Terms and Conditions
Table of Contents
- ARTICLE 01 Definitions
- ARTICLE 02 The Assignment in General
- ARTICLE 03 The Reservation Order
- ARTICLE 04 Payments
- ARTICLE 05 Liability
- ARTICLE 06 Documents
- ARTICLE 07 Interest and Collection Fees
- ARTICLE 08 Disputes
- ARTICLE 09 Cancellations
- ARTICLE 10 Online Calendar
- ARTICLE 11 Publication of photographs and/or information
- ARTICLE 12 Online Store
- Customer Portal:
- Newsletter:
- Contact information:
Article 01 Definitions
1. The Agreement:
This agreement constitutes the contract between the traveler and Angling Escapes S.L., whereby Angling Escapes undertakes to provide the traveler with online services related to fishing and related travel, in the broadest sense of the term.
2. Angling Escapes S.L
.: The party that, in the course of its business, advises, informs, and acts as an intermediary in the conclusion of agreements in the field of travel.
3. Service Provider:
The carrier, accommodation provider, Angling Escapes S.L., and/or other service providers in the field of travel, in the broadest sense of the word, with whom the traveler enters into an agreement and who, subject to the applicable terms and conditions, is responsible for the performance of the service.
4. Traveler:
a. The client (registrant), or
b. The person on whose behalf Angling Escapes S.L. has performed services that have been accepted by the client.
Article 02 The Assignment in General
The scope of the assignment may include, among other things, providing the traveler with information and advice online, as well as, where possible, making reservations for the services requested by the traveler.
2. The client is bound by the agreement with Angling Escapes S.L. and the service provider upon placing the order, regardless of whether a confirmation is provided immediately. If a fee is due for a service provided by Angling Escapes S.L. itself, Angling Escapes S.L. will disclose this in advance.
3. The (order) confirmation will generally be sent to the client via email within seven business days, in which case this confirmation serves as proof of the agreement described therein.
4. The client has the option to submit a written objection within three business days of receiving the order confirmation if they believe that the agreed terms are not accurately reflected in the confirmation. In the absence of such an objection, the confirmation serves as proof of the existence and content of the agreement. This does not preclude the client’s ability to provide counterevidence. Even if the order confirmation is sent by Angling Escapes S.L. later than stated above, the client may submit a written objection within three business days of receipt.
5. The client is fully liable to both Angling Escapes S.L. and the service provider for the obligations arising from the services provided by Angling Escapes S.L. The other travelers are liable for their respective shares.
Article 03 The Reservation Order
1. The client shall provide Angling Escapes S.L. with the information regarding themselves and any other traveler(s) necessary for the conclusion and performance of the agreement, in consultation with Angling Escapes S.L.
2. The prices of reserved services are subject to change in accordance with the terms and conditions of Angling Escapes S.L. These changes will be communicated as soon as possible and passed on to the client.
3. Any cancellations of, or changes to, the order(s) placed may only be made on business days and only at the client’s request. If, at the client’s request, a cancellation is made of, or changes are made to, reservations already made, the associated costs will be charged. In addition to the cancellation or change fees charged by the service provider, these may also include the costs that Angling Escapes S.L. must incur to effect the cancellation or change.
4. All communications from Angling Escapes S.L. or the service provider will be addressed exclusively to the client.
Article 04 Payments
1. The amounts due must be paid to Angling Escapes S.L. within the timeframe specified by Angling Escapes S.L. Angling Escapes S.L. is authorized, if necessary, to collect the amounts due on behalf of and for the account of the relevant service provider(s).
2. Upon placing the order(s), Angling Escapes S.L. will require a deposit equal to 50% of the total agreed-upon travel cost (unless otherwise agreed).
3. The balance of the amount due must be received by Angling Escapes S.L. no later than the date specified in the confirmation or invoice. In the event of any discrepancies between the confirmation and the invoice, the confirmation shall prevail.
4. If payment is not made or is not made on time, the traveler is in default, and Angling Escapes S.L. shall then have the right to charge the costs referred to in Article 3.3 or to offset them against the deposit(s) received.
5. Any refunds will be made exclusively to the client.
Article 05 Liability
1. Angling Escapes S.L. will exercise the care expected of a diligent contractor in the performance of its services.
2. If Angling Escapes S.L. provides services (including advice/information) that lead to the conclusion of a package travel contract to which these terms and conditions apply, these terms and conditions shall apply exclusively, including with respect to the liability of Angling Escapes S.L.. In such cases, the responsibility for handling complaints regarding the services provided by Angling Escapes S.L. rests with Angling Escapes S.L..
3. These terms and conditions also apply if Angling Escapes S.L. is deemed to be a contractor under Spanish law, for example, if it sells a package tour from a foreign provider.
4. Notwithstanding the foregoing, Angling Escapes S.L. accepts no liability for acts and/or omissions of the service provider(s) involved, nor for the accuracy of the information provided by such service provider(s). Angling Escapes S.L. bears no responsibility for photographs, brochures, and other informational materials, insofar as these have been published under the responsibility of third parties.
5. To the extent that Angling Escapes S.L. is at fault and the traveler suffers damage as a result (including damage due to loss of travel enjoyment), liability is limited to a maximum of 10% of the invoiced services.
6. Liability for damage against which the traveler is insured (e.g., by taking out travel and/or cancellation insurance or health insurance), as well as liability for damage suffered by the traveler in the course of their professional or business activities (including damage resulting from missed connections or failure to arrive at the destination on time), are excluded.
7. Angling Escapes S.L. is not responsible for any commitments made by its staff and/or third parties that deviate in a discernible manner from the conditions set forth in these terms and conditions or in the terms and conditions of the responsible service provider, unless such commitments are subsequently confirmed in writing.
8. The exclusions and limitations of liability set forth in this article also apply to the benefit of the staff of Angling Escapes S.L. and/or third parties engaged by it.
Article 06 Documents
1. A traveler who is in default shall owe statutory interest unless the terms and conditions of the relevant service provider stipulate a higher interest rate.
2. Furthermore, the traveler is obligated to reimburse Angling Escapes S.L. for any extrajudicial costs incurred in collecting the debt. This amount is equal to 15% of the amount claimed, with a minimum of €60, unless this amount is unreasonable in light of the collection efforts.
Article 07 Interest and Collection Fees
1. A traveler who is in default shall owe statutory interest unless the terms and conditions of the relevant service provider stipulate a higher interest rate.
2. Furthermore, the traveler is obligated to reimburse Angling Escapes S.L. for any extrajudicial costs incurred in collecting the debt. This amount is equal to 15% of the amount claimed, with a minimum of €60, unless this amount is unreasonable in light of the collection efforts.
Article 08 Disputes
1. All disputes between Angling Escapes S.L. and the traveler shall be governed by Spanish law. Only a Spanish court shall have jurisdiction to hear such disputes.
2. Complaints regarding reservations.
Complaints regarding a reservation made by Angling Escapes S.L. may be submitted in writing to Angling Escapes S.L. no later than three days after the end of the reserved service or, if the trip did not take place, up to one month after the original departure date stated in the travel documents.
3. Complaints regarding advice and information.
Complaints regarding advice and information provided by Angling Escapes S.L. must be submitted in writing and with a statement of reasons to Angling Escapes S.L. within one month of the traveler becoming aware of the facts to which the complaint relates, but in any case within one year of the advice or information being provided.
4. The traveler has the right to bring the matter before the competent court.
5. Any right to claim expires one year after the end of the booked service or, if the trip did not take place, one year after the original departure date. The right to claim also expires one year after the provision of services by Angling Escapes S.L. if the complaint relates to such services.
Participation in trips organized by Angling Escapes S.L. is at all times entirely at the traveler’s own risk.
Angling Escapes S.L. will assume its obligations toward the traveler as set forth in a binding opinion issued by the Magistrate’s Court, unless it has submitted the binding opinion to the Court for review within two months of the date of the opinion. For this guarantee to apply, the traveler must submit a written request to that effect.
Article 09 Cancellation
We recommend that all customers purchase travel and cancellation insurance from an insurance provider.
1. The customer may make changes free of charge up to 7 business days after the reservation is made, unless it is a last-minute reservation.
2. If the reservation is canceled more than 7 days after it is made, 50% of the reservation amount will be retained.
3. If the reservation is canceled within 8 weeks of arrival, 100% of the payment will be retained.
4. For last-minute reservations made 1 month prior to the arrival date, no refund of the travel cost will be provided.
Article 10 Online Calendar
Although we use a fully automated booking system that sends the owner an immediate confirmation email for your booking, some boat owners unfortunately still use a less automated system.
And although we process bookings in our automated calendar as soon as we receive them from the owner, there may be some delay in the processing. That is why we always double-check your booking with the owner to prevent errors.
In the unlikely event that the owner has already received a booking that hasn’t yet been processed in our system, we’ll contact you as soon as possible. We’ll then work with you to see if you can reschedule the date, if we can offer you an alternative location, or if we can immediately refund your deposit to your account.
Article 11 Publication of photographs and/or information
The venues we partner with have granted us the right to collect photos they post on social media. By granting the owner permission to publish these photos, you have also granted us the right to use them for advertising purposes. If you have any concerns about the publication of a photo, please contact us.
Article 12: Online Store, Sale of Products
1. Applicability and Scope
The provisions in this article apply to all agreements entered into via the online store at anglingescapes.nl, whereby products (including boilies, tackle, and related items) are sold to consumers. The remaining provisions in these Terms and Conditions pertain to travel agency services and do not apply to the online store, unless expressly stated otherwise.
2. Seller
The webshop is operated by Angling Escapes S.L. Products are purchased and logistically processed through All Carp Products (Netherlands) and its suppliers. The agreement is concluded between the consumer and Angling Escapes S.L.
3. Applicable Law for
Consumer Sales The agreement is governed by Spanish law, provided that consumers residing in another EU member state may always invoke the mandatory consumer protection provisions of the law of their country of residence (Article 6 of the Rome I Regulation). For consumers in the Netherlands, the provisions of the Dutch Civil Code regarding consumer sales and distance selling (Book 6 and Book 7 of the Dutch Civil Code) remain applicable.
4. Offer and Agreement
All offers in the webshop are non-binding and valid while supplies last. Obvious errors or mistakes in price, description, or image are not binding on Angling Escapes. The agreement is concluded at the moment the consumer has completed the order and Angling Escapes has confirmed it electronically.
5. Prices
All prices are in euros and include VAT, unless expressly stated otherwise. Shipping costs are shown separately during the ordering process before the agreement is concluded.
6. Payment
Payment is made via the payment methods offered in the webshop. The order is processed upon receipt of payment. In the case of a manual bank transfer, the order will only be shipped after the full amount has been received.
7. Delivery and Risk
Products are delivered to the address provided by the consumer within the European Union. The stated delivery times are indicative and do not constitute a strict deadline. If a delivery is delayed by more than 30 days, the consumer has the right to terminate the agreement free of charge. The risk of damage or loss passes to the consumer upon delivery to the specified address.
8. Right of Withdrawal
The consumer has the right to terminate the agreement without giving any reason within a period of 14 days, starting on the day after receipt of the product. To exercise this right, the consumer must notify us in writing (by email to support@anglingescapes.nl) or via the model withdrawal form within the specified period.
After cancellation, the consumer has another 14 days to return the product. The product must be returned unused and, to the extent reasonably possible, in its original packaging. Angling Escapes will refund the full purchase price, including the original shipping costs, within 14 days of receiving the returned item or proof of return, whichever occurs first.
9. Exceptions to the Right
of Withdrawal Pursuant to Article 6:230p of the Civil Code, the right of withdrawal is excluded for:
- Sealed products that cannot be returned for hygiene or health reasons if the seal has been broken after delivery. This includes, among other things, opened packages of boilies, feed, dips, liquids, and other edible bait items.
- Products that have been custom-made or manufactured according to the consumer’s specific wishes.
Unopened, sealed products may, however, be returned within the 14-day period.
10. Return
Costs The direct costs of returning products upon cancellation are the responsibility of the consumer, unless Angling Escapes expressly states otherwise or the product is defective.
11. Conformity and warranty
Angling Escapes guarantees that the delivered products comply with the agreement and with the reasonable expectations the consumer may have of them (Article 7:17 of the Dutch Civil Code). In the event of a lack of conformity, the consumer is entitled to free repair, replacement, or, if this is not possible, a refund of the purchase price, in accordance with the statutory provisions.
12. Goodwill Policy for Quality Complaints
In addition to the statutory conformity provisions, Angling Escapes offers a goodwill policy for valid complaints regarding the quality of delivered products. If the consumer submits a substantiated complaint regarding the quality of a product within 14 days of receipt, Angling Escapes will, at its discretion, offer a replacement product of comparable value. This policy supplements the consumer’s statutory rights and does not detract from them. A refund will only be offered if replacement is not reasonably possible.
13. Complaints
Complaints regarding the performance of the agreement must be reported to support@anglingescapes.nl in full and clearly described within a reasonable period after the consumer has identified the defects. Angling Escapes strives to respond substantively to complaints within 14 days of receipt.
14. Disputes and ODR
Disputes between the consumer and Angling Escapes may be submitted to the European ODR platform via https://ec.europa.eu/consumers/odr. Without prejudice to the possibility of dispute resolution via the ODR platform, the consumer is free to submit the dispute to the competent court.
15. Liability
Angling Escapes’ liability for damages arising from or in connection with an agreement concluded via the webshop is limited to a maximum of the invoice amount of the relevant order, except in cases of intent or gross negligence. Liability for indirect damages, including consequential damages, lost profits, or lost savings, is excluded to the extent permitted by law.
Customer Portal:
Access to the Customer Portal
The customer can access the Customer Portal using personal login credentials. These login credentials are strictly personal and must not be disclosed to third parties. The customer is responsible for ensuring the confidential use of his or her login credentials.
Use and Responsibility
The customer is responsible for all activities that take place via the customer portal using his or her account. The customer must use the portal in accordance with these terms and conditions and applicable laws and regulations.
Accuracy of Data
The customer is responsible for ensuring that the data provided via the customer portal is correct, complete, and up-to-date. Angling Escapes is not liable for any damage resulting from incorrect or incomplete information provided by the customer.
Availability
Angling Escapes strives to ensure the highest possible availability of the customer portal but cannot guarantee uninterrupted access. Angling Escapes is entitled to temporarily suspend the customer portal for maintenance, updates, or other technical reasons.
Security
Angling Escapes takes appropriate technical and organizational measures to secure the customer portal. However, Angling Escapes is not liable for damages resulting from unauthorized access, unless there is intent or gross negligence.
Abuse
In the event of suspected abuse, unauthorized use, or a security incident, the customer must report this immediately. Angling Escapes reserves the right to temporarily or permanently block access to the customer portal in the event of abuse.
Changes and Termination
Angling Escapes reserves the right to modify or terminate the customer portal (in whole or in part). If this has a material impact on the service, the customer will be informed in a timely manner.
Liability
To the extent permitted by law, Angling Escapes is not liable for indirect damages resulting from the use or inability to use the customer portal.
Closing the Account
The customer may close his or her account in the Angling Escapes customer portal at any time, provided the conditions below are met.
Outstanding obligations
Closing the account is not possible as long as
:- There is an outstanding payment; and/or
- There is a reservation or other agreement linked to the account that has not yet taken place or been fully completed.
Follow-up period after reservations
After a reservation, booking, or other obligation has been fully completed, the account remains active for a period of six (6) months. This allows for any necessary communication, refunds, guarantees, or other follow-up. The account can only be closed after this period has expired.
Consequences of closure
Upon closure of the account, access to the customer portal will expire. Angling Escapes processes and stores personal data in accordance with applicable laws and regulations and the applicable privacy policy.
Newsletter:
When you make a reservation, your email address will be added to our newsletter list. If you do not wish to receive the newsletter, you can easily unsubscribe at the bottom of the newsletter. You can also send us an email at info@anglingescapes.nl and indicate that you do not consent to this. We will then unsubscribe you immediately.
You can find all information regarding your privacy at Angling Escapes S.L. in our Privacy Policy.