal obligation required to be carried out by BATTLEFIELD DISCOVERY.
Article 5. Suspension, dissolution and premature termination of the agreement
5.1 BATTLEFIELD DISCOVERY reserves the right to suspend the fulfillment of the obligations or to dissolve the agreement immediately and with immediate effect, if:
a. the CLIENT does not, not fully or in a timely manner fulfill their obligations under the agreement;
b. after the conclusion of the agreement it is drawn to the attention of BATTLEFIELD DISCOVERY that there are circumstances to believe that the CLIENT will not fulfill their obligations;
c. the CLIENT was requested a deposit and no deposit is forthcoming or is insufficient;
d. any delay on the part of the CLIENT resulting in BATTLEFIELD DISCOVERY being unable to fulfil the agreement under the originally agreed conditions;
e. any circumstances which arise outside the control of BATTLEFIELD DISCOVERY which negate fulfilment of the agreement or any part thereof.
5.2 If negation of the agreement is attributable to the CLIENT, BATTLEFIELD DISCOVERY reserves the right to claim compensation for damages, including costs, whether directly or indirectly incurred.
5.3 If the agreement is negated, any claim by BATTLEFIELD DISCOVERY from the CLIENT are immediately due and payable. If BATTLEFIELD DISCOVERY suspends fulfilment of these obligations by the CLIENT, it retains its legal and contractual claims.
5.4 If BATTLEFIELD DISCOVERY suspends or negates on the grounds referred to in this clause, it will not be obliged to pay the CLIENT damages and costs in any way, whereas the CLIENT, due to being in default, will be required to pay for damages and costs or compensation.
5.5 Unless termination is attributable to BATTLEFIELD DISCOVERY, any costs incurred will be charged to the CLIENT. In as much as is possible BATTLEFIELD DISCOVERY will inform the CLIENT in advance to the extent of such costs. The CLIENT is obliged to pay these costs within the period stated by BATTLEFIELD DISCOVERY, unless BATTLEFIELD DISCOVERY indicates otherwise.
5.6 If the CLIENT suffers liquidation, (applications for) suspension of payments or bankruptcy, seizure of property or financial assets – insofar this seizure has not been lifted within three months – or any other circumstance whereby the CLIENT can no longer freely access his/her financial assets, BATTLEFIELD DISCOVERY reserves the right to terminate the agreement immediately and with immediate effect or to cancel the agreement without any obligation on its part to pay any damages or compensation. In this case, payment from the CLIENT to BATTLEFIELD DISCOVERY is immediately due and payable.
Article 6. Collection costs
6.1 If the CLIENT is in default or omission in the (timely) fulfillment of his obligations, then all reasonable costs incurred in obtaining satisfaction out of court will be borne by the CLIENT. In any case, the CLIENT will owe collection costs.
6.2 With regard to the extrajudicial (collection) costs, BATTLEFIELD DISCOVERY is entitled to a compensation of 15% of the total outstanding principal with a minimum of € 90 for every invoice that is not fully or partially paid.
6.3 Any reasonable judicial costs and execution costs incurred will also be borne by the CLIENT.
Article 7. Suspension
7.1 If the CLIENT does not, not fully or timely fulfill an obligation under the Agreement, BATTLEFIELD DISCOVERY has the right to suspend the fulfillment of the corresponding obligation. In the event of partial or improper fulfillment, suspension is only permitted insofar as the shortcoming justifies this.
7.2 Furthermore, BATTLEFIELD DISCOVERY is authorised to suspend the fulfillment of the obligations if:
a. after the conclusion of the Agreement, BATTLEFIELD DISCOVERY has become aware of circumstances that give good reason to fear that the Client will not fulfill its obligations;
b. the CLIENT has been requested when entering into the Agreement to provide security for the fulfillment of his obligations under the Agreement and this security is not provided or is insufficient;
c. circumstances arise which are of such a nature that fulfillment of the Agreement is impossible or that unaltered maintenance of the Agreement cannot reasonably be expected of BATTLEFIELD DISCOVERY.
7.3 BATTLEFIELD DISCOVERY reserves the right to claim damages.
Article 8. Force Majeure
8.1 A shortcoming cannot be attributed to BATTLEFIELD DISCOVERY, because the shortcoming is not due to his fault, nor is he responsible for this under law, legal act or prevailing opinions. In this case, the parties are also not obliged to fulfill the obligations arising from the Agreement.
8.2 Force majeure in these terms and conditions means, in addition to what is understood in law and jurisprudence, all external causes, foreseen or unforeseen, over which BATTLEFIELD DISCOVERY has no influence, but as a result of which BATTLEFIELD DISCOVERY is unable to fulfill its obligations, including those causes that prevent BATTLEFIELD DISCOVERY from guaranteeing the CLIENTS’s safety or well-being.
8.3 The following circumstances are considered as force majeure: strike, exclusion, fire, water damage, natural disasters or other external calamities, mobilisation, war, traffic obstacles, blockades, import or export barriers or other government measures, stagnation or delay in the supply of raw materials or machine parts, lack of manpower, as well as any circumstances that obstruct normal business operations, as a result of which fulfillment of the Agreement by BATTLEFIELD DISCOVERY should not reasonably be required of the CLIENT.
8.4 BATTLEFIELD DISCOVERY is also entitled to invoke force majeure if the circumstance preventing (further) fulfillment of the agreement occurs after BATTLEFIELD DISCOVERY should have fulfilled its obligation.
8.5 In case of force majeure, the parties are not obliged to continue the Agreement, nor are they obliged to pay any compensation.
8.6 BATTLEFIELD DISCOVERY can suspend the tour during the period that the force majeure continues. If this period lasts longer than two months, then each of the parties is entitled to dissolve the agreement, without obligation to pay compensation to the other party.
8.7 If the situation of force majeure is temporary, BATTLEFIELD DISCOVERY reserves the right to suspend the agreed performance for the duration of the force majeure situation. In case of permanent force majeure, both parties are entitled to dissolve the Agreement out of court.
8.8 If BATTLEFIELD DISCOVERY has already partially fulfilled or will be able to fulfill its obligations under the Agreement at the time of the occurrence of force majeure, and the part fulfilled or to be fulfilled has independent value, BATTLEFIELD DISCOVERY is entitled to fulfill or already fulfill come to invoice part separately. The CLIENT is obliged to pay this invoice as if it were a separate Agreement.
Article 9. Liability
9.1 The execution of the Assignment is entirely at the risk and responsibility of the CLIENT. BATTLEFIELD DISCOVERY is only liable for direct damages caused by gross negligence or intent on the part of BATTLEFIELD DISCOVERY.
9.2 BATTLEFIELD DISCOVERY is never liable for indirect damage, including in any case consequential damage, loss of profit, missed savings, business interruption or immaterial damage of the CLIENT.
9.3 BATTLEFIELD DISCOVERY is not liable for damage of any kind, because BATTLEFIELD DISCOVERY has based on incorrect and / or incomplete information provided by the CLIENT, unless this should be known to BATTLEFIELD DISCOVERY.
9.4 If BATTLEFIELD DISCOVERY is liable for any damage, the total liability of BATTLEFIELD DISCOVERY due to an attributable shortcoming in the fulfillment of the agreement is limited to compensation for direct damage up to a maximum of the amount of BATTLEFIELD DISCOVERY up to the moment of shortcoming. amount paid.
9.5 BATTLEFIELD DISCOVERY is not liable for any damage, loss or theft to the CUSTOMER or its property, directly or indirectly, as a result of participating in a tour conducted by BATTLEFIELD DISCOVERY.
9.6 BATTLEFIELD DISCOVERY is not liable for any damage that the CLIENT suffers directly or indirectly as a result of cancellation by BATTLEFIELD DISCOVERY or by the CLIENT, or the (partial) cancellation of a tour for whatever reason.
9.7 In line with the above provisions, BATTLEFIELD DISCOVERY advises to always take out travel and cancellation insurance with an insurance company to cover any damages.
Article 10. Indemnity
10.1 The CLIENT indemnifies BATTLEFIELD DISCOVERY against any claims from third parties who suffer damages in connection with the execution of the Agreement and which is attributable to the CLIENT.
10.2 If BATTLEFIELD DISCOVERY is held liable by third parties for this reason, the CLIENT is obliged to assist BATTLEFIELD DISCOVERY both in and out of court. All costs and damages on the part of BATTLEFIELD DISCOVERY and third parties are further for the account and risk of the CLIENT.
Article 11. Limitation period
11.1 Notwithstanding the statutory limitation periods, all claims against BATTLEFIELD DISCOVERY and third parties engaged by BATTLEFIELD DISCOVERY are subject to a limitation period of one year.
Article 12. Intellectual property
12.1 BATTLEFIELD DISCOVERY reserves the rights and powers vested in it under the Copyright Act and other intellectual laws and regulations.
12.2 BATTLEFIELD DISCOVERY has the right to use the knowledge gained through the preparation and execution of a tour for other purposes, insofar as no strictly confidential information of the CLIENT is brought to the notice of third parties.
Article 13. Applicable law and disputes
13.1 All legal relationships to which BATTLEFIELD DISCOVERY is a party are governed exclusively by Dutch law, even if an obligation is wholly or partly performed abroad or if the party involved in the legal relationship is domiciled there.
13.2 The applicability of the Vienna Convention (CISG) is excluded.
13.3 The parties will only appeal to the court after they have made every effort to settle a dispute by mutual agreement.
Article 14. Location of term and conditions, and alterations
14.1 These terms can be found on the Battlefield Discovery website under the link “Terms and Conditions” at the bottom of each page.
14.2 The most recent version published on the site or the version that applied at the time of the establishment of the legal relationship with BATTLEFIELD DISCOVERY is always applicable.
14.3 The Dutch text of the terms and conditions is always decisive for the interpretation thereof.