Bungalow.Net Travel Conditions

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Bungalow.Net Travel conditions

Bungalow.Net travel conditions Pdf version

These Travel Terms and Conditions were drawn up in consultation with the Consumers’ Association within the framework of the Self-Regulation Coordination Group (Coördinatiegroep Zelfreguleringsoverleg) of the Social and Economic Council (SER). The terms and conditions were last revised in September 2008. Existing legal provisions were taken into account in the preparation of these terms and conditions.

Extra clause: The tour operator may add, self-defined rules to the following Conditions. Except for the allowed deviations stated in Art. 1 Paragraph 4, these additional conditions may not affect the general conditions and are only set to further protect the rights of the consumer.

Article 1. Application General Conditions
These additional conditions apply to all tenancy agreements of Bungalow.Net. Other arrangements or agreements are only valid when they are confirmed in writing by an authoritative representative of Bungalow.Net.

Article 2. Offer and acceptance
The contract is created upon the traveler’s acceptance of Bungalow.Net's offer. After the creation of the contract, the traveler receives a confirmation as soon as possible, either electronically or in writing, possibly in the form of an invoice. In the case of bookings made via Internet, Bungalow.Net designs the booking process in such a way that, before acceptance, the traveler is informed that he/she is entering into a contract. By confirming the booking by Bungalow.Net, the traveler is committed to the contract. Bungalow.Net acts as an intermediary in the realization of a lease between the Owner / Landlord and the traveler.

Article 3. Evident errors
Evident errors and evident mistakes are not binding upon the travel organizer. Such errors and mistakes are errors and mistakes which – from the perspective of the average traveler – were or should have been instantly recognized as such.

Article 4. Withdrawal of offer
The offer of Bungalow.Net is made without obligation and can be withdrawn by Bungalow.Net if necessary. Withdrawal in order to correct errors in the calculation of the travel sum, or other errors, is permitted. The withdrawal will be done as soon as possible after notification, after which Bungalow.Net will propose an alternative offer to the traveler.

Article 5. Traveler's duty of disclosure

  • The traveler will provide Bungalow.Net, before or no later than at the time of conclusion of the contract, with all details about him / herself and the travelers for whom he/she has made bookings that may be relevant to the conclusion or fulfillment of the contract. Details include the traveler’s mobile phone number and e-mail address, if available.
  • Furthermore, he/she will mention any details regarding the nature or composition of the group of travelers whom he/she has booked that may be relevant to the proper fulfillment of the agreed up travel package by Bungalow.Net.
  • If he/she fails to meet this information requirement and Bungalow.Net is consequently compelled to exclude said traveler(s) from (further) participation in the travel package, the costs will be charged to him/her.


    • Article 6. The booking party
  • Any person who enters into a contract on behalf of/or for the benefit of another person (the booking party) is severally liable for all obligations arising from the contract.
  • All communications and transactions (including payments) between the traveler(s) on the one hand and the travel organization and/or booking office on the other hand are exclusively conducted through the booking party.
  • The (other) traveler(s) is/are each liable for their own share.


    • Article 7 Information third parties

    Bungalow.Net is not responsible for general information conveyed in photos, brochures, adverts, websites and other formats insofar as they have been produced or published under the responsibility of a third party/parties.

    Article 8 Payment
  • Upon the creation of the contract, a down payment must be paid right away which is equal to 50% of the total agreed upon travel sum + any contracted insurance(s).
  • The remainder of the travel sum must be received by Bungalow.Net no later than six weeks prior to the day of departure. In the case of late payment, the traveler is in default. He/she is advised of this in writing by Bungalow.Net, after which he/she has a further opportunity to settle the payable amount within 7 working days. If he/she fails to pay within that period, the contract will be deemed to have been canceled on the day of default. Bungalow.Net is then entitled to collect cancellation costs. In this case the sum already paid will be deducted from the payable cancellation costs.
  • If the contract is concluded within 9 weeks of the day of departure, the travel sum must be paid immediately and in full.


    • Article 9 Information
  • If the traveler is unable to take part in the (entire) trip because of the absence of any (valid) document, this and all resulting consequences will be on his account.
  • The traveler him/herself is responsible for having the required documents on their person, such as a passport that meets all the requisite validity criteria, or, where permitted, a tourist identity card and any required visas, proof of inoculations and vaccinations, driving license and green card.
  • The traveler will be informed of the possibility of taking out holiday cancellation insurance and travel insurance either by or at the request of the travel organizer.


    • Article 10. Travel documents
  • Bungalow.Net will place the required travel documents in the possession of the traveler no later than 10 days before the first day of arrival at the booked accommodation, unless this cannot be reasonably required of Bungalow.Net.
  • If the traveler has not yet received the required travel documents by at most 5 working days prior to departure, he/she will notify Bungalow.Net without delay.
  • If a travel package is booked within 10 days before the first date of arrival, Bungalow.Net will indicate when and in what manner the required travel documents will be placed in the possession of the traveler.
  • If the traveler has not received these in a timely manner, he/she will notify Bungalow.Net without delay.


    • Article 11. Changes instigated by the traveler
  • After the creation of the contract the traveler may request changes to the contract with Bungalow.Net, provided this is communicated in writing and that the possible cancellation costs are taken into account. Bungalow.Net will charge the traveler a booking change fee of € 35.00. Changes made to an option booking are free of charge.
  • The traveler may cancel or appoint a substitute tenant at any point, provided this is communicated in writing and that the cancellation costs are taken into account. When appointing a substitute tenant, both the booking party and the new tenant need to confirm their agreement to this in writing to Bungalow.Net.
  • A change in the date of departure or a reduction in the number of paying travelers is treated as a (partial) cancellation. In this case, no booking change or communication costs are due. Ask Bungalow.Net for the exact fee in this case.


    • Article 12. Cancellation by the traveler
  • In the case of self-transport packages to living units such as bungalows, apartments, motorboats, sailing yachts, on-site caravans and campsite reservations, in addition to any booking charges, the cancellation charges are as follows:
    • Cancellation up to the 42nd day(exclusive) prior to the day of arrival: the down payment;
    • Cancellation from the 42nd day (inclusive) up to the 28th day (exclusive) prior to the day of arrival: 60% of the travel sum;
    • Cancellation from the 28th day(inclusive) up to the day of arrival: 90% of the travel sum;
    • Cancellation on the day of arrival or later: the full travel sum.
    Cancellations outside office hours are deemed to have been made on the next business day. Office hours are understood to be from Monday to Friday from 8:30 am to 6pm and Saturday from 9:00 am to 6:00 pm, exclusive of recognized holidays.

    Article 13. Changes instigated by Bungalow.Net
    Bungalow.Net's offer is composed of the available periods in the rental calendars of collaborating landlords, who are responsible for the accuracy of their availability. In case of errors in availability and pricing, Bungalow.Net will offer the traveler an equivalent alternative. Equivalence is judged by objective standards, by which the following aspects are taken into account:
    • The location of the accommodation with respect to the place of destination;
    • The nature and class of the accommodation;
    • Additional facilities offered by the accommodation.
    • The composition of the group of travelers.
    The traveler can exercise his/her right to reject the change or alternative offer. In that case the traveler is entitled to a waiver or restitution of the travel price (or, if part of the travel package has already been completed, to restitution of a proportionate part there of) within 2 weeks.

    Article 14. Exclusion and limitation of Bungalow.Net’s liability
  • Bungalow.Net is not liable for obvious errors on the website or for errors in the information provided to the traveler which are dependent upon third parties.
  • Nor is Bungalow.Net liable if and in so far as the traveler has been able to claim his/her loss under an insurance policy, such as a travel and/or holiday cancellation insurance policy.
  • If Bungalow.Net is liable vis-à-vis the traveler for loss of enjoyment, the compensation will not exceed the total travel price.
  • The exclusions and/or limitations of the travel organizer’s liability included in this article also apply to the employees of Bungalow.Net, the booking office and the service providers involved, as well as their staff, unless this is excluded by a Treaty or Act.


    • Article 15. The travelers' obligations
  • The traveler(s) is/are obliged to comply with all instructions provided by Bungalow.Net to promote the proper fulfillment of the travel package and is/are liable for loss caused by any improper conduct on his/her/their part. The criterion for judging whether conduct is improper will be the conduct of a properly behaved traveler.
  • The traveler who causes or may cause such nuisance or trouble that the proper fulfillment of a travel package is or may be greatly hindered can be excluded from (continuing) the trip by Bungalow.Net, if the latter cannot be reasonably required to fulfill the contract.
  • All ensuing costs will be borne by the traveler if and in so far as the consequences of the nuisance or trouble can be attributed to him/her. If and insofar as the cause of the exclusion cannot be attributed to the traveler, the travel sum will be wholly or partly refunded to him/her.
    • The traveler is obliged wherever possible to avoid or limit causing any loss or damage. Any damage is to be reported to the landlord and to Bungalow.Net without delay.

    Article 16. Interest and collection costs
    The traveler who fails to fulfill a financial obligation to Bungalow.Net on time will be required to pay legal interest on the outstanding amount. In addition, he/she will be required to pay any out-of-court settlement costs equal to 15% of the claimed sum, unless this amount, given the collection work involved and the payable amount, is deemed unfair.

    Article 17. What to do in case you encounter issues during your stay?
  • If something goes wrong during your stay, we advise you to reach out to the property owner or the front desk. To contact them, either go to the reception or call the special emergency phone number you received when reserving your accommodation.
  • It is highly recommended to report an issue within 24 hours of its occurrence.
  • Ideally, the issue is resolved on the spot. However, this may not always be possible. If an issue cannot be resolved immediately, it is advised to contact the Bungalow.Net customer service team in order to mediate between the two parties.
  • We do our best to offer a fair solution to both our guests and owners. Should you, however, feel that the issue at hand has not been resolved properly, you can submit it to the Thuiswinkel Disputes Committee or to this Disputes Committee via the European ODR Platform.


    • Article 18. Terms and conditions for the Cancellation Fund
    What do we mean by ... ?
  • Interruption compensation: the compensation you receive for each unused day of your trip.
  • Cancellation costs: the full or partial travel costs and/or the administration charges for the booking which you must pay if you cancel a trip that you have booked. The maximum amount for this is the insured sum shown on your bookings confirmation.
  • Payment: You are obliged to pay the premium of the cancellation fund directly at the start of the insured period.
  • Serious illness: an illness that will not be cured without immediate treatment and that may have permanent consequences even with treatment.
  • Family members in the first degree: your (ex-) spouse or the person with whom you live and with whom you have a registered partnership or cohabitation contract, parents*, adoptive parents*, foster parents*, stepparents*, in-laws*, children, adopted children, foster children, stepchildren, sons-in-law* and daughters-in-law*.
  • Family members in the second degree: brothers, sisters, grandparents*, grandchildren, brothers-in-law* and sisters-in-law*.
  • Family members in the third degree: nephews and nieces (children of brothers or sisters only), uncles* and aunts* (brothers or sisters of your father or mother only), great-grandparents* and great-grandchildren.
  • Family: the people who live with you in your home and with whom you are travelling. If you travel alone, we also regard you as a family.
  • Person living in your home: a person that you live with (in familiar atmosphere) in your home, but you are not travelling with. Student housing is excluded.
  • Co-insured: a person who, like you, is insured on the basis of this cancellation fund.
  • Unused travel days: travel days that you have not been able to spend at your destination or in your accommodation due to an unexpected event.
  • Accident: a sudden external violent incident. Any injury must be confirmed by a physician.
  • Trip: booked travel and/or accommodation.
  • Travel companion: a person with whom you have booked a travel or rental arrangement. This person is named in the booking or reservation form.
  • Travel sum: the total amount that you prepaid to Bungalow.Net for bookings and reservations for accommodation. The costs that you incur at your destination are not included in the travel sum. These are services and costs directly paid to the landlord/caretaker, but also e.g. tickets for museums or attractions and excursions.
  • Travel sum per day: the total, prepaid travel sum, divided by the total number of travel days.
  • You/your: the person who has contracted the fund and any co-insured persons.
    • * This refers to partners that have the same relationship through marriage, a registered partnership and/or cohabitation agreement.
    Cancelling your trip
    • When are you insured?
      You are insured for cancellation costs from as soon as you have contracted this fund until the day of departure from your holiday accommodation as stated in the confirmation.
    • What are you insured for?
      The travel sum, including the surcharges that you have paid in advance to Bungalow.Net, is insured.
    • In which cases are you insured?
      You are insured for cancellation costs in the folowing cases:
      1. You, a family member in the first or second degree or a person who lives in your home dies, becomes seriously ill or is seriously injured in an accident.
      2. A family member in the third degree dies.
      3. After booking your trip, you or your partner discover that you/she is/are pregnant and this has direct consequences for the trip that you have booked.
      4. You, a co-insured, a person who shares your home or a child living at home must undergo a medically necessary intervention.
      5. Less than 30 days before the start of the trip you unexpectedly find a rental or new estate house. You are also insured if, during your trip, you have to be present for the transfer of your existing home, but only if you have no influence on the delivery or transfer date.
      6. The person who lives abroad and with whom were going to stay with during your trip becomes seriously ill, is seriously injured in an accident or dies, and as a result can no longer have you stay.
      7. For unexpected medical reasons you cannot have the inoculations that are mandatory for your travel destination. There was also no way that you could have known this.
      8. Unexpectedly, through no fault of your own, you cannot obtain a visa for your travel destination abroad.
      9. Through no fault of your own, you lose your permanent job and become unemployed.
      10. After a period of unemployment, you are offered a job and your new employer does not accept the trip that you have booked, because he needs you to be at work on the days on which your trip is planned. This must involve a job for at least 20 hours per week, for a minimum of six months.
      11. Your long-term relationship or marriage unexpectedly breaks up. ‘Long-term relationship’ refers to a relationship with a shared household.
      12. On the day of your departure you lose your travel documents and immediately report this to the police.
      13. Your parent(s) or child(ren) unexpectedly needs (need) care urgently, which only you can provide.
      14. The private vehicle with which you were to make the trip breaks down 30 days before the start of the trip, due to an external problem. The vehicle cannot be replaced or repaired in time. An ‘external problem’ is e.g. a collision, a storm or theft. This does not include purely mechanical breakdowns and the like.
      15. You or another insured must be at home, due to material damage to a property, rented house or the company where you or the coinsured person work.
      All of these events are unforeseen, happen unexpectedly and take place during the term of this cancellation fund policy.
    • What is not insured?
      Did you contract the cancellation fund more than seven days after booking the trip? And do you have to cancel your trip due to an illness or disorder suffered by you, a family member in the first, second or third degree, your deputy or a person who shares your home? And did this illness or disorder already occur in the three months before you contracted the fund? In that case you will receive no reimbursement for your cancellation costs.
    • What will you be reimbursed?
      We reimburse the cancellation costs, to a maximum of the travel sum, including the surcharges that you have paid in advance to Bungalow.Net.
      The maximum amount that we reimburse for this is the amount shown on your bookings confirmation.
      The reimbursement for all insured are limited to reimbursement for a maximum of 4 families or 9 travelers (non-family).
      Has the travel agency already repaid you part of the travel sum or are you entitled to this? Then we will deduct this amount from our reimbursement. The same applies for any other reimbursements that you have received or to which you are entitled.
    Interrupting your trip
    • When are you insured?
      You are insured throughout the trip. The commencement and end dates for your trip are shown on your bookings confirmation.
    • In which cases are you insured?
      With this cover you are entitled to compensation if you have to return home early during your trip, but this applies only in the following cases:
      1. You, a family member in the first or second degree or a person who lives in your home dies, becomes seriously ill or is seriously injured in an accident.
      2. A family member in the third degree dies.
      3. You or your partner suffer complications during pregnancy.
      4. You, your partner or a child living at home must unexpectedly undergo a medically necessary intervention.
      5. The person that you were going to stay with during your trip who lives abroad becomes seriously ill, is seriously injured in an accident or dies and, as a result, can no longer have you stay.
      6. You must return due to serious damage to your home or the company where you work.

      Are you entitled to compensation? Then this does not apply for your entire group of travel companions, but for a maximum of one family insured with us, or one co-insured. If you or a co-insured person die, all insured persons are then entitled to this cover.
    • What is not insured?
      Did you contract the cancellation fund more than seven days after booking the trip? And do you have to cancel your trip due to an illness or disorder suffered by you, a family member in the first, second or third degree, your deputy or a person who shares your home? And did this illness or disorder already occur in the three months before you contracted the fund? In that case you will receive no reimbursement for your cancellation costs.
    • What will you be reimbursed?
      Did you have to interrupt your trip early and did you actually return early? Then you are entitled to compensation for the unused travel days. We reimburse only full days. We deduct the amounts that have already been refunded to you from the compensation.


    Article 19. Conditions Damage Fund
    The insurance is valid for the rental period of the accommodation specified in the bookings confirmation.

    Within the period of validity of the insurance, the cover becomes effective as soon as the insured and/or his baggage have occupied the lodging accommodation at the commencement of the agreed rental period (including a hotel room or a boat) and it terminates as soon as the insured and/or his baggage leave the lodging accommodation at the end of the rental period.

    The insured is obliged to pay the premium before the commencement of the insurance. As soon as the cover has become effective, there is no right to repayment of the premium.

    Coverage Damage Lodging Accommodation
    Reimbursement is made for:
    - damage to lodging accommodations and the inventory that the insured has received in lease or rent.
    - damage occurred to a rented safety box during the stay, as a result of loss of its key.
    - damage occurred to front door, when it needed to be broken down as a result of loss of the key to the lodging accommodation.
    - Reimbursement is made when the insured is held liable for the occurred damage and the damage is over € 25,-
    - The maximum reimbursement is € 2500,- per rental agreement.
    No payments or assistance shall be made or provided for claims:
    - if the insured or interested party makes a false statement and/or gives an incorrect version of events. In such situations, the right to payment shall cease to be effective in respect of the entire claim, even in respect of those parts of the claim for which no false statements were made and/or incorrect versions of events given;
    - if the insured or interested party fails to fulfill any of the obligations resting on him under this insurance policy;
    - caused or having become possible by the gross negligence or intention or with the aim of the insured or interested party, or an attempt to this end;
    - which are directly or indirectly associated with the suicide of the insured, or an attempt to such an end;
    - in connection with or as a consequence of participating in or committing a crime, or an attempt to such an end;
    - caused or having become possible by the insured drinking alcohol, or taking intoxicating, stimulating or similar substances;
    No payment will be made for claims caused whilst carrying out activities in connection with which a prohibition has knowingly and willfully been ignored.
    No payment will be made for damage caused by driving or sailing with the lodging accommodation.

    General obligations
    The insured or interested party shall be obliged:
    - to do everything reasonably possible to prevent, minimize or limit damage;
    - to give Bungalow.Net the co-operation reasonably required and to supply information truthfully;
    - to demonstrate the circumstances leading to a request for payment;
    - to submit original documentary evidence;
    - to co-operate with the recovery from third parties, possibly by a transfer of rights.

    The insured and the interested party are obliged to submit to Bungalow.Net applications for payment and/or assistance stating the policy details together with the invoices as soon as possible but not later than within 1 month after the period of validity of the insurance has expired, by means of sending a fully completed and signed claims form.

    Notices given together with this serve also to assess the claim and the right to payment.

    Thuiswinkel Pdf version

    General Terms and Conditions of Thuiswinkel.org

    These General Terms and Conditions of Thuiswinkel.org were drawn up in consultation with the Consumers’ Association within the framework of the Self-Regulation Coordination Group (CZ) of the Social and Economic Council and will become operable as of 1st June 2014.

    Index:
    Article 1 - Definitions
    Article 2 - Identity of the trader
    Article 3 - Applicability
    Article 4 - The offer
    Article 5 - The contract
    Article 6 - Right of withdrawal
    Article 7 - Customers’ obligations in case of withdrawal
    Article 8 - Customers who exercise their right of withdrawal and the costs involved
    Article 9 - Traders’ obligations in case of withdrawal
    Article 10 - Precluding the right of withdrawal Article 11 - The price
    Article 12 - Contract fulfilment and extra guarantee
    Article 13 - Delivery and implementation
    Article 14 - Extended duration transactions: duration, termination and prolongation
    Article 15 - Payment
    Article 16 - Complaints procedure
    Article 17 - Disputes
    Article 18 - Branch guarantee
    Article 19 - Additional or different stipulations
    Article 20 - Amendment to the general terms and conditions of Thuiswinkel.org

    Article 1 – Definitions
    The following definitions apply in these terms and conditions:
    1. Supplementary agreement: an agreement in which a consumer obtains products, digital content and/or services via a distance contract, and a trader or a third party delivers these products, digital content and/or services in accordance with an agreement between that third party and the trader;
    2. Withdrawal period: the period within which a consumer can make use of his right of withdrawal;
    3. Consumer: a natural person whose actions are not carried out for objectives relating to the course of a trade, a profession or a business;
    4. Day: calendar day;
    5. Digital content: data that are produced and supplied in digital form;
    6. Extended duration transaction: a distance contract relating to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
    7. Durable medium: every means - including emails - that enables a consumer or trader to store information that is addressed to him in person in a way that facilitates its future use or consultation during a period that is in keeping with the objective for which the information is intended, and which facilitates the unaltered reproduction of the stored information;
    8. Right of withdrawal: the possibility for a consumer to waive a distance contract within the withdrawal period;
    9. Trader: a natural or legal person who is a member of Thuiswinkel.org and who offers products, (access to) digital content and/or services to consumers from a distance;
    10. Distance contract: a contract concluded between a trader and a consumer within the framework of system organized for the distance sale of products, digital content and/or services, whereby sole or partly use is made of one or more techniques for distance communication up to and including the moment that the contract is concluded;
    11. Model form for right of withdrawal: the European model form for right of withdrawal that is included in Appendix I of these terms and conditions. The trader is not obliged to provide Appendix I if the consumer has no right of withdrawal with regard to his order;
    12. Technique for distance communication: means that can be used for communication regarding the offer made by the trader and concluding a contract, without the necessity of the consumer and trader being in the same place at the same time.

    Article 2 - Identity of the trader
    Bungalow.Net Holidays BV;
    CoC-number: 0779678476;
    VAT number: BE0779678476;
    Antwerpsesteenweg 51 bus 1, 2350 Vosselaar, Belgium;
    Email: info@bungalow.net;
    Tel: +31 (0)38 333 01 01

    Should the activity of the trader be subject to a relevant licensing system: the data of the supervising authority.
    Should the trader practice a regulated profession:
    - the professional association or organization with which he is affiliated;
    - the professional title, the town/city in the EU or EEA where this was granted;
    - a reference to the professional rules that apply in the Netherlands and instructions as to where and how these professional rules can be accessed.

    Article 3 – Applicability
    1. These general terms and conditions apply to every offer made by a trader and to every distance contract that has been realized between an trader and a consumer.
    2. Prior to the conclusion of a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the trader will indicate, before the distance contract is concluded, in what way the general terms and conditions are available for inspection at the trader’s premises and that they will be sent free of charge to the consumer, as quickly as possible, at the consumer’s request.
    3. If the distance contract is concluded electronically, then, contrary to the previous paragraph, and before the distance contract is concluded, the consumer will be provided with the text of these general terms and conditions electronically, in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, then before concluding the distance contract, the trader will indicate where the general terms and conditions can be inspected electronically and that at his request they will be sent to the consumer free of charge, either electronically or in some other way.
    4. In cases where specific product or service-related terms and conditions apply in addition to these general terms and conditions, the second and third paragraphs apply by analogy and the consumer can always invoke the applicable condition that is most favorable to him in the event of incompatible general terms and conditions..

    Article 4 - The offer
    1. If an offer is subject to a limited period of validity or is made subject to conditions, this will be explicitly mentioned in the offer.
    2. The offer contains a complete and accurate description of the products, digital content and/or services being offered. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If the trader makes use of illustrations, these will be a true representation of the products and/or services being offered. The trader is not bound by obvious errors or mistakes in the offer.
    3. Every offer contains information that makes it clear to the consumer what rights and obligations are related to the acceptance of the offer.

    Article 5 - The contract
    1. The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment at which the consumer accepts the offer and the conditions thereby stipulated have been fulfilled.
    2. If the consumer has accepted the offer electronically, the trader will immediately confirm receipt of acceptance of the offer electronically. The consumer can dissolve the contract as long as this acceptance has not been confirmed by the trader.
    3. If the contract is concluded electronically, the trader will take suitable technical and organizational measures to secure the electronic transfer of data and he will ensure a safe web environment. If the consumer is able to pay electronically, the trader will take suitable security measures.
    4. The trader may obtain information – within statutory frameworks – about the consumer’s ability to fulfill his payment obligations, as well as about facts and factors that are important for the responsible conclusion of the distance contract. If that research gives the trader proper grounds for declining to conclude the contract, then he has a right, supported by reasons, to reject an order or application or to bind its implementation to special conditions.
    5. The trader will send to a consumer, at the latest when delivering a product, service or digital content, the following information, in writing, or in such a way that the consumer can store it on an accessible durable medium:
    a. the office address of the trader’s business location where the consumer can lodge complaints;
    b. the conditions under which the consumer can make use of the right of withdrawal and the method for doing so, or a clear statement relating to preclusion from the right of withdrawal;
    c. information on guarantees and existing after-sales service;
    d. the price, including all taxes on the product, service or digital content; the costs of delivery insofar as applicable, and the method of payment, delivery or implementing the distance contract;
    e. the requirements for terminating the contract, if the duration of the contract exceeds one year or if it is indefinite;
    f. if the consumer has a right of withdrawal, the model form for right of withdrawal.
    6. In case of an extended duration contract, the stipulation in the previous paragraph applies only to the first delivery.

    Article 6 - Right of withdrawal
    Upon delivery of products
    1. When purchasing products, a consumer has the right to dissolve a contract, without giving reasons, during a period of at least 14 days. The trader is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).
    2. The period stipulated in para. 1 commences on the day after the product was received by the consumer, or a third party designated by the consumer, who is not the transporting party, or:
    a. if the consumer has ordered several products: the day on which the consumer, or a third party
    designated by the consumer, received the last product. The trader may refuse a single order for several products with different delivery dates, provided he clearly informed the consumer of this prior to the ordering process.
    b. if the delivery of a product involves different deliveries or parts: the day on which the consumer, or a third party designated by the consumer, received the last delivery or the last part;
    c. with contracts for the regular delivery of products during a given period: the day on which the consumer, or a third party designated by the consumer, received the last product.

    Upon delivery of services and digital content that is not supplied on a material medium:
    3. A consumer has the right to dissolve a contract, without giving reasons, for the supply of digital content that is not supplied on a material medium during a period of at least fourteen days. The trader is allowed to ask a consumer for the reason of this dissolution, but the consumer is under no obligation to state his/her reason(s).
    4. The period stipulated in para. 3 commences on the day after the contract was concluded.

    Extended withdrawal period for products, services and digital content that is not supplied on a material medium in the event a consumer was not informed about the right of withdrawal:
    5. If the trader did not provide the consumer with the statutorily obligatory information about the right of withdrawal or if the model form was not provided, the withdrawal period ends twelve months after the end of the originally stipulated withdrawal period based on the previous paragraphs of this article.
    6. If the trader provided the consumer with the information referred to in the previous paragraph within twelve months of the commencing date of the original withdrawal period, the withdrawal period shall end 14 days after the day on which the consumer received the information.

    Article 7 - Consumers’ obligations during the withdrawal period
    1. During the withdrawal period, the consumer shall treat the product and its packaging with care. He shall only unpack or use the product in as far as necessary in order to assess the nature, characteristics and efficacy of the product. The point of departure here is that the consumer may only handle and inspect the product in the same way that he would be allowed in a shop.
    2. The consumer is only liable for the product’s devaluation that is a consequence of his handling the product other than as permitted in para. 1.
    3. The consumer is not liable for the product’s devaluation if the trader did not provide him with all the statutorily obligatory information about the right of withdrawal before the contract was concluded.

    Article 8 - Consumers who exercise their right of withdrawal and the costs involved
    1. A consumer who wants to exercise his right of withdrawal shall report this to the trader, within the withdrawal period, by means of the model form for right of withdrawal or in some other unequivocal way.
    2. As quickly as possible, but no later than 14 days after the day of reporting as referred to in para. 1, the consumer shall return the product, or hand it over to (a representative of) the trader. This is not necessary if the trader has offered to collect the product himself. The consumer will in any case have complied with the time for returning goods if he sends the product back before the withdrawal period has lapsed.
    3. The consumer returns the product with all relevant accessories, if reasonably possible in the original state and packaging, and in accordance with the reasonable and clear instructions provided by the trader.
    4. The risk and the burden of proof for exercising the right of withdrawal correctly and in time rest upon the consumer.
    5. The consumer bears the direct costs of returning the product. If the trader has not declared that the consumer shall bear these costs or if the trader indicates a willingness to bear these costs himself, then the consumer shall not be liable to bear the costs of returning goods.
    6. If the consumer exercises his right of withdrawal, after first explicitly having asked that the service provided or the delivery of gas, water or electricity not prepared for sale shall be implemented in a limited volume or a given quantity during the period of withdrawal, the consumer shall owe the trader a sum of money that is equivalent to that proportion of the contract that the trader has fulfilled at the moment of withdrawal, in comparison with fulfilling the contract entirely.
    7. The consumer shall bear no costs for implementing services or the supply of water, gas or electricity not prepared for sale – in a limited volume or quantity – or for delivering city central heating, if:
    a. the trader did not provide the consumer with the statutorily obligatory information about the right of withdrawal, the costs payable in the event of withdrawal or the model form for right of withdrawal, or:
    b. the consumer did not explicitly ask about the commencement of implementing the service or the delivery of gas, water, electricity or city central heating during the period of withdrawal.
    8. The consumer shall bear no costs for the entire or partial supply of digital content that is not supplied on a material medium, if:
    a. prior to delivery, he did not explicitly agree to commencing fulfilment of the contract before the end of the period of withdrawal;
    b. he did not acknowledge having lost his right of withdrawal upon granting his permission; or
    c. the trader neglected to confirm this statement made by the consumer.
    9. If a consumer exercises his right of withdrawal, all supplementary agreements are legally dissolved.

    Article 9 - Traders’ obligations in a case of withdrawal
    1. If the trader makes it possible for a consumer to declare his withdrawal via electronic means, then after receiving such a declaration, he sends immediate confirmation of receipt.
    2. The trader reimburses the consumer immediately with all payments, including any delivery costs the trader charged for the returned product, though at the latest within 14 days after the day on which the consumer reported the withdrawal. Except in cases in which the trader has offered to retrieve the product himself, he can postpone refunding until he has received the product or until the consumer proves he has returned the product, depending on which occurs earlier.
    3. For any reimbursement, the trader will use the same payment method that was initially used by the consumer, unless the consumer agrees to another method. Reimbursement is free of charge for the consumer.
    4. If the consumer chose an expensive method of delivery in preference to the cheapest standard delivery, the trader does not have to refund the additional costs of the more expensive method.

    Article 10 - Precluding the right of withdrawal
    The trader can preclude the right of withdrawal for the following products and services, but only if the trader stated this clearly when making the offer, or at least in good time prior to conclusion of the contract:
    1. Products or services whose prices are subject to fluctuations on the financial market over which the trader has no influence and which can occur within the period of withdrawal;
    2. Contracts concluded during a public auction. A public auction is defined as a sales method whereby a trader offers products, digital content and/or services at an auction, under the directions of an auctioneer, and whereby the successful purchaser is obliged to purchase the products, digital content and/or services;
    3. Service contracts, after full completion of the service, but only if:
    a. implementation started with the explicit prior agreement of the consumer; and
    b. the consumer declared having lost his right or withdrawal as soon as the trader had completed the contract in full;
    4. Package travels, package holidays and package tours as referred to in article 7:500 BW and contracts on passenger transport;
    5. Service contracts providing access to accommodation, if the contract already stipulates a certain date or period of implementation and other than for the purpose of accommodation, the transport of goods, car rental services and catering;
    6. Contracts relating to leisure activities, if the contract already stipulates a certain date or period of implementation;
    7. Products manufactured according to the consumer’s specifications, which were not prefabricated and were made based on a consumer’s specific choice or decision, or which are clearly intended for a specific person;
    8. Products subject to rapid decay or with a limited shelf-life;
    9. Sealed products that, for reasons relating to the protection of health or hygiene, are unsuited to returning and whose seal was broken subsequent to delivery;
    10. Products that, due to their nature, have been irretrievably mixed with other products;
    11. Alcoholic drinks whose price was agreed when concluding the contract, but the delivery of which can only take place after 30 days, and the actual value of which depends on market fluctuations over which the trader has no influence;
    12. Sealed audio/video-recordings and computer apparatus whose seal was broken after delivery;
    13. The delivery of digital content other than on a material medium, but only if:
    a. the delivery commenced with the consumer’s explicit prior agreement, and
    b. the consumer declared that this implied his having lost his right of withdrawal.

    Article 11 - The price
    1. During the period of validity indicated in the offer, the prices of the products and/or services being offered will not be increased, except for price changes in VAT-tariffs. 2. Contrary to the previous paragraph, the trader may offer products or services at variable prices, in cases where these prices are subject to fluctuations in the financial market over which the trader has no influence. The offer must refer to this link with fluctuations and the fact that any prices mentioned are recommended prices. 3. Price increases within 3 months after the contract was concluded are only permitted if they are the result of statutory regulations or stipulations. 4. Price increases more than 3 months after the contract was concluded are only permitted if the trader stipulated as much and: a. they are the result of statutory regulations or stipulations; or b. the consumer is authorized to terminate the contract on the day on which the price increase takes effect. 5. Prices stated in offers of products or services include VAT.

    Article 12 - Contract fulfilment and extra guarantee
    1. The trader guarantees that the products and/or services fulfill the contract, the specifications stated in the offer, the reasonable requirements of reliability and/or serviceability and the statutory stipulations and/or government regulations that existed on the date that the contract was concluded. If agreed the trader also guarantees that the product is suited for other than normal designation.
    2. An extra guarantee arrangement offered by the trader, manufacturer or importer can never affect the statutory rights and claims that a consumer can enforce against the trader on the grounds of the contract if the trader failed to fulfil his part in the contract.
    3. An extra guarantee is defined as every commitment of a trader, his supplier, importer or manufacturer that grants a consumer rights or claims, in excess of those provided by law, for the event that he fails to fulfil his part in the contract.

    Article 13 - Supply and implementation
    1. The trader will take the greatest possible care when receiving and implementing orders for products and when assessing applications for the provision of services.
    2. The place of delivery is deemed to be the address that the consumer makes known to the company.
    3. Taking into consideration that which is stated in article 4 of these general terms and conditions, the company will implement accepted orders with efficient expedition, though at the latest within 30 days, unless a different period of delivery has been agreed. If delivery suffers a delay, or if the delivery cannot be implemented, or only partially, the consumer will be informed about this at the latest 30 days after the order was placed. In this case, the consumer has a right to dissolve the contract free of charge and a right to possible damages.
    4. Following dissolution in accordance with the previous paragraph, the trader refunds the consumer immediately the sum he had paid.
    5. The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer or a representative previous designated by the consumer and announced to the trader, unless this has explicitly been agreed otherwise.

    Article 14 - Extended duration transactions: duration, termination and prolongation
    Termination
    1. The consumer has a right at all times to terminate an open-ended contract that was concluded for the regular supply of products (including electricity) or services, subject to the agreed termination rules and a period of notice that does not exceed one month.
    2. The consumer has a right at all times to terminate a fixed-term contract that was concluded for the regular supply of products (including electricity) or services at the end of the fixed-term, subject to the agreed termination rules and a period of notice that does not exceed one month.
    3. With respect to contracts as described in the first two paragraphs, the consumer can:
    - terminate them at all times and not be limited to termination at a specific time or during a specific period;
    - terminate them in the same way as that in which they were concluded;
    - always terminate them subject to the same period of notice as that stipulated for the trader.
    Prolongation
    4. A fixed-term contract that was concluded for the regular supply of products (including electricity) or services may not be automatically prolonged or renewed for a fixed period of time.
    5. In departure from that which is stated in the previous paragraph, a fixed-term contract that has been concluded for the regular supply of daily or weekly newspapers or magazines may be automatically prolonged for a fixed term that does not exceed three months, if the consumer is at liberty to terminate this prolonged contract towards the end of the prolongation, with a period of notice that does not exceed one month.
    6. A fixed-term contract that has been concluded for the regular supply of products or services may only be automatically prolonged for an indefinite period of time if the consumer has at all times the right to terminate, with a period of notice that does not exceed one month and, in the case of a contract to supply daily or weekly newspapers or magazines regularly but less than once per month, a period that does not exceed three months.
    7. A fixed term contract for the regular supply, by way of introduction, of daily or weekly newspapers and magazines (trial subscriptions or introductory subscriptions) will not be automatically prolonged and will automatically terminate at the end of the trial period or introductory period.
    Duration
    8. If the fixed-term of a contract exceeds one year, then after one year the consumer has at all times a right to terminate, with a period of notice that does not exceed one month, unless reasonableness and fairness dictate that premature termination of the contract would be unacceptable.

    Article 15 - Payment
    1. As far as no other date is stipulated in the contract or supplementary conditions, sums payable by the consumer should be paid within 14 days after commencement of the withdrawal period, or in the absence of a withdrawal period within 14 days after the conclusion of the contract. In the case of a contract to provide a service, this 14-day period starts on the day after the consumer received confirmation of the contract.
    2. When selling products to consumers, the general terms and conditions may never stipulate an advance payment in excess of 50%. Where advance payment is stipulated, the consumer cannot invoke any rights whatsoever in relation to the implementation of the order or service(s) in question before the stipulated advance payment has been made.
    3. The consumer is obliged to report immediately to the trader any inaccuracies in payment data provided or stated.
    4. If a consumer fails to fulfil his payment obligation(s) in good time, after the trader has informed the consumer about the late payment, the consumer is allowed 14 days in which to fulfil the obligation to pay; if payment is not made within this 14-day period, statutory interest will be payable over the sum owed and the trader has the right to charge reasonable extrajudicial costs of collection he has incurred. These costs of collection amount to, at the most: 15% of unpaid sums up to €2,500; 10% over the next €2,500; and 5% over the next €5,000, with a minimum of €40. The trader can make departures from these sums and percentages that are favorable to the consumer.
    Article 16 - Complaints procedure
    1. The trader provides for a complaints’ procedure, that has been given sufficient publicity, and will deal with a complaint in accordance with this complaints’ procedure.
    2. A consumer who has discovered shortcomings in the implementation of a contract must submit any complaints to the trader without delay, in full and with clear descriptions.
    3. A reply to complaints submitted to the trader will be provided within a period of 14 days, calculated from the date of receipt. If it is anticipated that a complaint will require a longer processing time, then the trader will reply within 14 days, confirming receipt and indicating when the consumer can expect a more elaborate reply.
    4. A complaint about a product, a service or the trader’s service can also be submitted via a complaints’ form on the consumer’s page of the website of Thuiswinkel.org, www.thuiswinkel.org. The complaint is then sent both to the trader concerned and Thuiswinkel.org.
    5. The consumer should give the trader a time period of at least 4 weeks to solve the complaint in joint consultation. After this period of time, the complaint becomes a dispute that is subject to the disputes’ settlement scheme.

    Article 17 - Disputes
    1. Contracts entered into between a trader and a consumer and which are subject to these general terms and conditions are subject only to Dutch law.
    2. Disputes between a consumer and a trader over the conclusion or exercising of contracts relating to products and services to be supplied by this trader can be put before the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl), by either the consumer or the trader, with due observance of that which is stipulated below.
    3. The Disputes Committee will only deal with a dispute if the consumer first put his complaint, without delay, to the trader.
    4. If the complaint does not lead to a solution, the dispute should be submitted to the Disputes Committee no later than 12 months after the consumer submitted the complaint to the trader. 5. If a consumer wants to put a dispute before the Disputes Committee, the trader is bound by that choice. Preferably, the consumer notifies the trader first.
    6. If a trader wishes to put a dispute before the Disputes Committee, then the consumer will indicate, in response to a written request made by the trader, whether he is in contract, or prefers the dispute to be dealt with by the competent law-court. If the consumer does not indicate his choice to the trader within a period of five weeks, then the trader has a right to put the dispute before the competent law-court.
    7. Rulings of the Disputes Committee are subject to the conditions as stipulated in the regulations of the Disputes Committee. Decisions of the Disputes Committee take the form of binding advice.
    8. The Disputes Committee will not deal with a dispute – or will terminate their intervention – if the trader has been granted a suspension of payments, gone bankrupt or has actually terminated business activities before the committee dealt with the dispute during a session and rendered a final ruling.
    9. If, alongside the Thuiswinkel Disputes Committee, there is another competent disputes committee that is recognized or one that is affiliated with the Disputes Committee Foundation for Consumer Affairs (SGC) or the Complaints Institute Financial Services (Kifid), the Thuiswinkel Disputes Committee shall preferably have jurisdiction for disputes that relate principally to the sales method or to providing services long-distance. For all other disputes, this this will be the other disputes committee that is recognized by the SGC or affiliated with the Kifid.

    Article 18 - Branch guarantee
    1. Thuiswinkel.org guarantees the fulfilment of obligations of her members in relation to binding advices imposed on them by the Thuiswinkel Disputes Committee, unless the member decides to put the binding advice before a law-court for verification within two months after de date of that advice. In case of law-court verification the suspension of the guarantee will end and the guarantee will come into effect again upon the court ruling becoming final and conclusive, whereby the court has declared that the binding advice has binding effect. Up to a maximum sum of €10,000 per binding advice Thuiswinkel.org will pay this sum to the consumer. In case of sums higher than €10,000 per binding advice, the sum of €10,000 will be paid. In as far as the sum is higher than €10,000, Thuiswinkel.org has the obligation to take reasonable adequate efforts to pursue the member to fulfil the binding advice.
    2. Application of this guarantee requires the consumer to submit a written appeal to Thuiswinkel.org and to transfer his claim on the trader to Thuiswinkel.org. In as far as the claim on the trader exceeds the sum of €10,000, the consumer will be offered the possibility to transfer his claim on the trader above the sum of €10,000 to Thuiswinkel.org, where after this organization will pursue payment of the claim in court on her own title and costs.

    Article 19 - Additional or different stipulations
    Additional stipulations or stipulations that differ from these general terms and conditions, may not be detrimental to the consumer and should be recorded in writing, or in such a way that consumers can store them in a readily accessible manner on a durable medium.

    Article 20 - Amendment to the general terms and conditions of Thuiswinkel.org
    1. Thuiswinkel.org will only amend these general terms and conditions after consultation with the Consumers’ Association.
    2. Amendments to these terms and conditions will only come into effect after they have been published in the appropriate way, on the understanding that where amendments apply during the validity of an offer, the stipulation that is most favorable to the consumer will prevail.

    Thuiswinkel.org
    P.O. Box 7001, 6710 CB EDE, the Netherlands.

    Rights can only be derived on the basis of the Dutch version of these general terms and conditions.

    Appendix I: Model form for right of withdrawal

    Model form for right of withdrawal

    (this form should only be completed and returned if you want to withdraw from the contract)

    - To: [trader’s name]
    [trader’s geographic address]
    [trader’s fax number, if available]
    [trader’s e-mail address or electronic address]

    - I/we* herewith inform you that, in respect of our contract regarding
    The sale of the following products: [description of the product}*
    The delivery of the following digital content: [description of the digital content]*
    The supply of the following service: [description of the service]*

    I/we* exercise our right of withdrawal.

    - Ordered on*/received on* [date of ordering services or receiving goods]
    - [Consumer(s)’ name]
    - [Consumer(s)’ address]
    - [Consumer(s)’ signature] (only if this form is submitted on paper)
    - [Date]

    *Delete or provide supplementary information, as applicable.