General Terms and Conditions of Champagne-Booking, established in Rotterdam, the Netherlands
In these General Terms and Conditions, the following terms are used as defined below, unless explicitly stated otherwise.
General Terms and Conditions: The General Terms and Conditions as stated below.
Champagne-Booking: Champagne-Booking, a limited liability company incorporated under Dutch law and established at in Rotterdam, the Netherlands.
User: The user visiting the website and the user visiting the website with the purpose to book a product or service at the Supplier.
Supplier: The provider of activities, accommodations, attractions, all varieties of tours by different means of transport, tour operators and other travel or related product or service bookable on the Platform.
Service: The online booking and facilitated payment service of different products and services made available by the Suppliers on the Platform.
Platform: The (mobile) website named: www.champagne-booking.com, and the software application on which the Service is offered, owned, controlled, managed, maintained and/or hosted by Champagne-Booking.
Voucher: A coupon that meets the security features, which by handing without any payment of discount the service, will be provided to the User
Article 1 Scope General Terms and Conditions
These Terms and Conditions apply to all services that are directly or indirect (by our partners) available online, by mobile device, by email or by telephone and are for personal and non-commercial use only.
If one or more provisions of these General Terms and Conditions are void or voidable, the other provisions of these General Terms and Conditions remain in effect. Departures from these General Terms and Conditions are only valid if they are explicitly agreed with Champagne-Booking in writing. These General Terms and Conditions can be adjusted from time to time and are owned, operated and provided by Champagne-Booking.
By making a booking through the Platform, the User acknowledges to have read, understood and agreed with the following Terms and Conditions.
Article 2 Intermediary
Champagne-Booking is an online platform through which supply and demand of products and activities concerning Champagne and related services are brought together. Champagne-Booking and its partners provide an online platform through which Suppliers can advertise their products and services for booking, and through which the visitors of the Platform can make such bookings.
When the User makes a booking through the Platform, a direct (legally binding) relationship will be established between the User and the Supplier at which the User makes a booking for a product or service.
Champagne-Booking only acts as an intermediary between the User and the Supplier and Champagne-Booking will only send the details of the booking and a confirmation email to the Supplier and (on behalf of the Supplier) to the User.
The Supplier is always liable for any damage that the User has suffered as a result of the agreement between the Supplier and User. Champagne-Booking disclaims all liabilities.
The Supplier’s General Terms and Conditions apply to the agreement between the Supplier and the User. These General Terms and Conditions are the responsibility of the Supplier.
Article 3 Access to the online platform
The User has an immediate and free access to the online platform and the products presented by the Suppliers on the Platform. The User can book free online the products or services presented by the Suppliers on the Platform.
Article 4 Content and information on the platform
Champagne-Booking is not responsible for the content that the Suppliers have shared and placed on the Platform. The Supplier is responsible for the accuracy, completeness and legality of the shared and placed content. Content includes at least: the availability information, facilities, pictures, prices, products and/or services.
The Supplier guarantees that the provided information and content of the ads are accurate, complete and not illegal.
The use of any information or materials on the Platform is entirely at the risk of the User, for which Champagne-Booking will not be held liable. It shall be the own responsibility of the User to ensure that any product, service or information, made available through this Platform, meets the specific requirements of the User.
Champagne-Booking will only present information on the Platform, which is provided by the Suppliers. The Suppliers will directly (or in the future) have their own login, for presentation of their products or services on the Platform and through which they will have full responsibility for the update of all prices, availabilities and other information displayed on the Platform. Champagne-Booking will always monitor the presentation of the Suppliers’ products or services on the Platform, but cannot verify or guarantee that all information is up to date, complete or correct. Champagne-Booking is not responsible for errors (i.e. typographical errors), interruptions (i.e. breakdown, upgrade or maintenance of the Platform), inaccurate, misleading/false information or non-delivery of information. The Platform of Champagne-Booking should not be seen as a recommendation of the quality, the service level, qualification or rating of a Supplier or its facilities. The User acknowledges that such information and materials may contain inaccuracies or errors and Champagne-Booking expressly excludes liability for any such inaccuracies or errors in the fullest extent permitted by law.
The Platform contains material, which is owned and licensed to Champagne-Booking. This material includes, but is not limited to, the design, layout, look, appearance and graphics.
Article 5 Ads/text/photos/images
Champagne-Booking has the right to remove an ad/photo/image from its website if:
Article 6 Free Service
The Service of Champagne-Booking is free and the User will not be charged for the Service. Champagne-Booking does not charge additional (booking) fees to the prices mentioned on the Platform.
Suppliers pay a fee (a small percentage of the product price (e.g. activity price) to Champagne-Booking after the User has shown up and made use of the service or product of the Supplier or after the User has stayed at the accommodation.
Article 7 Prices
The prices on the Platform are displayed per person or per product (i.e. accommodations) and all prices are displayed including VAT/sales tax and all other taxes, unless stated otherwise on the Platform or the confirmation email.
The Supplier may charge applicable fees and taxes (including tourist/city tax). The Supplier can also charge other fees (i.e. no-show or cancellation of the booking) at its sole discretion.
Article 8 Guarantee
The User and the Supplier are responsible for the booked product or service. Guarantee concerning the booked product or service will be provided by the Supplier and not by Champagne-Booking.
Article 9 (Pre-) Payment by credit card or alternative methods
Every Supplier may have a different policy concerning their products or services presented on the Platform. The specific Supplier, can request the User to make a (pre-) payment or pay the booking in full or part.
In the case that the User needs to make a (pre-) payment or payment, this will be effected through an online payment; iDeal, credit card or bank transfer or directly to the Supplier if Champagne-Booking agrees upon this. The User will be held responsible in case of late payment, wrong bank, debit or credit card details, invalid credit/debit cards or insufficient funds. The User cannot claim any refund, unless agreed otherwise with the Supplier.
Instead of a (pre-) payment, the Supplier can request the credit card details of the User as a guarantee. This credit card should be valid when booking the product or service. The User should provide the following information:
The Supplier has the right to ask the User for identification, this in order to confirm the name stated on the credit card. The User is advised to read the booking details of the relevant product or any service before the User makes a booking.
Champagne-Booking only cooperates with official registered payment processors to process the payment from the credit/debit card or bank account of the User onto the bank account of the Supplier. A payment facilitated by Champagne-Booking, for and on behalf of the User and transferred to the Supplier, will consist of the (pre-) payment of a booking price that the User has to pay for the relevant product or service concerning the final settlement or (partial) due amount and payable price. The User cannot reclaim these amounts.
The User will not hold Champagne-Booking liable nor responsible for any (authorized, (allegedly) unauthorized or wrong) charge by the Supplier and will not (re) claim any amount for any valid or authorized charge by the Supplier (including for pre-paid prices, no-show and chargeable cancellation) of the credit card. In the case of a credit card fraud or unauthorized use of the credit card by third parties, the User has to contact the Users’ bank or credit card company for a claim.
Stated below, the applicable indemnification concerning credit card bookings made by using the secure server of Champagne-Booking and the unauthorised use of the credit card resulting from default or negligence, and not through the fault of the User, while using the secured server.
In the case that a credit card company or bank charges the deductible from the User, because of unauthorized transactions resulting from a booking made on the Platform, Champagne-Booking will compensate the Users’ deductible, up to a total amount of € 50,=. The compensation will only apply if the User has reported the fraud to the credit card company and has contacted Champagne-Booking immediately by email (firstname.lastname@example.org). The User has to provide as much information as possible to Champagne-Booking.
Article 10 Amending, cancellation or no-show
The User is entitled to cancel a booking on the Platform.
In the event of a cancellation, depending on the policy of the Supplier, the full or part of the price can be charged or the User will not be entitled to any repayment of any (pre) paid amount. Besides these costs, the applicable taxes may still be changed in the case of a cancellation.
The User can contact Champagne-Booking to provide additional information required by the Supplier about the booking (i.e. age requirement, security deposit, non-cancellation/additional supplements for group bookings, extra beds, breakfast, pets policy, payment methods).
In the case that the User wants to review, adjust or cancel the booking, the User has to send an email to email@example.com. In this case, the User may not be entitled to get a refund of the full or (pre-) paid amount. The User can read the cancellation, (pre-) payment and no-show policy of the product or service of the relevant Supplier. If the User has a delayed arrival, the User has to notify the Supplier as soon as possible. This is very important in order to avoid that the Supplier cancels the booking or room or the Supplier charges a no-show fee. The User is also free to contact the customer service of Champagne-Booking to inform the Supplier on the Users’ behalf. However, the User and Supplier can communicate in order to find a solution.
Champagne-Booking is neither liable nor responsible for the consequences of a late or delayed arrival, cancellation or a charged no-show fee by the Supplier.
Article 11 Rating and reviews
The reviews of Suppliers published on the platform, are created through an automatic ranking system, which may include the popularity, customer service history, cancellations, number of bookings, rates and other criteria.
The User will receive a review form by email, wherein the User is invited to fill out this review form. The User can upload the review and rating on the relevant Suppliers page on the Platform. The review form is used to inform (future) customers about the service and quality of the Supplier.
Champagne-Booking can also use or place the review for marketing, promotion or improvement of its service level on the Platform or social media, newsletters, special promotions, apps or other channels that are owned, hosted or controlled by Champagne-Booking and its business partners.
Champagne-Booking has the right to refuse and/or remove a review if the content of the review is:
Article 12 Voucher
A Voucher can only be handed out by Champagne-Booking.
The User must carefully preserve the Voucher, there will be no compensation in case of theft or loss or whatsoever.
A Voucher is only applicable for the amount or the number of persons, stated on the Voucher.
A Voucher is valid during the period of validity; this period of validity is stated on the Voucher.
Vouchers cannot be returned nor exchanged for money.
Article 13 Liability
Champagne-Booking can only be held liable for direct damage that has arisen through wilful recklessness or an intentional act or exclusion of Champagne-Booking. Champagne-Booking cannot be held liable for indirect damage, including in consequential damage, loss of profit, lost savings and loss due to business interruption, or immaterial damage to the User.
Champagne-Booking is not liable for any possible damage, in case the way of handling of Champagne-Booking was based upon inaccurate and/or incomplete information provided by the User, unless this inaccuracy or incompleteness ought to have been known to Champagne-Booking.
If Champagne-Booking is held liable for any damage, the liability shall be limited to the amount equal to the amount mentioned on the invoice or to the amount that Champagne-Booking’s insurance will compensate (with deduction of the policy excess borne by Champagne-Booking under the terms of the insurance).
The User must report the damage for which Champagne-Booking is held liable to Champagne-Booking as soon as possible, but in any case, within 10 days that the damage has arisen. The right on compensation will lapse after this period. Any liability claim against Champagne-Booking lapses within one year after the User has become aware of the damage.
Article 14 Indemnity
The User indemnifies Champagne-Booking against any claims by third parties who suffer damage in connection with the implementation of the agreement, because of the User’s fault
In the case that Champagne-Booking is sued for this reason, then the User is obliged to provide Champagne-Booking with both judicial and extrajudicial support. The User will pay all costs and damage on the part of Champagne-Booking and third parties.
Article 15 Limitation period
In departure from the legal limitation period, a limitation period of one year applies to all claims against Champagne-Booking and any third parties brought in by Champagne-Booking.
Article 16 Intellectual property
Champagne-Booking reserves the rights and powers accruing to it under the provisions of the Copyright Act and other intellectual property legislation and regulations.
Unless stated otherwise, the software required for the services or available at or used by the Platform and the intellectual property rights (including the copyrights) of the contents and information of and material on the platform are owned by Champagne-Booking, its suppliers or providers.
The intellectual property rights of the content, including details, information, reviews, expression of the platform and data published on the platform entered by the Supplier and/or User shall be vested in Champagne-Booking. Champagne-Booking retains the all rights, title and interest on the content published on the Platform. The service on the Platform is for personal and non-commercial use only. The User is not permitted to copy, link, publish, use, transfer, promote, download, modify or adapt any content, information or logo of Champagne-Booking published on the Platform for commercial use or commercial activities.
Article 17 Privacy and Cookies
Champagne-Booking will carefully and confidentially, store the details and information that the User provides to Champagne-Booking. Champagne-Booking may only use the personal details of the User within the framework of the implementation of its obligation to supply, or of dealing with a complaint.
When visiting the website Champagne-Booking can collect the information on the use of the website of the User through cookies. The information that Champagne-Booking collects through cookies can be used for functional an analytical purposes.
Champagne-Booking is not permitted to lend out, hire out or sell the personal details of the User, or to publicise them in any other manner.
If Champagne-Booking is obliged to provide confidential information to third parties by virtue of a legal provision or court decision, and Champagne-Booking cannot claim a legal right of immunity, or such a right recognised or permitted by the competent court in this respect, then Champagne-Booking is not liable to pay compensation or grant indemnification.
Article 18 (more) Correspondence and Communication
Champagne-Booking is not liable or responsible for communication with the Supplier on or through its Platform. The User cannot extract any rights from a request to, or communication with the Supplier or confirmation of receipt of any communication or request. Champagne-Booking cannot guarantee or is not responsible if a request or communication with the Supplier will be (properly and in time) received, read by, complied with, executed or accepted by the Supplier.
The User must fill out the booking form by providing a correct and valid email address, this to ensure that the booking will be processed in a proper and secure way. Champagne-Booking is not liable or responsible for the verification of a wrong or misspelled email address or wrong or misspelled (mobile) phone number, or credit card number, unless this error ought to have been known to Champagne-Booking.
Article 19 Newsletter
The User is free to sign up for the newsletter. The newsletter is free of charge and will keep the User informed of the latest news and the most recent developments.
The User will receive the newsletter periodically by e-mail. The User can opt out in writing or through a hyperlink in the newsletter at any time; the User will then no longer receive the newsletter.
Article 20 Complaints procedure
In the case that the User has a complaint about the product or service booked by the User, the User must first, and within 2 weeks after taken knowledge of the complaint, file a complaint with the Supplier. The Supplier is expected to treat all complaints confidentially and to solve the complaint in approximately 14 days.
A claim or complaint against Champagne-Booking or the Service must be filed in as soon as possible, and within 30 days after the date of consummation of the product or service (e.g. check out date). A claim or complaint submitted after this period may be rejected and the claimant shall loose its right to compensation.
Article 21 Translation
This version may have been translated into other languages. The English version of the General Terms and Conditions is the authentic version. This version of the General Terms and Conditions will take precedence in the event of the explanation or interpretation of the General Terms and Conditions.
In the event of a difference in meaning or interpretation between the versions, then the English version of the General Terms and Conditions will prevail.
The English version is available on the Platform (on the English language page) or shall be sent to the User upon a written request.
Article 22 Amendment of the general terms and conditions
Champagne-Booking is entitled to amend the General Terms and Conditions without notice.
Article 23 Applicable law, disputes
The Dutch law is exclusively applicable to all legal relationships to which Champagne-Booking is a party. This also applies if an obligation is fully or partly fulfilled outside of the Netherlands or if the Supplier has its place of business outside the Netherlands.
The applicability of the Vienna Sales Convention (CISG) is excluded.
Disputes between Champagne-Booking and the Supplier will only be submitted to the competent court Amsterdam in the Netherlands, unless the law mandatorily prescribes otherwise.