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Terms and Conditions

Introduction

These General Terms and Conditions apply to the General Agreement and all travel and related services that Beyond Expectations mediates on behalf of and at the instruction of the Client in its capacity as an intermediary. This includes, among other things, informing and advising on – and arranging – transport documents (such as airline tickets), accommodation, car rental or other services in the field of travel, in the broadest sense. Beyond Expectations performs these activities exclusively on behalf of business parties (excluding consumers) on the basis of a general framework agreement as referred to in Article 7:501 paragraph 1 under c of the Dutch Civil Code. As a result, the provisions of Title 7A of Book 7 of the Dutch Civil Code (package travel and linked travel arrangements) do not apply to the legal relationship between Beyond Expectations and the corporate Client, but are exclusively governed by these General Terms and Conditions.

Content

Article 1. Definitions

1.1. Beyond Expectations: Beyond Expectations BV, also trading as Birdie Events, Chefs Table and BE-Move, each in the capacity of intermediary and the processor of personal data.

1.2. Offer: The proposal from Beyond Expectations to the Client for the performance or execution of a Travel Service by a Travel Service Provider for the benefit of the Client and/or Traveler(s).

1.3. Assignment: The agreement that is concluded between the Travel Service Provider and the Client, whereby Beyond Expectations mediates for the account and risk of the Client.

1.4. Confirmation of Assignment: a written confirmation from Beyond Expectations to the Client of one or more Assignments.

1.5. Client: the natural person, legal entity or group of legal entities, always acting in the exercise of a profession or business, who instructs Beyond Expectations to mediate in the conclusion of agreements with Travel Service Providers and related parties.

1.6. General Agreement: The general framework agreement concluded between Beyond Expectations and the Client, including the applicability of these terms and conditions and all annexes.

1.7. Party or Parties: Beyond Expectations or the Client, individually or jointly.

1.8. Travel Service: The (arranging of) transport of persons via, for example, airplane, bus, boat or train, the provision of accommodation, the rental of vehicles intended for passenger transport, excursions, transfers, and all other services that may be part of – or related to – travel.

1.9. Travel Service Provider: the carrier, accommodation provider or other service provider with whom the Client enters into an agreement for the provision of a Travel Service and who, in compliance with its applicable terms and conditions, is responsible for the execution of the Travel Service.

1.10. Traveler: the person (persons) to whom, on the basis of the agreement(s) concluded with the Client, one (or more) Travel Service(s) is/are provided.

1.11. Working days and office hours: the days Monday to Friday from 08:30 to 17:30, excluding public holidays recognized in the Netherlands.

Article 2. Applicability

2.1. The General Terms and Conditions govern the legal relationship between Beyond Expectations on the one hand and the Client on the other.

2.2. The exclusions and/or limitations of liability of Beyond Expectations included in the General Agreement, Assignment and General Terms and Conditions also apply to the benefit of the employees of Beyond Expectations and its auxiliary and intermediary persons.

2.3. The applicability of the general terms and conditions used by the Client is expressly excluded.

Article 3. Term and duration

3.1. The General Agreement is entered into with effect from the date that the Client accepts the services of Beyond Expectations and applies up to and including 3 months after the last travel date of an Assignment.

3.2. The General Agreement can be terminated prematurely by either of the Parties with due observance of a notice period of one (1) month. Termination is possible at the end of a month after the month in which the last Assignment was executed.

3.3. Assignments can be canceled against payment of the cancellation fees owed to Beyond Expectations and the Travel Service Provider, whereby in the event that specific fees have not been agreed, the fees apply as determined in Article 7.

3.4. Each Party may terminate the General Agreement prematurely, without observing a notice period and without stating reasons if (with) a Party:

  • a) Applies for bankruptcy or bankruptcy is applied for a Party, is in a state of bankruptcy, or falls or comes to fall under the application of the Debt Restructuring (Natural Persons) Act;
  • b) Is in suspension of payment or applies for suspension of payment or is applied for a Party;
  • c) Discontinues or liquidates the company;
  • d) Attachment, either conservatory or executory, is levied on a substantial part of the assets, movable and/or immovable property or other possessions of a Party, whereby there is reasonable doubt as to whether that Party will or can meet its payment obligations under the General Agreement or the Assignments arising from it;
  • e) The other Party demonstrably fails to fulfill any obligation arising from the General Agreement and this attributable shortcoming has not been remedied within thirty (30) days after a written notice of default to that effect.

Article 4. Offer and Assignment

4.1. An Offer from Beyond Expectations is without obligation and can be revoked by Beyond Expectations, even after acceptance by the Client. Revocation must take place as soon as possible and within 2 working days after the date of the Assignment. This provision applies mutatis mutandis in the event of an Offer or Assignment that includes a change to an already existing Assignment.

4.2. Insofar as preparatory actions are necessary for making an Offer, such as optionally reserving a Travel Service, an invitation to make this Offer also applies as an authorization from the Client to perform these preparatory actions, insofar as this is required by the Travel Service Provider.

4.3. An Assignment is concluded by acceptance of the Offer from Beyond Expectations by the Client. Acceptance can take place both in writing and orally. In any case, a payment counts as proof that the Offer from Beyond Expectations has been accepted by the Client.

4.4. An Offer from Beyond Expectations may relate to multiple Travel Services. Upon acceptance of this Offer by the Client, there will be multiple Assignments, regardless of how these Travel Services are confirmed and invoiced to the Client.

4.5. Beyond Expectations is authorized to perform all actions arising from the Assignment after acceptance of an Offer.

4.6. After acceptance of an Offer, the Client is bound by the Assignment. If a Confirmation of Assignment is provided by Beyond Expectations, this applies as proof of the content of the Assignment.

4.7. In the event that Beyond Expectations performs actions for the benefit of the Client in the context of an Assignment, it will always be the Client who enters into the agreement with the Travel Service Provider, whereby the terms and conditions of this Travel Service Provider apply and which are already accepted by the Client for then.

4.8. Even after the expiry of the term as referred to in the first paragraph, Beyond Expectations is not obliged to honor an Assignment if and insofar as the Offer and/or the (content of the) Confirmation of Assignment is based on an obvious error or mistake.

Article 5. Price

5.1. The prices that Beyond Expectations mentions or states in the Offer and/or the Confirmation of Assignment are based on the price-determining factors known at the time of issuing the Offer and/or on the date and time of the Assignment, which include all relevant costs and fees of both Beyond Expectations and the Travel Service Provider, unless otherwise agreed.

5.2. If, after issuing an Offer or the date of the Assignment, the prices of the price-determining factors (including – but not limited to – transport costs; taxes; levies; surcharges and/or exchange rate changes) increase and these increases are passed on by the Travel Service Provider involved, Beyond Expectations is entitled to change the Offer or the Assignment and charge the additional costs to the Client.

5.3. All amounts in an Offer are exclusive of VAT.

Article 6. Payment

6.1. The Client is liable for all obligations arising from an Assignment, even if these have been entered into on behalf of or for the benefit of a third party.

6.2. Insofar as transport costs are subject to specific payment conditions, Beyond Expectations will make this known to the Client in the offer or the Assignment. This means that, if a payment term is not met by the Client, this may lead to an increase in transport costs.

6.3. In the event that the General Agreement or an Assignment is entered into by or on behalf of several Clients, these Clients are jointly and severally liable for compliance towards Beyond Expectations.

6.4. The Client has no right of suspension or set-off. Section 7, Title 1 of Book 6 of the Dutch Civil Code is expressly excluded. In the event of a dispute regarding an invoice from Beyond Expectations, the Client does not have the right to suspend or omit the fulfillment of its obligations.

6.5. All traffic (including payment traffic) between the Traveler(s) on the one hand and Beyond Expectations on the other hand takes place exclusively via the Client.

6.6. Payment must be made in a manner to be indicated by Beyond Expectations within the term indicated on the invoice, unless the Parties have agreed otherwise in writing or it follows from the nature or characteristics of the Travel Service that direct payment must take place. In the absence of a payment term on the invoice, payment must be made within fourteen (14) days after the invoice date.

6.7. All costs related to the method of payment to Beyond Expectations and/or the Travel Service Provider are for the account of the Client, including credit card surcharges.

6.8. In the event of late (full) payment, the Client is legally in default. If the Client is in default, he will be reminded by Beyond Expectations to pay and will be given a period of 14 days to still meet his obligations, with the announcement that in the event of non-payment, Beyond Expectations will also claim compensation for the costs of determining damage and liability and those for obtaining payment out of court.

6.9. The Client who has not paid on time owes statutory commercial interest on the amount due from the date of default. Furthermore, from the eighth day after the reminder, he is obliged to pay the extrajudicial collection costs. These extrajudicial costs amount to a maximum of 15% on a travel sum up to € 2,500, with a minimum of € 100; 10% on the subsequent € 2,500; 5% on the next € 5,000 and 1% on the excess.

6.10. If the Client is in default, Beyond Expectations has the authority – also to limit further damage – to proceed to cancel the Assignments that have yet to be performed and to (temporarily) suspend the services to the Client. In addition to the costs that third parties have already charged or costs that third parties still charge as a result of the cancellation, the Client is also obliged to compensate Beyond Expectations for its damage, which consists of the costs of its services owed. Any already prepaid parts of the amount due will be settled with these costs.

6.11. Payments to Beyond Expectations will first be deducted from the costs, including the (extra)judicial costs, then from the interest due and finally from the principal (whereby older claims take precedence over new ones).

6.12. Any refunds due to the Client and received by Beyond Expectations from a Travel Service Provider will be paid to the Client as soon as possible after settlement of any unpaid invoices. Beyond Expectations will make every effort to collect these refunds for the Client without assuming a commitment to achieve results on this point.

6.13. Unless other agreements apply to an Assignment and are confirmed as such by Beyond Expectations to the Client, payment to a Travel Service Provider will only take place to Beyond Expectations. Beyond Expectations is authorized to grant the Client a maximum credit facility for this and/or to demand further financial guarantees from the Client.

Article 7. Changes and cancellations

7.1. Change and cancellation by the Client

  • a) If the Client wants to change an Assignment, this is only possible if agreement has been reached between the Client, Beyond Expectations and the Travel Service Provider(s) involved and the Client bears the costs associated with this change.
  • b) If the Client cancels an Assignment, all associated costs that the Travel Service Provider and Beyond Expectations charge are for the account of the Client.
  • c) The Client must cancel an Assignment in writing. The Assignment and the Travel Service(s) included therein are deemed to have been canceled on the day that Beyond Expectations received the written cancellation by and from the Client. Cancellations outside Office Hours are deemed to have been received on the next working day.
  • d) The provisions of Article 5 paragraph 1 apply in full to the costs of a change and cancellation by the Client.

7.2. Change and cancellation by the Travel Service Provider

  • a) If and insofar as a Travel Service Provider changes any part of the Assignment, or cancels the Assignment in whole or in part, Beyond Expectations is not liable to the Client for any damage or any other disadvantage to the Client that arises or may arise from this.
  • b) Beyond Expectations will make every effort to find alternatives for the changed and/or canceled Assignment, insofar as this can reasonably be required of it, without being able to guarantee this. Other Assignments that relate to the same trip remain in effect.

Article 8. Indemnification and (joint and several) liability

8.1. Beyond Expectations will take the interests of the Client and the Traveler into account as carefully as may reasonably be expected in the given circumstances.

8.2. In the event of a combination of Travel Services or Assignments for the same trip, Beyond Expectations is not liable for damage or any other disadvantage if these Travel Services or Assignments do not or no longer connect with each other.

8.3. Beyond Expectations accepts no liability for actions and/or omissions of the Travel Service Providers involved in the execution of the Travel Services.

8.4. Beyond Expectations also accepts no liability if an Assignment cannot be executed due to circumstances not attributable to Beyond Expectations (hereinafter referred to as: “Force Majeure”). Force Majeure is understood to mean a failure to fulfill any obligation as a result of unforeseen circumstances that cannot be prevented despite all reasonable precautions. This includes, in particular but not limited to, technical malfunctions in the systems used to record the Travel Service(s), cancellations of (parts of) the trip, or changes made to the trip, by the Travel Service Provider, or by the Client or Traveler, regardless of whether Beyond Expectations has been informed of this in a timely manner, delays, missing connections, overbookings, malfunctions or interruptions in utilities, weather conditions, natural and/or nuclear disasters, war and threat of war and (acts of) terrorism and/or terrorist threat.

8.5. Beyond Expectations accepts no liability for the accuracy of the information provided by or on behalf of Travel Service Providers or other third parties.

8.6. If Beyond Expectations is liable for damage to the Client as a result of an attributable failure, Beyond Expectations accepts liability, which is limited to the value of the Assignment to which the complaint relates and never exceeds the amount that Beyond Expectations’ professional liability insurer pays out in the case in question, plus the amount of Beyond Expectations’ deductible that is not borne by the insurer according to the policy conditions.

8.7. Beyond Expectations is not liable for the financial inability of a Travel Service Provider.

8.8. Beyond Expectations does not accept liability for damage that is covered by a health/accident, travel and/or cancellation insurance of the Client or of a Traveler participating in a trip.

8.9. Beyond Expectations is never liable for compensation for indirect damage (including, but not limited to, consequential damage, lost profit, loss of income, missed savings and damage due to business interruption), or for damage suffered by the Client and/or the Traveler in the context of the exercise of his profession or business.

8.10. The Client indemnifies Beyond Expectations against all claims from Traveler(s) and/or Travel Service Providers and/or other third parties that arise from or are related to an Assignment.

8.11. In the event of multiple Clients, each Client is jointly and severally liable for the fulfillment of all obligations of the Client(s) and/or Traveler(s) towards Beyond Expectations and/or the Travel Service Provider insofar as these arise for the Client(s) and/or Traveler(s) from an Assignment.

Article 9. Obligations of the Client and/or Traveler

9.1. With every request to make an Offer or issue an Assignment, the Client must state all information that is necessary to compile an Offer or execute an Assignment, including the correct name of the Traveler and other details of the border document to be used.

9.2. The Client agrees that Beyond Expectations, for the purpose of compiling an Offer or executing an Assignment, provides information about the Client and personal data of Travelers (including special categories of personal data) to the Travel Service Providers involved in the Offer or Assignment (for example, airlines). Beyond Expectations will always consider whether providing this information to the relevant Travel Service Provider is desirable or essential.

9.3. If the Client or Traveler does not wish to transfer the data in the previous paragraph or fails to provide the correct data to Beyond Expectations, Beyond Expectations is not liable for delays and/or other damage as a result of not being able to inform Travelers in a timely manner by or on behalf of Beyond Expectations or the relevant Travel Service Provider, or not being able to execute the Travel Services in accordance with the Assignment, due to the absence of this data.

9.4. The Client and/or the Traveler will themselves obtain the necessary information from the authorities concerned with regard to passport requirements, visas or other formalities that are (among other things) related to health risks and must also check in a timely manner before departure whether the information previously obtained is still correct.

9.5. The Client and Traveler(s) are obliged to comply with all instructions from Beyond Expectations and Travel Service Providers to promote the proper execution of the travel service(s) (including, but not limited to, instructions regarding check-in times and transfer times) and are liable to Beyond Expectations and/or the Travel Service Provider for damage arising from, or otherwise related to, their behavior and/or omissions, or must bear the resulting own damage themselves.

9.6. The Traveler who causes such nuisance or burden that a proper execution of the Travel Service(s) is greatly hindered or may be hindered, may be excluded from (continuation of) the Travel Service(s) by Beyond Expectations and/or the Travel Service Provider, if it cannot reasonably be required of them that the Assignment be fulfilled. All resulting damage is at the expense of the Client.

9.7. The Client and the Traveler(s) are obliged to prevent any (further) damage and/or limit it as much as possible, including by reporting complaints in a timely manner.

Article 10. Privacy

10.1. The terms in this article are (partly) defined in the General Data Protection Regulation (hereinafter: “GDPR”) and have the meaning assigned to them in the GDPR.

10.2. BE will process personal data on behalf of the Client in the context of an Assignment, whereby the Client is the controller. The category of data subjects whose personal data are processed are (among others) Travelers: Data subjects who travel (will travel) for, on behalf of or on the instructions of the Client (including employees, auxiliary persons or other external relations of the Client).

10.3. Notwithstanding the rights that a data subject has with regard to personal data processed by Beyond Expectations, the Client will always be the primary point of contact for the data subjects referred to in the previous paragraph.

10.4. BE processes personal data in the context of an Offer or an Assignment, whereby the following categories of personal data can be processed:

  • a) Last name, initials and first names (as per passport)
  • b) Contact information, such as (mobile) telephone and (private and/or business) e-mail address
  • c) Date and place of birth
  • d) All travel information of the Assignments that a data subject uses
  • e) Details of a driver’s license (such as the date and place of issue, categories, expiration date and restrictions)
  • f) Details of passports and other ID documents (such as date and place of issue, expiration date) and the associated issued visas
  • g) Other additional information that the data subject voluntarily provides to Beyond Expectations with regard to an Offer or Assignment (for example, preferences regarding seat, meals, so-called “frequent flyer” membership(s), insurance details, credit card details, etc.)
  • h) Special categories of personal data as referred to in Articles 9 and 10 GDPR if these personal data are necessary for reserving and/or executing the services of Beyond Expectations and/or the travel services

10.5. Every Assignment or request from the Client in which personal data must be processed or personal data must be provided to third parties also includes the permission from or on behalf of the data subject for processing and providing the applicable personal data. The Client guarantees to Beyond Expectations that for every data subject whose personal data the Client provides to Beyond Expectations for the purpose of processing these personal data by BE:

  • a) Express consent has been obtained from the data subject(s) or his/her parents/guardians insofar as the data subject is younger than 16 years
  • b) Has at least been informed of the following:
    • i. That Beyond Expectations may provide this personal data to Travel Service Providers if this is necessary for making an Offer or the conclusion and execution of Assignments
    • ii. That Assignments for multiple Travelers for the same Travel Services may lead to Travelers having access to each other’s personal data, such as the name, contact details, a number of the relevant proof of identity, date of birth and any meal options of the data subject, caused by the working method and design of systems of Travel Service Providers, and indemnifies Beyond Expectations against any claims in this regard

10.6. The Client will provide the Traveler(s) with all legally required information prior to obtaining the aforementioned consent, including at least the following information:

  • a) which personal data are or may be provided to Beyond Expectations
  • b) that the Travel Service Providers or other third parties, including airlines, to whom Beyond Expectations provides personal data, may be required to provide certain personal data to third countries, or international organizations or Travel Service Providers that may be located outside the European Economic Area (EEA) that do not offer comparable privacy protection as the countries within the EEA pursuant to the GDPR, such as, for example, but not limited to, the US Bureau of Customs and Border Protection
  • c) that Travelers, within the limits of the applicable laws and regulations, have the right to request access to the personal data that Beyond Expectations has about them and that if this personal data is factually incorrect, incomplete, or not relevant, or is otherwise processed in violation of any legal provision, the Traveler may request to correct, supplement, delete or protect this data and to inform the Travelers that they can contact BE for more information about the rights and/or such a request
  • d) all other information that is necessary to provide the Traveler(s) with a proper and careful processing of their personal data by Beyond Expectations

10.7. Personal data will not be kept by Beyond Expectations for longer than is necessary for compiling an Offer and/or executing the Assignment, or to comply with a legal obligation resting on it. Depending on the type of personal data and the processing, the retention period is between 5 and 45 working days after the last day of the execution of an Assignment or the expiry of an Offer and the maximum retention period of 7 years insofar as any legal obligations apply to EB for this.

10.8. The Client has the right to data portability on behalf of the data subject. Beyond Expectations will transfer this data, after having received a request from the Client to this effect, in a commonly structured format to the Client, provided that this request is received no later than 45 working days after the termination of the Client’s General Agreement.

Article 11. Transfer

11.1. Unless expressly stipulated in the General Agreement or an Assignment, a Party may not transfer the rights and obligations arising from the General Agreement or Assignment to a third party without the prior written consent of the other Party.

Article 12. Complaints

12.1. A period for submitting a complaint may be shortened if an international treaty applies to the Travel Service or travel component to which the complaint relates, which stipulates shorter periods for submitting complaints and claims for damages, among other things.

12.2. Complaints regarding the services provided by Beyond Expectations

12.3. Complaints about the services provided by Beyond Expectations, such as advice, information and the handling of reservations, must be submitted in writing and with reasons to Beyond Expectations no later than one month after the Client becomes aware of the facts to which the complaint relates.

12.4. Beyond Expectations will handle the complaint with the necessary speed.

12.5. Complaints about the execution of Travel Services

12.6. The Client must report any complaints regarding the execution of the Travel Service immediately to the (representative of the) Travel Service Provider and must first try to reach a solution on the spot with the (representative of the) Travel Service Provider.

12.7. The Client must at all times give the Travel Service Provider the opportunity to effect a suitable solution to the complaint.

12.8. If the complaint cannot be resolved on the spot with the (representative of the) Travel Service Provider, the Client must contact Beyond Expectations immediately. Beyond Expectations will then make every effort to resolve the complaint to satisfaction, insofar as this is reasonably within the possibilities of Beyond Expectations.

12.9. Beyond Expectations will assume a mediating role in disputes between the Travel Service Provider and the Client regarding the execution of the Travel Service without becoming a party to the dispute itself.

12.10. If the complaint cannot be resolved to satisfaction on the spot, the Client must submit the complaint in writing and with reasons to the Travel Service Provider as soon as possible, but no later than within the period set by the travel service provider or, if absent, within one month after returning, or to Beyond Expectations. Beyond Expectations will forward the complaint – insofar as it relates to the execution of the Travel Service – to the Travel Service Provider for further handling. Both the Travel Service Provider and Beyond Expectations strive to handle the complaint with the necessary speed.

Article 13. Expiry of right of action

13.1. Every right of action with regard to the liability of Beyond Expectations expires after a period of one (1) year:

  • a) With regard to an Assignment, counting from the moment on which the Assignment is or would be executed or the Travel Service is or would be provided
  • b) With regard to the General Agreement, counting from the termination of the General Agreement

Article 14. Applicable law and competent court

14.1. Dutch law applies to all disputes between the Client and Beyond Expectations.

14.2. The court in the district where Beyond Expectations is located has jurisdiction to hear all disputes between the Parties, unless Beyond Expectations chooses the court in the district where the Client has its office or another court has exclusive jurisdiction on the basis of legislation.

Article 15. Other provisions

15.1. Unless the context indicates otherwise, words in the singular form also mean the plural form and vice versa.

15.2. Written in these General Terms and Conditions also includes electronic means (including e-mail messages).

15.3. Provisions and obligations that, by their nature, are intended to continue even after termination of the General Agreement or an Assignment, will continue to apply after termination of the General Agreement or Assignment. This obligation includes, among other things, those obligations that arise from the provisions regarding confidentiality, extension, transfer and destruction, liability and applicable law.

15.4. In the event of conflict of any provision in these General Terms and Conditions and the General Agreement, or an Assignment, the following ranking applies, whereby one provision in a higher ranking prevails over the other provision:

  • a) The Assignment and the specific conditions included therein
  • b) The conditions of the relevant Travel Service Provider
  • c) These General Terms and Conditions

15.5. If and insofar as one or more provisions in the General Agreement, the General Terms and Conditions and/or an Assignment should conflict with mandatory legal provisions, the latter provisions will be deemed to have replaced the relevant provisions or a part of the provisions of the General Agreement, the General Terms and Conditions and/or the Assignment, without prejudice to the validity of the other provisions stated therein.

15.6. In the event that the General Agreement, an Offer or Assignment is drawn up in more than one language, the version in the Dutch language prevails in the event of discrepancy.