ARTICLE 1. | DEFINITIONS

1. In these general terms and conditions the following terms (both singular and plural) are used with the meanings set out below, insofar as not otherwise follows from the nature or tenor of the clauses.
2. Supplier: the user of these general terms and conditions, the Dutch Association for Surgical Oncology, established in Utrecht, registered in the trade register under Chamber of Commerce number 40479749.
3. Consumer: any natural person with whom the supplier has concluded or intends to conclude an agreement and, insofar as applicable, the natural person(s) on whose behalf e-tickets are ordered.
4. Website: the website of the supplier on which the offer of e-tickets is revealed and the agreement is concluded.
5. Agreement: any agreement concluded between the supplier and the consumer via the website in the sense of Article 6:230g(1)(e) of the Civil Code (distance contract).
6. E-ticket: the e-ticket to be supplied to the consumer by or on behalf of the supplier within the framework of an agreement.
7. Organizer: the party responsible for the implementation of services to which the e-ticket purchased by the consumer relates.
8. Services: the services to which the e-ticket relates, to be provided by or on behalf of the organiser.
9. Right of cancellation: the possibility offered by law to the consumer to cancel the contract up to 14 days after the conclusion of the contract.

ARTICLE 2. | GENERAL PROVISIONS

1. These general terms and conditions apply to every offer from the supplier to which these terms and conditions are explicitly declared applicable and every contract that is concluded.
2. These general terms and conditions shall also apply to agreements for the execution of which third parties are involved, such as organizers. These general conditions are also stipulated for the benefit of these third parties. They may also invoke the provisions of these general terms and conditions against the consumer.
3. Before the agreement is concluded, the text of these general conditions will be made available to the consumer on the website so that the consumer can easily save these general conditions on a durable data carrier.
4. The provisions of these general terms and conditions can only be deviated from explicitly and in writing.
5. Annulment or nullity of one or more of these provisions shall not affect the validity of the remaining provisions. In such a case the parties are obliged to enter into mutual consultation in order to reach a substitute arrangement with regard to the clause affected. In doing so, the purpose and tenor of the original provision shall be taken into account as much as possible.

ARTICLE 3. | OFFER AND REALIZATION OF AGREEMENTS

1. All prices and offers of the supplier are without obligation.
2. The consumer cannot derive any rights from an offer from the supplier that contains an apparent error or mistake.
3. A contract is concluded when the consumer's order has been confirmed by the supplier by e-mail and the consumer has fulfilled all the conditions stated in the offer.
4. The supplier's records serve as prima facie evidence of the existence, content and performance of the contract, subject to evidence to the contrary from the consumer who relies on the fact that the evidence is not reliable.
5. Before placing the order, the consumer must pay close attention to whether he is ordering the correct e-tickets. Subject to the provisions of the remainder of these General Terms and Conditions, the supplier is not obliged to exchange or apply refunds to e-tickets once sold.

ARTICLE 4. | DELIVERY AND EXECUTION

1. Unless expressly agreed otherwise, the e-ticket, after payment has been made in the prescribed manner, will be sent by email to the email address provided by the consumer. The supplier never bears any liability for damage caused by the consumer providing incorrect or incomplete information when ordering.
2. The consumer must print out the e-ticket and bring it with him to the event in question so that it can be scanned. Without a valid e-ticket the consumer has no right to use the services.
3. The consumer must show his e-ticket at the first request of the organizer during the performance of the services. The organizer also has the right to ask for a valid ID, which the consumer is obliged to show immediately.
4. The e-ticket has a unique barcode, is therefore only usable once and makes copying e-tickets useless. Misuse can be reported.
5. E-tickets must be printed with a clearly visible barcode. The consumer is responsible for this. In case of uncertainty in this matter, the organizer may exclude the consumer from using the services and the consumer will not claim a refund of money or replacement of the e-ticket.
6. Any delivery times quoted for e-tickets are indicative only. The supplier shall ensure that the e-tickets are delivered in good time before the services are performed.
7. The consumer is obliged to check whether the e-ticket meets the requirements of the agreement upon delivery. If this is not the case, the consumer must inform the supplier in writing, stating reasons, as soon as possible, or at least as soon as observation was reasonably possible. If it transpires that the e-ticket supplied does not comply with the agreement, the supplier shall ensure rectification. If rectification is impossible, the consumer shall claim a proportional refund of the payments he has made in this regard.
8. E-tickets lose their validity on the expiry of the validity date indicated on them.
9. The supplier is not responsible for the execution of the services if he does not act as an organiser himself. In such cases, the supplier shall also not be responsible for the course of events in and around the location of performance. Furthermore, except in the case of intent or deliberate recklessness on the part of the supplier, he can never be held liable for damage as a result of death, injury, accidents, hurt, loss, damage or theft caused during or as a result of the execution of the services.
10. During the performance of the services, the consumer should comply with instructions given by or on behalf of the organizer or the competent authority. The consumer must inform himself of instructions given by or on behalf of the organizer or the competent authority, as well as of changes relating to the services, such as the starting time and the like.

ARTICLE 5. | CANCELLATION OR TRANSFER BY THE ORGANIZER

The organizer has the right to move or cancel the services. In such a case the supplier will try to find a suitable solution. In the event that the services are cancelled or moved, the supplier will do his best to inform the consumer as soon as possible. However, the supplier cannot guarantee that the consumer will be informed in time and therefore bears no responsibility whatsoever for any costs incurred by the consumer in this regard.

ARTICLE 6. | RIGHT OF RESCISSION FOR CONSUMERS

The right of rescission is excluded in case the e-ticket concerns the provision of services at a certain time or during a certain period, and the services relate to any of the following:

• leisure activities;
• catering;
• provision of accommodation other than for residential purposes;
• transportation of goods;
• car rental services.

1. In case the e-ticket provides for the delivery of services that do not meet the conditions of the previous paragraph, the consumer has the right to dissolve the contract without giving reasons up to 14 days after the conclusion of the contract, however, if the performance of the services takes place within this cooling-off period, the right to dissolve the contract will lapse after the performance of the services, provided that:
2. the performance has begun with the express prior consent of the consumer;
3. the consumer has declared to waive his right of dissolution once the services have been performed.
4. The provisions of the previous paragraph are without prejudice to the other legal possibilities of the supplier to invoke the exclusion of the right of dissolution.
5. The consumer who makes use of the right of rescission, can rescind the agreement by making a request to the supplier by email or by using the model form for rescission offered by the supplier. As soon as possible after the supplier has been informed of the consumer's intention to rescind the contract and if the conditions of this article have been met, the supplier shall confirm the rescission by e-mail.
6. The supplier shall return to the consumer the payments received from the consumer as soon as possible but no later than fourteen days after the dissolution of the contract.
7. Where the right of rescission is exercised following a request in accordance with paragraph 2, the consumer shall owe the supplier an amount which is proportionate to that part of the obligation performed by the supplier at the time when the aforementioned right is exercised, compared with the full performance of the contract. The proportionate amount to be paid by the consumer to the supplier shall be calculated on the basis of the total price as laid down in the contract. If the total price is excessive, the proportionate amount shall be calculated on the basis of the market value of the part of the services performed.

ARTICLE 7. | FORCE MAJEURE

1. The supplier and organizer are not obliged to fulfill any obligation under the contract if and for as long as they are hindered to do so by a circumstance that they under the law, a legal act or in society prevailing views can not be attributed. These circumstances include in any case: extreme weather conditions, failure of (tele)communication means and strikes of staff or non-subordinate auxiliary persons.
2. If the force majeure situation makes the performance of the agreement permanently impossible, the parties are entitled to dissolve the agreement with immediate effect.
3. Damage as a result of force majeure, other than restitution of funds in proportion to that part of the contract affected by force majeure, shall never be eligible for compensation.

ARTICLE 8. | PRICES AND PAYMENTS

1. Before the agreement is concluded, the total price payable by the consumer is stated, including VAT and any other costs.
2. The amounts payable by the consumer should be paid in advance, in (one of) the manner(s) as prescribed, unless expressly agreed otherwise. In case of prepayment, the supplier is not obliged to execute the agreement before the prepayment has been made.
3. In the event of technical failures of any nature whatsoever as a result of which payments cannot be processed and/or authorized, or cannot be processed and/or authorized correctly or in a timely manner, the supplier bears no liability.
4. In the event of payment in arrears and if payment is not made on time, the consumer shall be in default by operation of law. From the day the consumer is in default, he owes the then current statutory interest on the outstanding amount. All costs for the payment of amounts due in respect of which the consumer is in default, such as (extra) judicial and execution costs, shall be for his account.
5. The provisions of the previous paragraph are without prejudice to the rights of the supplier as referred to in Article 9.1.

ARTICLE 9. | NON-PERFORMANCE OF THE CONTRACT

1. The supplier is, if the circumstances justify this, authorised to suspend the execution of the contract or to dissolve the contract with immediate effect, if the consumer does not fulfil, does not fulfil on time or does not fully fulfil his obligations from the contract, or if after the conclusion of the contract circumstances come to the supplier's knowledge that give him good reason to fear that the consumer will not fulfil his obligations.
2. Notwithstanding the provisions of Article 6, the consumer only has the authority to dissolve the contract if the supplier, after having given a proper notice of default in writing, as detailed as possible, setting a reasonable term for remedying the shortcoming, fails imputably in the fulfilment of essential obligations under the contract.
3. Amounts which the supplier has invoiced or will invoice in connection with what it has already performed or delivered in execution of the agreement remain due in full.

ARTICLE 10. | LIABILITY

1. The supplier is not liable for misunderstandings, mutilations, delays or improper transmission of data and messages resulting from the use of the Internet or any other communication tool.
2. The supplier and organizer are not responsible for the suitability of the use of the services by the consumer.
3. The supplier is not liable for damage which the consumer suffers as a result of shortcomings of third parties who are (in)directly involved in the implementation of the contract, unless the damage is the result of intent or conscious recklessness of the supplier.
4. If, despite the provisions in these general conditions, the supplier is still liable, that liability shall be limited to at most the invoice value of the agreement, or at least to that part of the agreement to which the supplier's liability relates.
5. The supplier shall at all times be entitled to remedy the consumer's damage for which the supplier is liable. The consumer must give the supplier the opportunity to do so, failing which any liability of the supplier in this respect shall lapse.
6. A ground that could give rise to a claim for compensation must be submitted in writing to the supplier at the latest within one month of the consumer discovering or reasonably being able to discover the damage, failing which the right to compensation shall be extinguished.
7. The consumer is obliged to indemnify the supplier against all third-party claims arising from or related to the contract, except insofar as these claims are the result of intent or deliberate recklessness on the part of the supplier.

ARTICLE 11. | COMPLAINTS

1. Complaints relating to the execution of the agreement shall be submitted to the supplier by e-mail, fully and clearly described, within a reasonable time after the consumer has noted the defects.
2. Complaints submitted to the supplier shall be answered within a period of fourteen days after receipt. If a complaint requires a longer processing time, a response shall be given within the period of fourteen days with an acknowledgement of receipt and an indication of when the consumer can expect a more detailed answer.

ARTICLE 12. | FINAL PROVISIONS

1. On every agreement and all resulting legal relations between the consumer and the supplier, exclusively Dutch law is applicable.
2. Parties will not appeal to a judge before they have made an optimum effort to settle the dispute in mutual consultation.