General Transport and Travel Conditions
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)

Article 1: Definitions
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.

Article 2: Formation of the Agreement
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.

Article 3: Fares
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).

Article 4: Payment and Enforcement
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.

Article 5: Cancellation by the Client
5.1 If the client terminates the transport agreement, he is obliged to compensate the damage suffered by the carrier as a result, and the client, in addition to reimbursing any costs already incurred by the carrier on his behalf, shall owe the following compensation to the carrier:
a. if the cancellation takes place at least 22 days before the day on which the transport commences: 15% of the agreed trip price with a minimum of €35;
b. if the cancellation takes place on the 21st day or between 21 and 14 days before the day on which the transport commences: 30% of the agreed trip price;
c. if the cancellation takes place on the 14th day or between 14 and 2 days before the day on which the transport commences: 50% of the agreed trip price;
d. if the cancellation takes place on the 2nd day before the day on which the transport commences: 75% of the agreed trip price;
e. if the cancellation takes place on the day of departure or during the transport: the full trip price.
5.2 The cancellation conditions stated under Article 5.1 apply equally and without exception in cases of cancellations directly or indirectly resulting from illness, death, or other family circumstances.
5.3 If the cancellation is the result of an official cancellation of the event to be visited due to a virus outbreak, the provisions of Article 5.1 and 5.2 shall lapse, and the fixed trip cancellation fee shall be €200.00 including VAT.

Article 6: Cancellation by the Carrier
The carrier is at all times entitled to withdraw from the transport assignment, regardless of the reason, even if the agreement has already been signed for approval.
The client cannot claim any costs from the carrier in the event that the carrier cancels the transport assignment.
Indirect costs resulting from cancellation by the carrier cannot be charged to the carrier.

Article 7: Amendment of the Agreement
7.1 The carrier or travel organiser is entitled to amend the transport or travel agreement on an essential point due to compelling circumstances, which shall be communicated to the client or traveller as soon as possible. The client or traveller may reject the modification. If the carrier or travel organiser amends the agreement on a non-essential point due to compelling circumstances communicated without delay, the client or traveller may reject the modification only if it disadvantages him to a more than minor extent.
7.2 The client or traveller must notify the carrier or travel organiser of any rejection as soon as possible; otherwise, the rejection has no effect.
7.3 In the event of rejection by the client or traveller as referred to under 6.2, the carrier or travel organiser may terminate the agreement. This right of termination must be exercised as soon as possible. In such case, the client or traveller is entitled to a refund or waiver of the trip price or, if the transport or travel has already been partially provided, a proportionate part thereof.
7.4 The carrier is always entitled to adjust the tariff of an assignment if the carrier deems reason to do so, for example due to increased operating costs. The carrier may adjust the tariff even after a quotation has been provided or a transport assignment has been confirmed. The organiser of the trip may cancel the trip free of charge if he does not agree with an interim price adjustment.

Article 8: Termination Due to Insufficient Participation, Force Majeure, or Personnel Shortage
8.1 The carrier is entitled to terminate the travel agreement without owing the traveller any compensation when the number of registrations is lower than the required minimum and the traveller has been informed of the termination within the period stated in the agreement, or when fulfilment of the agreement is rendered impossible or hindered due to abnormal and unforeseeable circumstances beyond the organiser’s control, the consequences of which could not have been prevented despite all due care.
8.2 The carrier is entitled to terminate the transport agreement if fulfilment is rendered impossible or hindered due to circumstances beyond its control; such circumstances include, among others, strikes of employees or auxiliary staff of the carrier and extreme weather conditions for which a weather alert has been issued. If the agreement concerns the provision of one or more seats in a bus (rather than the hire of an entire bus), the carrier is also entitled to terminate the agreement in the case of insufficient participation.
8.3 In the event of termination by the carrier, the client or traveller is entitled to a refund or waiver of the trip price or, if the transport or travel has already been partly provided, a proportionate part thereof.
8.4 The carrier is not obliged to fulfil any obligation under the agreement if hindered due to a circumstance that is not attributable to him and which, by law, legal act, or common societal opinion, cannot be deemed his responsibility.
8.5 Force majeure includes in any case: war, threat of war, full or partial confiscation or requisitioning of goods, fire and storm damage, flooding, strikes, lockouts, epidemics, pandemics, illness of employees, traffic congestion, vehicle breakdown, and other similar circumstances.
8.6 If performance of the agreement becomes permanently impossible or is delayed beyond reasonable time due to force majeure, the agreement is considered dissolved without the client being entitled to any compensation.
8.7 If after conclusion of the agreement it appears that, due to force majeure, the service cannot be executed with the reserved vehicle, the carrier has the right to make a replacement vehicle available to the client without owing any compensation.
8.8 Force majeure does not release the client from his or her payment obligations.
8.9 The carrier is not obliged to execute a transport assignment if no sufficiently qualified driver can be found in time according to ABC-Specials’ standards. In such cases, any prepaid amounts shall be refunded in full. The client cannot claim any compensation for direct or indirect consequences or costs resulting from non-execution of the assignment by the carrier.

Article 9: Limitation of Liability
9.1 If the carrier or a third party engaged by the carrier is legally liable for damage, death, or injury of the traveller resulting from an accident occurring in connection with and during the transport, the obligation to compensate is limited to the amount paid out by the carrier’s or third party’s liability or vehicle insurance. If no insurance payout is made, or the damage falls within the insurance excess, the carrier or third party is only obliged to compensate a maximum of one time the agreed travel sum.
9.2 The carrier is not liable for loss or damage to money, negotiable instruments, gold, silver, jewellery, art objects, or other valuables.
9.3 The carrier cannot be held liable for any item left unattended in the bus by the traveller.
9.4 The carrier is not liable to the client or traveller for any damage other than that described under sub 1 of this article, except for the specific liabilities described later in this article.
9.5 The carrier cannot be held liable for data loss or damage to electrical equipment belonging to the client or any persons hired by the client or volunteers assisting the client.
9.6 If the carrier cannot transport the client at the agreed time but arrives with a delay of up to 30 minutes, regardless of the cause, the carrier owes no compensation.
9.7 For delays between 30 minutes and 1 hour: maximum compensation 25% of the agreed trip price.
9.8 For delays between 1 and 2 hours: maximum compensation 40% of the agreed trip price.
9.9 For delays between 2 and 4 hours: maximum compensation 60% of the agreed trip price.
9.10 For delays between 4 and 8 hours: maximum compensation the agreed trip price.
9.11 For delays greater than 8 hours: maximum compensation the agreed trip price.
9.12 If the carrier cannot carry out the trip ordered by the client, regardless of the reason, the maximum compensation owed is the agreed trip price. No consequential damages can be claimed.
9.13 If the carrier cannot or cannot in time provide the pre-ordered promotional displays on or in the vehicle, the maximum compensation owed is the amount agreed for such displays.
9.14 If the carrier cannot or cannot in time display pre-supplied photos, films, presentations, or similar visual material on or in the vehicle, the maximum compensation owed is €250.00.
9.15 If the carrier cannot or cannot in time provide a properly functioning multimedia system with which the vehicle is equipped, the maximum compensation owed is 25% of the agreed trip price.
9.16 If the carrier cannot or cannot in time provide a properly functioning special effect with which the vehicle is equipped, the maximum compensation owed is €50.00. If a separate surcharge was paid for the special effect, the client is also entitled to full refund of that surcharge.
9.17 If a client wishes to personalise a vehicle with stickers, branding, or wrap film, this must always be done by the carrier or by a company designated by the carrier. If the sticker, branding, or wrap film becomes damaged or loose before or during execution of the assignment, the carrier is only liable for compensation proportional to the percentage of the affected material relative to the agreed total price.
9.18 The carrier may be held liable for the incurrence of hearing damage, with a maximum compensation of 50% of the agreed trip price.
9.19 The carrier cannot be held liable for facial injuries.
9.20 The carrier cannot be held liable for becoming unwell after consuming catering or drinks in the bus.
9.21 The carrier cannot be held liable for passengers failing to comply with specific regulations resulting from an epidemic or pandemic.
9.22 Leaving one’s seat is not permitted. The carrier is expressly not responsible for injuries incurred while leaving the seat. Leaving the seat during the journey is entirely at the passenger’s own risk. The organiser of the trip must communicate this condition clearly and explicitly to all participants prior to the journey.
9.23 If a vehicle deployed by the carrier becomes inoperable due to technical reasons, an accident, or due to the driver’s incapacity, the carrier will attempt to arrange replacement transport within its network. If no replacement transport can be found, the maximum compensation is the agreed trip price.
9.24 In no case shall the compensation for cancellation or non-execution of the transport assignment exceed the pre-agreed trip price.

Article 10: Obligations of the Passenger
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.

Article 10b: Baggage
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.

Article 11a: Prohibitions for the Passenger
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.

Article 11b: Pollution
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.

Article 12: Trade Names
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.

Article 13: Pandemic and Epidemic Specific Conditions
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.

Article 14: Portrait Rights
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.

Article 15: Rights to Video and Photographic Material
In making and publishing recordings, the Carrier reserves the right to re-publish such material.

Article 16: Communication Obligation of the Organiser
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.

Article 17: Sale of Alcoholic Beverages
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.

Article 18: Environmental and Low Emission Zones
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.

Article 19: Complaints; Competent Court
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.

Article 20: Minimum Age, Debt Restructuring, Legal Capacity
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.

Article 21: Prevalent Conditions
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.

Article 22: Conditions for Performance by External Parties
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.

Article 23: Applicable Law
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