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 of the General Conditions
Article 2. Offer and acceptance
Article 3. Evident errors
Article 4. Withdrawal of offer
Article 5. Traveler 's duty of disclosure
Article 6. The booking party
Article 7. Information third parties
Article 8. Payment
Article 9. Information
Article 10. Travel documents
Article 11. Changes instigated by the traveler
Article 12. Cancellation by the traveler
Article 13. Changes instigated by Bungalow.Net
Article 14. Exclusion and limitation of Bungalow.Net 's liability
Article 15. The traveler 's obligations
Article 16. Interest and collection costs
Article 17. Complaints
Article 18. Terms and conditions for the Cancellation Fund
Article 19. Conditions Damage Fund

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.

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.
  • For credit card payments an additional fee may be charged


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 42 nd day(exclusive) prior to the day of departure: 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 28 th 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 thereof) 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 insofar 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 insofar 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. Complaints
  • An identified shortcoming in the fulfillment of the contract must be reported in situ as soon as possible, but at least within 24 hours of arrival, so as to provide the opportunity for an effort to be made to resolve the problem. To this end, the traveler should report the deficiency to the relevant service provider and then to Bungalow.Net, in that order. If the shortcoming is not resolved within a reasonable term and the quality of the trip suffers as a consequence, this must in any event be reported without delay to Bungalow.Net.
  • If a shortcoming cannot be satisfactory resolved in situ, the travel organizer will provide adequate facilities for this to be recorded as a written complaint in the manner prescribed (complaint report).
  • The travel organizer will provide information in the travel documents concerning the procedure to be followed in situ, the contact details, and the availability of those involved in the resolution process.
  • If the traveler fails to meet the reporting obligations and to produce a complaint report and thus the service provider or the travel organizer were, as a result, not given an opportunity to rectify the shortcoming(s), his/her right to compensation may be denied or limited.
  • A complaint made after (early) departure without consulting Bungalow.Net in advance, exempts both landlord and Bungalow.Net from accepting the complaint and/or any form of restitution, unless Bungalow.Net decides otherwise.
  • If a complaint is not satisfactorily resolved, it must be submitted in writing, with reasons, to Bungalow.Net within 1 month after the termination of the travel package or received service(s) or after the original date of departure. The traveler should append a copy of the complaint report to this written complaint.
  • lf the complaint concerns the actual contracting procedure, it must be submitted to Bungalow.Net within one month of the traveler ascertaining the facts relating to the complaint.
  • If the traveler fails to submit the complaint in time, the travel organizer will not take it into consideration unless the late submission cannot be reasonably attributed to negligence on the part of the traveler. The travel organizer will inform the traveler of this in writing or by electronic means.
  • Upon receiving the complaint, the travel organizer provides the traveler with a written response stating that the complaint is received. A substantial response will be given within 2 weeks, including the expected handling period. If expected that it will take a foreseeable longer time to conclude the complaint, Bungalow.Net will notify the traveler in writing within 14 days with an indication of when the traveler can expect a detailed response.
  • Within the complaint procedure, Bungalow.Net acts as a mediator. If a complaint has not been resolved in a timely and satisfactory manner, or if no satisfaction has been given in this respect, the traveler has the option of submitting the dispute, in writing, to the Disputes Committee for the Travel Industry or to a qualified judge of the Court of Justice in Zwolle. Dutch law applies to all disputes.

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

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


Article 1 – Definitions

The following definitions apply to these terms and conditions:
1. Trader the natural or legal person who is a member of the Dutch Thuiswinkel Organization and who offers products and/or services to consumers from a distance;
2. Consumer: the natural person whose action is not within the course of a profession or business and who enters into a distance contract with the trader;
3. Distance contract: a contract whereby sole use is made of one or more techniques for distance communication within the framework of a system organized by the trader for the distance sale of products and/or services, up to and including the moment that the contract is concluded;
4. Technique for distance communication: means that can be used for concluding a contract, without the consumer and trader being in the same place at the same time;
5. Withdrawal period: the period within which the consumer can make use of his right of withdrawal;
6. Right of withdrawal: the possibility for the consumer to waive the distance contract within the withdrawal period;
7. Day: calendar day;
8. Extended duration transaction: a distance contract that relates to a series of products and/or services, whereby the obligation to supply and/or purchase is spread over a period of time;
9. Durable medium: every means that enables the consumer or trader to store information that is addressed to him in person in a way that facilitates future consultation and unaltered reproduction of the stored information.


Article 2 – Identity of the trader

Bungalow.Net Trading SA;
Scharlooweg 25, unit 400, Willemstad, Curacao;
Telephone number: +31 (0)38 333 01 01;
Monday till Friday: 8:30AM until 6PM;
Email: info@bungalow.eu;
KvK: 102534;
BTW-number: 102181421;


Article 3 – Applicability

1. These general terms and conditions apply to every offer made by a trader and to every distance contract that is realised between a 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, that 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 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 will contain such information that makes it clear to the consumer what rights and obligations are involved in accepting the offer. This includes, in particular:
- the price, including taxes;
- any costs of delivery;
- the way in which the contract shall be concluded and which actions this will require;
- whether or not the right of withdrawal applies;
- the method of payment, delivery or implementation of the contract;
- the period for accepting the offer, or the period for adhering to the price;
- the size of the tariff for distance communication, if the costs of using the technique for distance communication are calculated on some other basis than the basic tariff;
- if a contract is filed subsequent to its conclusion, the way in which this can be accessed by the consumer;
- the way in which the consumer can obtain information about actions he does not wish to undertake before concluding a contract, as well as the way he can rectify these before the contract is concluded;
- the languages in which, in addition to Dutch, the contract can be concluded;
- the behavioral codes to which the trader is subject and the way in which the consumer can consult these behavioral codes electronically; and
- the minimum duration of the distance contract, in the event of a contract that involves the continual or periodical supply of products or services.


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.
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. Together with the product or service, the trader will send to the consumer 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 so doing, or a clear statement relating to the exclusion of the right of withdrawal;
c. information on existing after-sales service and guarantees;
d. the data included in article 4, paragraph 3 of these conditions, unless the trader has already provided the consumer with these prior to concluding the contract;
e. the requirements for terminating the contract, if the duration of the contract exceeds one year or is indefinite.
6. Where the trader has taken on the obligation to supply a series of products or services, the stipulation in the previous paragraph applies only to the first delivery.


Article 6 – Costs in the case of withdrawal

1. If a consumer makes use of his right of withdrawal, he shall be responsible for, at most, the costs of returning the goods.
2. If the consumer has paid a sum, the trader will refund this sum as quickly as possible, though at the latest within 30 days after the goods were returned or after the withdrawal.


Article 7 – Preclusion from right of withdrawal

1. The trader can only preclude the consumer from having a right of withdrawal if he clearly stated this fact when making the offer, or at least in good time prior to conclusion of the contract.
2. Preclusion from the right of withdrawal is only possible for products:
a) that have been created by the trader in accordance with the consumer’s specifications;
b) that are clearly of a personal nature;
c) that cannot be returned due to their nature;
d) that rapidly decay or become obsolete;
e) the price of which is subject to fluctuations on the financial market over which the trader has no influence;
f) for individual newspapers and magazines;
g) for audio- and video-recordings and computer software, whereby the consumer has broken the seal.
3. Preclusion from the right of withdrawal is only possible for services:
a) relating to accommodation, transport, restaurant business or leisure activities to be carried out on a given date or during a given period;
b) the supply of which commenced, with the explicit consent of the consumer, before the withdrawal period had lapsed;
c) relating to bets and lotteries.


Article 8 – 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 9 – Conformity and 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.
2. A guarantee arrangement offered by the trader, manufacturer or importer does not affect the rights and claims that a consumer can enforce on the grounds of the law and/or the distance contract in relation to a failure on the part of the trader to keep to his obligations vis-à-vis the consumer.


Article 10 – 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 longer 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 one month 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. In the case of dissolution in accordance with the previous paragraph, the trader will refund the consumer with the sum paid as quickly as possible, though at the latest within 30 days after that dissolution.
5. Should delivery of a product that has been ordered prove impossible, the trader will attempt to provide a replacement article. The fact that a replacement article is being supplied will be stated clearly and intelligibly, at the latest upon delivery. The right of withdrawal cannot be precluded in the case of replacement articles. The costs of return shipments will be charged to the trader.
6. The risk of damage and/or loss of products rests upon the trader up to the moment of delivery to the consumer, unless this has explicitly been agreed otherwise.


Article 11 – Extended duration transactions

1. A consumer has the right at all times to terminate a contract that has been concluded for an indefinite period of time, taking into consideration the applicable termination rules and a termination period of at the most one month.
2. The maximum validity of a contract concluded for an indefinite period of time is two years. In the event that the contract has been made that the distance contract will be automatically extended, then the contract will be continued as a contract for an indefinite period of time and the maximum period of notice after continuation of the contract will be one month.


Article 12 – Payment

1. As far as no later date has been agreed, sums payable by the consumer should be paid within fourteen days after the goods have been delivered, or – in the case of a contract to provide a service – within 14 days after the documents relating to this contract were issued.
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. In the event of non-payment on the part of the consumer, the trader has the right, subject to statutory limitations, to charge the consumer reasonable costs about which the consumer was informed in advance.


Article 13 – 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. Complaints about exercising the contract must be submitted to the trader without delay, in their entirety and clearly defined, after the consumer has discovered the defects.
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 the Dutch Thuiswinkel Organization, www.thuiswinkel.org. The complaint is then sent both to the trader concerned and the Dutch Thuiswinkel Organization.
5. If the complaint cannot be resolved in joint consultation, then it becomes a dispute that is subject to the disputes settlement scheme.


Article 14 – 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. The dispute should be submitted to the Disputes Committee, in writing, at the latest by three months after the dispute arose.
5. If a consumer wants to put a dispute before the Disputes Committee, the trader is bound by that choice. If it is at the wishes of the trader, 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.
6. 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.
7. 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.
8. If another disputes committee that is recognized or affiliated with the Disputes Committee Foundation for Consumer Affairs (SGC) or the Complaints Institute Financial Services (Kifid) is competent, in addition to the Thuiswinkel Disputes Committee, the latter will have exclusive jurisdiction for disputes relating mainly to the method of distance sales or services. For all other disputes, this applies to the other disputes committees recognized by the SGC or affiliated with the Kifid.


Article 15 – Branch guarantee

1. The Dutch Thuiswinkel Organization will, without delay, assume the obligations of a trader vis-à-vis a consumer, in relation to binding advice imposed upon him by the Thuiswinkel Disputes Committee, if this trader is negligent in fulfilling his obligations within the period stipulated in the binding advice. Assumption of the trader’s obligations by the Dutch Thuiswinkel Organization will be suspended if, and in as far as, that binding advice is put before a law-court for verification within two months after the date of that advice, in accordance with the regulations of the Disputes Committee, and will lapse upon the court ruling becoming final and conclusive, whereby the court has declared that the binding advice has no binding effect.
2. Application of this guarantee requires the consumer to submit a written appeal to the Dutch Thuiswinkel Organization and to transfer his claim on the trader to the Dutch Thuiswinkel Organization.


Article 16 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 17 – Amendment to the general terms and conditions of Thuiswinkel

1. The Dutch Thuiswinkel Organization 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.


Address of the Dutch Thuiswinkel Organization: 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