New ANVR B2B Terms and Conditions
On 1 July 2018, the current ANVR B2B Terms and Conditions lapse. They are replaced by the ANVR Business Terms and Conditions (
www.anvr.nl/ businesstermsandconditions.pdf) or the ANVR Traveller Terms and Conditions (
www.anvr.nl/travellerterms.pdf). We would like to explain this change to you.
New Package Travel law
On 1 July 2018 the new Package Travel Agreement and Linked Travel Arrangement Act will enter into force as part of the Dutch Civil Code (Book 7, Title 7A). The old Travel Agreement Act did not clearly define the position of the business traveller, as a result of which the legal relationship between the business client and the busi- ness travel agent was clarified in the ANVR B2B Terms and Conditions.
The new legislation explicitly states that it also applies to the provision of business travel services, including the Meeting and Incentive (MICE) market, unless a frame- work agreement (or “general agreement”) has been concluded with the client. The services of travel agents targeting the business mar- ket will not change drastically under this new legisla- tion. The European legislator assumes that a distinction can be made between business trips purchased by small self-employed entrepreneurs/companies and business trips made by travellers from larger companies. The lat- ter group is assumed not to require the same level of protection as a consumer. At least according to the legis- lator’s reasoning, these organisations generally arrange their business trips on the basis of a framework agree- ment for business trips. Therefore, the new legislation provides that the Package Travel Agreement and Linked Travel Arrangement Act does not apply in the case of a framework agreement.
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Framework Agreement and new ANVR Business Terms and Conditions
Members of the Dutch Association of Travel Agents and Tour Operators (ANVR) that offer business trips or MICE trips currently use the ANVR B2B Terms and Conditions, which were drawn up specifically for business trips or MICE trips, in nearly all cases. These terms and conditions shall cease to apply on 1 July 2018. The ANVR Business Terms and Conditions replace these terms and conditions, but only in combination with a framework agreement. The ANVR has drawn up a model framework agreement for its members that specifies the reciprocal agreements between you and your ANVR business travel agent, such as the role of the travel company, the provision of ser- vices, payment, and complaint handling. Rates and oth- er company-specific matters will obviously be included in the framework agreement by your business travel agent in consultation with you (and not by the ANVR). The framework agreement and the new ANVR Business Terms and Conditions are inextricably linked, but you can make additions or changes.
No general agreement? The ANVR Traveller Terms and Conditions apply!
If there is no framework agreement in place, the ANVR Traveller Terms and Conditions shall apply by default to ANVR members as of 1 July 2018, irrespective of whether the traveller is a consumer or a business traveller.
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