Terms and Conditions
Artikel 1. Definities
In these Terms and Conditions, the following terms are used with the following meanings, unless expressly stated otherwise.
Terms and Conditions: The Terms and Conditions as set out below.
Good Day Travels: Good Day Travels is a business focused on providing Services (all activities, in whatever form, that Good Day Travels has carried out for or on behalf of the Client).
Agreement: Any Agreement entered into between Good Day Travels and the Client, aimed at providing the Services.
Client: The party who has accepted these General Terms and Conditions and has instructed Good Day Travels to perform the Service. Clients are understood to be Consumers: the Client, a natural person, not acting in the exercise of a business or profession (private customer).
Party: Good Day Travels or the Client, together referred to as the “Parties”.
Rate: The financial remuneration that the Client must pay to Good Day Travels for the execution of the Services.
Article 2. Applicability of General Terms and Conditions
These General Terms and Conditions apply to every offer and Agreement concluded between Good Day Travels and the Client, unless Parties have expressly and in writing deviated from these General Terms and Conditions.
These General Terms and Conditions also apply to Agreements with Good Day Travels, whereby third parties are engaged for the execution of the Agreement.
The applicability of any purchasing or other general terms and conditions of the Client is expressly rejected.
If it appears that one or more provisions of these General Terms and Conditions are void or voidable, the General Terms and Conditions shall remain in force in all other respects. Good Day Travels and the Client shall agree in consultation on new provisions to replace the void or voided provisions.
Deviations from the Agreement and from these General Terms and Conditions are only valid if they have been agreed in writing and explicitly with Good Day Travels.
In all cases not provided for in these General Terms and Conditions, the Agreement shall be interpreted in the light of these General Terms and Conditions and in accordance with reasonableness and fairness.
Article 3. Offers
All offers from Good Day Travels are non-binding, unless a deadline for acceptance is stated in the offer. If a deadline for acceptance is stated in the offer, the offer lapses when this deadline has expired. The offer lapses at the moment Good Day Travels withdraws the offer.
Good Day Travels charges fixed package prices per type of advice for travel consultancy. These prices are standard rates and are not negotiable, unless agreed otherwise in writing.
For Campervan trips, the final price is always determined individually and communicated to the customer in advance before proceeding to payment.
The price for Campervan trips can vary case by case and depends on factors including, but not limited to, the booking period, the duration of travel, the type of Campervan, the Campervan supplier, the chosen route and other relevant circumstances.
Good Day Travels cannot be held to its offers if the Client, according to terms of reasonableness and fairness and prevailing views in society, ought to have understood that the offer, or a part thereof, contains an obvious mistake or clerical error. In this case, no Agreement has been concluded.
If the acceptance by the Client deviates from the offer included in the quotation, whether or not on minor points, Good Day Travels is not bound by it. In this case, no Agreement has been concluded.
In the event Good Day Travels provides the Client with a composite quotation, Good Day Travels is not obliged to perform part of the Services in accordance with part of the stated Fee.
All offers do not automatically apply to future Agreements.
Article 4. Formation, duration and termination of Agreement
The Agreement is formed when the Client has accepted the offer in time, before it has expired.
The Agreement may be entered into for both a fixed term and an indefinite period, unless the nature of the Agreement dictates otherwise or unless the parties have expressly agreed otherwise in writing.
The Client may cancel a travel consultation free of charge up to 48 hours before the scheduled start. In that case, the amount already paid will be fully refunded. If cancelled within 48 hours before the start, no refund is possible.
For Campervan hire, the cancellation terms of the relevant Campervan hire companies and of Ratpack Travel apply, which will be provided upon request. Deposits are not refunded in case of cancellation, but may, unless otherwise specified in the terms of the relevant hire company, be used as credit for a future booking within a period of 24 months from the original booking date. If the Client does not make a new reservation within this period, the credit expires without right to refund.
Article 5. Amendment of Agreement
If during the execution of the Agreement it becomes apparent that it is necessary to amend or supplement the Agreement for proper performance, Good Day Travels will inform the Client of this as soon as possible, as well as of any financial consequences. The parties will proceed to amend the Agreement in mutual consultation.
Good Day Travels shall not be able to charge additional costs if the amendment or supplement to the Agreement is the result of circumstances attributable to Good Day Travels.
Amendments to or additions of the original Agreement shall only be valid from the moment such amendments or additions have been accepted in writing by the Parties.
Article 6. Rates
All quoted Fees for travel advisory services from Good Day Travels are inclusive of GST and other government charges, unless otherwise stated.
For Campervan hire, the Rates of the relevant foreign Campervan hire companies apply. These rates are not subject to Dutch VAT and other government levies, as the services are provided outside the Netherlands and/or through foreign partners.
Rates that are based on foreign currencies (such as AUD or USD) are converted to euros based on the applicable exchange rate at the time of invoicing, unless otherwise agreed. Any exchange rate fluctuations between the time of booking and the time of payment may affect the final amount payable.
The Rates are inclusive of additional costs, such as travel, parking and delivery fees, unless otherwise stated.
If a Rate has not been expressly agreed, the Rate will be determined based on the hours actually spent and the usual hourly rates of Good Day Travels.
Of all additional costs, Good Day Travels will provide the Client with details in good time before the conclusion of the Agreement, or will provide information on the basis of which these costs can be calculated by the Client.
Article 7. Changes to Rates
If Good Day Travels agrees a fixed Rate when concluding the Agreement, Good Day Travels is entitled to increase this, even when the Rate was originally (when concluding the Agreement) not given subject to reservation.
If Good Day Travels intends to change the Rate, it shall inform the Client of this as soon as possible, as well as the extent of the increase and the date on which the increase will take effect.
The Client is entitled to terminate the Agreement if the increase of the Rate takes place within three months after concluding the Agreement, unless:
• The increase in the Fee arises from a power or an obligation resting on Good Day Travels pursuant to the law;
• The increase in the Fee is caused by a rise in the price of materials, parts, raw materials, wages, shipping costs et cetera or on other grounds that were not reasonably foreseeable at the time of entering into the Agreement;
• Good Day Travels is still prepared to perform the Agreement on the basis of the originally agreed Fee;
• Parties have agreed that the performance of the Agreement will commence on a date longer than three months after the conclusion of the Agreement.
Article 8. Distance Selling: Right of Withdrawal
In the case of Distance Services, the Client has a number of rights, including the right to cancel the Agreement within fourteen days of concluding the Agreement, without giving reasons. Cancellation of the Agreement means that the Agreement is terminated, the Client must return what has already been received (within fourteen days of notification of the cancellation) and Good Day Travels must refund the Fee already paid (within fourteen days of receiving notification of the cancellation).
Good Day Travels makes every effort to inform the Client as completely and clearly as possible via the website and in the quotation about the services offered. The right of withdrawal does not apply to:
• Campervan hire and related travel services, as these relate to leisure activities for which a specific date or period of performance is provided in the Agreement;
• Travel advice services right of withdrawal if Good Day Travels has begun performance of the Service with the express and prior consent of the Client and if the Client has acknowledged that he/she forfeits his/her right of withdrawal once Good Day Travels has fully performed the Service.
If the Client does not give permission for the travel advice to commence within the cooling-off period, they retain the statutory right of withdrawal of 14 days after concluding the Agreement.
By accepting the offer and Agreement, the Client declares to have taken note of and to agree with the waiver of the right of withdrawal for the Services mentioned in paragraph 2.
Additionally, the right of withdrawal lapses once the Service has been fully performed.
Article 9. Performance of Services
Good Day Travels shall perform the Services to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
Good Day Travels has the right to have certain work carried out by third parties. The application of articles 7:404, 7:407 paragraph 2 and 7:409 of the Dutch Civil Code (BW) is therefore expressly excluded.
The Services will be performed at a location designated by Good Day Travels.
If the Agreement is carried out in phases, Good Day Travels has the right to invoice each completed part separately and to demand payment for it. If and as long as this invoice is not paid by the Client, Good Day Travels is not obliged to carry out the next phase and has the right to suspend the Agreement.
The Client shall provide Good Day Travels in a timely manner with all information, data, instructions and documents necessary for the performance of the Agreement or which the Client should reasonably understand to be necessary for the performance of the Agreement.
If the aforementioned information, data, instructions and documents are not provided or not provided in a timely manner, Good Day Travels has the right to suspend the execution of the Agreement. The additional costs incurred due to the delay shall be borne by the Client.
Article 10. Execution Periods
The performance of the Services will take place within a period specified by Good Day Travels. This period is merely indicative and never to be considered a strict deadline.
If Good Day Travels requires information, data, instructions or documents from the Client that are necessary for the performance of the Services, the performance period shall commence after the Client has provided these to Good Day Travels.
In the event of exceeding the execution period, the Client must give Good Day Travels written notice of default, whereby Good Day Travels is still granted a reasonable period to perform the Services.
A notice of default is not required when performance has become permanently impossible or it has otherwise become apparent that Good Day Travels will not fulfil its obligations under the Agreement. In the event that Good Day Travels does not proceed with performance within this period, the Client has the right to terminate the Agreement without judicial intervention and/or to claim damages.
Article 11. Payment
Payment of the Fee shall be made by transfer to a bank account designated by Good Day Travels, in a manner specified by Good Day Travels and in the currency in which the invoice was issued, unless otherwise agreed. Transfer shall be made via iDEAL or Credit Card.
Payment can be made either in advance or afterwards.
In Campervan hire, the deposit must be paid in advance, unless otherwise agreed.
Payment for services other than travel advice and Campervan hire must be made within 14 days of the invoice date.
Good Day Travels is entitled to invoice the Client for work carried out in the preceding period.
The Client is not authorised to deduct any amount due on account of a counterclaim asserted by him/her.
Objections to the amount of the invoice do not suspend the payment obligation.
After 14 days from the invoice date have elapsed, the Client is, without notice of default, in default by operation of law. From the moment of entering into default, the Client owes interest on the amount due at a rate of 2% per month, unless the statutory interest rate is higher.
In the event of bankruptcy, suspension of payments or guardianship of the Client, the claims of Good Day Travels and the obligations of the Client towards Good Day Travels shall become immediately due and payable.
Article 12. Collection Costs
If the Client is in default or delay in the (timely) fulfilment of his/her obligations, all reasonable costs for obtaining satisfaction out of court shall be borne by the Client.
Insofar as the Client acts in the capacity of Consumer, Good Day Travels is only entitled to compensation for extrajudicial (collection) costs after Good Day Travels has sent the Client a reminder, following the occurrence of default, to settle the outstanding invoice or invoices within fourteen days.
Any reasonable legal and enforcement costs incurred shall also be borne by the Client.
Article 13. Suspension
If the Client fails to fulfil an obligation under the Agreement, or fails to do so fully or on time, Good Day Travels has the right to suspend performance of its corresponding obligation. In the case of partial or improper performance, suspension is only permitted to the extent justified by the shortcoming.
Additionally, Good Day Travels is entitled to suspend the fulfilment of its obligations if:
• After the conclusion of the Agreement, circumstances have come to Good Day Travels' attention which give good grounds to fear that the Client will not fulfil the obligations;
• The Client was requested at the conclusion of the Agreement to provide security for the fulfilment of his obligations under the Agreement and this security is not forthcoming or is insufficient;
• Circumstances arise which are of such a nature that fulfilment of the Agreement is impossible or that unchanged continuation of the Agreement cannot reasonably be required of Good Day Travels.
In case of suspension, Good Day Travels retains the right to claim compensation for damages.
Article 14. Termination
If the Client fails to fulfil an obligation under the Agreement, or fails to do so fully, on time or properly, Good Day Travels is entitled to terminate the Agreement with immediate effect, unless the shortcoming does not justify termination in view of its minor significance.
In addition, Good Day Travels is authorised to terminate the Agreement with immediate effect if:
• After the conclusion of the Agreement, circumstances have come to the attention of Good Day Travels which give good grounds to fear that the Client will not fulfil the obligations;
• The Client was requested at the conclusion of the Agreement to provide security for the fulfilment of his obligations under the Agreement and this security is not forthcoming or is insufficient;
• Due to delay on the part of the Client, it can no longer be required of Good Day Travels that he will fulfil the Agreement under the originally agreed conditions;
• Circumstances arise which are of such a nature that fulfilment of the Agreement is impossible or that unchanged continuation of the Agreement cannot reasonably be required of Good Day Travels;
• The Client is declared bankrupt, submits a request for suspension of payment, requests application of the debt restructuring scheme for natural persons, is confronted with an attachment on all or part of his/her property;
• The Client is placed under guardianship;
• The Client has passed away.
Termination of the Agreement shall be effected by means of written notice to the Client, without judicial intervention.
If the Agreement is terminated, Good Day Travels' claims against the Client become immediately payable.
If Good Day Travels terminates the Agreement on the grounds mentioned above, Good Day Travels is not liable for any costs or compensation. If the termination is attributable to the Client, the Client is liable for the damage suffered by Good Day Travels.
Article 15. Force Majeure
In the event Good Day Travels fails to fulfil an obligation under the Agreement, or fails to fulfil it fully, on time or properly, there is a shortcoming on its part. A shortcoming cannot be attributed to Good Day Travels if the shortcoming is not due to its fault, nor pursuant to law, a legal act or the views prevailing in society for its account. In this case, there is force majeure. In the event of force majeure, the Parties are also not obliged to fulfil the obligations arising from the Agreement.
Force majeure in these Terms and Conditions means, in addition to what is understood in that regard in law and case law, all external causes, foreseen or unforeseen, over which Good Day Travels has no control and as a result of which Good Day Travels is unable to fulfil its obligations. Good Day Travels also has the right to invoke force majeure if the circumstance preventing (further) performance of the Agreement occurs after Good Day Travels should have fulfilled its obligation.
Both Good Day Travels and the Client may suspend the obligations under the Agreement in whole or in part during the period that the force majeure continues. If the force majeure situation is of a temporary nature, Good Day Travels reserves the right to suspend the agreed performance for the duration of the force majeure situation. In the event of permanent force majeure, both Parties are entitled to terminate the Agreement with immediate effect, by means of written notice, without judicial intervention, without the Parties being able to claim any compensation.
If Good Day Travels has partially fulfilled its obligations under the Agreement at the time force majeure occurs, or will be able to fulfil them, and the fulfilled or to-be-fulfilled part has independent value, Good Day Travels is entitled to invoice the already fulfilled or to-be-fulfilled part separately. The Client is obliged to pay this invoice as if it were a separate Agreement.
The foregoing also applies to the Client in the event of force majeure on his/her part.
Article 16. Damage and liability
Good Day Travels is only liable for direct damage, provided that direct damage has arisen through deliberate recklessness or intent on the part of Good Day Travels. Direct damage shall be understood exclusively as:
• Material damage to the Client's property;
• Reasonable costs incurred by the Client in establishing liability and (the extent of direct) damage;
• Reasonable costs which the Client has reasonably incurred, and could and was entitled to reasonably incur, to prevent or limit the damage, insofar as the Client demonstrates that these costs have led to a limitation of the direct damage;
• Reasonable costs which the Client has reasonably incurred to obtain satisfaction out of court, as referred to in Article 6:96 paragraph 2, sub c of the Dutch Civil Code.
Good Day Travels is not liable for indirect damage (including, but not limited to, consequential loss, loss of profit, missed savings, business interruption or intangible damage to the Client; in the case of consumer purchases this limitation does not extend beyond what is permitted under Article 7:24 paragraph 2 of the Dutch Civil Code), nor for damage of any kind whatsoever arising because Good Day Travels has relied on incorrect and/or incomplete information provided by the Client (unless such incorrectness or incompleteness ought to have been apparent to Good Day Travels), nor for mutilation, destruction, theft or loss of data or documents.
If Good Day Travels should be liable for any damage whatsoever, its liability is limited to a maximum of once the amount stated on the invoice or to the amount to which the insurance to which Good Day Travels is affiliated gives entitlement, increased by the excess that Good Day Travels bears in accordance with the insurance.
The Client must report any damage for which Good Day Travels may be held liable to Good Day Travels as soon as possible, but in any event within fourteen days of the damage occurring, failing which any right to compensation for such damage shall be forfeited.
Article 17. Indemnification and Limitation Period
The Client indemnifies Good Day Travels against any claims from third parties who suffer damage in connection with the execution of the Agreement and which is attributable to the Client.
If Good Day Travels should be held liable by third parties, the Client is obliged to assist Good Day Travels both in and out of court. All costs and damages on the part of Good Day Travels and third parties shall furthermore be borne by and at the risk of the Client.
For all claims against Good Day Travels and any third parties engaged by Good Day Travels, a limitation period of one year applies, notwithstanding the statutory limitation periods.
Article 18. Complaints Procedure
If the Client has a complaint regarding the manner in which Good Day Travels conducts its business activities, the Client may submit a complaint via email.
The Client must submit a complaint within one month after the Client has become aware of the existence of the complaint.
Good Day Travels treats all complaints confidentially.
Good Day Travels will endeavour to resolve the complaint within one month.
Article 19. Copyright and Intellectual Property Rights
Good Day Travels reserves the rights and powers to which it is entitled under the Copyright Act and other intellectual property legislation and regulations.
Good Day Travels reserves the right to use any knowledge gained through the execution of the Agreement for other purposes, provided that no confidential information is disclosed to third parties in doing so.
Privacy Statement
Article 20. Processing of personal data
In performing the Services, Good Day Travels processes personal data of the Client. When processing personal data, Good Day Travels acts in accordance with applicable privacy laws and regulations.
The personal data that the Client provides to Good Day Travels will be stored carefully and confidentially by Good Day Travels. Good Day Travels will not retain the personal data for longer than is necessary.
Good Day Travels will use the Client's personal data exclusively and only for necessary specific purposes: in the context of the performance of the Services or the handling of any complaint.
Good Day Travels is not permitted to lend, hire out, sell or in any way disclose the personal data of the Client.
The Client has a number of rights, including the right to access, right to correction and right to deletion of the personal data provided.
The Client is entitled to lodge a complaint with the Dutch Data Protection Authority regarding his/her personal data. The Dutch Data Protection Authority is obliged to handle this complaint.
Article 21. Cookies
When visiting the Good Day Travels website, Good Day Travels may collect information from the Client about the use of the website through cookies. When visiting the website, the Client must indicate themselves whether they agree to the use of cookies.
The information that Good Day Travels collects through cookies may be used for functional and analytical purposes.
Article 22. Amendment of General Terms and Conditions
Good Day Travels reserves the right to amend these Terms and Conditions unilaterally. Amendments will also apply to Agreements already concluded.
Good Day Travels will notify the Client of the changes by email. The changes will take effect thirty days after the Client has been notified of the changes.
If the Client does not agree with the announced changes, the Client has the right to terminate the Agreement, unless Good Day Travels is willing to execute the Agreement in accordance with the originally applicable General Terms and Conditions.
Article 23. Applicable law and disputes
Dutch law exclusively applies to all legal relationships to which Good Day Travels is a party. This also applies if an obligation is performed wholly or partially abroad or if the Client has his/her place of residence abroad.
Disputes between Good Day Travels and the Client shall be submitted exclusively to the competent court in the Zeeland-West-Brabant district unless the law mandatorily prescribes otherwise.
Article 24. Location of General Terms and Conditions
These Terms and Conditions are published on the Good Day Travels website and deposited with the Chamber of Commerce under number: 97968277.