General Terms & Conditions of Services, Sale & Delivery
This document sets out the general terms and conditions of Land of Ride B.V. (hereinafter Land of Ride), a company registered in The Netherlands (Chamber of Commerce no. 83091815 whose registered address is Baarsjesweg 285 H, 1058 AE Amsterdam, the Netherlands.
1. General; definitions
Land of Ride provides as intermediary an internet platform for travels and travel-related products. Land of Ride facilitates the provision of travel services (accommodation, tourist trips, guides etc.) and travel-related products of third parties to User. Land of Ride is not a tour operator. Land of Ride does not deliver, own or control any of the travel-related products and services on offer.
In these terms and conditions:
Group Applicant means a person who makes a booking request and/or enters into a booking agreement on his own behalf and on behalf of more Users (Group Members);
Land of Ride means Land of Ride B.V.;
Product means a travel-related product or travel-related products offered and/or delivered by Partners;
Service means a travel service, travel services and/or travel arrangement offered and/or delivered by Partners;
Partner means a third party (company or natural person) that delivers to User the travel service (“Service”) or travel-related product (“Product”) that Land of Ride offers to User on the platform;
User means a person and/or Applicant who visits the website or app of Land of Ride and/or who uses the services of Land of Ride and/or enters into a booking agreement with Land of Ride.
These general terms and conditions apply to the use of the entire Land of Ride offerings, in particular all information services, proposals, booking services and agreements between Land of Ride and User. Deviations from these terms and conditions are valid only if expressly agreed in writing.
The terms and conditions of Partner shall apply additionally to the offering and delivery of a specific Service and/or Product. In the event of conflicting conditions, the general terms and conditions of Land of Ride shall apply preferentially.
2. Booking procedure
User/Group Applicant makes a booking request using the platform. Upon receipt of the booking request and payment of the deposit (see article 4), Land of Ride assesses the availability of the requested Service and/or Product from Partner. Partner contacts User/Group Applicant to confirm the booking. The booking confirmation indicates the total price due, further information on the booking and instructions for payment. User/Group Applicant must check the booking conformation carefully immediately upon receipt. If information appearing on the booking confirmation or in another document is incorrect or incomplete, User/Group Applicant must Partner immediately in writing.
The contractual obligation of Land of Ride is limited to the proper intermediation of the booked Product and Service. The contractual obligations of Land of Ride do not include the actual delivery of the booked Product or Service.
If Group Applicant makes a booking request with Land of Ride or a booking with Partner he ensures that he is authorised to act on behalf of Group Members, in particular to arrange Services and to enter into an agreement with Land of Ride and Partners in the name of Group Members. Group Applicant is liable to Land of Ride and Partner as the joint and several debtor in addition to Group Members for the payment of Products and Services. These terms and conditions, all correspondence regarding Services and/or instructions received by Group Applicant are deemed to have been received and accepted by all Group Members.
Land of Ride makes efforts to update information and prices at all times. But there may be differences due to fluctuations in exchange rates.
The booking confirmation contains the correct price and payment specifications. Land or Ride reserves the right to correct a pricing error after confirmation. User will have the option to pay the correct price of to cancel the booking with full refund.
Land of Ride can change the price after the booking confirmation, if there are changes in the level of taxes of fees incurred by third parties or exchange rates. There will be no change withing the period of 20 days preceding the start of the booked Service.
4. Payments, cancellation charges
Land of Ride demands payment of deposits and outstanding amounts in accordance with these general terms and conditions as well as the terms and conditions of payment of the Partner. Payment shall be collected as instructed by the respective Partner.
For Services, User/Group Applicant must pay the deposit of 20% of the total price of Services that have been booked immediately upon sending the booking request. If the requested Services are not available, the deposit will be refunded to User/Group Applicant. User/Group Applicant must pay the outstanding amount (80%) for Services to Partner no later than 60 days prior to the start of the booked Services by means of the payment method and instructions indicated by Partner without any further request for payment.
Land of Ride assumes no currency risks. In the event of major currency fluctuations, User/Group Applicant shall indemnify Land of Ride against any proven currency exchange losses. Reimbursements shall be made solely by means of bank transfers in the currency of the recipient. Bank fees and charges shall be borne by User/Group Applicant.
For Products, User/Group Applicant must pay the total price indicated by Partner by means of the payment method indicated by Partner.
Upon payment User/Group Applicant receives a payment confirmation.
5. Alterations, cancellations, reimbursements
If User/Group Applicant decides to modify or cancel a booking, User/Group Applicant must inform Land of Ride in writing as soon as possible. Additional costs incurred for making the requested changes for Land of Ride or the Partner shall be borne by User/Group Applicant, whereby Land of Ride may invoice a minimum fee of €50 for changes requested by User/Group Applicant.
A cancellation fee may apply, depending on the time User/Group Applicant cancels a booking. The cancellation fee is 0% for cancellation within the first 24 hours of booking only, the cancellation fee is 20% for cancellations more than 60 days before the start date of the booked Services, notwithstanding the right of Land of Ride or Partner to calculate and demonstrate higher costs. The cancellation fee is 100% for cancellations within 60 days before the start date of the booked Services.
Should there be a modification or cancellation by Land of Ride or Partner, Land of Ride shall also contact User/Group Applicant as soon as possible and seek a possible solution.
Land of Ride takes reasonable care to ensure that reputable Partners provide Products and Services to User. Partners follow local and national regulations and the laws of the country in which they operate. User agrees that the safety standards or the standard of any component of booked Services and Products may differ from those in User’s home country and in some cases may not meet the standards User is used to at home.
As an intermediary Land of Ride cannot assume responsibility for the performance of Partner.
If User is dissatisfied with a Product or Service and wishes to submit a complaint, User must address User’s complaint to Partner directly. If the complaint cannot be resolved directly during User’s stay, User should contact Partner in writing within 30 days after the booked Services. User must inform Land of Ride of such failure to perform or improper performance of the Service by Partner. Where possible, Land of Ride will attempt to find an appropriate solution.
7. Visa, passport and travel regulations
User must arrange for valid travel documents. User/Group Applicant must ensure that User has a valid passport, necessary visas to enter the country of destination. User must pay attention to the special travel regulations for the country of destination. Land of Ride is not liable for any assurance, guarantee, currency or accuracy of the travel information provided by Land of Ride.
User must arrange for travel insurance before the start of the booked Service. User should make sure that the travel insurance policy covers travel cancellation costs, in certain circumstances overseas travel insurance, including an overseas health cover component, insurance for adventurous activities, insurance for all activities in which User plans to participate, personal liability, loss of personal property, travel disruption in the event of travel restrictions. It is a condition of a booking that User has a suitable travel insurance. Land of Ride is not liable to those who travel without suitable travel insurance in breach of this clause. User agrees to indemnify Land of Ride against all third-party claims, actions or other remedies which may be brought against Land of Ride in respect to User’s participating in the booked Services.
In the event User has to withdraw from the Service either before or after the start of the Service as a result of illness, self isolation or quarantine, User shall meet the requirements of the insurance company in support of the insurance claim. Land of Ride is not obliged to make a refund.
9. Liability, responsibility
Land of Ride depends on the information provided to it by Partner with respect to the details of Products and Services. Although Land of Ride makes efforts to ensure the accuracy and completeness of such information and prices, errors do occur. Land of Ride does not provide any guarantees or assurances with respect to the completeness and accuracy of such information. The same applies for any other information made available by third parties. User must ensure all details of the booking (including price) at the time of booking. Land of Ride is not liable for changes in such information and/or price.
Land of Ride is not liable for the availability of Product or Service at the time of booking or for the performance of the booked Product or Service by Partner.
In any case, the liability of Land of Ride for damages on account of execution of the agreement is limited to twice the amount paid by User for the Products and Services giving rise to the liability.
For Services, any liability of Land of Ride expires with the lapse of one year starting from the day of start of the Service.
Land of Ride is not liable for Products from Partners.
User/Group Applicant shall be liable to Land of Ride for each and every reservation/booking that is made in bad faith or with deceitful intent or with erroneous or incomplete personal data. The opportunity to book Products and Services may only be utilised in order to make legal bookings as User/Group Applicant.
In many countries there are safety standards that differ from those generally found in Europe. Users are strongly encouraged, also in their own interest, to access information once again immediately before commencing travel in accessible sources, such as the internet pages of the Foreign Office, with respect to changes in the travel regulations and safety warnings for the country of destination.
10. Intellectual Property and website information
Land of Ride owns all rights to the trademarks, tradenames and logos used by it. User is not authorized to use any of those marks, names and logos without Land of Ride’s prior express written consent.
Land of Ride owns all rights to a large part of this website and the information (e.g. texts, photos, composition, art work) provided therein, including copyrights and other intellectual property rights. A part of the information is supplied by Partner, in that case Partner owns all rights to the information supplied.
The content of the website may not be copied, transmitted or used in any manner other than within the scope of the website without the prior express written authorisation of Land of Ride or Partner, if applicable.
11. Data Protection
12. Final provisions
Land of Ride reserves the right to make provision for supplementary terms and conditions for certain travel-related offerings or destinations.
All communication between Land of Ride and a User is to be undertaken by e-mail if possible.
If these terms and conditions are or become partially invalid, the parties will continue to be bound to and by the remaining terms. The parties shall replace the invalid terms by terms that are valid and achieve so far as possible the intended effect of the invalid terms, taking into account the content and purpose of these terms and conditions.
13. Applicable law and jurisdiction
These terms and conditions and any legal relationship between Land of Ride and User are governed exclusively by Dutch law. Applicability of the UN Contract for the International Sale of Goods (CISG) convention is excluded. Disputes, including disputes concerning the existence or validity of these terms and conditions, between Land of Ride and User will be submitted to the competent court in the Netherlands.