Terms & Conditions

ARTICLE 1 DEFINITIONS
  1. Holland Elite Sports Agency BV: the travel organizer and user of these General Terms and Conditions, having its legal seat of business in ‘s-Hertogenbosch, the Netherlands, registered at the Trade Register under Chamber of Commerce number 84248114.
  2. Traveller(s): the applicant, those for whose benefit the trip has been stipulated and who have accepted that stipulation, or those to whom the legal relation to Holland Elite Sports Agency BV has been assigned by Article 9 of these General Terms and Conditions.
  3. Applicant: the person who concludes the agreement on behalf or for the benefit of the (fellow) Travellers.
  4. Trip: all services for the benefit of the Travellers for which Holland Elite has committed itself to them.
  5. Agreement: the travel agreement concluded between Holland Elite Sports Agency BV and the Travellers as outlined in Article 7:500 Dutch Civil Code, as well as other agreements with which Holland Elite Sports Agency BV commits itself towards the Travellers for the supply of one or more services.
ARTICLE 2 GENERAL CLAUSES
  1. These General Terms and Conditions apply to each offer and each concluded agreement between the Travellers and Holland Elite Sports Agency BV.
  2. These General Terms and Conditions are also applicable to agreements for the execution of which third parties need to be involved by Holland Elite Sports Agency BV.
  3. From the stipulations in these General Terms and Conditions deviation can solely deviate in writing. If the stipulations in the agreement deviate from the stipulations in these General Terms and Conditions, the stipulations in the agreement shall apply.
  4. Being void or being declared void of one or more of the concerned stipulations leaves the validity of the other clauses unaffected. In such cases, parties are obliged to enter into mutual consultation to arrange for a replacement regulation regarding the affected clause. Thereby the tenor and purpose of the original clause are observed to the most possible extent.
ARTICLE 3 OFFERS AND CONCLUSION OF THE AGREEMENT
  1. Even if a term for acceptance has been set, each offer of Holland Elite Sports Agency BV is non-binding and under the precondition of sufficient availability of the trip offered.
  2. Holland Elite Sports Agency BV can always add special conditions to an offer.
  3. From an offer that is based on incorrect or incomplete data submitted by a Traveller, no rights can be derived by the Traveller(s).
  4. Obvious errors and mistakes in the offer or the agreement do not bind Holland Elite Sports Agency BV.
  5. An offer does not automatically apply to subsequent agreements.
  6. An offer composed of various elements does not oblige Holland Elite Sports Agency BV to the compliance with a part thereof by the commensurate part of the stated price.
  7. If the applicant concludes the agreement on behalf of or for the account of another natural person and/or legal person, he declares, upon agreeing, to be authorized thereto. The applicant is in addition to this (legal) person severally liable for all obligations deriving from that agreement.
  8. All exchanges, including payments, between the Travellers and Holland Elite Sports Agency BV, will solely take place via the applicant. The other Travellers are liable for their share in the agreement.
  9. Agreements are only deemed to be concluded after the signing by the applicant or an agreement drafted for that purpose, as of the moment of signing.
ARTICLE 4 OBLIGATIONS OF PARTIES
  1. In the offer Holland Elite Sports Agency BV will state the following data:
    • its name, address and telephone number;
    • the amounts or the percentages of the travel price that needs to be paid as an advance and the term within which the balance should be paid;
    • the relevant general information over the required travel documents and over the formalities in the area of health that are required for the trip and the stay;
    • information over the option of cancellation insurance;
    • the term within which the Traveller must notify the travel organization that the trip does not meet his expectations.
  2. To the extent applicable Holland Elite Sports Agency BV states in the offer also:
    • regarding the transport:
      • an indication of the means of transport to be used, the features and possibly the category thereof;
      • an indication of the places of departure and arrival and a time indication thereof as precise as possible;
    • regarding the stay:
      • an indication of the place or places of stay;
      • an indication of the accommodation, the features and possibly the category thereof as well as to the extent it concerns an accommodation in a member state of the European Union that has legal regulations regarding the touristic classification of accommodation, an indication of that classification;
      • the period of stay;
      • a statement of the number and the sort of the included meals;
      • the other touristic services that form a significant part of the trip;
      • that a minimal number of persons are required for the trip and that the number thereof shall be included in the agreement, as well as the ultimate date on which the applicant will be notified about the cancellation of the trip because that number has not been reached.
  3. Before the commencement of the trip Holland Elite Sports Agency BV provides the applicant with the following data:
    • the name, the address and the telephone number of the local representative of Holland Elite Sports Agency BV or, in the absence thereof, of the local entity or entities that can help the Travellers or, in the absence thereof as well, a telephone number for emergencies or other information through which they can contact Holland Elite Sports Agency BV;
    • information over the availability of travel insurance.
  4. To the extent applicable Holland Elite Sports Agency BV shall provide before the commencement of the trip also the following data:
    • information over the service schedules of the transport, the in-between. stops and the connecting transportations;
    • information about the place to be occupied by the Travellers in the means of transport;
    • a description of the route to the place or places of stay;
    • information about the option of direct contact with an underage Traveller abroad if this person is not accompanied by an adult Traveller, or with the person who is locally responsible for the stay of that underage person.
  5. The Travellers are responsible for the possession of the required documents such as a valid passport, identity card, visa and proof of inoculations and vaccinations.
  6. The applicant is obliged to provide Holland Elite Sports Agency BV before or no later than after the agreement with all data concerning himself and the Travellers who have been included by him, that may be of importance for the conclusion and the execution of the agreement, including his contact details.
  7. The Travellers are required to submit all relevant information about their physical and mental condition (including the use of alcohol, drugs or medication) if that physical and/or mental condition can result in discomfort, danger or risks for the Travellers, or third parties. If the aforementioned information has not been submitted or is incorrect or incomplete, then the Traveller can be denied the right to further transport.
  8. Also the applicant states special matters that may be of importance for the proper execution of the trip by Holland Elite Sports Agency BV regarding the identity or the composition of the Travellers included by him.
  9. The Travellers are obliged to comply with all directions by Holland Elite Sports Agency BV for the benefit of proper execution of the trip and are liable for damage(s) caused by their non-permitted behaviour, to be assessed based on the standard for the behaviour a correct Traveller.
  10. The Traveller who causes such hinder or bother or may cause so, that proper execution of a trip is strongly affected or may be affected, can be excluded by Holland Elite Sports Agency BV from (continuation of) the trip if it cannot be reasonably required from Holland Elite Sports Agency BV to comply with the agreement.
  11. All costs deriving from a situation as outlined in section 10 shall be for the account of the Traveller, if and to the extent that the consequences of hinder or bother can be attributed to him. The consequences can in any case be attributed to him if the Traveller has not complied with his applicable information obligations.
  12. The Traveller is obliged to avoid possible damage(s) or to limit them as much as possible, in particular by complying with his obligation to provide information as outlined in Article 10 section 1.
  13. Each Traveller is required to verify with the trip management no later than 24 hours before the stated time of departure of the return trip about the exact time of departure.
ARTICLE 5 CANCELLATION BY TRAVELLER
  1. The Applicant and the Travellers are not entitled to cancel the agreement for a tournament trip for the participating team (the travel party), due to already made tournament preparations (including but not limited to tournament schedules, communications, printed matters, websites, social media expressions), reputational damage (including but not limited to reputational damage towards other teams, towards sponsors) and necessary extra work (inter alia a new team must be arranged).
  2. The Applicant and the Travellers who cancel a tournament agreement for the participating team (the travel party) are liable to pay cancellation costs and the damage suffered by Holland Elite Sports Agency BV as a result of the cancellation, including reputational damage. The total of the cancellation costs and damage due are jointly fixed at 100% of the travel price.
  3. Save for the stipulations in section 5, the Applicant and the Travellers who cancel a non-tournament trip agreement (such as agreements for tours and training camps) are liable to pay the following cancellation costs. In case of cancellation:
  • till the 60th day (exclusive) before the day of departure: the down payment;
  • from the 60th day (inclusive) to the 42nd day (exclusive) before the day of departure: 50% of the travel price;
  • from the 42nd day (inclusive) to the 21st day (exclusive) before the day of departure: 75% of the travel price;
  • from the 21st day (inclusive) including the day of departure (exclusive): the full travel price
  1. Cancellation after office hours is deemed to be done on the first following working day.
  2. If a Traveller from the travel party cancels his share in a tournament or non-tournament agreement, he is liable to pay cancellation costs stipulated in Section 3 proportionally to his share in the agreement. If at the time of the conclusion of the agreement, based on the size of the remaining travel party, a different price would apply, then the travel price for the remaining Travellers will be changed accordingly. For the changed agreement the usual payment conditions of Article 8 shall apply.
  3. If a change of the agreement as outlined in the previous section is impossible or is not accepted, then the agreement for all Travellers shall be cancelled and all of them are liable to pay cancellation costs.
ARTICLE 6 CANCELLATION BY HOLLAND ELITE
  1. Notwithstanding Article 7.4 Holland Elite Sports Agency BV can cancel the agreement because of grave circumstances, of which the applicant shall be notified without delay.
  2. If Holland Elite Sports Agency BV cancels the agreement because of a circumstance not attributable to the applicant or Travellers, it will offer another trip of equal or better quality. Notwithstanding the third section the applicant who does not accept that offer is entitled to refunding or cancellation of the travel price or if the trip has already been enjoyed in part, a commensurate part thereof.
  3. In case of cancellation Holland Elite Sports Agency BV shall compensate the incurred financial damage and an amount for the missed travel pleasure, unless
    • it cancels the agreement because the number of applications is smaller than the required minimum number and the applicant has been notified within the term stated in the agreement in writing of the cancellation, or
    • it cancels the agreement that gave cause to the cancellation can be attributed to one or more Travellers. In that case, all damage(s) deriving here from are for the account of the Travellers or applicant.
    • the cancellation is a consequence of Force Majeure. Under Force Majeure is an understood abnormal and unforeseen circumstance that is independent of the will of Holland Elite Sports Agency BV and of which the consequences despite all precautions could not be avoided.
ARTICLE 7 CHANGE OF THE AGREEMENT
  1. Holland Elite Sports Agency BV is authorized to change the travel agreement on an essential point because of grave circumstances, of which the applicant has been notified without delay. The Traveller is authorized to reject the change.
  2. Holland Elite Sports Agency BV is authorized to change the travel agreement because of grave circumstances, of which the applicant has been notified without delay. The Traveller can only reject the change if it results in a disadvantage of more than minute importance.
  3. If the cause of the change van is attributed to the applicant or Travellers, the damage(s) deriving therefrom shall be for the account of the applicant and/ or Travellers.
  4. Holland Elite Sports Agency BV is authorized to increase the travel price up to twenty days before the commencement of the trip in connection with an increase in the costs of transport including fuel costs, the due duties and applicable currency exchange rates. In such cases Holland Elite Sports Agency BV will state in which manner the increase has been calculated. The Traveller may reject the increase.
  5. Upon a rejection as outlined in the previous sections, Holland Elite Sports Agency BV can cancel the travel agreement. The Travellers are entitled to a refund or cancellation of the travel price or if the trip has been enjoyed in part, a commensurate part thereof. If Holland Elite Sports Agency BV cancels after a rejection by the Traveller as outlined in sections 1 and 4; moreover, Article 6.3 shall equally apply.
  6. At the peril of losing this right of rejection as outlined in sections 1 and 4 needs to take place within three working days after the receipt of the notification from Holland Elite Sports Agency BV that gave cause to the rejection.
ARTICLE 8 TRAVEL PRICE AND PAYMENT CONDITIONS
  1. The published travel price is based on the prices, duties and taxes that were known to Holland Elite Sports Agency BV at the time of the publication thereof.
  2. The agreed travel price is immediately due and payable in full upon booking unless Holland Elite Sports Agency agrees that the agreed travel price could be paid in instalments.
  3. Unless agreed otherwise, the Traveller or the applicant is obliged to pay 100% of the travel price immediately, but ultimately within eight days after the conclusion of the agreement.
  4. Payment needs to take place in the manner prescribed by Holland Elite Sports Agency BV.
  5. If timely payment does not take place, there is a default by law. From the day that the default emerges, the Traveller is liable to pay the interest by law. The interest by law is calculated up to and including the day that the full due payment has been made. All reasonable costs for the payment of due amounts are for the account of the Traveller. The out-of-court costs are calculated according to what is customary in the Dutch collection practice, at present the “Wet incassokosten 2012.”
  6. If despite summation payment of the due travel price has not taken place, then Holland Elite Sports Agency BV is authorized to dissolve the agreement and to charge the applicable cancellation costs as outlined in Article 5.
ARTICLE 9 ASSIGNMENT
  1. No later than seven days before the commencement of the trip the Traveller can his legal relation to Holland Elite Sports Agency BV to a third party that shall comply with all conditions of the travel agreement.
  2. The assignment takes place by a designated agreement with the third party and notification in writing thereof by the assigning Traveller to Holland Elite Sports Agency BV. The assigning Traveller, the applicant and the third party are jointly and severally liable for payment of the travel price and the costs of the assignment.
ARTICLE 10 CONFORMITY, COMPLAINTS AND ASSISTANCE
  1. If the trip does not go by the expectations that the Traveller may have reasonably had based on the agreement, then the Traveller is obliged to notify Holland Elite Sports Agency BV or its personnel thereof as soon as possible.
  2. If the trip does not go by the expectations that the Traveller nay have reasonably had based on the agreement, then Holland Elite Sports Agency BV notwithstanding the other stipulations in these General Terms and Conditions is obliged to compensate the possible damage(s) of the Traveller unless the shortcoming in the compliance cannot be attributed to it nor to the person of whose help use has been made for the execution of the agreement because:
    • the shortcoming in the execution of the travel agreement can be attributed to the Traveller;
    • the shortcoming in the execution of the travel agreement that could not be foreseen or relieved is attributable to a third party that was not included in the provision of the services included in the trip; or
    • the shortcoming in the execution of the agreement is due to Force Majeure as outlined in Article 6.3 or an event that Holland Elite Sports Agency BV or the person of whose help is made use for the execution of the travel agreement use, while observing all possible cared could not be foreseen or relieved.
  3. Depending on the circumstances Holland Elite Sports Agency BV is obliged to provide the Travellers with aid and assistance if the trip does not go by the expectations that the Travellers may have reasonably had based on the agreement. If the cause thereof can be attributed to the Travellers, then Holland Elite Sports Agency BV is only obliged to the provision of aid and assistance to the extent that such may reasonably be expected of it. The costs for the provided aid and assistance will in that case be for the account of the Travellers. The costs for the provided aid and assistance will be for the account of Holland Elite Sports Agency BV, if the shortcoming in the compliance can be attributed to it or to the person whose help is made use for the execution of the agreement, by the previous section.
  4. If a complaint as outlined in section 1 has not been satisfactorily resolved, then this should be brought to the attention of Holland Elite Sports Agency BV in writing and motivated no later than within one month after the end of the trip, or if the trip did not take place, after the original date of departure.
  5. If the Traveller does not submit the complaint timely, then Holland Elite Sports Agency BV is authorized not to process the complaint.
ARTICLE 11 LIABILITY
  1. If a treaty applies to a service included in the agreements, Holland Elite Sports Agency BV may claim an exclusion or limitation of liability that that treaty grants to or permits a service provider as such.
  2. Save for intent, deliberate negligence and damage(s) caused by death or injury of the Traveller for which Holland Elite Sports Agency BV is liable, the liability of Holland Elite Sports Agency BV, notwithstanding the stipulations in the other parts of this Article, is limited to three times the travel price.
  3. Holland Elite Sports Agency BV bears no liability for damage(s) that the Travellers may have been refunded for based on insurance such as travel and/ or cancellation costs insurance.
  4. If Holland Elite Sports Agency BV is liable is for missing travel pleasure, at the most one time the travel price is eligible for compensation.
  5. The stipulations in this Article apply also for the benefit of employees of Holland Elite Sports Agency BV, involved service providers, as well as their personnel, unless the law, a treaty or regulations excludes so.
ARTICLE 12 FINAL CLAUSES
  1. On each agreement is solely the laws of The Netherlands shall apply.
  2. Unless a mandatory clause of law deviates hereof, solely the competent court for the city of ‘s-Hertogenbosch, The Netherlands is competent to deal with disputes.
  3. The Dutch language version of the present General Terms and Conditions is always decisive for the interpretation thereof.