These terms and conditions have been prepared by TradeYourTrip B.V., located at Eerste Emmastraat 18, 2012 GG Haarlem in Amsterdam, The Netherlands and registered in the Chamber of Commerce under number 63297582.
The following provisions apply to all services offered by TradeYourTrip. The Transferring Party or Accepting Party accepts these terms and conditions (together with the privacy statement and the disclaimer) as part of the "booking process" - after having had the opportunity to read / print / save the terms. There is no agreement between TradeYourTrip and the Transferring Party or Accepting Party, as they did not explicitly accept these terms and conditions (together with the privacy statement and the disclaimer), through the mandatory opt-in function during the process of offering a trip and purchasing a trip.
TradeYourTrip, on the one hand, and you as the Transferring or Accepting Party, on the other hand, are independent parties; Every one acts in their own name and on their own behalf.
TABLE OF CONTENTS GENERAL CONDITIONS
Article 1 Definitions
Article 3 The TradeYourTrip Agreement and the Transferring Party / Accepting Party
Article 4 Rules for using the website of TradeYourTrip
Article 5 Payment and delivery of travel documents
Article 6 Process of substitution
Article 7 Compensation
Article 8 Liability
Article 9 Change or cancellation by the Accepting Party
Article 10 Travel documents
Article 11 Traveling
Article 12 Personal Use
Article 13 Disputes
Article 14 Intellectual Property Rights
Article 15 Abuse
Article 16 Websites and Services of Third Parties
Article 17 Registration and Privacy
Article 18 Indemnification
Article 19 General
Article 20 Applicable law
TradeYourTrip: The Private Company TradeYourTrip B.V.
Travel: A trip booked by the Transferring Party consists of one or more of the following:
Package holiday (organized trip comprising an overnight or a period of more than 24 hours as well as at least two of the following services: 1 carriage, 2 stay; 3 another non-transit or tourist service that represents a significant part of the trip makes up);
Transferring Party: The person offering a trip booked on his / her name on TradeYourTrip's website offers to a third party to receive it for a consideration;
Accepting Party: The person who accepts a travel from the Transferring Party through the TradeYourTrip website.
Placement: The process whereby the Transferring Party leaves itself in the course of the Travel by the Accepting Party and the Rights and Obligations related to the Travel to the Accepting Party;
Compensation: The Remuneration Paid by the Accepting Party to the Transferring Party in return for the Travel Acquired;
between TradeYourTrip and Transferring Party;
between TradeYourTrip and Accepting Party;
on all services offered by TradeYourTrip.
TradeYourTrip reserves the right to modify and/or replace all or part of the Terms and Conditions at any time. These will only apply to new relationships and will not affect existing relationships.
The travel agreement itself usually includes the (transport/residence/insurance) terms of the (travel) service provider(s). These are usually found on the website(s) of the relevant service provider(s).
TradeYourTrip offers on its website a platform on which the Transferring Party may offer a Holiday and Accepting Party may buy a Holiday. Transferring Party can offer a Trip through the "Sell My Trip" menu. Accepting Party may take note of the various Trips that are offered and, as a result, enter into an agreement with a Transferring Party. TradeYourTrip has only a facilitating role.
Between TradeYourTrip and Transferring Party, an agreement will be concluded as soon as the Transferring Party offers a trip on TradeYourTrip's website, upon acceptance of the offer and terms of TradeYourTrip. Upon conclusion of the agreement, the Transferring Party will allow TradeYourTrip to represent him/her in the direction of the Travel Organization and Accepting Party in the context of the Placement and the Settlement-related Administrative Actions on behalf of the Transferring Party.
Between TradeYourTrip and Accepting Party, an agreement will be concluded as soon as the Accepting Party accepts the offer of a trip through the TradeYourTrip website. TradeYourTrip performs the administrative operations required for the Name-transfer.
TradeYourTrip engages to undertake proper administrative actions for a successful transfer. If the transfer is not successful due to the fact that the involved (travel) service provider does not cooperate (in time) with the transfer, this will not be at the expense of and account of TradeYourTrip but of the Transferring Party. As a result, the Holiday remains on behalf of the Transferring Party. If the placement is not successful due to the incorrect operation of TradeYourTrip, then it will come at risk and account of TradeYourTrip.
TradeYourTrip is explicitly not a party to:
the agreement entered into between the Transferring Party and the Accepting Party. Transferring Party and Accepting Party must resolve any mutual disputes themselves;
the underlying Travel Agreement/Agreement for delivery or execution of the Holiday.
Rules for using the website of TradeYourTrip
Offering and buying a trip on TradeYourTrip's website:
For the moment, TradeYourTrip's website can only offer package tours, lodging/ accommodation and cruises.
Transferring Party and Accepting Party are at least 18 years of age and competent.
The offered Travel must in any case be in the name of Transferring Party.
The Transferring party must be entitled to offer the Holiday for takeover.
Up to one trip, for one or more people, may be offered in each ad.
The title and the text of an advertisement should contain a description of the Holiday offered.
must be correct and complete. The uploaded text, price, attributes and pictures actually refer to the Holiday;
do not contain any bad language;
may not consist of false, misleading, inaccurate or defamatory information;
may not contain privacy sensitive information (such as address details, etc.);
may not contain commercial messages.
Titles and texts of Travel may only be written in Dutch, German or English.
The Transferring party must upload a PDF file of the booking confirmation and invoice (which will not be visible on the website, but only for TradeYourTrip) upon submission of a Holiday. The file must be the original digital version provided by the travel organizer or travel agent. Scanned e-tickets, pictures of e-tickets or custom files are not allowed.
As long as the Holiday is not accepted and settled by a Accepting party, the transferring Party may at any time withdraw his offer for takeover of the Holiday;
The Holiday can only be offered and taken over if it has not been cancelled;
The Trip can only be offered if it is fully paid. Legally, in the case of a Transferring Party and the Accepting Party, both are jointly and severally liable for outstanding travel agency expenses. In order to protect the Accepting Party from unexpected claims, we only allow fully paid Holiday’s at the Marketplace;
The Trip must be offered at TradeYourTrip's website at the appropriate time (in accordance with legal time) leaving sufficient time for the Transfer. According to Article 7:605 of the Dutch Civil Code, a period of seven days between the date of Request for Placement and the commencement of the Travel shall in any case be regarded as timely. The Transferring Party is free to offer a Travel less than seven days prior to commencement, but the Transferring Party and the Accepting Party must be aware that the Deposits may not be able to take place (in time);
As long as the Trip is offered on the TradeYourTrip website, it can be transferred to any Accepting Party at any time. Once the Accepting Party has accepted the offer for the Holiday, there is agreement and the acceptance can no longer be withdrawn.
As soon as there is agreement on the transfer of the Holiday for a given price, TradeYourTrip performs the administrative operations required for the Transfer. If the placement is not successful due to the fact that the involved (travel) service provider does not cooperate (in time) with the Transfer, this will not be at the expense of and account of TradeYourTrip but of the Transferring Party. If the placement is not successful due to the incorrect operation of TradeYourTrip, then it will come at risk and account of TradeYourTrip.
Transferring Party or Accepting Party does not make use of another user's username and password in the course of offering or buying a Holiday, and does not allow anyone to use their username and password; Transferring may not interfere with any offer from another Transferring Party.
If the Accepting Party accepts a Multi-Person Trip, TradeYourTrip assumes that the Accepting Party is sufficiently authorized to accept the Agreement on behalf of itself and on behalf of all members of the Group.
It is the responsibility of the Accepting Party to ensure that all of the information provided to TradeYourTrip (including payment details) by him/herself and of any other travellers is accurate and complete and that all relevant information for the execution of the service has been provided.
It is also the responsibility of the Accepting Party that any other travellers may take notice of all information, including information about the applicable terms, documentation and other communications with TradeYourTrip. All information provided by TradeYourTrip to the Accepting Party is considered to be provided to the other travellers for which the booking is made.
If the Personal Data provided by the Accepting Party is changed in the meantime (from the time of booking to the start of the Holiday), Accepting Party must inform this immediately to TradeYourTrip. TradeYourTrip reserves the right to charge for the changes to be processed.
Acts on the TradeYourTrip website that are not allowed:
Users of the TradeYourTrip website may:
Not perform any actions that undermine the feedback or rating system (such as displaying, importing or exporting feedback data outside of the sites or using them for purposes not related to TradeYourTrip).
Not transfer their TradeYourTrip account (including feedback) and username of TradeYourTrip to another party nor take security measures to protect their password without the permission of TradeYourTrip.
Not send or post spam, chain letters or pyramid games on TradeYourTrip.
Distribute no viruses or other technologies that may damage TradeYourTrip or to the interests or property of TradeYourTrip, Transferring or Accepting Party.
Not copy, modify, or distribute the content of the sites and copyrights and trademarks of TradeYourTrip.
Not obtain or collect information about Accepting Party (s), including e-mail addresses, without their consent insofar as this is not necessary for the creation or performance of the Agreement.
Not place an ad for the sole purpose of promoting a company directly or indirectly or to generate clicks on a particular website.
Both the Transferring Party and the Accepting Party should always take good care of offering and responding to offered Holidays. Transferring Party and Accepting Party are deemed to know the laws and regulations in respect of the relevant Holiday. In case of doubt, they will need to obtain further information or advice from the travel agency, travel agent or party involved in the service.
Repeal / Reflection
As long as the Holiday has not been accepted and settled by the Accepting Party, the Transferring Party may at any time withdraw its offer for takeover of the Holiday. After Acceptance of the Holiday by Accepting Party, Successful Payment of the Holiday by Accepting Party and Successful Settlement, TradeYourTrip has fully delivered its service and the Transferring Party waives its withdrawal right.
For Accepting Party, no consideration time is given.
The mediation and transfer of the trip will only be carried out once the amount due has been paid online, by the Accepting Party. To this end, the Accepting Party is directed to a payment page.
Payment on TradeYourTrip can be done free of charge through Adyen payment service. Further information on this can be found on the TradeYourTrip website. You can also contact TradeYourTrip's customer service.
Delivery of travel documents
The travel documents will be sent by TradeYourTrip by e-mail to the e-mail address provided by the Accepting Party no later than seven days after receipt of the payment (and before the departure date), provided TradeYourTrip has received the correct travel documents in a timely manner from the travel service provider. If a (timely) delivery of the travel documents is not possible by mistake and/or mistake made by the Accepting Party (such as but not limited to passing on an incorrect or incomplete e-mail address) or by a circumstance on the part of the travel service provider, TradeYourTrip is not responsible for this.
The Accepting Party receives an e-mail with confirmation upon acceptance by the Accepting Party, after which the transferred Holiday will be automatically removed from the website. The Transferring Party is obliged to destroy all duplicates of (travel) documents of the transferred Travel as far as in its possession.
Before the Transferring Party offers the trip on TradeYourTrip's website, TradeYourTrip must be allowed by him/her to represent him/her in the sale of the Holiday and on behalf of him/her be able to perform the administrative operations for the transfer of the Holiday. As soon as agreement between Transferring Party and Accepting Party exists on the transfer of the Holiday at a particular price, TradeYourTrip carries out the administrative operations necessary for the Transfer. If the transfer is not successful due to the fact that the involved (travel) service provider does not cooperate (in time) with the Transfer, this will not be at the expense of and on account of TradeYourTrip, but of the Transferring Party. If the placement is not successful due to the apparent consequence of non-compliance with TradeYourTrip's commitment to performing the appropriate administrative procedures for this purpose, then it will come at risk and account of TradeYourTrip.
The Transferring Party itself determines the amount of Compensation he/she requests in return for the Trip which he/she offers on TradeYourTrip's website, provided that this fee may not exceed 80% of the original price (including service charge ) of the trip. The Transferring Party is owed an amount of TradeYourTrip equal to 15% of the agreed Compensation for each Travel that is transferred via TradeYourTrip. Also, the Transferring Party pays the administrative costs that are charged by the (travel) organization and are paid in advance by TradeYourTrip. This amount depends on the conditions of the relevant (travel) organization. The settlement of the 15% of Renumeration and administrative expenses will be settled by TradeYourTrip. Consequently, the Transferring Party receives the Remuneration paid by the Accepting Party less 15% and less the administrative costs.
The amount paid by the Accepting Party is placed on Adyen's third party account. If the Transfer is completed, the amount will be reduced by 15% and the administrative costs referred to in this article, paid to the Transferring Party within seven business days after the commencement of the Holiday.
If, in an exceptional case, the transfer does not continue because the (travel) service provider charges or opposes excessive administrative fees, the Accepting Party will be refunded the fully paid amount and the Transferring Party will not receive compensation. In that case, TradeYourTrip will not charge you.
TradeYourTrip is expressly not a party to the legal relationship between Transferring and Accepting Party. Disputes between Transferring and Accepting Party should be discussed immediately. This also includes acts, expressions and/or omissions of the Transferring or Accepting Party.
TradeYourTrip is explicitly not a party to the legal relationship between the travel organizer/(travel) service provider and the Transferring or Accepting Party. Disputes and/or complaints about the Travel Expedition should be discussed directly with the travel organizer/(travel) service provider.
Photos, leaflets, websites, and texts that were not made public by TradeYourTrip but by (travel) service providers
Acts, expressions and / or omissions of the relevant (travel) service provider (s)
Incorrectness of information provided by this service provider (s)
The content of the travel agreement, the quality of the trip and possible shortcomings in the performance of the Travel Agreement, for example, if the Holiday can’t be executed due to force majeure. Force majeure includes, but not limited to, a failure to comply with any obligation arising from unforeseen circumstances, which despite all reasonable precautions, can’t be prevented. More specifically, under force majeure means delays caused by technical defects in the means of transport, weather conditions, traffic jams, strikes, molesting, rioting, terrorism, blockages, missing connections, bank transfer, financial inability of the relevant service provider (s) , changes in the journey made by the service provider or cancellation by the service provider.
Although TradeYourTrip, as mentioned above, expressly is not a party to shortcomings in the execution of the (travel) agreement with the relevant (travel) service provider, it is prepared to connect & mediate between the Transferring or Accepting Party in such a situation with the relevant (travel) service provider.
After the Accepting Party has bought a Holiday through TradeYourTrip, the Cancellation and Amendment Terms apply as set out in the Transferring Party's Travel Agreement. If the Accepting Party wishes to change or cancel the Trip, information can be obtained from TradeYourTrip Customer Service.
The Accepting Party is responsible for the correct disclosure of (personal) data necessary to establish and implement a proper Transfer. If the personal data are changed in the meantime, the Accepting Party TradeYourTrip will immediately inform you. TradeYourTrip reserves the right to charge for the cost of changing personal data. TradeYourTrip points out to the Accepting Party that the first and last name as mentioned in the passport should be passed as passenger data in the transfer process. For married women only the girl’s name as stated in the passport must be passed on and not the spouse's surname.
In the event that the Accepting Party travels with an airplane in which his/her name is not correctly stated, this may result in the refusal of carriage by the airline. If after confirming the transfer it appears that there is a wrong name or the name is incorrectly spelled, the Accepting Party may contact TradeYourTrip's customer service. You will always be charged for changing data in an already purchased trip, both by the organization providing the travel service and by TradeYourTrip. The Accepting Party is responsible for having the right and valid travel documents (passport, visa, vaccination certificate) when traveling. For more information on this, TradeYourTrip refers the Accepting Party to the website of the Ministry of Foreign Affairs and the Visaservice website, where the required and up-to-date information is available per destination. Many countries require that the passport will be valid another six months after the intended residence period. Requesting a visa may take some time. TradeYourTrip recommends that the Accepting Party applies for a visa as soon as possible after the Accepting Party has accepted the offer. If the Accepting Party travels to or travels through the United States and wishes to use the VISA Waiver Program (VWP), he or she must seek permission to use the Electronic System for Travel Authorization (ESTA). The Accepting Party must preferably do this 72 hours before departure. It is not permitted to travel to or through the United States without ESTA. TradeYourTrip accepts no liability if the traveler does not have valid travel documents and visas, unless this is due directly to TradeYourTrip's business or communication.
It is the responsibility of the Accepting Party to check in on time with the air carrier and / or accommodation concerned. A number of airlines offer the possibility to check in online via their website. TradeYourTrip advises the Accepting Party to consult the airline's website with which the Accepting Party travels to see if this is possible for the flight (s) concerned. With some airlines, online check-in is even mandatory. For current information, the Accepting Party must contact the airline.
The airline is free to refuse pregnant women depending on the number of weeks in which pregnancy occurs. It is the responsibility of the Accepting Party itself to consult the terms of the airline concerned.
As of 26 June 2012, every child (including babies!) In the Netherlands needs a personal passport or identity card for traveling abroad. This applies both to trips to countries within and outside of Europe. For more information on this, TradeYourTrip refers the Accepting Party to the website of the Ministry of Foreign Affairs.
Flight times, flight numbers and flight routes
The flight times, flight numbers and flight routes notified to the Accepting Party upon acquisition of the Travel are subject to change and may therefore change. It is therefore very important to check the current itinerary 24 hours before departure. For this purpose, TradeYourTrip refers to the Accepting Party to the website of the relevant service provider.
The size and weight of luggage and hand luggage are different for each tour operator and / or airline company. For the exact luggage conditions, the Accepting Party may contact the Travel Organization Customer Service. There may be additional charges for luggage.
TradeYourTrip is for personal use only and it is not allowed for merchants or commercial parties to act as a Transferring Party or Accepting Party on the platform. Scripts, (partly) automated programs, or other means of prioritizing purchases are not allowed and may lead to a (permanent) blockade of the Accepting Party.
See Article 16 of the Home Store Terms and Conditions.
TradeYourTrip has at all times the right to disclose information (i) to defend itself in court cases, (ii) to comply with a court order, (iii) to comply with all laws, regulations or requests from the government, (iv) ) to protect national security, defense, public security and public health and (v) maintain the agreement with the Transferring or Accepting Party.
The website, the content of the website except third-party material and the TradeYourTrip brands are protected by intellectual property rights. This material may not be used without prior permission from TradeYourTrip, subject to statutory exceptions.
Every user of the TradeYourTrip website agrees:
Do not provide information, data or content through TradeYourTrip that violates any law or regulation;
Do not misrepresent a relationship with a person or entity; to enter no non-public/secure areas of service;
No viruses, worms, junk mail, spam, chain letters, unsolicited offers for any purpose;
Do not investigate, scan or test the vulnerability of the service or other related system or network, or violate any security or authentication.
If the user of the website fails to comply with this User Agreement, TradeYourTrip may deny immediate access to the Platform and its services (permanently).
TradeYourTrip is entitled at all times to remove Travel, Travel Descriptions or Reactions if they violate the Terms of Service.
The TradeYourTrip website contains references to third party websites (for example, through a hyperlink or banner). TradeYourTrip has no control or influence on the content of these websites. These websites apply the (privacy) rules of that particular website. If a user of TradeYourTrip's website asks about these rules of third party websites, TradeYourTrip will forward these to the relevant websites. This also applies to the use of external service providers, such as third party payment services. The use of these services will then fall under the (privacy) rules of the relevant service provider.
TradeYourTrip does not sell or rent personal information to third parties for their marketing purposes without the express consent of the person concerned.
TradeYourTrip considers the protection of the transferring and acquiring party's privacy to be very important. By logging in to the personal account, each user can call and change his/her data.
TradeYourTrip may exclude the relevant party from TradeYourTrip services or limit certain features for this party, for example by suspending the party's account, deleting reviews, or limiting the ability to offer Travel or Post Comments;
TradeYourTrip can delete one or more Trips from the relevant party.
TradeYourTrip may process the personal data of the persons involved in the above-mentioned measures. If this is the case, TradeYourTrip may pass the personal data of the persons concerned, for example to the police, within the limits of the law.
The agreement between TradeYourTrip and Transferring or Accepting Party applies exclusively to Dutch law.