General terms and conditions
Article 1: Definitions1.1. User: SearchAllHolidays.CO.UK and its legal successors.
1.2. Client: natural and legal persons who conclude an agreement with SearchAllHolidays.CO.UK.
Article 2: General2.1. These terms and conditions apply to all offers and agreements between user and client, unless explicitly deviated from in writing.
2.2. The user explicitly rejects the applicability of any conditions of the client.
2.3. If any condition is wholly or partially null and void and / or destroyed, the other conditions will remain in full force. The user will then, together with the client, replace the invalid and / or nullified condition with a new condition. The new condition is drafted according to the purpose and purport of the condition to be replaced.
2.4. These terms and conditions also apply to agreements whereby the user engages third parties for the implementation.
2.5. If a condition is unclear, it must be interpreted in the spirit of these conditions. This explanation is also used when a situation has arisen that is not regulated in these conditions.
2.6. User can deviate from or implement these terms and conditions in a different way to the benefit of the client, but this does not mean that these terms and conditions do not apply. User reserves the right to demand compliance with these conditions.
Article 3: Quotation3.1. The quotation is without obligation and valid for 14 days after date.
3.2. If the client has not accepted the quotation in writing within the term, the quotation will lapse and the user is entitled to change or withdraw the quotation.
3.3. User has the right to change or withdraw a quotation if it is based on incorrect and / or incomplete information provided by the client.
Article 4: Agreement4.1. The agreement is entered into in writing and for an indefinite period of time, unless the nature or content of the agreement dictates otherwise.
4.2. The agreement describes the services that will be performed and includes the hourly rate or the agreed price. If it appears in the meantime that the agreement is not sufficient or one of the parties wishes to amend the agreement, this can be done in mutual consultation. The agreed price can then possibly also be changed. The change is agreed in writing.
4.3. In the performance of the agreement, the user will adhere to the requirements of good workmanship. User executes the agreement to the best of his knowledge and ability. This on the basis of the state of science known at that time. User only has a best efforts obligation and gives no guarantees to achieve an intended result.
4.4. When the agreement can be divided into separate parts, the user can choose to invoice them separately. User can suspend parts of the agreement if he needs approval for the result of the previous part.
4.5. User has the right to change or withdraw the agreement if this agreement is based on incorrect or incomplete information provided by the client. The user can suspend the agreement or charge extra costs if the required information has not been provided by the client on time.
4.6. User can terminate or change the agreement prematurely with a notice period of one month. User can terminate or change the agreement prematurely without notice if there are circumstances that make the execution of the agreement impossible or as a result of which the unaltered maintenance of the agreement cannot be required of the user. In addition, the user can suspend or terminate the agreement without notice if the client contravenes the agreement or these terms and conditions. The agreement cannot be prematurely dissolved or amended by the client.
4.7. At the discretion of the user, the agreement can be fully or partially performed by third parties.
4.8. If the client does not and / or not timely fulfill obligations arising from the agreement or if the user has a well-founded fear that this will occur and this non-performance justifies suspension or dissolution, the user can suspend or dissolve the agreement with immediate effect. In this case, the user has no obligation to pay compensation and / or compensation, while the client is obliged to do so due to the breach of contract.
4.9. Termination of the agreement is effected when the services have been performed by the user and the amount due has been paid by the client.
4.10. User has the right to terminate the agreement with immediate effect without notice or notice of default if the client applies for a moratorium or if he is granted a moratorium, the client applies for bankruptcy or a debt rescheduling scheme or is declared bankrupt, or if the debt rescheduling scheme is pronounced. whether the business of the client is liquidated.
Article 5: Change of conditions5.1. User reserves the right to change these conditions. The amended terms and conditions only come into effect when they have been notified to the client.
5.2. Client reserves the right to terminate the agreement within two weeks after the amended conditions have been notified to him.
5.3. If the client has not responded to the notification within two weeks, the user is entitled to assume that the client has accepted the amended conditions.
Article 6: Fee6.1. The hourly rate of the user is exclusive of sales tax, travel costs and other expenses.
6.2. Instead of an hourly rate, a total amount can be agreed in advance or in the interim.
Article 7: Prices and payment7.1. The agreed prices are exclusive of turnover tax.
7.2. Payment must be made within 14 days after the invoice date, into a bank account designated by the user in the currency in which the invoice was made.
7.3. Objection to the invoice amount must be reported in writing to the user within 14 days of the invoice date.
7.4. The Client is in default by operation of law if he does not pay within the payment term. The private client is in default if he remains in default after he has not paid within the payment term or within the reasonable term after reminder. The client owes statutory interest on the outstanding amount from the time of default until the time of full payment.
7.5. If the client remains in default, all reasonable extrajudicial and customary judicial costs associated with the collection will be borne by the client. Statutory interest is also charged to the client on these costs.
7.6. Payments from the client first serve to pay the costs of the collection, then to pay all interest and finally to pay the principal sum, even if the client indicates otherwise in the payment.
7.8. Gebruiker is gerechtigd om opdrachtgever een voorschot te laten betalen. Opdrachtgever is verplicht om dit voorschot per maand aan te vullen indien gebruiker dit wenselijk acht.
7.7. The client is never entitled, without the consent of the user, to set off a debt of the user against an invoice. Objections of the client against the services provided and / or the amount of the invoice do not suspend the payment obligations. The client may also not suspend payment for other reasons, unless he can invoke one of the articles under section 6.5.3. of Book 6 of the Civil Code.
Article 8: Liability8.1. If the user should be liable for any damage, then the liability of the user is limited to the direct damage. The user's liability is limited to a maximum of the invoice value of the agreement, or at least to that part of the agreement to which the liability relates. The user's liability is in any case limited to the sum for which the user is insured.
8.2. User is never liable for indirect damage, such as consequential damage, loss of profit, missed savings and damage due to business interruption. The user is also never liable for damage caused by the user based on incorrect and / or incomplete information provided by or on behalf of the client.
8.3. Direct damage is exclusively understood to mean: the reasonable costs incurred to determine the cause and extent of the damage, the reasonable costs incurred to still properly execute the agreement and reasonable costs to prevent or limit the damage. the damage. These costs only fall under direct damage if it is determined that the damage is attributable to the user.
8.4. The limitation of the user's liability is only valid if there is no damage as a direct result of intent or gross negligence on the part of the user, one of his subordinates or third parties engaged.
8.5. If the user cannot or cannot properly fulfill the agreement due to the actions of the client, the client is liable for all direct and indirect damage on the part of the user.
8.6. The client indemnifies the user against any claims from third parties who suffer damage in connection with the performance of the agreement and the cause of which is attributable to other than the user. If the user should be addressed by third parties on that basis, the client is obliged to assist the user both in and out of court and to do everything that may be expected of him in that case without delay. Should the client fail to take adequate measures, the user is entitled to do so himself without notice of default. All costs and damage on the part of the user and third parties that arise as a result are fully for the account and risk of the client.
Article 9: Intellectual property9.1. User reserves all intellectual property rights.
9.2. All knowledge that the user obtains through the execution of the concluded agreement may be used by the user for other purposes, unless it concerns confidential data of the client.
Article 10: Information10.1. The client provides the required information in a timely and complete manner. The client is responsible for the correctness of the data and declares by providing the data that it is entitled to use this data. The client indemnifies the user against claims from third parties.
10.2. Data from the client will be treated confidentially by the user and will never be sold on to others without the prior consent of the client.
10.3. Client data is used to a limited extent by the user for direct marketing. Direct marketing includes direct mailing and telemarketing.
Article 11: Force majeure11.1. In the event of force majeure, the user's obligations arising from the agreement concluded with the client will be suspended. The user will inform the client of the force majeure situation as soon as possible.
11.2. Force majeure, in addition to what is understood by force majeure in the law and jurisprudence, also includes all external causes, foreseen or unforeseen, on which the user cannot influence and which makes the user unable to fulfill his obligations. Examples include: failures, network DoS and DDoS attacks, strikes, technical complications, illness of deployed personnel, government measures, etc.
11.3. User has the right to suspend his obligations during the force majeure situation. User has no obligation to compensate any damage as a result of the force majeure situation.
11.4. The parties have the right to dissolve the agreement if the force majeure situation lasts longer than 60 days. The parties have no obligation to compensate any damage as a result of the dissolution.
11.5. If the user has already partially fulfilled the agreement or can still fulfill it and this part as such has independent value, the user has the right to invoice this part separately. There is a separate agreement, therefore the client is obliged to pay this invoice.
Article 12: Applicable law and disputes12.1. All legal relationships to which the user is a party are exclusively governed by Dutch law, even if an obligation is fully or partially performed abroad or if the party involved in the legal relationship is domiciled there. The applicability of the Vienna Sales Convention is excluded.
12.2. The judge in the user's place of business has exclusive jurisdiction to hear disputes, unless the law prescribes otherwise. Nevertheless, the user has the right to submit the dispute to the competent court according to the law.
12.3. The parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.