bookachoo

Version 1.0.2 (October 2024)

General Terms and Conditions

1 Applicability

These general terms and conditions apply to all business agreements between bookachoo and second parties, in which bookachoo acts as the service provider, and the secondary party as the client.

1. “bookachoo" is a trade name of Thijssen Consultancy S.L.; a limited liability company operating from the Kingdom of Spain, and registered there at the Official Chamber of Commerce, Industry, Services and Navigation of Granada under reference number: Hoja GR-58079 Tomo 1809 Folio 78
2. These terms and conditions become effective immediately upon signing the formal contract they apply to.
3. No changes shall be made to these terms for the duration of the said contract, bar spelling corrections and visual c.q. style adjustments.
4. Clause c becomes void as soon as these terms and conditions have been filed with the Dutch Chamber of Commerce, or an equivalent institution. From that point onwards only the most recent version of this document applies.
5. Caption and headings in this document are for convenience of reference only, and will in no way affect the interpretation.

2 Booking

1. The client, or individual representative thereof, that initiates the booking process is considered the primary traveller. Even when this individual is not part of the travelling party themselves.
2. The primary traveller is able to appoint someone else as the primary traveller at all times.
3. All communication around the booking process, by telephone, digitally or otherwise, from initiation to completion, is done with the primary traveller.
4. All travel documents pertaining to transport (e.g. train and/or plane tickets) will be digitally shared with the known email address of the primary traveller, or an alternative email address provided by the primary traveller.
5. The booking process is considered completed after all passengers are at their destination (in case of a one-way trip), or returned back from their round trip, and bookachoo received payment in full.
6. The primary traveller, or each passenger individually, is personally responsible to complete regulatory procedures such as check-ins, luggage drop-offs, or identification formalities.
7. Train tickets booked further than three (3) months in advance are considered provisional, and claims made with regard to these types of tickets will not be entertained.
8. Provisional tickets that do not or cannot materialise, or otherwise remain unavailable, will be substituted or considered void.
9. As a commercial provider bookachoo is free to deny service to any client, as well as being allowed to refuse fulfilment of specific booking requests, with or without cause.

3 Obligations

For the purpose of an efficient, quick processing, while providing a robust and trustworthy service, both parties agree to the following:

1. Client will provide any and all requested and relevant information necessary to complete a booking, without undue delay.
2. Conversely, bookachoo will work diligently, within reason and proportionate to the compensation, in satisfying client, and to the fulfilment of the service request.
3. While interacting with selling partner(s), bookachoo will process Personal Identifiable Information with great care, and conscientiously work to safeguard the privacy of client and its travellers.
4. In accordance with European data protection legislation, bookachoo and client will at all times comply with the full extent of legal obligations governing data control and data processing.

4 Prices

Being a reseller, bookachoo’s listed pricings are subject to the price terms of our selling partner(s). Therefore we cannot guarantee that prices published by us, and/or shared with clients, are still accurate at the time of offering.

1. Prices published by bookachoo are typically the cheapest possible fare, in the lowest comfort class, but without any discounts such as loyalty, quantity or the like.
2. When our algorithms produce a list of alternative offerings, by default, at a high level, these are ordered as follows: least to most environmentally harmful; lowest to highest price; most to least convenient.
3. All our offerings are subject to typos, misprints, programmatic errors, and any other human or machine-caused defect resulting in the misrepresentation of prices, whether unintentional or not.
4. Prices that get retracted, become deprecated, or otherwise rendered unavailable, will automatically be replaced with a next-best offering.
5. Clients will be notified of discrepancies if, and only if, the total price point deviates by 10 (ten) percent or more.
6. At invoice time, bookachoo will transparently communicate any deviations from the original offering with client.

5 Groups

Due to the finite capacity of both trains and planes, we take extra care when handling group bookings.

1. From 10 (ten) passengers and above, a booking is considered a group booking.
2. Maximum group sizes, and the ability to fulfil bookings for them, are subject to the sales conditions of our selling partner(s).
3. We reserve the right to consider multiple smaller (group) bookings as one and the same (larger) group booking.

6 Seat Reservations

As with prices, bookachoo depends on the reservation systems of selling partner(s), which are often built on top of distribution infrastructure of the actual carriers or operators.

1. Depending on availability, seats may be booked across multiple isles, rows, comforts classes, carriages/aircrafts, or even multiple trains/planes. We can never guarantee all seats under the same booking to be in close proximity.
2. All adjustments with regard to seating arrangements beyond differences in rows and/or isles will be done after consultation with client.

7 Deliverables

For booking services, bookachoo commits itself to deliver the transportation tickets for all confirmed passengers from the applicable travelling party.

1. Correct and prompt delivery is subject to the availability and stability of the distribution systems and infrastructure of our selling partner(s) and those of their providers.
2. Train tickets are to be delivered digitally, in the form of a QR- code or equivalent, to the primary traveller.
3. Plane tickets are to be deliver digitally, in the form of the relevant Passenger Name Records (P.N.R.), to the primary traveller.
4. Standard tickets for non-groups will be delivered within 24 business hours, and within 72 business hours for groups (section §5).
5. If and when provisional tickets become permanent (section §2h), they will be delivered at the latest 75 days before the date of departure.
6. No guarantees can be given with regard to delivery times or deadlines for delivery communicated by bookachoo, whether verbal or in writing.
7. Tickets will only be supplied for those passengers, journeys and/or legs for which bookachoo made reservation(s) and advanced payment(s).
8. Disputes will be settled through additional bookings, Changes (section §10) or Cancellations (section §11).
9. If applicable, it is the responsibility of client or the individual travellers to secure any and all required travel documentation, such as entry and/or exit visa or proof of health requirements (for example certifications of vaccination).

8 Payment

Remuneration for our services and solutions happens in one instalment or in the form of a recurring subscription.

1. Under certain circumstances bookachoo may request a deposit of at most 50% of the gross order value; client hereby agrees to comply with such a request.
2. Payments must be made within 30 (thirty) days starting from the date of the first invoice for that instalment.
3. A first reminder will be sent by bookachoo in the third or fourth week after the earliest invoice date.
4. A second and final reminder follows no less than two weeks after the first.
5. While waiting for payment, bookachoo is the de facto owner of all value-representing travel documents, whether already in possession of client or not. Upon receipt of payment, this ownership transfers irrevocably.
6. Failure to pay within 30 (thirty) days gives bookachoo the right to cancel any of the reservations made on behalf of client related to the booking for which payment was not received in time.
7. Failure to pay within 60 (sixty) days will result in a declaration of default, after which the debt will be passed to a collection agency.

9 Customer Support

As a service provider we oblige to observe the care of a good contractor. This applies to our travel management services, booking solutions, and consultancy activities.

1. On travel days, that is, those days on which transportation tickets issued through bookachoo are valid, client will have access to a 24-hour customer service.
2. On non-travel days, that is, for the duration of the present booking process, client will have access to office-hour customer service (09:00–17:00 Central European Time).
3. Complaints with regard to our services will be entertained if submitted in writing, and when received no later than eight (8) weeks after the matter the complaint pertains to.
4. A written response to adequate complaints will be sent by bookachoo within one (1) calendar month.

10 Changes

Under changes we distinguish early and late changes; made before resp. after a confirmed reservation.

1. Clients can make changes to their booking(s) at any time, until bookachoo receives confirmation of the actual reservation.
2. Late changes are permissible only in cases when bookachoo’s selling partner(s) explicitly permit(s) these.
3. An additional surcharge may be billed for handling changes depending on quantity, frequency, timeliness and complexity. Fair use is exempted from this.
4. Any amendment fees imposed by our selling partner(s) will be passed on to client on a one-to-one basis, that is, without any additional surcharge.
5. Under no circumstance can bookachoo be held liable for operator or carrier changes, or any other externally triggered changes, unsuspected or not, which might conflict with client’s expectations.

11 Cancellation

Being able to cancel a booking, in part or in whole, depends on multiple conditions: applicable cancellations options, timeliness, choice of transport, seasonality etc.

1. The Dutch cooling-off period for online purchases never applies when buying a trip through bookachoo.
2. Cancellation is permissible only in cases when bookachoo’s selling partner(s) explicitly permit(s) this.
3. Cancellation options of our selling partner(s) will be conveyed as is.
4. Any ability to cancel will be transparently communicated by us in advance c.q. before signing time.
5. An additional surcharge may be billed for handling cancellations depending on quantity, frequency, timeliness and complexity. Fair use is exempted from this.
6. Any cancellation fees imposed by our selling partner(s) will be passed on to client on a one-to-one basis, that is, without any additional surcharge.

12 Limitation of Liability

The liability of bookachoo is limited to the arrangement of transport to the destination, and if applicable, returning from the destination.

1. When providing booking services, bookachoo is expressly not liable for any damages, material or immaterial, that occurred in preparation of a trip, while in transit, or for the duration of the trip, Anything that can be deemed a travel accident can never be attributed to our liability.
2. Outside force majeure (Act of God), and §10e bookachoo can solely be held liable for failure to deliver transport.
3. Unless unfeasible, compensation will always happen in the form of alternative transport, and, if reasonable and justifiable, temporary board and lodging.
4. Total compensation shall never exceed 150% of the total contract value, or 200% of the fraction of the contract value that represents the service reckoned failed to deliver.
5. In case of §10e, when clients might be legally entitled to compensation from airlines or train operators: collections of these forms of compensation is the sole responsibility of client; bookachoo will never play any part in this.
6. Limitations of liability attributed to bookachoo in this section, are also applicable to present and former employees of bookachoo.

13 Force Majeure

Under these terms and conditions the phrasing “force majeure” is meant to convey: any disruptive event or circumstance, independent of the will or control of bookachoo, under which normal performance or fulfilment of obligations can no longer reasonably be expected. Examples of force majeure include, but are not limited to: natural disasters, (civil) war, hostile invasions, martial law, epidemics, government measures, strikes, and any condition that cripples the (inter)national rail and/or aviation infrastructure or industry, whether partly or in whole.

1. In the event of force majeure, any business agreement with bookachoo will automatically become (temporarily) suspended, until the cause of force majeure subsides.
2. In the case that force majeure lasts longer than eight (8) weeks, both client and bookachoo are permitted to terminate their business agreement.
3. Upon termination, bookachoo is entitled to compensation for those services that were carried out, for client or on behalf of client, prior to the force majeure having occurred,
4. Client cannot make claim to any form of compensation due to damages, distress, revenue loss, or any other form of material, monetary or personal inconvenience, caused by the force majeure.

14 Intellectual Property Ownership

1. Unless otherwise agreed, bookachoo shall retain all rights of ownership, title and interest of software built bespokely under all contracts covered by these terms and conditions.
2. Client cannot and will not make claim to full, part or shared ownership.
3. Client allows bookachoo to use its logo in any form of media, for informational purposes, provided that this use adheres to branding guidelines, and does not compromise decorum or negatively affect client’s public image.
4. Unless otherwise agreed, client is not permitted to publicly disclose, in any shape or form, the business relation with bookachoo, or any details of the services purchased.

15 Jurisdiction

Dutch law applies to the entirety of these terms and conditions, as well as the commercial contracts c.q. business agreements that they cover.