Clause 1 – Definitions
In these general terms and conditions, the following terms have the following meaning:
- Consumer: a natural or legal person acting for his own or objectives that relate to his trade, business, craft or profession;
- Day: calendar day;
- Digital content: data that is produced and delivered in digital form;
- Durable data carrier: any tool – which includes e-mail – that allows the consumer or the entrepreneur to store information directed to him/her personally in a manner that facilitates future consultation or use during a period that is attuned to the objective for which the information is intended and which permits unaltered reproduction of the stored information;
- Cancellation right: the option of the consumer to cancel the contract in accordance with the cancellation conditions.
- Entrepreneur: the natural or legal person offering services to consumers from a distance;
- Distance contract: a contract entered into between the entrepreneur and the consumer in the context of an organised system for sale at a distance of services, whereby up to and including the entering into of the agreement exclusive use is made of, or partly made of, one or more technologies of distance communication;
- Distance communication technology: a tool that can be used for entering into an agreement without the consumer and the entrepreneur having to meet at the same time in the same space.
Clause 2 – Identity of the entrepreneur
- Airport Facility Services BV
- PO box 75061, 1117 ZP SCHIPHOL
- +31 (0)20 – 206 015 018
- Chamber of Commerce number: 34087474
Clause 3 – Applicability
- These general terms and condition apply to each offer made by the entrepreneur and each distant contract entered into between the entrepreneur and the consumer.
- The text of these general terms and conditions is made available to the consumer before the distant contract is entered into. If this is reasonably not possible, the entrepreneur shall before the distant contract is entered into indicate in which way the general terms and conditions can be inspected at the entrepreneur and that they will be sent to the consumer free of charge as soon as possible on request.
- If the distant contract is entered into electronically, the text of these general terms and conditions may, in departure from the previous paragraph and before the distant contract is entered into, be made available to the consumer electronically in such a way that they can be stored by the consumer in a straightforward manner on a durable data carrier. If this is reasonably not possible it will be indicated, before the distant contract is entered into, where the general terms and conditions can be electronically inspected and that they will be sent electronically, or in a different manner, to the consumer free of charge as soon as possible on request.
- In the event that, in addition to these general terms and conditions, specific service conditions apply, the second and third paragraph apply mutatis mutandis and the consumer can, in the event of contradictory conditions, always rely on the applicable provision which is most favourable for him/her.
Clause 4 – The offer
- If an offer has a limited term of validity or is made subject to conditions, this is expressly stated in the offer.
- The offer contains a full and accurate description of the offered services. The description is sufficiently detailed to allow for a proper assessment of the offer by the consumer. If the entrepreneur uses images, they are a truthful reflection of the offered services. Obvious errors or obvious mistakes in the offer do not bind the entrepreneur.
- All offers contain such information that it is clear to the consumer what rights and duties are attached to accepting the offer. This concerns in particular:
- the price, including taxes;
- the manner in which the contract shall be formed and which actions are required for this;
- the manner of payment and the performance of the contract;
- the term for acceptance of the offer, or the term within which the entrepreneur guarantees the price;
- the level of the rate for communication at a distance if the costs of the use of the technology for communication at a distance is calculated on a different basis than the regular basic rate for the used communication tool;
- the manner in which the consumer, before entering into the agreement, can check, and if necessary correct, the information provided by him in the context of the agreement.
Clause 5 – The contract
- Subject to the provisions in clause 4, the contract is formed the moment the consumer accepts the offer and complies with the set terms and conditions in that respect.
- If the consumer has accepted the offer by electronic means, the entrepreneur immediately confirms receipt of the acceptance of the offer by electronic means. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer may terminate the contract.
- If the contract is formed electronically, the entrepreneur takes appropriate technical and organisational security measures for the electronic data transfer and provides for a safe web environment. If the consumer can pay electronically, the entrepreneur shall take suitable security measures to this end.
- The entrepreneur may, within the limits of the law, gather information on the consumer’s ability to fulfil his payment obligations, as well as on all facts and factors relevant to responsibly entering into the distance contract. If acting on the results of this investigation, the entrepreneur has sound reasons for not entering into the contract, he is entitled to refuse an order or request stating reasons, or make the performance subject to special conditions.
- The entrepreneur shall at the latest on delivery of the service provide the consumer with the following information in writing or in a way the consumer can store in an accessible manner on a durable data carrier:
- the visiting address of the entrepreneur’s business establishment where the consumer can lodge complaints;
- the information on guarantees and any after-sales service;
- the price, including all taxes, of the service; insofar as applicable, the costs of delivery; and the manner of payment, delivery or performance of the distance contract;
In the event of a continuing performance contract, the provision in the previous paragraph only applies to the first delivery.
Clause 6 – Right of cancellation & changes of the order
- The consumer can cancel or change a contract from minimum 72 hours before the commencement of the contract without stating reasons.
- Up to 72 hours, a contract can be cancelled or changed but we will charge the following costs:
We use the following charge percentages in the event of cancellation or changes:
- Within 72 hours before reserved service 25% of the total amount
- Within 48 hours before reserved service 50% of the total amount
- Within 24 hours before reserved service 100% of the total amount
Clause 7 – The price
- If the booking is made within 24 hours before delivery of the service, we apply a surcharge of 20% on the applicable rate due to increased planning and implementation costs.
- The listed prices are subject to price changes as a result of changes in VAT rates for example.
- Price increases within 3 months after the formation of the contract are only permitted if they are the result of statutory regulations or provisions.
- Price increases after 3 months from the formation of the contract are only permitted if the entrepreneur has stipulated this and;
- they are the result of statutory regulations or provisions; or
- the consumer is entitled to terminate the contract from the day the price increase comes into force.
- The prices referred to in the offer of the services are inclusive of VAT.
Clause 8 – Performance of the contract and extra guarantee
- The entrepreneur guarantees that the services correspond with the contract, the specifications stated in the offer, the reasonable requirements of soundness and/or usefulness and the statutory provisions and/or government regulations in existence on the date the contract was formed.
- An extra guarantee granted by the entrepreneur or its subcontractor never limits the statutory rights and claims the consumer can exercise against the entrepreneur pursuant to the contract if the entrepreneur has failed in the performance of its part of the contract.
- An extra guarantee means every obligation of the entrepreneur or its subcontractor in which they grant the consumer certain rights or claims that go beyond to what they are obliged to under law in the event they failed in the performance of their part of the contract.
Clause 9 – Delivery and performance
- The entrepreneur shall observe the greatest possible care when taking receipt, and in the assessment, of requests to render services.
- The place of delivery is the address the consumer has made known to the entrepreneur.
- After termination in accordance with the previous paragraph, the entrepreneur shall immediately refund the consumer the amount paid.
Clause 10 – Payment
- Payment must be made immediately after booking via Mollie or ABNAMRO.
- The consumer is obliged to immediately notify the entrepreneur of any inaccuracies in provided or stated payment details.
- If the consumer does not comply with his payment obligation(s) on time he shall, after having been notified by the entrepreneur of the late payment and the entrepreneur has granted the consumer a term of 14 days to as yet comply with his payment obligations, after the failure to make this payment within this 14 day term, owe on the still outstanding amount the statutory interest and the entrepreneur is entitled to charge any incurred extra-judicial collection costs. These collection costs are maximum: 15% on the outstanding amount up to € 2,500, 10% on the following € 2,500 and 5% over the next € 5,000 with a minimum of € 40. The entrepreneur can deviate from said amount and percentage in favour of the consumer.
Clause 11 – Complaints
- Complaints submitted to the entrepreneur must be answered within a term of 14 days calculated from the date of receipt. If a complaint requires a foreseeable longer processing time, the consumer is answered within the term of 14 days with the notification of receipt and an indication of when the consumer may expect a more comprehensive answer.
- The complaint must be resolved within mutual consultation within 3 months from the lodging of the complaint.
Clause 12 – Disputes
- The agreements between the entrepreneur and the consumer to which these general terms and conditions relate are exclusively governed by Dutch law.
Clause 13 – Additional or deviating provisions
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that these can be stored on a permanent data carrier in an accessible manner for the consumer.