In order to meet its statutory obligation to provide a guarantee, Umrah booking makes use of the guarantee scheme provided by VZR Garant (www.vzr-garant.nl/en). You can check that this is the case by visiting VZR Garant's website and verifying that the organization is listed as a participant. VZRGarant's guarantee applies within the limits of its Guarantee Scheme (which can be found on VZRGarant's website). The Guarantee Scheme specifies the exact (travel) offering to which VZR Garant's Guarantee applies and what the guarantee entails. If services are not provided due to the financial insolvency of Umrahbooking, you can contact VZR Garant, which has its offices at Torenallee 20, 5617 BC Eindhoven, Netherlands, by sending an email to info@vzr-garant.nl or calling +31 (0)85 13 07 630.
1. Parties
- Umrah Booking: Umrah Booking, registered with the Chamber of Commerce under number [Chamber of Commerce number], located in Almere at Noorderduinstraat 409 (11361 DB), user of these general terms and conditions.
- Further details of Umrah Booking:
Websites: www.umrahbooking.com
Email: support@umrahbooking.com
VAT identification number: NL004444129B86
2. Definitions
- Client: the (potential) customer of the services offered by Umrah Booking.
- Fee: the compensation that the Client owes to Umrah Booking.
3. Applicability
- Umrah Booking declares these general terms and conditions applicable to every offer from Umrah Booking and, whether or not resulting from them, agreements that the parties have entered into with each other. To the extent that the content hereof has not been changed or no more specific conditions apply between the parties, these general terms and conditions will also apply to future contractual relationships between the parties.
- Deviations from these conditions only apply to the extent that they have been expressly agreed in writing by the parties.
- General (purchasing) conditions of the Client are expressly rejected.
- Third parties involved by Umrah Booking in the execution of the agreement can also rely on these general terms and conditions.
- If one or more (part(s)) of the provisions of these general terms and conditions are null and void or are annulled, the other provisions of these general terms and conditions will continue to apply. The parties will then enter into consultation to agree on new rules to replace the void or voided provisions, in which the purpose and scope of the void or voided provisions will be reflected as much as possible.
4. Offer and agreement
- Every offer, in the form of a quotation or otherwise, is completely and unconditionally without obligation and revocable, unless otherwise indicated in writing by Umrah Booking.
- The prices as stated on the website or in another form of an offer are in Euros and exclusive of 21% VAT and subject to levies, surcharges and other factors.
- All statements from Umrah Booking regarding size and other specifications shown of services to be provided are only indications. A minor deviation from this does not lead to a shortcoming in the fulfillment of the agreement on the part of Umrah Booking.
- Obvious typos and inadvertent errors in the offer are not binding towards Umrah Booking.
- An agreement is concluded when the Client has completed the ordering process on the Umrah Booking website, after Umrah Booking has confirmed written acceptance or after Umrah Booking, or a third party on its behalf, has started implementation.
- Umrah Booking is expressly not a party to an agreement concluded between the Client and third parties. Disputes arising from such an agreement must be resolved by the parties themselves. Umrah Booking plays no role in this.
- The offer was made in good consultation. By concluding the agreement, the parties consider all amounts and agreements to be reasonable and fair.
- A composite quotation does not oblige Umrah Booking to carry out part of the assignment for a corresponding part of the stated price. All elements of the quotation are inextricably linked and in the event that parts of the quotation expire, outside the control of Umrah Booking, the full price must still be paid.
5. The execution of the agreement by and obligations of Umrah Booking
- Umrah Booking represents the interests of the Client within the limits of the assignment given. Umrah Booking will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. Umrah Booking's deliveries are therefore carried out on the basis of a best-efforts obligation, unless and insofar as Umrah Booking has expressly promised a result in the written agreement and the relevant result has also been described with sufficient clarity. The liability for the Honorarium is therefore in no way dependent on the actual results or effects.
- Umrah Booking will fulfill its obligations as soon as possible. Terms towards Umrah Booking are not fatal, which means that the Client must always first give notice of default to Umrah Booking, whereby a sufficient and reasonable period must be set before taking any remedy.
- Umrah Booking is free to have the order and/or delivery carried out by third parties. Art. 7:404 of the Dutch Civil Code is expressly excluded from the agreement.
- Unless otherwise agreed, Umrah Booking is completely free in the way in which it organizes its activities. The Client agrees that Umrah Booking has artistic freedom with regard to carrying out the agreed work. The liability for the Fee is therefore in no way dependent on the outcome of the assignment or the result.
- Umrah Booking is at all times entitled to fulfill the agreement in partial deliveries/phases. Umrah Booking is entitled to postpone the start of the services belonging to a phase until the Client has approved the results of the preceding phase in writing and/or payment for a phase has been made by the Client.
- The Client accepts that the time schedule of the assignment may be influenced if the parties decide to change the approach, working method or scope of the assignment and the resulting work. If the Client makes interim changes to the execution of the assignment, Umrah Booking will make the necessary adjustments on behalf of the Client. If this leads to additional work, Umrah Booking will charge this to the Client as an additional assignment. Umrah Booking may charge the Client for additional costs for changing the assignment, unless the change or addition is the result of circumstances attributable to Umrah Booking.
- The Client's payment obligation remains at all times and/or payment is not refundable, for example in the event that the Client does not use the services in the event of illness or impediment. However, if it is possible for Umrah Booking to cancel the booked parts with its suppliers, without Umrah Booking remaining liable for the price or having to incur costs, Umrah Booking will refund 75% of the total travel sum. In that case, it is also possible to have 100% of the travel price refunded in the form of a credit at Umrah Booking. From one week before the departure date, the cancellation costs are always 100%. The cancellation by the Client must be communicated in writing (by email). Umrah Booking will respond within one working day with a cancellation confirmation and the (amount of) cancellation costs. Of course, it is also possible to first receive a statement of the cancellation costs.
6. The execution of the agreement by and obligations of the Client
- The Client gives Umrah Booking the opportunity to carry out the assignment. The Client undertakes to provide the necessary cooperation for the execution of the agreement by Umrah Booking. This includes, among other things:
a) Providing the basic information required by Umrah Booking, such as, but not limited to, name and address details and a copy of proof of identity;
b) Ensure that Umrah Booking has timely access to the information required for the assignment, including, but not limited to, information about any physical limitations and other details regarding the Client;
c) Ensure that work and/or deliveries to be carried out by third parties, which do not form part of Umrah Booking's order, are carried out in such a way and in such a timely manner that the execution of the order is not delayed. - If the obligations in paragraph 1 are not fulfilled (on time), the Client must inform Umrah Booking in a timely manner. Umrah Booking is entitled to charge the Client for any additional costs involved, such as travel or wage costs.
- If the obligations in paragraph 1 are not fulfilled (on time), Umrah Booking is not obliged to compensate the Client for damage resulting from delays in delivery.
- The Client ensures that all information that Umrah Booking indicates is necessary or of which the Client should reasonably understand that it is necessary for the execution of the agreement, is provided to Umrah Booking in a timely manner. The Client bears the risk and responsibility for correct and timely delivery of the required information and its content, regardless of how the Client delivers it. If the required information is not provided to Umrah Booking in a timely manner, Umrah Booking has the right to suspend the execution of the agreement and/or to charge the Client for the additional costs resulting from the delay at the usual rates.
- Prior to the execution, the Client must provide Umrah Booking with the agreed and required items and information. Umrah Booking will assess this to the best of its knowledge. However, Umrah Booking is not liable for damage caused by work being carried out without delay on the basis of incorrect items and information provided by the Client.
- The Client will strictly comply with all user instructions and instructions applicable to the services, including the instructions given in these general terms and conditions and information provided by Umrah Booking. The Client is liable for all damage resulting from non-compliance or incomplete compliance with the above-mentioned information and instructions.
- The Client is responsible for having the necessary and required (travel) documents and (travel) permits with him.
- The Client is responsible for taking out travel and/or cancellation insurance. Umrah Booking has pointed this out to the Client.
- The Client is responsible for timely obtaining information from the competent authorities regarding the required travel documents and health formalities and for checking whether the information provided is still up to date at the time of departure.
- Flight times are subject to change which are the responsibility of the airline. The Client is obliged and responsible for inquiring about the exact departure time in good time before the start of the outward and return journey.
- Airlines also impose restrictions on tickets as well as on the amount/weight of luggage, whether or not to compensate for loss of luggage, the imposition of fines, etc. The Client will indemnify Umrah Booking in this regard.
- The Client is responsible for traveling in the orange and/or red area(s) indicated by the competent Dutch authority.
- The Client declares that he is 18 years or older at the time of concluding the agreement with Umrah Booking.
- It is not permitted to provide login details to third parties. It is not permitted to use third-party login details to purchase other services. The Client is responsible for any use/action that is made via the Client's account, with or without the Client's permission. The Client is obliged to report all unauthorized use of the Client's account to Umrah Booking as soon as possible.
- The Client is prohibited from copying any content regarding the services of Umrah Booking using a robot, spider, scraper or other automated method or manual process, violating the restrictions in robot exclusion headers on the services of Umrah Booking or circumvent other measures taken to prevent or limit access to Umrah Booking's services, perform actions that result or could result in an unreasonable or large burden on Umrah Booking's infrastructure, deep link or disrupt Umrah Booking's services "frame," "mirror" or otherwise incorporate into any other website.
- The Client declares that he is 18 years or older at the time of concluding the agreement with Umrah Booking.
7. (Interim) Termination of the agreement
- Art 7:408 of the Dutch Civil Code is expressly excluded from the agreement; Early termination is not possible without remaining bound to the financial obligations.
- Umrah Booking has the right to terminate the agreement with the Client with immediate effect for the future by means of a written notice without (further) prior notice of default and without any right to compensation if:
a) The Client ceases its business operations in whole or in part or otherwise liquidates and/or significantly changes its business activities or transfers them to a third party without the prior written permission of Umrah Booking;
b) The Client is granted a (provisional or non-provisional) suspension of payments or the Client is declared bankrupt, the Client submits a request for the application of a debt restructuring scheme or the Client is placed under guardianship or administration;
c) At any time it appears that the Client has provided incorrect information or has misled Umrah Booking in any other way.
8. Liability
- The Client guarantees that digitally supplied material is safe and does not contain viruses or other harmful content that could in any way damage the computer systems and/or computer programs of Umrah Booking and/or third parties.
- The Client bears the risk of correct and timely delivery of information for the assignment, regardless of how the Client provides it.
- If Umrah Booking is liable to the Client, this liability is at all times limited to the amount covered by the professional or business liability insurance taken out by Umrah Booking or, if the insurance does not pay out or in the event that no insurance has been taken out , the amount of the Fee that Umrah Booking has received for its work under the agreement, increased by 15%.
- Umrah Booking's liability at all times does not extend to consequential damage and, except for intent or gross negligence, also not to property damage, immaterial damage or lost profit.
- Umrah Booking is not responsible for statements, actions or achievements of third parties. The content of an agreement between the Client and third parties may contain other and/or additional conditions than those initially stated by the Client and/or third parties.
- In all cases, the period within which Umrah Booking can be held liable for compensation for damage is limited to 12 months. If the Client suffers damage, this must be reported immediately to Umrah Booking. The Client is obliged to do everything reasonable to limit the aforementioned damage as much as possible.
- The existence of a defect does not suspend the Client's payment obligation.
9. Privacy, intellectual property rights, confidentiality and anti-solicitation clause
- All data may be used by Umrah Booking for promotional, training, advisory or statistical purposes after it has been anonymized. All data will be stored and possibly used anonymously after deletion, for whatever reason.
- All intellectual property rights to methodologies, model business processes and formats used and/or developed, whether or not in collaboration with the Client, by Umrah Booking in the context of the execution of work for the Client, as well as other types of works, know-how, etc., regardless the nature, form and content thereof rest with Umrah Booking.
- The Client is obliged to keep confidential information that it has received for the assignment secret, subject to any legal obligations. Information is considered confidential if this has been indicated by Umrah Booking or if this is evident from the (type of) information. The respective knowledge of Umrah Booking, in whatever form, is in any case among the data that must be kept secret by the Client.
- During and one (1) year after termination of the agreement, the Client is prohibited from approaching Umrah Booking staff and/or third parties who work or have worked for/at/on behalf of the Client.
- In the event of a violation of the provisions of this article, the Client forfeits to and on behalf of Umrah Booking an immediately payable fine of € 10,000 per violation and € 500 for each day or part thereof that the violation continues, without prejudice to Umrah Booking's right to claim full compensation instead of the fine.
10. Force majeure
- Force majeure means, in addition to what is understood in law and case law, all external causes, foreseen or unforeseen, over which Umrah Booking has no influence. In this context, force majeure is in any case understood to mean, but not limited to: fire at the location, bankruptcy or suspension of payment of Umrah Booking, illness, shortcomings in the performance of third parties on which Umrah Booking is dependent, extreme weather and traffic conditions, government restrictions regarding terrorism, epidemics, pandemics, etc.
- During periods of force majeure, Umrah Booking's obligations are suspended. If compliance is impossible for more than one month due to force majeure or other circumstances arise that make it disproportionately burdensome for Umrah Booking to fulfill its obligations, Umrah Booking is entitled to terminate the agreement in whole or in part by notifying the Client and without judicial intervention. terminate, without there being any obligation to pay compensation in that case.
- If Umrah Booking has already partially fulfilled its obligations when force majeure occurs, it is entitled to invoice the part already delivered or performed separately, or to partially credit down payments.
11. Changes to the general terms and conditions
- In the case of continuing performance agreements that end over time, Umrah Booking reserves the right to change or supplement these general terms and conditions. Changes also apply to agreements already concluded, subject to a period of 30 days after announcement of the change. Changes of minor importance can be made at any time. If the Client does not wish to accept a change to these general terms and conditions, he must make this known in writing before the date on which the new general terms and conditions come into effect.
12. Forum, Choice of Law and Assignment of Rights
- Umrah Booking is authorized to transfer its rights and obligations under this agreement to a third party. The Client is only authorized to transfer its rights and obligations to a third party with the written permission of Umrah Booking.
- This and other agreement(s) concluded between the parties are exclusively governed by Dutch law, with the express exception of the Vienna Sales Convention. If an obligation arises between the parties in the future, other than arising from an agreement, Dutch law will also apply to that obligation.
- In the event that a dispute arises from the agreement between the parties, the exclusive and absolute competent court is the court in the district in which the municipality in which the head office of Umrah Booking is located is located. In the event that a dispute arises between the parties regarding non-contractual obligations, the exclusive and absolute competent court is also the court in the district in which the municipality in which the head office of Umrah Booking is located is subject.
© These general terms and conditions have been drawn up by Bleijerveld Legal Advice
www.bleijerveldjuridischadvies.nl