VFF – Terms and Conditions
Date: 13/03/2024
- Company identity and contact
Company name: NDQ Services
Trade name: Visit Flanders Fields
Company form: Limited liability company (LLC)
Address: Bouvelostraat 27, 8570 Anzegem (Belgium)
Company number: 0762.510.763
VAT number: BE 0762510763
Register of Legal Entities Ghent department Kortrijk
E-mail: [email protected]
Phone number: +32 (0) 479 19 01 98
- Applicability of the terms and conditions
II.1 These terms and conditions apply, to the exclusion of the specific general terms and conditions of the client (hereinafter “the Client”), to all services, offers, invoices and all agreements, regardless of their nature, relating to the activities of tours, events and rides with cars concluded with the Belgian limited liability company NDQ Services, trading under the commercial name “Rouler Retro”, registered in the Belgian Register of Legal Entities Ghent Department Kortrijk with company number 0762. 510.763 and with registered office at Bouvelostraat 27, 8570 Anzegem (Belgium), hereinafter “VFF” or “the Service Provider”.
II.2 By using the services, you agree to these terms and conditions. If you do not agree to these terms and conditions, you should not use the services.
II.3 If a separate written agreement is concluded between VFF and the Client, the provisions of the separate agreement shall prevail over the general terms and conditions to the extent agreed to by Rouler Retro. These general conditions shall then serve as supplementary law, to the extent applicable.
II.4 VFF reserves the right to amend, modify or extend these general terms and conditions at any time. All amendments will be published on VFF’s website (www.visitflandersfields.com) along with the date of update.
II.5. Any nullity or invalidity of any of these terms and conditions shall not entail the nullity of the other terms or of the agreement. The parties undertake to replace the void clause(s) with a legally valid clause that will correspond to the original intention of the parties and the spirit of the agreement and these terms and conditions, or as closely as possible.
III. The services offered
III.1 VFF offers, annually in the March till January period, a unique experience through the provision of tours with guide and driver in a car, in and around the city of Ypres (hereinafter “the tour” or “the tours”). All information regarding the tours, events and other services can be found on VFF’s website (www.visitflandersfields.com).
III.2 VFF offers one (1) option:
- Great War Remembrance Tour: start at 9.00am and ending foreseen around 7PM at the starting point. No meals or lunch is included, but designated spots are available to consume lunch or to buy a snack.
III.3. The displayed start and end times are purely indicative and will always be officially confirmed by VFF prior to the tour.
III.4. The vehicles are exclusively driven by a driver appointed by VFF. Clients and other participants may never drive the vehicle.
III.5. Participants undertake to respect at all times VFF’s safety rules and regulations (Safety Rules & Regulations visitflandersfields.com).
III.6. No eating or drinking is allowed in the vehicle.
III.7. No smoking is allowed in the vehicle.
III.8. All tours may be reserved for parties of up to eight (8) persons.
III.9. The duration can be different than the one indicated depending on traffic, road closures, unforeseen events etc..
IV. Booking and payment
IV.1. All tours are always booked through VFF’s website unless otherwise agreed upon and confirmed in writing by VFF.
IV.2. All prices are displayed on the website and are always shown in Euros. Prices displayed include VAT and taxes. The Client will always be informed of any additional costs.
IV.3 All tours must be paid in full immediately upon booking via the payment platform on VFF’s website, unless otherwise agreed and confirmed in writing by VFF. After payment, the Client will receive a confirmation email of the booking.
IV.4 If an offer is made, prices are always quoted in euro. Offers are always valid for thirty (30) days from the day after the day the offer is sent.
IV.5 If an invoice is drawn up, the invoice must be paid within thirty (30) calendar days from the date shown on the invoice.
IV.6. In the event of non-payment of an invoice on the due date, all outstanding invoices shall become immediately due and payable in full.
IV.7. If an invoice has not been paid within the term of thirty (30) days counting from the day after the day the invoice was sent, the following shall apply:
- The outstanding amount shall automatically and without notice be increased by interest. This interest shall be the interest at the reference interest rate increased by eight percentage points and rounded up to the higher half percentage point.
- An additional amount of at least 40 euros shall be charged by law and without prior notice as compensation for recovery costs. If the amount of 40 euros does not cover the collection costs, Rouler Retro may increase this amount.
IV.8. If the Client disagrees with an invoice, it must always be protested within a period of eight (8) calendar days from the day after the day the invoice was sent. This period is an expiry period. The Client may protest an invoice by sending a certified and registered letter to NDQ Services BV, Bouvelostraat 27, 8570 Anzegem (Belgium).
IV.9. VFF reserves at all times the right to request advance deposits. If an advance deposit is requested at the time of booking, the booking is only final after payment of the requested advance and written confirmation from VFF.
V. Rescheduling, cancellation, early termination or modification of the tour and the right to compensation or reimbursement
V.1. Participants are responsible for arriving on time at the agreed meeting point. The Clients and participants accept that any delays may result in a shortening of the tour and that, in such case, Rouler Retro will not owe any compensation or refund.
V.2. If the Client wishes to cancel or reschedule a booked tour, they must notify VFF at least forty-eight hours (48h) prior to the scheduled tour. The Client can do this by sending an e-mail to [email protected] or by telephone contact at +32 (0) 479 19 01 98.
V.3 Refunds are only possible for cancellations made at least 5 days by e-mail to [email protected] or by telephone contact at +32 (0) 479 19 01 98. Refunds are only possible if VFF has already incurred costs for the organization of the tour or any other service (for example, reservations for breakfast or lunch for the party) these may be charged. These will be deducted from the amount of the refund. Cancellations within five days (5) will not be refunded.
V.4. VFF reserves the right to cancel or stop the tour early when he deems it necessary in function of the safety of himself and/or the participants and/or the vehicle. This can be done for example (but not limited to) due to visible (alcohol) intoxication of (a) participant(s) or non-respect of VFF’s safety rules and regulations (Safety Rules & Regulations (visitflandersfields.com))by the Client or a participant. If the tour is canceled or terminated early by VFF for reasons caused by or related to the client and/or participant(s), no refunds or compensations will be made and the total amount may be charged to the Client.
V.5. VFF reserves the right to cancel the tour, stop it early or change the program of the tour due to unforeseen circumstances such as mechanical defects to the vehicle (for example, but not limited to, starting problems or a flat tire), road closures, (unforeseen) closure of catering establishments or parks and sites to be visited, road works etc. In this case, VFF will make a (partial) refund to the Client.
V.6. VFF reserves the right to cancel or early terminate the tour in the event of adverse weather conditions that, in Rouler Retro’s opinion, make it impossible to safely perform the service or cause damage to the vehicle (for example, but not limited to, snow, violent high winds or extreme rainfall). In this case, VFF will issue a (partial) refund to the Client.
VI. Accessibility, allergies and intolerances.
VI.1 Participants declare that they are in good health and have the physical condition required for the selected tour. They are aware that the tour will include walking. Although VFF tries to make the tours accessible to all, unfortunately VFF cannot guarantee that the tour or the vehicle used will always be accessible to wheelchair users or people with limited mobility. In addition, VFF cannot guarantee that the castles, parks and venues of VFF’s partners visited during the tour are accessible to wheelchair users or people with limited mobility. These situations of limited access or inaccessibility shall never result in a price change, refund or compensation, unless otherwise agreed by the parties and confirmed in writing by VFF.
VI.2 The Client agrees to always inform VFF, at the time of booking the tour, of any medical conditions, limited mobility or special requirements he/she or a participant might have that may be relevant to the tour. VFF will then review the options and possibilities with the Client.
VI.3. VFF may, at the Client’s request or when it deems it necessary and to the extent possibilities allow, adapt the tour in function of persons with (mobility) limitations as described above. The Client accepts that these adjustments may affect the duration and/or program of the tour. These adjustments shall never result in a price change, refund or compensation unless otherwise agreed by the parties and confirmed in writing by VFF.
VI.4. The Client agrees to always inform Rouler Retro of any allergies or intolerances he/she or any other participant may have at the time of booking the tour.
VII. Liability
VII.1. VFF and/or its appointee(s) shall not be liable for the occurrence of any direct or indirect damages, of any nature, which may occur during or after the tour, except in the event of wilful misconduct or gross negligence on the part of VFF and/or its appointee(s).
VII.2 The Clients and participants bear full risk for their belongings. VFF and/or its appointee(s) shall not be liable for any damage, theft or loss of property of the Client and/or participant and/or any other third party, that would occur during or after the tour, even if caused by VFF and/or its appointee(s), unless there is wilful misconduct or gross negligence on the part of VFF and/or its appointee(s).
VII.3. VFF and/or its appointee(s) shall not be liable for any direct or indirect damages that may occur during or after the tour that are the result of allergies and/or intolerances. It is the responsibility of the Client and/or participant to inform VFF, and if applicable, its appointee(s) of this prior to the start of the tour.
VII.4. In the event of force majeure, VFF may suspend the fulfillment of the assignment or provision of services, in whole or in part, for the duration of the force majeure. VFF is not liable for any direct or indirect damages in the event of force majeure. VFF is not obliged to refund the Client in the event of force majeure. Force majeure is the situation where an unforeseeable and unavoidable event occurs, beyond the debtor’s control, and which constitutes an insurmountable impediment to the performance of the obligation or commitment, for example (but not limited to) extreme weather conditions, war or pandemics.
VII.5. If, at the occurrence of the force majeure situation, VFF has already partially fulfilled its obligations, or can only partially fulfill its obligations, VFF is entitled to separately invoice the services already provided, and the Client is obliged to pay this invoice.
VII.6. The total liability of VFF and/or its appointee(s) can never exceed the amount of the compensation due to Rouler Retro for their services.
VII.7. If the Client, participant or any other third party, through a contractual or extra-contractual breach on his/her part, compromises VFF’s liability, he/she must take all necessary measures to indemnify VFFagainst any damage it may incur as a result.
VII.8. The Client is liable at all times during the tour for damage caused to the vehicle by his/her own negligence or own actions, or those of a member of his/her party. If the Client, participant or any other third party, through contractual default or extra-contractual fault, causes direct and/or indirect damage to VFF or the vehicles, he/she shall compensate VFF for such damage.
VIII. Intellectual property rights
VIII.1 All materials, text, images and documents appearing on VFF’s website and/or provided to clients and participants during VFF’s tours, including but not limited to guides, calendars, handouts, white papers and brochures, shall at all times remain the exclusive property of VFF to the extent that it holds the business rights relating to these materials. The Clients and participants have the right to use these materials for personal purposes, but they may not copy, modify, distribute, or grant rights to them to third parties in any way.
IX. Images and photographs during guided tours and other events and services
IX.1. By participating in the tours organized by VFF, Clients and participants give their consent for the use and publication of photographs and other visual material in which they are depicted on social media, the website and other publication channels of VFF. These photos may be used for promotional purposes, by way of atmospheric images and to report on the event or service provided. People wishing to have a specific video, photo or all videos or photos in which they are depicted removed may send an email to [email protected]. Upon receipt of such a request, VFF will make all reasonable efforts to remove the visual material in question, taking into account the capabilities and limitations of social media.
X. Processing of personal data
X.1. VFF collects and processes the personal data it receives from you for the purpose of authorizing and processing reservations, preparing quotes, providing the services and fulfillment of the assignment, organizing the tours, executing the agreement, customer management, accounting and direct marketing activities in accordance with the General Data Protection Regulation and the relevant Belgian legislation. The legal grounds are the execution of the agreement, the fulfillment of legal and regulatory obligations and/or legitimate interest. Want to know more about the processing of personal data? Read our privacy policy (Privacy Policy | VFF (visitflandersfields.com)) and cookie policy (Cookie Policy | VFF (visitflandersfields.com) here.
XI. Disputes
XI.1 In case of disputes arising from or related to these terms and conditions, our services or services, the parties will seek an amicable solution.
XI.2 In the event of any dispute concerning the validity, performance or interpretation of the agreement or the provision of the services, which cannot be resolved amicably, Belgian law shall apply and the Belgian courts shall have exclusive jurisdiction.