Algemene voorwaarden

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Algemene voorwaarden

Op dit moment hebben wij onze voorwaarden alleen nog beschikbaar in het Engels, omdat we er vanuit gaan dat de meeste bezoekers goed Engels spreken en begrijpen. Begrijp je onderstaande voorwaarden niet? Registreer je dan NIET en doe nog even geen bestelling. Vraag eerst een vertaling aan door ons te mailen op info [apenstaart] flygrn [punt] com. Dan sturen we jou een vertaling op van de algemene voorwaarden zodat je begrijpt waarmee je akkoord gaat. Daarna kun je je dan registreren of een eventuele bestelling doen.

These are the terms and conditions of Jebede h.o.d.n. FlyGRN (hereafter Jebede/FlyGRN). Jebede/FlyGRN is located at Kleine Gartmanplantsoen 10 1017RR Kleine Gartmanplantsoen 10, 1017RR, Amsterdam, the Netherlands, registered with the Chamber of Commerce ( Kamer van Koophandel) under number: 32164729.

If you have any questions, you can contact us via info@flygrn.com.

Jebede/FlyGRN reserves the right to change these terms and conditions. You agree that the most recent version of these terms and conditions apply. Parties may deviate from these Terms and Conditions in writing.

Article 1 - General

These terms and conditions apply to every offer, proposal, account registration, and assignment between Jebede/FlyGRN and you ( Client). This terms and conditions also apply when Jebede/FlyGRN’s website is just visited by you ( Visitor). On request, Jebede/FlyGRN shall send these terms and conditions to you, free of charge. They are also available on https://flygrn.com.

Article 2 - Establishment of the Assignment

The assignment shall be deemed established when Client consents to the service.

Article 3 - Proposals and Offers

1.All offers and proposals from Jebede/FlyGRN are non-binding, unless agreed otherwise in writing. An offer or proposal only applies to the assignment specified therein (and not to possible future assignments).

2.If the Client provides Jebede/FlyGRN with certain information, Jebede/FlyGRN may assume that the provided information is correct and will base the proposal on that information.

Article 4 - Pricing

1.Jebede/FlyGRN can raise the price in the interim in the case of unforeseen and cost price increasing circumstances, if these circumstances occur after the establishment of the assignment.

2.An offered price does not include expenses for Jebede/FlyGRN .

Article 5 - Payment and Collection Charges

1.Client must pay upfront before receiving the Service or Product.

2.In specific cases where the Client does not have to pay upfront, Client must pay within fourteen days after the invoice date. In the case that Client ordered a recurring Service or Product, Jebede/FlyGRN will send an invoice monthly.

3.If the payment by Client is due, he will automatically be in default ( verzuim), without a notice of default ( ingebrekestelling) being required. In case of default, Client owes Jebede/FlyGRN the statutory commercial interest. The interest on the payable amount is calculated from the moment that the payment is due, until the moment that the payable amount has been paid by Client in full.

4.Any outstanding amounts by the Client are immediately payable in the following cases:

a.Client fails to pay within the payment term;

b.Client is bankrupt or applied for a suspension of payment or any other insolvency procedure;

c.Client (company) is dissolved or liquidated;

d.Client (private individual) is placed under guardianship or deceased.

5.If Client does not pay in time, he shall immediately be in default. He will then be due to the Supplier all extrajudicial costs. In case of an invoice amount to € 267, these costs will be € 40. In case of a higher invoice amount, the maximum collection fees are as follows:

a.15% on the first € 2,500;

b.10% on the part that remains thereafter, up to € 5,000;

c.5% on the part that remains thereafter, up to € 10,000;

d.1% on the part that remains thereafter, to € 200,000;

e.0.5% on the remaining part.

Article 6 - Duration

Client and Jebede/FlyGRN enter into this Terms for an indefinite period of time, unless Parties agree otherwise.

Article 7 - Execution Time

1.If Client owes Jebede/FlyGRN a prepayment or if Jebede/FlyGRN needs Client to provide certain information or materials, the term within which Jebede/FlyGRN shall execute the activities (the execution time), shall not begin to run until the prepayment, information or material is received by Jebede/FlyGRN.

2.If parties, before execution, have agreed on a term for the fulfillment of the services, the final date shall never be regarded as a deadline. When the term is due, Client shall send a notice of default to Jebede/FlyGRN.

3.Client cannot terminate the agreement if Jebede/FlyGRN exceeds a term. This does not apply when execution of the activities is permanently impossible or if Jebede/FlyGRN does not execute the activities within a new term for execution. Such new term should be given in writing.

Article 8 - Third Parties

Jebede/FlyGRN may involve third parties to (partially) perform the activities. The following articles of the Dutch Civil Act ( Burgerlijk Wetboek) do not apply:

•7:404 (execution by a certain person);

•7:407 sub 2 (joint and several liability);

•7:409 (death of a certain person).

Article 9 - Execution of the Assignment

1.Jebede/FlyGRN shall execute the assignment at the best of its knowledge and abilities and according to the requirements of professional practice.

2.Jebede/FlyGRN may execute the assignments in different phases and send separate invoices on the different phases.

3.If Jebede/FlyGRN performs the assignment in different phases, Jebede/FlyGRN may suspend any activities on the next phase until Client approved the execution of the last phase in writing.

4.Client shall timely provide Jebede/FlyGRN with all information or material, required for the execution of the assignment.

5.If Client does not provide the material or information in time, Jebede/FlyGRN may suspend the execution of the assignment and charge the additional costs, resulting from the delay. Jebede/FlyGRN is not liable for any damages, resulting from incorrect or incomplete information, provided by Client.

6.Jebede/FlyGRN offers the flight information of partners, hereafter called Advertisers. Jebede/FlyGRN is not responsible for the booking process on the website on the Advertisers and is therefore not responsible for any mistakes, errors or other malfunctioning of external websites Jebede/FlyGRN is linking to.

7.Since Jebede/FlyGRN receives its data from external sources and Advertisers, Jebede/FlyGRN is not able to guarantee or responsible for correctness of the flight information, like departure time, arrival time, stopover, price information.

8.Although, we often check our Advertiser’s websites, Jebede/FlyGRN is not able to guarantee a correct booking process. Jebede/FlyGRN is not responsible for anything that relates to flight booking, ticketing, or the flight itself.

9.If a flight ticket is booked via an Advertiser of Jebede/FlyGRN and a cookie was placed on the Advertiser’s website that the Visitor came via Jebede/FlyGRN, Jebede/FlyGRN may receive a financial compensation for bringing on a Client to the Advertiser. It may be that Advertiser decides not to grant this financial compensation after several months. If that occurs, Jebede/FlyGRN cannot (partially) offset the Client’s or Visitors Flight Ticket.

10.When receiving such financial compensation, Jebede/FlyGRN may decide to use a part of this compensation for Carbon Offsetting Projects. Jebede/FlyGRN can always decline the usage of this financial compensation for Carbon Offsetting Projects.

11.If Jebede/FlyGRN decides to use the received financial compensation for Carbon Offsetting Projects, the exact amount of offsetting is subject to exchange rates, changes in the price of a tonne of CO2.

12. When manually calculating or buying carbon offsetting credits, we can not guarantee the correctness of the precise emission calculations. Although, we extensively described our reasons for the carbon emission factors we used, new research may suggest changes in carbon emission factors. We would always try to accurately update these factors according to recent research, but we cannot be held responsible for wrong calculations.

Article 10 - Changes of the Assignment

1.If it proves to be necessary to change the assignment during the activities in order to guarantee a decent execution of the assignment, parties shall negotiate the required changes and agree on them in writing.

2.If parties agree on altering the assignment, Jebede/FlyGRN may raise or lower the price. If possible, Jebede/FlyGRN shall provide a quotation to Client in advance. The execution time may change with a change of the assignment. Client agrees on the possibility to change the assignment, the pricing and the execution time.

3.Jebede/FlyGRN may refuse a request, made by Client, to change the assignment if such changes could affect the quality or quantity of the activities.

Article 11 - Suspension, Dissolution

1.Jebede/FlyGRN may temporarily suspend the execution of the activities if he cannot comply because of force majeure.

2.If the execution of the assignment is permanently impossible parties may cancel the assignment for the part that has not been fulfilled.

3.Jebede/FlyGRN may suspend or cancel the assignment if Client fails to meet its obligations, partially, completely or in time. In such cases, Client shall compensate Jebede/FlyGRN for damages.

Article 12 - Termination in the Interim

1.If Jebede/FlyGRN cancels the assignment in the interim, Jebede/FlyGRN shall ensure a handover of the work yet to be performed to a third party, unless the termination is imputable to Client. If the handover of the activities leads to additional costs for Jebede/FlyGRN, these costs shall be borne by Client.

2.Jebede/FlyGRN may immediately cancel the assignment (and is not liable for any damages doing so) in one of the following events:

a.Client fails to pay within the payment term;

b.Client is declared bankrupt or applied for suspension of payments, or applied or becomes subject to any other insolvency procedure;

c.Client (the company) is dissolved or liquidated;

d.The occurrence of circumstances in which Client can no longer freely dispose of his capital.

Article 13 - Force Majeure

1.Jebede/FlyGRN is not obliged to comply in the event of force majeure.

2.Jebede/FlyGRN may suspend the obligations, coming from the assignment, for as long as the force majeure continues.

3.If Jebede/FlyGRN complied with a part of its obligations, and that part has an independent value, Jebede/FlyGRN may charge that part to Client.

Article 14 - Retention of title

1.Everything supplied by Jebede/FlyGRN shall remain the property of Jebede/FlyGRN until Client has fully fulfilled all its obligations.

2.Client must do everything he can reasonably do to secure the properties of Jebede/FlyGRN.

3.If Jebede/FlyGRN wishes to exercise its property rights, Client gives unconditional and irrevocable consent to Jebede/FlyGRN to enter all places where the properties are located, so that Jebede/FlyGRN can take them back.

Article 15 - Examination

1.Client shall examine the result of the assignment when the assignment is finished. Client shall examine if the quantity and the quality of the result is in accordance with the agreement.

2.Client shall notify Jebede/FlyGRN in writing within fourteen days after completion of the assignment, of any visible defects or shortcomings. Client shall notify Jebede/FlyGRN in writing within thirty days on shortcomings or defects that are invisible at first sight. The notification must contain a detailed description of the shortcoming.

Article 16 - Complaints

1.Client shall notify Jebede/FlyGRN in writing of any complaints within one month days after detection (or –on invisible shortcomings– after he could have detected it).

2.A timely notified complaint does not suspend or cancel any payment obligation resting on Client.

3.If Client does not notify Jebede/FlyGRN timely, Client is not entitled to any recovery, replacement or compensation.

4.If it is established that the complaint is justified and the notification by Client thereof was timely delivered, Jebede/FlyGRN shall recover, replace or compensate it’s work within a reasonable term after notification of the shortcoming, in writing from the Client.

5.If it is established that a complaint is not justified, Client shall compensate Jebede/FlyGRN for made expenses (like research costs).

Article 17 - Liability

1.Jebede/FlyGRN is only liable for direct damages suffered by Client as a direct consequence of a shortcoming by Jebede/FlyGRN.

2.Jebede/FlyGRN is not liable for any damages resulting from Jebede/FlyGRN relying on incorrect or incomplete information provided by Client.

3.The liability of Jebede/FlyGRN shall never exceed the amount paid by its insurer.

4.If Jebede/FlyGRN’s professional liability insurer does not cover the damages, Jebede/FlyGRN’s liability is limited to the amount paid by Client. Under no circumstances can this liability exceed the amount of €50,00.

5.The limitations set out in this article do not apply if the damages are the result of a deliberate act or gross negligence.

Article 18 - Limitation Period

The limitation period on all claims and defences against Jebede/FlyGRN is one year.

Article 19 - Indemnification

1.Client indemnifies Jebede/FlyGRN from any claims by third parties, who suffer damages, resulting from the execution of the assignment but cannot be attributed to Jebede/FlyGRN.

2.If third parties address Jebede/FlyGRN to be liable for damages resulting from the execution of the assignment, Client shall support Jebede/FlyGRN both judicial and extrajudicial and Client shall do what may be expected from him.

3.If Client does not provide the support described in paragraph 2, Jebede/FlyGRN may take the actions it deems required. All expenses and damages made by Jebede/FlyGRN in this respect shall be borne by Client.

Article 20 - Non-Disclosure

1.Client shall not disclose the contents of agreements, confirmations, offers, reports, advices or other expressions from Jebede/FlyGRN, whether they are in writing or not.

Article 21 - Nullity

If any part of these conditions is void or voidable, this does not alter the validity of the remainder of these conditions. The invalid or unenforceable part shall be replaced by a provision that most closely follows the content of the invalid provision.

Article 22 - Conflicting Provisions

If any of the provisions from these terms and conditions are in conflict with a provision from an agreement, the agreement prevails.

Article 23 - Applicable Law

Dutch law.

Article 24 - Competent Court

The Court of Amsterdam.