Customer: the natural or legal person acting in the exercise of profession or business, with whom TW Photography Adventures enters into the Agreement. 

1.2.GeneralConditions: these terms and conditions.

Service(s): the services offered by TW Photography Adventures as described in the Agreement or on the Website.

1.4.Intellectual Property Rights: rights (of intellectual property) including but not limited to copyrights, database rights, domain names, trade name rights, trademark rights, design rights, neighboring rights, patent rights, as well as rights to know-how.

1.5.Office hours: the time from 9:00 a.m. to 5:00 p.m. (Dutch time) on business days (Monday through Friday), with the exception of official Dutch holidays and on days on which TW Photography Adventures has previously indicated to be closed.

1.6. TW Photography Adventures: TW Photography Adventures located at Kloosterstraat 7, 5074PN Biezenmortel, The Netherlands and registered with the Chamber of Commerce under number 94984018

1.7.Materials: all websites, (web) applications, house styles, logos, folders, brochures, leaflets, lettering, advertisements, marketing and/or communication plans, concepts, images, texts, sketches, documentation, advice, reports and (other) products of the mind, as well as preparatory material thereof and the data carriers on which these materials are located.

1.8. Quote: a Written offer made by TW Photography Adventures

1.9.Agreement: agreement between TW Photography Adventures and Customer under which TW Photography Adventures will (have) deliver the Service and/or product to Customer and of which the General Terms and Conditions are an inseparable part. This can for example be the agreement in the case of a purchased trip, but it can also be the purchase of a workshop or course.

1.10.Party(ies): TW Photography Adventures and Customer together or separately.

1.11.Written: in these general conditions, written also includes electronic communication, including communication by e-mail, provided that the identity of the sender and integrity of the content are sufficiently established.

1.12.Guide: partner(s) or hired employees of TW Photography Adventures who accompany Clients on events and trips.

1.13. Website: the website of TW Photography Adventures, accessible via the domain www.thiswayphotographyadventures.com, or associated subdomains. The content of the Website is compiled with the utmost care. However, TW Photography Adventures cannot guarantee that all information on the Website is at all times correct and complete. All prices and other information on the Website and in other materials originating from TW Photography Adventures are therefore subject to obvious programming and typing errors.

2.1.The General Conditions apply to all services, activities or offers of This Way (including, for example, trips, events and workshops) and the execution of (future) Agreements. 

2.2.The applicability of any purchase or other conditions of Customer is expressly excluded.

2.3.Deviations and additions to the General Terms and Conditions shall only be valid if agreed between the Parties in Writing. 

2.4. If it appears that incorrect information was provided by the Customer when accepting or otherwise entering into the Agreement, This Way is entitled to fulfill its obligation only after the correct information has been received.

2.5. This Way may investigate, within the limits of the law, whether the Customer is able to meet his payment obligations, as well as all facts and factors which are important for a responsible conclusion of the Agreement. If This Way has good grounds not to enter into the Agreement on the basis of this investigation, it shall be entitled to refuse an order or request, giving reasons, or to attach special conditions to the execution, such as advance payment.

3.1. An offer by This Way includes only that which is described in This Way's quotation or publication. Any alternative information provided by partners or Guides is not part of the offer.

3.2. An offer made by This Way shall be without obligation and shall be valid for a period of 24 hours. This Way shall not be obliged to accept an acceptance after this period has expired, but if This Way does so, the offer shall still be deemed to have been accepted. This Way is also not obliged to accept an acceptance if the maximum number of places for a trip has already been reached.

3.3. This Way shall only be bound by an acceptance, made by a potential Customer, which deviates (whether or not on minor points) from an offer made by This Way, if This Way expressly accepts the deviating acceptance In Writing.

3.4. The Agreement is established by the Customer's Written acceptance of the Quotation, completion of the online ordering process and confirmation of the order upon completion of the order and confirmation of the order by e-mail by This Way, or the Written acceptance of any other offer by This Way.

3.5. If Customer does not expressly indicate its acceptance of the Quotation or the offer, but nevertheless agrees, or gives that impression, that This Way performs work or supplies products that fall within the description of the Quotation or the offer, the Quotation or the offer shall be considered accepted. 

3.6.Apparent errors in the offer shall not bind This Way.

4.1. The duration of the Agreement is recorded in the Agreement. If no duration is stated, the Agreement is entered into for the duration of the Service purchased. The Agreement ends immediately after the end of the trip, workshop or event.

4.2.For a one-time Agreement, it shall continue for the duration of completion of the Agreement.

4.3.An Agreement cannot be terminated prematurely unless otherwise provided by these General Terms and Conditions or in writing.

5.1. This Way may suspend or terminate the Agreement at any time if:a.Customer is declared bankrupt;b.Customer has been granted suspension of payments;c.All or part of Customer's assets have been seized.

5.2.If the Customer defaults on any material obligation to This Way, This Way shall be entitled to suspend or terminate the Agreement.

5.3. This Way is authorized to terminate the Agreement prior to the commencement of the trip or event and refund any fees paid without being liable for compensation if:

a.The number of applications is less than the stated minimum number; 

b.A negative travel advisory is issued from the government for the planned travel destination;

c.There is a force majeure situation;d.The Customer has not paid on time (later than 30 days before departure);e.The Customer does not meet any pre-established participation requirements.

5.4. In the event of cancellation due to an insufficient number of registrations, This Way must inform the Customer in good time. Timely is in any case the number of days of the duration of the trip or event prior to the start of the trip or event.

5.5. The fee received by This Way shall be refunded to the Customer within 30 days in the event of cancellation by This Way. Any other expenses incurred, including (but not limited to) airline tickets, vaccinations, visas or insurance, shall not be reimbursed by This Way unless otherwise agreed in writing, This Way is required to do so by law or the cancellation is entirely due to carelessness or negligence on the part of This Way.

6.1.Workshops, events and trips are in principle not subject to the right of withdrawal. Only workshops or events for which no specific date has yet been set are subject to the right of withdrawal; in respect of these Services, Customer has a fourteen (14) day cooling-off period within which Customer may terminate the agreement without giving any reason.

6.2.Unless otherwise stated in these General Terms and Conditions, the Agreement or on the Website, Customer cannot terminate or cancel the Agreement.

6.3.Rescheduled or cancelled services may be cancelled or terminated contrary to the preceding paragraph. In the case of a rescheduled service, such cancellation must be communicated to This Way within fourteen (14) days of the announcement of the change.

6.4.Booked trips may be cancelled by the Customer at any time with immediate effect. If the traveler cancels due to a circumstance attributable to him, the Customer shall compensate This Way for the damage it suffers as a result of the cancellation. The compensation shall not exceed once the cost of the trip.

6.5.If the Customer cancels a travel contract due to circumstances not attributable to him, he is entitled to a refund or remission of the travel sum or, if the trip has already been partially enjoyed, a proportionate part thereof.

6.6. In the event of a cancellation or cancellation for reasons attributable to the Customer, the following cancellation charges shall in principle apply:

• For cancellation up to the 100th day (exclusive) before the departure day: the deposit.
• For cancellation from the 100th day (inclusive) to the 60th day (exclusive) before the departure day: 50% of the travel sum.
• For cancellation from the 60th day (inclusive) to the 30th day (exclusive) before the departure day: 75% of the travel sum.
• For cancellation from the 30th day (inclusive) to the 5th day (exclusive) before the departure day: 90% of the travel sum.
• For cancellation from the 5th day (inclusive) to the day of departure: the full travel sum

7.1.After the Agreement is established, This Way shall make every effort to inform the Customer as soon as possible about the execution of the Agreement. 

7.2. The Customer shall provide This Way with all support necessary and desirable to enable the correct and timely delivery of the Services. In any event, the Customer shall provide This Way with all data and other information which This Way indicates is necessary, or which the Customer should reasonably understand is necessary for the performance of the Agreement.

7.3. The parties endeavor to keep each other informed of all relevant developments related to the performance and participation in the Agreement.

7.4.This Way is entitled to engage third parties in the performance of the Agreement. 

7.5. Third party products and/or services may be part of the Agreement. If so, the terms and conditions of the third party may additionally apply to (the use of) those products and/or services.

7.6.This Way is entitled to engage third parties for the execution of the Agreement. Any associated costs shall only be borne by the Customer if agreed in advance.

7.7.In executing the contract, This Way is only obliged and responsible for the obligations described in the offer. Customer is himself responsible for the organization or execution of other wishes or necessities, such as booking airline tickets. 

8.1.All Intellectual Property Rights pertaining to the Service are and shall remain vested in This Way or its licensors.

8.2. The Intellectual Property Rights vested in photographs taken by Customers will vest in Customers unless the photographs were taken with express instructions from This Way or Guide. Customer grants permission to use the photographs for promotional and educational purposes.

8.3. This Way shall be entitled to take photographs during the performance of the Agreement and to use them for promotional and educational purposes, unless the Customer has expressly raised objections to this in Writing to This Way. The Customer waives his portrait rights in respect of these photographs. 

9.1 All prices stated on the Website and in other Materials originating from This Way are in Euros, inclusive of VAT and, unless otherwise stated, inclusive of other levies imposed by the government. 

9.2.The amount of the fee and the amount of any mandatory deposit will be included in the Agreement or indicated on the website. 

9.3.All prices in any offer or quotation and on the This Way Website are subject to obvious programming and typing errors. In the event of any inconsistency between the Web Site and the Agreement, the Agreement shall prevail at all times.

9.4.Customer is responsible for the payment of additional costs arising from his own actions.

9.5.This Way is authorized to increase prices in the event of interim unforeseen circumstances, such as unforeseen price increases by third parties, transportation, fuel prices, taxes or exchange rates.

9.6.The price increase from the previous paragraph will be announced no later than 20 days in advance. If the price increase exceeds 8%, then with respect to travel, the Customer has the right to terminate the contract.

10.1. Customer shall make payments to This Way in accordance with the payment methods indicated in the order procedure and on the Website, if any. In the case of trips, a deposit of five hundred (500) Euros will be made first, which the Customer must settle immediately. The remaining portion will be billed approximately 100 days prior to the trip. Other events, such as workshops, customer must settle immediately.

10.2. For last minute registrations for events or trips, the full amount must be paid immediately.

10.3. If payment has not been made in full, This Way shall send the Customer an invoice for the payment of (the remaining part of) the Agreement as soon as possible or at the agreed time. The payment term of this invoice is fourteen (14) days.

10.4 If the Customer fails to fulfil his obligation(s) to pay on time, he shall, after being notified of the late payment by This Way and after This Way has allowed the Customer a period of fourteen (14) days in which to fulfil his payment obligations, owe the statutory interest on the amount still due after the failure to pay within this 14-day period, and This Way shall be entitled to charge the Customer for the extrajudicial collection costs it has incurred. These collection costs shall not exceed:

• 15% on outstanding amounts up to €2,500; 
• 10% on the following €2,500. 
• 5% over the next €5,000 with a minimum of €40.

This Way may deviate from said amounts and percentages for the benefit of Customer.

10.5. This Way shall be entitled, to the extent permitted by law, to set off the Customer's claims against This Way against the claims, on whatever account, of This Way against the Customer.

11.1.This Way shall endeavor to meet all reasonable expectations with respect to the services and products offered.

11.2. Legal information obligations will be complied with by This Way.

11.3. This Way will comply with legal warranty measures

12.1.Customer shall fulfill all payment obligations.

12.2.Customer must take out his own travel insurance at all times when taking a trip.

12.3.If the Customer has any special wishes or requirements which This Way should take into account in the performance of the Agreement (such as information about allergies or medical conditions), the Customer should make these known in good time. The Customer himself is responsible for the timely provision, accuracy and completeness of such information.

12.4. Customer must have any necessary travel documents available at all times during trips.

12.5.During trips, Customer shall behave reasonably and follow instructions from This Way of Guide.

12.6.Customer is solely responsible for (timely) vaccinations and visa applications.

12.7. Customer must be present at the agreed destinations on time. The Customer is himself responsible for any transportation to or from the destination, such as arranging a plane ticket, unless otherwise indicated in Writing by This Way. The Customer must duly inform This Way of any arranged transportation.  

13.1.Customer is not entitled to assign the rights and obligations under the Agreement to a third party without This Way's Written consent.

13.2 Purchased package holidays may be transferred to another party up to seven (7) days before departure. For this This Way may charge a fee such as an administration fee. If the other person does not meet the requirements for the trip, This Way may refuse the transfer.

13.3 The Customer gives This Way the right in advance, without needing the express permission of the Customer, to transfer the whole or parts of the Agreement concluded between the parties to parent, sister, and/or subsidiary companies or a third party in the event of a merger or takeover. This Way shall notify the Customer if any such transfer has taken place.

14.1. This Way shall make every effort to ensure that the performance of the Agreement corresponds to the expectations that Customer may reasonably have on the basis of the Agreement and/or publications.

14.2.If the Customer has a complaint about a product, trip, event and/or about other aspects of This Way's service, the Customer may submit a complaint to This Way by telephone, email or post. See contact details at the bottom of the General Terms and Conditions.

14.3.Complaints of non-conformity shall be shared with This Way without delay so that there This Way has the opportunity to resolve the defect. 

14.4.This Way shall respond to the Customer's complaint as soon as possible, but in any event within five (5) working days of receipt of the complaint. If it is not yet possible to provide a substantive or definitive response, This Way shall, within five (5) working days of the receipt of the complaint, acknowledge the complaint and give an indication of the time within which it expects to provide a substantive or definitive response to the Customer's complaint.

15.1.If the Customer is a consumer, This Way shall in principle be liable for all direct damage resulting from wrongful acts or fault on the part of This Way. If the Customer is a business Customer, the damage shall be limited to twice the amount of the Agreement and the maximum liability shall never exceed what is paid out by This Way's insurer.

15.2.This Way shall not be liable for any damage, theft or loss that occurs during a trip but beyond the control of This Way.

15.3.This Way shall not be liable in any way for damage arising from intent or deliberate recklessness on the part of Customer.

15.4. With respect to damages covered by insurance, This Way is not liable. 

16.1 This Way may not be held to fulfil any obligation under the Agreement if performance is prevented as a result of force majeure. This Way cannot be held liable for any damage resulting from this.

16.2. In the event of force majeure, This Way is authorized to make changes to the length of a trip as necessary. Insofar as this is permitted by law, any necessary additional costs incurred shall be borne by the Customer.

16.3. Force majeure shall in any case include governmental obligations, pandemics, internal disturbances, mobilization, war, terror, strikes, import and export impediments, supply stagnation, natural disasters such as fire and floods.

17.1.This Way processes Customer's personal data in accordance with the privacy and cookie statement published on the Website.

18.1.This Way may make necessary and non-substantial amendments to the Agreement at any time. This Way may also make changes at any time pursuant to a legal obligation or for the benefit of the Customer. The Customer shall be informed of this without delay, unless the change is so minor that immediate notification is not considered necessary by This Way. 

18.2 Changes which are not necessary or which are more far-reaching may only be made by This Way after consultation with the Customer. If This Way implements or announces its intention to implement a major change without consultation or agreement, the Customer shall be entitled to terminate the Agreement in Writing within fourteen (14) days.

19.1.This Way may amend or supplement the General Terms and Conditions at any time. Customers may consult the most current version of the General Terms and Conditions on the Website at any time.

19.2. Non-substantive changes may be made at any time. Substantive changes are only effective on Agreements after publication of the changes.

20.1.The Agreement shall be governed by the laws of the Netherlands.

20.2.In so far as not otherwise prescribed by the rules of mandatory law, all disputes arising from or related to this Agreement shall be submitted to the competent court of the district in which This Way has its registered office, on the understanding that This Way is also entitled to submit the dispute to the court having jurisdiction on other grounds.

20.3 All the Customer's legal claims under the Agreement shall become time-barred - subject to provisions of mandatory law - after a period of one year from the day on which performance of obligations under the Agreement existing between the parties became due and payable. This article shall not affect the regular limitation period of This Way's claims.

20.4. If any provision of the Agreement is null and void or annulled, the other provisions of the General Terms and Conditions shall remain in full force and effect. The parties shall replace the void or voided provisions by new provisions, taking into account as much as possible the purpose and meaning of the void or voided provision.

If you have any questions, complaints or feedback on the terms and conditions please do not hesitate to contact us by email.

This Way
Kloosterstraat 7
5074PN Biezenmortel
Netherlands

Phone number: +31 (0)6 42 82 68 09
E-mail: hello@thiswayphotographyadventures.com
Chamber of Commerce: 82631425
VAT number: NL003714224B