of ABC-Specials BV and Prestige Coach Service
o.o.u.n: vipbus.nl - vipbus-huren.be – limousine.nl – limousine-huren.be - partybus.nl – partybus-huren.be – limobus.nl – limobus.be – Karwin bv
(as filed with the Dutch Chamber of Commerce under number 20139589)
1.1 Transport Agreement: the agreement for the transportation by coach of one or more persons and, where applicable, their luggage, which is not considered a Travel Agreement as defined under Article 1.4 hereafter, and with the exception of public transport services, to which the CLA Private Bus Transport does not apply.
1.2 Carrier: the party who undertakes, pursuant to the Transport Agreement as defined under Article 1.1, to provide transportation.
1.3 Client: the counterparty of the Carrier under a Transport Agreement.
1.4 Travel Agreement: the agreement by which a Tour Operator undertakes towards its counterparty to provide a pre-arranged coach journey offered by it, which includes at least one overnight stay or a period exceeding 24 hours, as well as at least two of the following services:
a. transport;
b. accommodation;
c. another tourist service not related to transport or accommodation, which forms a significant part of the journey.
1.5 Tour Operator: the party who, in the course of its business, offers pre-arranged coach journeys to the public or to a group of persons, in its own name.
1.6 Passenger: a person transported by the Carrier by coach, or, in the context of a Travel Agreement:
a. the counterparty of the Tour Operator;
b. the person on whose behalf the journey has been contracted, and who has accepted this stipulation;
c. the person to whom the legal relationship with the Tour Operator has been lawfully transferred.
1.7 Financial: [creditor] means the party to whom a debt is owed; [debtor] means the party who owes a debt; [payment term] means the period within which invoices must be settled.
2.1 Every offer made by the Carrier or the Tour Operator shall be revocable, even if a period for acceptance is stated therein. Any offer to enter into a Transport or Travel Agreement made by the Carrier or Tour Operator shall be without obligation and may therefore be revoked by them, even after acceptance of the offer by the Client or Passenger.
2.2 Any person entering into an agreement on behalf of or for the account of another shall be jointly and severally liable for all obligations arising from the agreement. The other Passenger(s) shall each be liable for their own share.
2.3 Preferably, the agreement shall be established by delivery of a duly signed journey order. However, if the journey order has not been signed, but the booking of the journey is evident from e-mail correspondence, such digital booking shall likewise constitute a valid conclusion of the Transport Agreement in accordance with the General Transport and Travel Conditions of ABC-Specials.
2.4 In principle, the General Transport and Travel Conditions of ABC-Specials apply to transport assignments. Other types of assignments (not being transport), such as branding or rental of DJ equipment between the Client and ABC-Specials, shall likewise fall under these General Transport and Travel Conditions of ABC-Specials.
3.1 Unless otherwise agreed, the fare shall be exclusive of VAT and other government levies, exclusive of parking fees, exclusive of accommodation costs, exclusive of meals, exclusive of tolls, and exclusive of any other charges.
3.2 The Carrier shall be entitled to pass on to the Client any increase in costs associated with the performance of the agreement, for example as a result of an increase in fuel prices, wages, the prices of consumables, or levies owed, by means of an increase in the agreed fare.
3.3 The Carrier shall likewise be entitled to increase the agreed travel sum in connection with changes in transportation costs, including fuel prices, levies owed, or applicable exchange rates. The Carrier shall also be entitled to pass on to the Client any unavoidable additional costs which the Carrier is required to pay for the services offered. “Unavoidable additional costs” are understood to mean costs associated with the service offered.
3.4 The Client or Passenger shall be obliged to pay any additional costs charged to them if:
a. at their request or due to circumstances attributable to them, more kilometres are travelled and/or more labour hours are incurred than are included in the fare or travel sum;
b. at their request or due to circumstances attributable to them, the execution of the transport or journey deviates in any way from that provided for in the agreement (for example in the route, timetable, catering, or accommodation).
4.1 Payment: unless otherwise agreed in writing, the payment term shall be 8 days after the invoice date. If the invoice date is 8 days or fewer prior to the start of the journey, the invoice must be settled no later than 2 working days before commencement of the journey.
4.2 Payment shall at all times be made without deduction and/or set-off.
4.3 If payment is not made within the aforementioned term or any other term agreed in writing, the Debtor shall owe default interest of 2% per calendar month, calculated from the date of default, with part of a month counting as a whole month. At the end of each calendar year, the amount over which interest is calculated shall be increased by the interest due over that year.
4.4 In deviation from Articles 6:43 and 6:44 of the Dutch Civil Code, payments made by the Debtor shall always be applied to the oldest outstanding debt. Payments shall first be applied to collection costs (if any), then to accrued interest, and finally to the principal and current interest.
4.5 Extrajudicial collection costs: if the Debtor fails to pay within the stipulated payment term after the invoice date, the claim shall be transferred to a collection agency. All costs associated with collection shall be borne by the Debtor. From the date of default, the Debtor shall always owe extrajudicial collection costs in addition to the principal sum. The reimbursement for extrajudicial collection costs shall amount to at least 15% of the total outstanding principal including VAT and interest, with a minimum of EUR 375. This provision deviates from Article 6:96 paragraph 5 of the Dutch Civil Code and the Decree on reimbursement for extrajudicial collection costs, and shall not affect the Creditor’s right to claim a higher amount if actual costs incurred can be demonstrated.
4.6 If the Creditor initiates legal proceedings (including arbitration and binding advice), the Debtor shall be obliged to reimburse the actual costs incurred in connection with such proceedings. These costs include the fees of lawyers, authorised representatives, as well as the fees and court registry fees payable to arbitrators or binding advisors, even if these exceed any cost award that may be imposed pursuant to Articles 237 et seq. of the Dutch Code of Civil Procedure.
4.7 This reimbursement of costs shall always be charged to and owed by the Debtor as soon as (internal or external) legal assistance has been engaged by the Creditor, or collection measures are taken by the Creditor, without the need for any further form of proof.
The Passenger shall behave during the transport or journey in accordance with the reasonable instructions of the Carrier or Tour Operator. The Passenger must be in possession of valid identification and present it upon request of the driver.
The Passenger shall be obliged, prior to the commencement of the transport or journey, to properly pack their luggage (including to prevent damage to other luggage or the coach) and to clearly mark it with their name, address and destination.
The Carrier or Tour Operator shall be entitled to refuse the transportation of luggage if the quantity or volume of the luggage offered by the Passenger is unreasonable and/or the weight exceeds 20 kg per person.
The Passenger must notify the Carrier at the time of booking if they intend to bring more than one piece of hand luggage. Timely notification of the amount of luggage is the responsibility of the organiser of the coach journey.
The Carrier will endeavour to provide the best possible solution in case of excess luggage but cannot be held liable for luggage for which insufficient space or weight allowance is available. Any additional costs or arrangements for alternative transport of luggage cannot be recovered from the Carrier.
11.1 The Passenger is prohibited from:
a. carrying or possessing drugs/narcotics, explosives, weapons, pressurised containers or tanks, or dangerous substances in their luggage;
b. standing or walking in the coach while it is in motion and/or consuming (hot) drinks, unless at the Passenger’s own risk.
11.2 The Passenger shall refrain in the coach from:
a. consuming alcoholic beverages, unless of legal drinking age, in moderation, and with the Carrier’s consent;
b. using or possessing narcotics;
c. operating emergency facilities such as emergency doors and hatches other than in emergencies (any resulting costs, risks, or injuries from misuse shall be borne by the offender, or by the organiser if the offender cannot cover these);
d. smoking or using lighters or matches;
e. obstructing the staff in the performance of their duties;
f. causing nuisance or inconvenience to fellow passengers or road users, including spilling (hot) drinks.
11.3 The Carrier or Tour Operator shall be entitled to deny further transport to the Passenger and order them to leave the coach immediately if the Passenger acts in violation of the obligations or prohibitions above.
11.4 The Passenger shall fasten seatbelts where provided during travel. For children under 12 years, their guardians are responsible for fastening seatbelts. Passengers must carry all necessary travel documents, such as passports or visas, and be on time for departure and for re-boarding after stops. Failure to comply may entitle the Carrier or Tour Operator to refuse further carriage without compensation or refund.
11.5 Without prejudice to the above, the Client or Passenger shall be liable for damages suffered by the Carrier or Tour Operator as a result of violation of the obligations above.
11.6 The Passenger shall provide and use hearing protection where necessary. If at any time the Passenger considers the sound level undesirable, they must expressly notify the driver, who may then adjust it.
11.7 The Passenger shall provide their own eye protection against laser light. If laser light remains stationary, the Passenger must avoid looking directly at it.
11.8 The coaches may use smoke machines producing smoke from glycol and glycerine. Passengers with allergies to these substances, or issues with reduced visibility such as trauma or respiratory conditions, must notify the driver in writing before the journey so that the use of smoke machines may be avoided.
Passengers are prohibited from excessively soiling the vehicles. The use of shooters, confetti, party poppers, glitter, sprayed clothing, greasy creams, oils, paints, varnishes, nail polish, nail glue, whipped cream and butter, fireworks, sparklers, fountains, and similar products is prohibited in our vehicles.
If passengers nevertheless use these and thereby soil or damage the coach, all cleaning costs and any repair costs shall be borne by the organiser of the journey.
The use of confetti and party poppers incurs a minimum surcharge of €250 excluding VAT, plus additional cleaning costs depending on the degree of pollution. Confetti cleaning is especially costly as it requires removal of the seats to extract confetti lodged between them.
ABC-Specials trades under various brand names. The following activities also fall under these conditions: those carried out under the names Karwin BV, Limousine.nl, VIPBus.nl, Partybus.nl, Limousine-huren.be, VIPBus-huren.be, and Partybus-huren.be.
13.1 Passengers making use of our vehicles during an epidemic or pandemic, or those using a vehicle reserved through us, declare prior to commencement of the journey that they have tested negative on the day of transport or one day prior for the relevant virus, or that they possess valid vaccination proof.
13.2 If behavioural rules or regulations are imposed by government authorities during an epidemic or pandemic, all passengers must comply. Passengers must provide their own protective or sanitising equipment.
13.3 If non-compliance with applicable regulations results in a fine, this shall be borne entirely by the passengers concerned. If the fine is imposed on the Carrier, it shall be recovered from the responsible passengers. Should participants be unable or unwilling to comply with this payment, the organiser shall bear responsibility.
13.4 References to epidemics or pandemics shall also include local, regional, or national infection hotspots where compliance with regulations is mandated.
13.5 Passengers must be aware of the relevant regulations in each transit country prior to travel and comply with them during passage.
Unless otherwise agreed in writing, photo and video recordings may be made in the vehicles of the Carrier, as well as in externally hired vehicles. All participants consent thereto and waive portrait rights upon publication of such recordings.
In making and publishing recordings, the Carrier reserves the right to re-publish such material.
The organiser of the journey shall communicate these conditions, which apply to all individual participants, in writing prior to the journey. In particular, Article 9 and the various obligations of passengers must be highlighted. The organiser must obtain acceptance of the conditions from all participants prior to the journey. Participants who do not accept these conditions shall be excluded from participation.
In municipalities where the sale of alcoholic beverages requires a hygiene certification by one of those present in our vehicles, passengers are not permitted to take alcoholic drinks from our fridges or stocks.
The organiser of the journey accepts this condition and communicates it explicitly to all participants before the journey. In case of violations, the organiser is responsible for all direct, indirect, or financial consequences.
This article does not apply if one of the passengers holds the required hygiene certificate and can demonstrate this during inspection. Free alcoholic beverages provided by the Carrier fall outside this condition, as the Carrier does not sell alcoholic drinks in such municipalities.
The Carrier cannot be held responsible for restrictions on pick-up or drop-off locations due to environmental or low-emission zones.
Fines for entering such zones with non-compliant vehicles are for the account of the Client.
Where prior registration is required for access, the costs shall also be borne by the Client.
If a vehicle is stopped and prohibited from entering a low-emission zone, the Carrier cannot be held responsible for arranging further transport of passengers within that zone. The Client shall be responsible for arranging continuation of the journey.
19.1 If the Client or Passenger has a complaint about the formation or performance of the agreement, they must address it directly and in writing, or in another appropriate form, to the Carrier or Tour Operator so that a suitable solution can be sought.
19.2 If the complaint is not satisfactorily resolved during performance, it may be submitted in writing and with reasons to the Carrier or Tour Operator within one month after completion of the agreement, or within one month after the planned departure date if the journey did not take place.
19.3 The Carrier or Tour Operator must resolve a complaint within one month of submission. If unresolved, the complaint may be referred to a disputes committee established by the Carrier, which will issue binding advice, within three months after completion or planned departure date.
19.4 Passengers who do not wish to use this procedure may turn to the competent Cantonal Court or District Court in the district where the Carrier or Tour Operator is established, without prejudice to the latter’s right to approach another competent court.
19.5 Without prejudice to statutory provisions of mandatory law on limitation of legal claims and the expiration rules under Article 8:1753 of the Dutch Civil Code, all claims by the Client or Passenger shall lapse one year after performance, planned departure date, or the date of the disputed act.
Anyone placing a reservation or otherwise purchasing a service or product from ABC-Specials declares to be of legal age and legally competent to act. They further declare not to be under guardianship, not undergoing debt restructuring, and to be fully legally competent.
Even if ABC-Specials has accepted the purchasing conditions of its clients or otherwise conformed thereto, these General Transport and Travel Conditions shall prevail in all cases if provisions conflict. In no event shall the client’s purchasing conditions prevail.
These conditions apply to all transport assignments reserved through ABC-Specials. Assignments carried out by external parties but reserved through ABC-Specials are likewise subject to these General Transport and Travel Conditions.
All Transport or Travel Agreements are governed by Dutch law, in addition to the provisions of this agreement. In case of conflict, these General Transport and Travel Conditions shall prevail.
ABC-Specials bv tel: 0031 13 507 7 507 / 0032 14 893 367
Oordeelsestraat 7c e-mail: kantoor@abcspecials.nl / kantoor@abcspecials.be
5111PA BAARLE NASSAU KVK: 20139589
