Article 1 Definitions and Applicability
1. In these General Terms and Conditions, the following definitions shall apply:
- Tulpenvliegroute
- Client: any client of Tulpenvliegroute, being either client or tenant.
2. These Terms and Conditions form part of all offers and agreements between Tulpenvliegroute and the client regarding the provision of services and/or work.
3. Additional and/or deviating terms and conditions of the Client or third parties do not bind Tulpenvliegroute unless they have been expressly accepted by Tulpenvliegroute in writing.
Article 2 Offers
1. All offers made by Tulpenvliegroute are without obligation unless the offer contains a deadline for acceptance.
2. If an offer by Tulpenvliegroute contains a non-binding offer and this offer is accepted by the Client, Tulpenvliegroute has the right to revoke this offer within 10 working days of becoming aware of the acceptance by the Client.
Article 3 Prizes
1. Unless expressly stated otherwise, the prices stated in the offers are exclusive of VAT. These prices shall apply to the service mentioned in the order confirmation. Additional or special services shall be charged separately.
2. Tulpenvliegroute has the right to charge the Client for price-increasing factors, including increases in cost prices for helicopter flights, permits, materials, labour costs, social charges and transport costs.
3. Without permission from Tulpenvliegroute, the Client is not permitted to increase prices/rates for its own profit.
Article 4 Execution of agreement
1. The agreed dates and times of performance are target times, which are not binding for Tulpenvliegroute.
2. Tulpenvliegroute will inform the Client of the expected date of execution of the agreement as soon as possible, but no later than within two weeks of receiving the assignment from the Client. If Tulpenvliegroute becomes aware that the execution of the agreement will not be able to take place on the agreed date and time Tulpenvliegroute will inform the Client of the expected date of the execution of the agreement as soon as possible, but no later than within two weeks after receipt of the assignment from the Client.
3. Client has the right, during three working days after receipt of the notification referred to in 4.2 concerning the time of execution of the agreement, to dissolve the agreement by means of a written statement sent by registered mail. In the absence of such a statement, the Customer shall be deemed to have agreed to the delayed delivery and the Customer cannot claim any compensation or dissolution of the agreement in this respect.
4. Tulpenvliegroute is entitled to suspend the execution of the agreement as long as the Client has not fulfilled its obligations towards Tulpenvliegroute. This suspension applies until the Client has fulfilled its obligations in full.
Article 5 Force majeure
1. Force majeure is understood to mean circumstances which prevent performance of the commitment and cannot be attributed to Tulpenvliegroute. These will include (if and to the extent these circumstances make performance impossible or unreasonably difficult): fly technical reasons including certain weather conditions, government opposition, business failure, disruption in energy or material supply, telephone failure, transport delay, strike and failure of suppliers to deliver on time and illness or death of a person important to the project. In case of force majeure, Tulpenvliegroute is at all times entitled to dissolve the contract by means of a verbal notice followed by a written (sent by registered mail) statement, in which case the client is not entitled to any form of compensation.
2. In case of temporary force majeure, Tulpenvliegroute is entitled to extend the period within which work must be performed by the period during the temporary impediment to performance. The client may request dissolution of the contract in case of temporary force majeure if he cannot reasonably be required to accept the performance as a result of the delay, without being entitled to any form of compensation.
3. Client can only claim dissolution of the contract within three working days after Tulpenvliegroute has informed Client of the delay in performance.
Article 6 Payment
1. Unless otherwise agreed in writing, payment of the total amount invoiced must be made no later than 3 working days before the execution date, without the client being entitled to compensation. If client does not pay by the due date, he shall be deemed to be in default by operation of law. The Client shall owe interest of 1% per month from the time of default on the amount due, whereby a part of a month shall be regarded as a whole month. The Client will then also owe Tulpenvliegroute compensation in respect of extrajudicial collection costs.
2. Extrajudicial collection costs shall be set at 15% of the amount due.
3. If a payment term is exceeded, Tulpenvliegroute is entitled to suspend compliance with all its obligations under the agreement as well as to declare the agreement dissolved after notice of default but without judicial intervention, by means of a written statement sent by registered mail. Tulpenvliegroute also applies these rights if the Client is declared bankrupt, if the Client is granted suspension of payment or if the company of the Client is discontinued or liquidated.
Article 7 Cancellation by Client
1. If the Client wishes to cancel a contract entered into with Tulpenvliegroute for any reason, the Client is obliged to pay compensation to Tulpenvliegroute, to be calculated on the price stated in the order confirmation according to the schedule below:
o 25% for cancellation in the period up to 6 weeks before the date of execution of the agreement;
o 35% for cancellation in the period from 6 to 4 weeks before the date of execution of the contract;
o 45% for cancellation in the period from 4 to 2 weeks before the date of execution of the contract;
o 55% for cancellation in the period from 2 to 1 week before the date of execution of the contract;
o 75% for cancellation in the period from 5 to 3 days before the date of execution of the contract;
o 85% for cancellation in the period from 3 days to 1 day before the date of execution of the contract;
o 95% in case of cancellation in the period of 1 day before date of execution of contract;
o 100% in case of cancellation on the day of performance of the contract.
2. The day on which a written communication from the Client has reached Tulpenvliegroute, in which the Client informs Tulpenvliegroute of its intention to cancel the agreement, is taken as the basis for the calculation of compensation.
3. If the damages suffered by Tulpenvliegroute as a result of cancellation of the contract exceed the damages calculated in paragraph 1, the Client is obliged to pay Tulpenvliegroute the actual damages suffered. Actual damages suffered are to be understood as the cancellation costs Tulpenvliegroute owes to third parties called in by Tulpenvliegroute.
Article 8 Liability
1. Tulpenvliegroute is not liable for damages caused to persons or property by or during the execution of services and/or works, except in the event that such damages are due to intent or gross negligence on the part of Tulpenvliegroute. If third parties hold Tulpenvliegroute liable for damages incurred before, during and after the execution of services and/or works, the Client will indemnify Tulpenvliegroute.
2. Tulpenvliegroute is not liable for damage caused by or during the performance of services and/or work as a result of non-compliance by the Client or third parties with measures to ensure public order and safety.
3. Should Tulpenvliegroute be liable, Tulpenvliegroute's liability will be limited to the limit of the liability insurance taken out by Tulpenvliegroute in this regard.
4. Tulpenvliegroute's liability is limited to the extent regulated in this article. The client indemnifies Tulpenvliegroute against any claims by third parties.
Article 9 Dispute resolution
1. Any dispute between Tulpenvliegroute and Client, in case the District Court is competent, will be settled by the District Court in The Hague. However, Tulpenvliegroute remains entitled to summon the Client, before the competent Court according to law or applicable international treaty.
2. The Client has the right, during one month after Tulpenvliegroute has invoked this provision in writing, to opt for settlement of the dispute by the Civil Court competent according to law or applicable international treaty.
Article 10 Applicable law
Any agreement between Tulpenvliegroute and the Client as well as any disputes between Tulpenvliegroute and the Client arising from or related to the execution thereof shall be governed by Dutch law.
All rights reserved by:
Tulip flyway is part of VeFo
Doctor W. Nijestraat 50
2064XD Spaarndam
info@tulpenvliegroute.nl
+31(0)630870613
Chamber of Commerce number 63394596
VAT number NL161234203B01