GENERAL TERMS AND CONDITIONS AROUNDFRIENDS BV

Article 1 – general

1. Aroundfriends manages a platform with the aim of introducing the international traveller/international travel group to a (selection of) guide(s) prior to their trip, in order to be able to make a good, well-considered choice with regard to the to switch guide at the travel location.
2. The international travel group and/or the international traveler are hereinafter referred to as “client”.
3. The guide is the one who presents himself as such on the Aroundfriends website/platform.
4. Aroundfriends operates as an intermediary between the ( potential ) client's demand for a guide and the supply of guides at various travel locations (hereinafter referred to as "the service"). Any agreement is concluded between the client and the guide.
5. These general terms and conditions apply to all services provided by Aroundfriends. Deviations must be explicitly agreed in writing with Aroundfriends in advance.
6. The client must accept these general terms and conditions prior to concluding an agreement with the guide.
7. In the event that a provision of these terms and conditions is invalid or unenforceable, it will be interpreted and implemented as much as possible in a manner that is possible under the law.

Article 2 – quotations and agreements

1. Aroundfriends offers a platform. She is not the one doing the job. The assignment is established between the client and the guide, who, as mentioned, can come into contact with each other on the platform via the platform.
2. The guide will issue a quotation based on the wishes and needs of the client specified by the client. The agreement that comes about is concluded between the guide and the client. Aroundfriends is not a party to this.

Article 3 – the platform and mediation

1. Aroundfriends offers a platform for the client and the guide to get in touch with each other. The platform is not intended as a recommendation and/or endorsement of any guide and/or its qualities. The guide is solely responsible for the content provided within the Aroundfriends presentation format. However, Before including the guide on the platform, Aroundfriends does assist and tests the qualities of the guide. The guide has also indicated on the platform which diplomas and certificates he has. Furthermore, the guide can indicate his interests and/or preferences.
2. In addition to providing a platform, the mediation also consists of handling the payment and handling any cancellation.
3. In order to use the platform, the client must be of age.

Article 4 – payment

1. The Client creates an account in which his/her contact details are stated. This account is provided with a username and password, so that the data is not visible to third parties.
2. The agreement between the client and the guide is concluded at the moment that the client accepts the quotation. Payment will be made to a bank account in the name of Aroundfriends. Aroundfriends will keep this payment for the guide until the moment the assignment has been carried out by the guide. By keeping the money in its possession, Aroundfriends explicitly does not become a party to the agreement between the client and the guide.
3. In the event of late payment in the agreement between the client and the guide, no agreement is deemed to have been concluded. The mediation of Aroundfriends via its platform will immediately stop at that moment.
4. As soon as the agreement has been concluded and the assignment has been carried out, both the client and the guide must confirm within 24 hours that the assignment has been carried out.
5. After the client and the guide have confirmed that the assignment has been carried out, Aroundfriends will ensure payment to the guide (with settlement of the commission that is due to Aroundfriends pursuant to the agreements between the guide and Aroundfriends).
6. If after 24 hours it appears that the client has not confirmed that the agreement has been carried out, while the guide has confirmed this, Aroundfriends will also pay the guide (with settlement of the commission that is due to Aroundfriends pursuant to the agreements between the guide and Aroundfriends).
7. If the client indicates that the assignment has indeed been carried out, but that this has not happened satisfactorily, Aroundfriends will try to act as a mediator between the client and the guide for a period of one month with the aim of reaching agreement. If this has not been successful after one month, Aroundfriends will still make the payment to the guide.
8. Payments must be made in euros.

Article 5 – cancellation

1. The client can cancel the agreement with the guide up to two calendar months prior to the agreed date(s) on which the assignment is to be carried out, without Aroundfriends charging any costs for this. In case of cancellation, Aroundfriends will ensure that the amount already paid is returned to the client. If the guide does apply cancellation costs, Aroundfriends will deduct these costs from the amount to be refunded and pay the cancellation costs to the guide. In case of cancellation within a period of two calendar months, the guide is entitled to the following cancellation fee, to be calculated on 'guide activities ':
   • Up to the 56 th calendar day before the first day of execution 25% of the invoice amount.
   • the 56th calendar day to the 28th day before the first day of performance: 50% of the invoice amount.
   • From the 7th day to the first day of performance: 100% of the invoice amount.
   For all other services to be provided by the guide, such as tickets or transport, etc., the cancellation rates must be checked with the guide. Aroundfriends is explicitly not an intermediary of these additional services.
2. If the client, without any notice, does not appear at the time when the assignment is to be carried out, Aroundfriends will pay the amount already received to the guide (with settlement of the commission that is due to Aroundfriends pursuant to the agreements between the guide and Aroundfriends).
3. If for whatever reason the guide is unable to execute the agreement, Aroundfriends will try to arrange a replacement guide in consultation with the client. If this is not possible, Aroundfriends will refund the amount held for the client to the client. For Aroundfriends, only an effort obligation applies in this respect, no result obligation.

Article 6 – liability

1. Complaints about the mediation of Aroundfriends and about the execution of the work by the guide can be submitted by the client up to one month after the execution of the assignment by the guide. After the said month, the complaint is too late and any rights (for example to compensation) of the client will lapse.
2. Aroundfriends only acts as a mediator and she only makes her platform available as a mediator between the client and the guide. Aroundfriends is therefore not liable for the quality of the assignment performed, and any direct, indirect and/or consequential damage resulting from (the execution of) the assignment.
3. As far as Aroudnfriends would be liable in any way towards the client and the client suffers damage as a result, the liability of Aroundfriends is in all cases limited to a maximum of 25% of the amount invoiced by the guide. In any case, Aroundfriends' liability will never exceed the amount paid out in the relevant case under Aroundfriends' liability insurance. Liability of Aroundfriends for damage for which the client or the guide is insured is excluded.

Article 7 - intellectual property rights

1. All rights of the Aroundfriends platform are owned by Aroundfriends Holding BV
2. The client is not permitted to copy, download, reproduce or otherwise use anything from or on the platform for any commercial purpose without written permission from Aroundfriends.
3. Aroundfriends reserves the right to monitor visitors to its website and, if it sees reason to do so, to block them.

Article 8 – applicable law and competent court

1. Dutch law applies exclusively to all services provided by Aroundfriends.
2. All disputes, including those that are only regarded as such by one party, arising from or in connection with the services of Aroundfriends to which these terms and conditions apply, or the relevant terms and conditions themselves and their interpretation or implementation, will be settled by the competent Court of East Brabant.
3. These terms and conditions have been drawn up in several languages. The latest Dutch version as filed with the Chamber of Commerce in 's-Hertogenbosch is leading in case of dispute about the interpretation.