General Terms and Conditions for Zeeland Pass Holders

Definitions

In these general terms and conditions, the terms given below have the following definitions:

  1. VVV Zeeland: the Stichting VVV Zeeland  (Zeeland Tourist Information Foundation), including regionally operating foundations with which VVV Zeeland has entered into a collaboration agreement concerning the issuance of Zeeland Passes.
  2. The Pass Holder: the natural person who purchased or obtained a Zeeland Pass.
  3. The Pass Issuer: the natural person or legal entity that issues Zeeland Passes to Pass Holders.
  4. The Agreement: the agreement between VVV Zeeland and the Pass Holder concerning the acquisition and use of a Zeeland Pass.
  5. The Zeeland Pass: the pass which the Pass Holder purchased or obtained – whether or not for a consideration – in order to enjoy access to offers and discounts on products and/or services from Acceptors.
  6. The Pass Year: the term of validity of the Zeeland Pass (from 1 March 2017 until 28 February 2018).
  7. Acceptors: suppliers of tourism products and/or services in the province of Zeeland.
  8. Personal Details: the details provided by a Pass Holder to the Pass Issuer upon entering into the Agreement which can be traced back to the individual Pass Holder, including name, address, telephone number and email address.

1. Applicability

  1. These General Terms and Conditions apply to all agreements concluded between VVV Zeeland (and/or the Pass Issuer and/or third parties designated by VVV Zeeland) on the one hand and the Pass Holder on the other hand, and to any use of the Zeeland Pass.
  2. Stipulations varying from these General Terms and Conditions must be agreed in writing and shall apply only to the agreement concerned.
  3. If one or more of the provisions of these General Terms and Conditions should prove void or are declared void by a competent court, the other provisions will remain fully in effect. VVV Zeeland and the Pass Holder will then consult with each other to agree new provisions to replace the void or voided ones. In doing so, the purpose and meaning of the void or voided provision(s) will be taken into account as far as possible.
  4. These General Terms and Conditions also apply to agreements for the performance of which VVV Zeeland needs to involve the Pass Issuer and/or the Acceptors and/or other third parties.
  5. If the Pass Holder purchases an entry ticket for a tourist product marketed by an Acceptor, the (general) terms and conditions of the Acceptor shall apply in addition to these General Terms and Conditions.

2. Applications and Cancellations

  1. The Agreement only comes into effect when the applicant has fulfilled all the conditions set by VVV Zeeland and VVV Zeeland has accepted a request for the sale or issuance of a Zeeland Pass. VVV Zeeland has at all times the right to refuse to enter into a Zeeland Pass agreement and to do so without giving reasons.
  2. The Pass Holder is obliged to check the Zeeland Pass for any visible defects immediately on receipt.
  3. In the event of misuse, VVV Zeeland, Pass Issuers and Acceptors shall have the right to  block an issued Zeeland Pass or render it useless, in which case the Pass Holder will not be entitled to a refund of the purchase price or of the costs of entry tickets booked using the Zeeland Pass.

3. The Zeeland Pass

  1. Legitimate Zeeland Pass Holders are entitled to the applicable discounts on products and/or tourist services of Acceptors on presentation of a valid Zeeland Pass or, if they have used the Zeeland Pass to book an entry ticket for a particular tourist product of an Acceptor, to gain access to that tourist product.
  2. The Zeeland Pass is strictly personal and may only be used by the Pass Holder to whom the Zeeland Pass has been sold or issued.
  3. Unless the relevant Acceptor explicitly stipulates otherwise, the Zeeland Pass cannot be used in conjunction with other offers and/or campaigns.
  4. Prior to any use of the Zeeland Pass, the Pass Holder must always make sure that the Acceptor accepts the Zeeland Pass and will provide the discount(s) and/or benefits associated with the use of the Zeeland Pass.
  5. Before purchasing an entry ticket from an Acceptor, the Pass Holder must inform the Acceptor that he or she wishes to use the Zeeland Pass to obtain the entry ticket.

4. Validity of the Zeeland Pass

a. The Zeeland Pass issued to the Pass Holder will be valid for the term stated on the Zeeland Pass or specified by the Pass Issuer to the Pass Holder at the time the Zeeland Pass was sold or issued.

b. The agreement between VVV Zeeland and the Pass Holder concerning the use of the Zeeland Pass will not be tacitly renewed at the end of the term of validity.

5. Acceptors’ Marketing Campaigns and Offers

    1. The information provided by VVV Zeeland and/or Pass Issuers regarding discounts provided by Acceptors on tourist products and/or services has been prepared with great care and will not be binding on VVV Zeeland or the Acceptor.
    2. VVV Zeeland and/or the Pass Issuers and/or Acceptors reserve the right to withdraw, modify and/or deny access to offers and/or discounts.
    3. VVV Zeeland makes no representations or warranties about the quality, safety, usability or any other aspect of the tourist products and/or services offered by Acceptors, nor regarding errors or omissions on Acceptors’ websites or in their emails or leaflets.

6. Personal Details

a. Use of the Zeeland Pass is subject to VVV Zeeland’s privacy statement. This privacy statement is available on VVV Zeeland’s website.

b. The Pass Holder is aware that his/her personal details and the other data he/she provided to the Pass Issuer when he/she purchased or was issued the Zeeland Pass have been entered into VVV Zeeland’s records and into the records of parties engaged by VVV Zeeland supporting the use of Zeeland Passes.

c. If the Pass Holder does not wish his or her Personal Details to be used, the Pass Holder may notify VVV Zeeland thereof in writing or by email. In compliance with legal requirements, VVV Zeeland will respond to the Pass Holder’s requests in a timely manner.

d. Pursuant to a government request or court order, VVV Zeeland may be legally required or obliged to provide personal information to third parties. VVV Zeeland does not require permission from the Pass Holder to do so. VVV Zeeland is also not liable for any damage or loss resulting from this disclosure of the Pass Holder’s Personal Data.

7. Force Majeure

  1. If, due to force majeure, VVV Zeeland fails to comply with its obligations under the Agreement, or fails to do so on time or properly, those obligations shall be suspended until VVV Zeeland will be able to comply with them in the agreed manner. 
  2. In these General Terms and Conditions, the term ‘force majeure’ must be taken to mean, in addition to its meaning pursuant to statutory and case law, all external causes, foreseen or unforeseen, which are beyond VVV Zeeland’s control, and as a result of which VVV Zeeland is unable to perform its obligations. Force majeure includes strikes, illness, fire, theft, burglary, war, computer failures and other calamities, which may occur at VVV Zeeland’s offices or at the offices of third parties engaged by VVV Zeeland for the performance of the agreement and/or elsewhere, and any shortcomings of third parties as a result of which VVV Zeeland cannot fulfil its obligations under the Agreement. 

8. Liability

  1. If VVV Zeeland should be liable, it will bear no liability other than that provided for in this provision.
  2. VVV  Zeeland is not liable for the consequences of misdelivery, loss or theft of a Zeeland Pass.
  3. VVV Zeeland, Pass Issuers and/or Acceptors are not liable for discrepancies in data presented in publications and lists, nor for printing errors and/or incorrect information provided on the website or in emails, leaflets, etc.
  4. VVV Zeeland is not liable for the quality of the products and/or services offered by Acceptors. If a Pass Holder has a complaint about a product or service supplied by an Acceptor, the Pass Holder should contact the Acceptor.
  5. VVV Zeeland is not liable for any direct or indirect damage or loss to a Pass Holder or third party, including consequential loss, trading loss, loss due to delay, loss of profit or personal injury, inappropriate processing costs, or any other indirect loss suffered by anyone due to whatever cause, unless it is the result of intentional or gross negligence on the part of VVV Zeeland.
  6. VVV Zeeland’s liability vis-à-vis Pass Holders shall at all times be limited to the amount of money paid by the Pass Holder for the purchase of the Zeeland Pass.
  7. If VVV Zeeland uses assistants or third parties in the performance of the Agreement, VVV Zeeland will take due care. VVV Zeeland is not liable for damage or loss resulting from a shortcoming or unlawful act attributable to such a third party. VVV Zeeland is entitled to accept, on behalf of the Pass Holder, the general terms and conditions of assistants or third parties, even if these terms and conditions contain an exclusion or limitation of liability. The Pass Holder indemnifies VVV Zeeland against all claims by third parties that VVV Zeeland engages for the execution of the agreement.

9. Indemnification

The Pass Holder indemnifies VVV Zeeland against all claims by third parties for whatever reason with regard to compensation for damage or loss, costs and suchlike resulting from or relating to the use of Zeeland Passes.

10. Expiry periods

a. Without prejudice to the provisions of Article 9 above, all rights of action and other rights which a Pass Holder may, for whatever reason, have against VVV Zeeland and third parties engaged by VVV Zeeland in the performance of the agreement will in any case become extinguished after the end of the relevant year in which the Zeeland Pass was valid. 

b. Any liability of VVV Zeeland shall in any event expire 12 months after expiry of the Agreement.

11. Applicable Law and Disputes

a. Dutch law applies to all agreements concluded by and between VVV Zeeland and the Pass Holder.

b. Unless mandatory law dictates otherwise, all disputes which may arise between VVV Zeeland and any Pass Holder will exclusively be submitted to the District Court of Zeeland/West Brabant.

12. Amendments to the General Terms and Conditions

  1. VVV Zeeland reserves the right to make amendments and/or additions to these General Terms and Conditions. The amendments and/or additions will then take effect from the date fixed by VVV Zeeland, but not before VVV Zeeland has given the Pass Holder a reasonable opportunity to take note of the amendments and/or additions.
  2. The Dutch text of the General Terms and Conditions shall be decisive for the purposes of interpreting the provisions contained therein.