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General terms and conditions NS International

Table of Contents:

Chapter 1 – Sales terms and conditions

Chapter 2 – Sales terms and conditions

Chapter 1 – Travel terms and conditions

§ 1 Travel terms and conditions for all NS International trains

Article 1 Definitions

In these General Terms and Conditions, the following terms shall have the following meanings:

Agent
a natural person or legal entity that has undertaken to a carrier to provide intermediary services in forming agreements and to possibly conclude these in the name of and on behalf of a carrier without being subservient to this carrier;

Checking in
the act by which (i) a Passenger holds a OV-Chipkaart next to a card reader at the start of their journey with NS International; (ii) the card reader checks whether the Product is valid and/or whether the balance on the Smart Card is sufficient and subsequently (iii) a text, sound and/or light signal is shown/emitted to indicate confirmation;

Checking out
the act in respect of NS International by which (i) a Passenger holds the OV-Chipkaart to check in next to a card reader at the end of their journey ; and (ii) the card reader checks whether the Product is valid and/or whether the Product is valid and or has sufficient balance and (iii) a text, sound and/or light signal is shown or emitted to indicate confirmation;

Day
a calendar day, running until 4.00 a.m. the following day;

Delay
a deviation observed and recorded by traffic control from the specific train’s Timetable, which deviation from the Timetable was not announced beforehand by NS International; Dutch Foundation for Consumer Complaints Boards the Dutch Foundation for Consumer Complaints Boards registered in The Hague. For more information about the complaints boards, please see the Dutch Foundation for Consumer Complaints Boards website (click on Commissies and then choose openbaar vervoer [public transport])

Fare Terms and Conditions
a specific combination of sales, travel, reservation, reimbursement and rebooking conditions on the one hand, and the Transport Price or manner of calculating the price on the other hand;

GCC
the general terms and conditions for transport of passengers by train, also known as ‘General Conditions of Carriage’ and also referred to as ‘GCC-CIV/PRR’;

General Terms and Conditions
these terms and conditions;

Hand Luggage
any easily carried, portable, movable or manually wheeled luggage a Passenger carries which fits in the storage areas provided;

Means of Transport
a train or other means of (rail) transport which is operated by NS International or otherwise and is intended for passenger transport;

Product
a valid season ticket, standing right, other one-off or other travel rights or admission rights with NS International or another carrier;

NS International
NS Internationaal B.V. or Thalys Nederland N.V.;

OV-begeleiderskaart
a ticket furnished by the competent authority for transport of a companion at no cost;

OV-Chipkaart
the contactless smart card bearing the OV-Chipkaart logo, which can be topped up and may be used as a receipt and/or Ticket for public transport, provided this relates to a valid Product and – in the case of travelling on an epurse balance – there is a sufficient balance. The OV-Chipkaart may be used for the products of one or more public transport companies.
Exclusively applicable to:
- ICE domestic route – no supplement required for holders of NS Reizigers B.V. season ticket (with a NS-Business card or OV-Breed subscription (including the student travel product) (general terms and conditions (AVR) apply) -InterCity Berlin domestic route – no supplement required (general terms and conditions (AVR) apply)
- Intercity Brussel domestic route -no supplement required (general terms and conditions (AVR) apply)

Passenger
any natural person (male or female) whether in the possession of a Ticket or otherwise who uses public transport and related services carried out by NS International;

Product
a valid season ticket, standing right, other one-off or other travel rights or admission rights with NS International or another carrier;

Route
a route operated by NS International which runs from one NS International Nederland station to another within the Dutch borders, and vice versa;

Ticket
the electronic or other receipt for the Passenger, based on which he/she is entitled to use the Vehicle and/or gain access to the station as indicated or electronically recorded on the receipt. This receipt may consist of several portions and include a reserved seat, and may pertain to more than one transport agreement;

Timetable
the schedule furnished by NS International, listing travel possibilities with Means of Transport operated by NS International;

Transport Price
the amount which the Passenger must pay under a transport agreement for the transport and related services to be furnished by NS International.

Article 2 Applicability, availability and scope

1. This chapter applies to the transport agreement concluded with NS International to provide rail transport for Passengers. This chapter therefore does not apply to transport agreements concluded by NS International on behalf of another carrier, hence, transport agreements between Passenger and other carriers.

2. Transport agreements concluded with NS International pertain solely to transport by trains operated by NS International. Transport by other trains are subject to separate transport agreements concluded between Passenger and the carrier operating those other trains, irrespective of whether the Passenger has one or more tickets.

3. The Fare Terms and Conditions apply in addition to the General Terms and Conditions.

4. All of NS International’s General Terms and Conditions and Fare Terms and Conditions may be consulted through the Internet at www.nsinternational.nl. They are also available upon request at NS International’s sales outlets. Finally, at the Passenger’s request, they may be sent by post at no cost.

5. If a Passenger concludes an agreement through NS International with another railway company for travel within or outside the territory of the Netherlands following travel with NS International, NS International shall act as the Agent for this other railway company. The transport agreement shall then be formed between the Passenger and this other railway company. The general terms and conditions of transport deployed by such railway company shall apply to this agreement.

Article 3 NS International’s obligations

1. On Routes operated by NS International, NS International undertakes to transport Passengers and – if applicable – their Hand Luggage, children and/or animals travelling with them, to or in the direction of the destination stated on the Ticket. Such transport shall occur on payment of the Transport Price in accordance with the Timetable and within the period of validity for the Ticket.

2. If a Passenger is killed or injured as a result of a train accident on the Route, NS International shall immediately pay, in any event within 15 days after the identity of the natural person entitled to compensation has been determined, an advance which is sufficient to alleviate the immediate financial needs and which is proportionate to the harm suffered. Without prejudice to the above, the advance shall, in the case of death, be at least EUR 21,000 per passenger. An advance shall not imply acknowledgment of liability and may be set off against any amount paid later pursuant to these General Terms and Conditions, but shall not have to be paid back, unless the harm resulted from negligence or a wrongful act on the Passenger’s part, or the person receiving the advance was not entitled to compensation.

Article 4 The Passenger’s obligations

1. Upon receiving the Ticket, the Passenger must make sure that the Ticket is consistent with his instructions. Passengers using an OV-Chipkaart must ascertain they have checked in successfully.

2. At the carrier’s request, Passengers must show – by presenting Tickets – they have a right to the transport service which will be provided immediately, is being provided or has just been provided to them, their luggage and, if relevant, children or animals accompanying them. The Passenger must therefore possess a valid Ticket immediately before and during the trip, as well as up to and including the time they leave the station.

3. Passengers of 14 years or over must identify themselves at NS International’s request with a document which, under Article 1 of the Compulsory Identification Act, may be used to establish a person’s identity, even if Passengers are not travelling with a special ticket.

4. During the entire trip, Passengers must supervise children and animals accompanying them and may not place Hand Luggage on or near doors, aisles or seats.

5. Passengers may only travel in the class indicated on the Ticket or, if they so choose, a lower class, even if there are no seats in the class indicated.

Article 5 NS International’s rights

1. In exceptional circumstances of a temporary nature, NS International may deviate from the Timetable by transporting Passengers at other times, on other routes and with other Means of Transport.

2. NS International may withhold any services from Passengers, deny them access and, as appropriate, remove them if Passengers cannot show through a genuine, undamaged Ticket that they are entitled to the services they are using, have just used or are evidently about to use.

3. NS International may deny Passengers access to the Vehicle or station, give them instructions or, as a last resort, force them to leave the Vehicle or station if, in its judgment, Passengers, Hand Luggage or children and/or animals accompanying the Passenger are causing (or threaten to cause) a hazard, contamination or a nuisance.

4. NS International may inspect unattended, and, in situations where safety is or threatens to be an issue, attended Hand Luggage.

5. If Passengers do not fully comply with the obligations under article 4.2, NS International may require the agreements not shown to be concluded at once or again, subject to the associated financial obligations.

6. NS International may deny transport to Passengers under the age of 12 who are not accompanied by a person who is at least 18.

Article 6 The Passenger’s rights

1. a. Passengers may carry animals at no cost, provided they are placed in an easily portable basket, bag or similar object and do not occupy a seat. Dogs may also be transported in another manner, provided a ticket for them has been purchased and they are on a leash.
b. The obligation to have a Ticket for a dog shall not apply to guide dogs trained by the Royal Dutch Guide Dog Foundation or the Assistance Dogs Netherlands Foundation.

2. Passengers may carry, at no cost, no more than three items of Hand Luggage, provided this Hand Luggage can be transported in its entirety and simultaneously by the Passenger and the largest dimension of the object concerned does not exceed 85 centimetres. The luggage must fit in the designated storage areas. The particular Fare Terms and Conditions may allow larger Hand Luggage on seasonal trains (such as the Ski-Thalys).

3. Passengers may take along children under age 4 at no cost, provided:
a. Passengers supervise this child during the entire trip; and
b. this child does not need a seat.

4. Passengers with an impairment necessitating assistance may bring a companion along at no cost, provided they furnish proof of identity at NS International’s request and show an OV-Begeleiderskaart in their name.

5. Passengers with an impairment necessitating assistance getting in and off the train may receive assistance in getting in and off from NS International at no cost, provided the Passenger submits a request to the Disabled 4 Assistance Office for assistance in getting in and off the train, subject to the time periods applied by this Office. The request must indicate the Passenger’s name and a description of the assistance they wish to receive.

6. Passengers with an impairment necessitating a seat suitable for wheelchairs may reserve a wheelchair-suitable seat at the ticket counter of NS International, an Agent or by calling the NS International Service Center, provided Passengers have concluded a transport agreement with NS International and a wheelchair-suitable seat can be reserved and is available.

7. Passengers with an impairment necessitating a seat suitable for wheelchairs may, upon request and in concluding the transport agreement with NS International through NS International Service Center for a wheelchair-suitable seat, possibly be eligible for a fare which is only available for reservations through the Internet, provided Passengers have an OV-Begeleiderskaart and a pass for an exemption from transaction costs.

8. In the event of an organised, nationwide strike by NS International’s employees, Passengers may, upon request, receive compensation up to EUR 25 for the reasonable costs of substitute transport for the train if Passengers show the costs incurred by them, unless a situation referred to in Article 7.13(d) occurs.

9. If the carrier deviates from the Timetable referred to in Article 5.1, Passengers may dissolve the relevant transport agreement at no cost, insofar as the rights under this agreement have not yet been enjoyed.

10. Passengers travelling on a Dutch Route with a NSR subscription during its international journey (with exception of an international journey with Thalys) is in certain cases entitled to discounts. However, different discount periods and discount rates can apply. Check our website www.nsinternational.nl for discount periods and discounts rates. If Passengers travel on a Dutch Route with ICE, InterCity Berlin or InterCity Brussel, NSR conditions, which can be found on www.ns.nl, apply.

Article 7 Delays

1. If a train is cancelled or if, in the objective experience of the carrier, there will be a delay of more than 60 minutes in reaching the destination as indicated in the agreement, Passengers may, pursuant to paragraph 8 of this article: a) seek reimbursement of the costs for the Route for the part of the Route which was not carried out and/or the part which was carried out but no longer serves the purpose, as well as free transport back to the trip’s point of departure; or b) continue their Route, via a different route if necessary, as soon as such is possible but within 48 hours, insofar as NS International recommends using this different route.

2. If Passengers’ Tickets are also valid for the return trip and they are used in accordance with their itinerary, only the portion of the total fare corresponding to the outward trip shall be reimbursed.

3. A return to the Route’s point of departure or continuation on the Route shall only be possible through the carriers involved in performing the transport agreement. This must occur subject to conditions comparable to those of the original trip.

4. If the Passenger does not submit a claim under Article 7.1(a) above, the carrier shall provide the following compensation, calculated in accordance with paragraph 8 of this Article, for the delayed train:

-for a Delay of 60 minutes or more, 25% of the ticket price;

-for a Delay of 120 minutes or more, 50% of the ticket price.

Paragraphs 12 and 13 of this Article shall remain applicable.

6. Railway staff on the delayed train or other authorised personnel shall, upon request, confirm the Delay to the Passenger by making a note on the Ticket concerned.

7. Passengers must submit their claim for compensation within three months of the train trip ending by presenting the original Ticket to the party furnishing it or one of the carriers involved in performing the transport agreement. The claim must be submitted even if the carrier has confirmed the Delay.

8. The compensation shall be calculated based on the Transport Price which may be ascribed to the delayed train. If this part of the Transport Price is not specifically mentioned on the Ticket, the part of the Transport Price related to that part of the trip must be assumed.

9. The fare on which the compensation is based shall include additional costs (such as reservation costs or surcharges) but not booking costs.

10. Reimbursement and compensation requests in case of cross-border journeys shall be processed by NS International Service Center within one month of the request being made. Amounts of less than EUR 4 shall not be paid out. The carrier shall pay the financial transaction costs.

11. Contrary to the preceding paragraphs, Passengers with a season ticket may request appropriate compensation if Passengers repeatedly experience Delays or cancellations during the term of the season ticket.

12. If Passengers cannot continue their trip on the same day in accordance with the transport agreement because of a cancelled or delayed train or missed connection, or if continuation of the trip on the same day cannot reasonably be expected given the circumstances, the carrier shall reimburse the reasonable costs of informing persons waiting for Passengers, and the carrier shall: a) offer reasonable accommodation, including necessary transport between the train station and the accommodation location; or b) reimburse reasonable accommodation costs, including necessary transport between the train station and the accommodation location. The carrier may offer alternative transport (such as by bus, underground or taxi). If the carrier offers alternative transport, the right to accommodation described in this article shall no longer apply.

13. NS International shall be exempted from liability for protracted Delays, if Passengers were notified of the Delay before they purchased their Ticket. NS International shall be exempted from liability for non-continuation of the trip on the same day, if the incident was caused by: a) circumstances which were unrelated to the railway activities and which NS International could not have prevented, despite the fact that it made the necessary efforts in the specific circumstances of the case, and the consequences of which the carrier could not prevent ; b) a Passenger mistake; c) the actions of a third party which, despite the duty of care required in the circumstances of the case, the carrier could not avoid and the consequences of which it could not prevent; another company using the same railway infrastructure shall not be considered a third party; or d) curtailment of transport services as a result of strikes about which Passengers were adequately informed.

14. Without prejudice to these General Terms and Conditions, NS International shall not be liable for damage caused by Delays which, regardless of the cause, occurred before, during or after the transport.

Article 8 Privacy

1. If Passengers do not wish to receive information from NS International, NS companies and/or cooperating partners about relevant services and products, they can indicate this through www.nsinternational.nl or to: NS International Service Center
P.O. Box 2552,
3500 GN Utrecht, the Netherlands

2. NS International reserves the right to carry out camera-assisted monitoring. Such monitoring shall occur in accordance with the provisions of the Personal Data Protection Act.

NS International processes Passenger data in accordance with the statutory criteria for sound and reliable data processing as well as the additional requirements laid down in internal privacy policy rules and sectoral codes of conduct for the use of OV-Chipkaart and direct marketing. Where possible, NS International will anonymise your data in order to protect your privacy.

NS International uses Passenger data purely for business purposes and does not disclose it to third parties except where required in order to ensure smooth operation of your Ticket in the national OV-Chipkaart system or in instances in which NS International is statutorily required to disclose it. The ‘responsible party’ within the meaning of the Dutch Personal Data Protection Act is NS Groep N.V. If NS International uses Passenger data for direct marketing purposes, the Passenger in question is entitled to obstruct such use. Passengers are entitled to inspect any data about them that is kept by NS International and to request NS International to amend any incorrect data.

Article 9 Complaints and Disputes

1. Complaints and compensation requests related to cross border journeys may be submitted in writing to:
NS International Service Center
P.O. Box 2552
3500 GN Utrecht, the Netherlands

2. Complaints and compensation requests relating to Tickets issued by NS International shall be dealt with, provided the complaint was received by NS International within two calendar months after the fact to which the complaint relates occurred.

3. NS International shall respond in writing to the written complaints referred to in paragraph 2 within four weeks or notify the Passenger of the reasonable period required for a response. Such notice may also contain a request to furnish additional information and submit additional supporting documents which, in NS International’s judgment, are necessary for the response.

4. Depending on the nature of the complaint, there are three agencies to which the Passenger may turn if the Passenger disagrees with the manner in which NS International has disposed of his/her complaint referred to in paragraph 2:
- the Dutch Foundation for Consumer Complaints Boards, see paragraph 5; or
- the Ministry of Infrastructure and Environment’s regulatory body, see paragraph 8; or
- the Civil judge.

5. If Passengers disagree with the manner in which NS International has disposed of their complaint referred to in paragraph 2 and this compliant pertains to the formation or performance of the transport agreement concluded with NS International, or if the complaint is so closely related to the performance of such a transport agreement concluded with NS International that it may reasonably be understood to pertain to a part of that agreement, the Passenger may submit the complaint in writing or electronically to:
Dutch Foundation for Consumer Complaints Boards
P.O. Box 90600
2509 LP Den Haag, the Netherlands. www.degeschillencommissie.nl

6. The Dutch Foundation for Consumer Complaints Boards shall not in any event have jurisdiction over a complaint if and insofar as this pertains to a Passenger’s death, illness or injury, nor over disputes relating to incidents occurring outside the territory of the Netherlands.

7. A complaint may not be filed with the Dutch Foundation for Consumer Complaints Boards until after the complaint has been submitted in writing to NS International and disposed of by NS International. Passengers must present the dispute to the Dutch Foundation for Consumer Complaints Boards within three months after receiving NS International’s written decision. Subject to the provisions of the applicable regulations, the Dutch Foundation for Consumer Complaints Boards shall, through a binding ruling, decide the disputes presented to it.

8. The Ministry of Infrastructure and Environment has designated a regulatory body with respect to enforcement of Regulation No. 1371/2007 of the European Parliament and Council of 23 October 2007 on rail passengers’ rights and obligations. This regulatory body handles complaints regarding alleged violations of the aforementioned Regulation, provided the complainant has presented his complaint to the carrier concerned first and, in the complainant’s judgment, this carrier was unable to resolve the complaint. The Inspectorate of Living Environment and Transport is the regulatory body in this instance, and may be contacted through: Website: www.ilent.nl; or Telephone number: (+31) (0)88–4890000.

9. The above shall not affect the civil court’s jurisdiction to hear disputes between NS International and Passengers.

Article 10 Miscellaneous provisions

1. Passengers may not take or have the following objects with them at stations or during transport:
- dangerous goods within the meaning of the Regulations concerning international carriage of dangerous goods by rail (RID -Appendix C to the COTIF) or goods which, because of their chemical or other properties, may otherwise pose a risk to health, safety or business operations;
- guns, ammunition, other weapons such as antique guns, swords, knives (with the exception of legally permitted pocketknives), or pointed or blunt weapons;
- items which may not be transported under the applicable laws, regulations or rules of a State from which, through which or to which Passengers are travelling; - other objects which, in NS International’s reasonable judgment, are not suitable for transport in the manner employed by NS International, because of their weight, size, shape, scent or nature.

2. Passengers who:
- pose or may pose a threat to the safety of other Passengers, employees of NS International, the rail infrastructure manager or employees of another railway company;
- are a nuisance to or harasses other Passengers or employees or servants or agents of NS International, another railway company or the rail infrastructure manager;
- misuse Tickets, Means of Transport or facilities (such as emergency brakes, emergency buttons or emergency exits), or use Means of Transport or facilities at a time they are not available for use, use them in a different manner than that for which they are intended or damage them;
- do not comply with the instructions of the employees or servants or agents of NS International, another railway company or the rail infrastructure manager;
- otherwise cause or could cause disturbances or threats to safety or business operations; or
- are under the age of 12 and are travelling without being accompanied by a person who is at least 18, shall be denied access to the Means of Transport and other facilities or may be removed in transit, without being entitled to a refund of the Transport Price and without prejudice to the Passenger’s obligation to compensate the full damage which NS International has suffered as a result. If an emergency brake or emergency button is misused, Passengers shall also owe an immediately due and payable penalty of EUR 125. If Tickets are misused, Passengers shall also owe an immediately due and payable penalty of EUR 100, without prejudice to the right to damages.

3. If, during an exit control or upon leaving the station through the entrance points, Passengers do not have a valid Ticket, the Transport Price owed shall be equivalent to a price of EUR 50. NS International may also impose a penalty on Passengers in accordance with paragraph 4 of this Article.

4. Passengers not displaying a valid Ticket, or interfering with or preventing Ticket controls, shall, as demanded by NS International, owe a penalty of EUR 50 besides any Transport Price or supplemental Transport Price owed.

5. NS Internationaal B.V. and Thalys Nederland N.V. may act as carriers within the meaning of these General Terms and Conditions for purposes of § 1 and § 2. These carriers are separate companies and are not a joint venture in any way whatsoever. NS International is not a company, but an umbrella brand name.

Article 11 Applicable law

Any agreement between the Passenger and NS International shall be governed by Dutch law, as in effect at the time of the dispute.

§ 2 Travel terms and conditions for specificback to top

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Article 13 Terms and Conditions for the ICE International train

1. This Article shall apply to transport agreements concluded with NS International and relating to the ICE International train, insofar as these transport agreements are performed within the territory of the Netherlands. The ‘ICE International train’ shall mean: the rail connection between Amsterdam and Frankfurt, Germany /Basel, Switzerland, which partly takes place on high-speed rails.

2. Passengers may reserve a seat before the scheduled start of the cross-border transport to be carried out by NS International, provided Passengers have concluded a transport agreement for the transport concerned prior to the reservation (or concludes this simultaneously with the reservation) and can present the accompanying Ticket or, in the case of remote reservations, indicate the Ticket number.

3. Passengers may not bring carts, mopeds, bicycles, motorcycles, scooters, mobility scooters or similar Means of Transport..

4. Passengers may bring a collapsible bike, provided it is folded up and packed up.

5. Passengers traveling on the ICE International train on a Dutch Route who have an NSR season ticket have to be in the possession of a valid supplement. A supplement is not required for Passengers with an NSR season ticket, which includes the NS-Business card, a season ticket for all forms of public transport, as well as the student travel card).

6. When purchasing an ICE International supplement on board the ICE International train, the Passenger will pay a fixed amount of EUR 5,- regardless route or comfort class.

Article 14 Terms and Conditions for the Intercity Berlin train

1. This Article applies to transport agreements concluded with NS International and relating to the Intercity Berlin train, insofar as these transport agreements are performed within the territory of the Netherlands. The ‘Intercity Berlin train’ shall mean: the rail connection between Schiphol Airport and Berlin, Germany, which takes place on conventional rails.

2. Passengers may reserve a seat before the scheduled start of the cross-border transport to be carried out by NS International, provided Passengers have concluded a transport agreement for the transport concerned prior to the reservation (or conclude this simultaneously with the reservation) and can present the accompanying Ticket or, in the case of remote reservations, indicate the Ticket number.

3. Passengers may not bring carts, mopeds, motorcycles, scooters or similar Means of Transport.

4. Passengers may bring at most one bicycle, provided:
a. Passengers make a reservation for the bicycle at least one hour before the trip starts and a space is available for the bicycle at the time of the reservation; and
b. Passengers pay the bicycle ticket required by NS International and the reservation costs before the term as indicated by NS International lapses.

5. Passengers may bring a collapsible bike, provided it is folded and packed up.

Article 15 Terms and Conditions for the Thalys train

1. This Article shall apply to transport agreements concluded with NS International and relating to the Thalys train, insofar as these transport agreements are performed within the territory of the Netherlands as part of an international trip. The ‘Thalys train’ shall mean: the rail connection between Amsterdam and Paris, France, which is partly ridden on high-speed rails.

2a. At the Passengers’ request, NS International shall pay Passengers compensation if there is a Delay attributable to NS International, provided Passengers submits the request to NS International through the designated form within two months of the Delay, stating their name, address, bank or giro account number, and the date and time of the Delay, and provide the Ticket in question.
If Passengers choose to receive the compensation amount in vouchers, the amount of this compensation shall be:
i for Delays of 30 minutes or more, 20% of the Transport Price relating to the transport to be furnished by NS International in the travel direction in which the Delay occurred;
ii for Delays of 60 minutes or more, 50% of the Transport Price relating to the transport to be furnished by NS International in the travel direction in which the Delay occurred;
iii for Delays of 120 minutes or more, 100% of the Transport Price relating to the transport to be furnished by NS International in the travel direction in which the Delay occurred.
If the Passenger chooses to receive the compensation amount in cash, the amount of this compensation shall be:
i for Delays of 60 minutes or more, 25% of the Transport Price relating to the transport to be furnished by NS International in the travel direction in which the Delay occurred;
ii for Delays of 120 minutes or more, 50% of the Transport Price relating to the transport to be furnished by NS International in the travel direction in which the Delay occurred.

2b.At Passengers’ request, NS International shall pay Passengers compensation if there is a Delay caused by force majeure, provided Passengers submit their request to NS International through the designated form within two months of the Delay, stating their name, address, bank or giro account number, and the date and time of the Delay, and provide the Ticket in question. The compensation amounts to:
i for Delays of 60 minutes or more, 25% of the Transport Price (in cash) relating to the transport to be furnished by NS International in the travel direction in which the Delay occurred;
ii for Delays of 120 minutes or more, 50% of the Transport Price (in cash)relating to the transport to be furnished by NS International in the travel direction in which the Delay occurred.

3. The respective compensation amounts may not be claimed cumulatively nor in combination with the compensation referred to in Article 7.4 of § 1. Compensation of less than EUR 4 shall not be paid out.

4. In deviation from the above, the following compensation scheme shall apply to Thalys travel within the Netherlands: At Passengers’ request, NS International shall pay Passengers compensation if there is a Delay attributable to NS International, provided Passengers submit the request to NS International through the designated form within two months of the Delay, stating their name, address, and the date and time of the Delay, and provide the Ticket in question. An original copy of the Ticket must be submitted. A copy of a home-print ticket may be submitted, however. The amount of this compensation in vouchers shall be:
i for Delays of 15 minutes or more, 50% of the Transport Price relating to the transport to be furnished by NS International in the travel direction in which the Delay occurred;
ii for Delays of 30 minutes or more, 100% of the Transport Price relating to the transport to be furnished by NS International in the travel direction in which the Delay occurred. The respective compensation amounts may not be claimed cumulatively nor in combination with the compensation referred to in Article 7.4 of § 1.

5. As regards the rights and obligations under paragraph 4, Delays caused in the Netherlands by breaches attributable either to the infrastructure manager used by NS International or to other carriers utilising the same infrastructure as NS International shall be imputed to NS International.

6. Upon request, Passengers must furnish additional information or supporting documents regarding his/her compensation request. If, in NS International’s reasonable judgment, Passengers are misusing the compensation scheme, NS International may deprive Passengers of their rights under this Article for a definite or indefinite period of time. Passengers must also provide reimbursement for any goods/services wrongly received which cannot be cancelled.

7. Passengers may not bring carts, mopeds, motorcycles, scooters, scoot-mobiles or similar Means of Transport.

8. Passengers may bring a collapsible bike, provided it is folded up and packed up.

9. Passengers may bring a bicycle, provided it is packed up in an appropriate bag measuring at most 90 centimetres by 120 centimetres.

10. If Passengers bring a dog, the dog must wear a muzzle.

11. The General Terms and Conditions of Thalys shall also apply. The following order of priority shall apply on the Dutch route:
1) the Fare Terms and Conditions of Thalys;
2) the General Terms and Conditions of NS International;
3) the General Terms and Conditions of Thalys.

Article 16 Terms and Conditions for the InterCity Brussel
1. This Article shall apply to transport agreements concluded with NS International and relating to the InterCity Brussel train, insofar as these transport agreements are performed within the territory of the Netherlands. The ‘InterCity Brussel’ shall mean: the rail connection between Amsterdam and Brussels, Belgium, which is ridden on conventional rails.

2. Passengers may not bring carts, mopeds, motorcycles, scooters, scoot-mobiles or similar Means of Transport.

3 Passengers may bring at most one bicycle, provided:
a. Passengers pay the bicycle ticket required by NS International before the trip starts; and
b. a space for the bicycle is available in the area designated for bicycles.

4. Passengers may bring a collapsible bike, provided it is folded up.

Chapter 2 Sales terms and conditions

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Article 17 Scope

Chapter 2 shall apply to all transport agreements concluded between Passenger and NS International, as well as all transport agreements concluded by NS International, but on behalf of another carrier, hence, transport agreements between Passenger and other carriers.

Article 18 Furnishing Tickets

1. After a transport agreement is concluded between Passenger and carrier, NS International shall furnish Passenger with a Ticket.

2. If the transport agreement referred to in the first paragraph is concluded at a ticket counter or a ticket machine, the Ticket shall be furnished to Passenger or, as appropriate, the Product shall be recorded on the OV-Chipkaart.

3. If the transport agreement referred to in the first paragraph is concluded remotely and electronically, the Ticket for specific Products shall be furnished to Passenger by enabling Passenger to print the Ticket through the Internet or to collect it at a ticket collection machine, or the Ticket shall be furnished by sending the Ticket to Passenger by post within three business days of the agreement being concluded.

4. Transport agreements shall be subject to Fare Terms and Conditions which include special and different conditions relating to, for example, validity, third-party use, rebooking and cancellation. Passenger must be aware of these special and different conditions, which can be consulted in the same manner as the General Terms and Conditions.

5. If the transport agreement referred to in the first paragraph is concluded by telephone through NS International Service Center, the Ticket shall be sent by post to Passenger 10 days before departure, or earlier, if explicitly stated by Passenger and NS International can arrange such, provided the Transport Price has been paid in full no later than 11 days before departure.

6. The right to transport under a transport agreement may only be enjoyed on the day on which Passenger has commenced their transport in the Netherlands. This right shall lapse after this day. In the event of return transport agreements, the outward and return trips shall be considered separate transport with regard to the lapsing of rights referred to in the previous sentence.

7. The time restriction referred to in the previous paragraph shall not apply to Passengers with proof of reservation evidencing their continued journey with Thalys, TGV, Eurostar, InterCity Berlin or ICE International the day after or prior to the day on which their transport in the Netherlands commences.

8. The right to transport under a transport agreement shall also lapse one month after this agreement comes into force, unless:
a. applicable Fare Terms and Conditions state otherwise; or
b. Passengers have made a reservation; or
c. Passengers have a train pass.

9. If Passenger concludes a transport agreement with NS International or another carrier, Passenger must pay the Transport Price, even if, because of circumstances not imputable to NS International, the Passenger does not collect or receive the Ticket. In such case, the Passenger must therefore pay the cancellation invoice sent by NS International.

10. Tickets issued in the Passenger’s name shall not be transferable. Tickets not issued in the Passenger’s name shall be transferable. Tickets may not be resold at a profit by the Passenger or any natural person or legal entity.

11. A complaint, refund request for a Delay, compensation request, or damages request relating to other carriers besides NS International and ensuing from a transport agreement concluded through NS International may be submitted to NS International. Depending on the carrier against which the claim is directed, NS International shall handle the claim itself or forward it to the carrier concerned.

12. If a Passenger concludes an agreement through NS International with another railway company for travel within or outside the territory of the Netherlands following travel with NS International, NS International shall act as the Agent for this other railway company. The transport agreement shall then be formed between the Passenger and this other railway company. The general terms and conditions of transport and fare terms and conditions employed by this railway company shall apply to this. See www.nsinternational.nl in this regard.

13. Passenger must pay the Transport Price beforehand and check whether Tickets have been completed in accordance with their instructions.

14. Lost or stolen Tickets shall not be replaced or refunded. Passenger shall therefore lose the right to transport in that case.

NS International B.V. webshop General Terms and Conditions
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In addition to the General Terms and Conditions as recorded in chapter 1and chapter 2, NS Internationaal B.V. (“NS International”) also employs the general terms and conditions as formulated by the Dutch Thuiswinkel Organisation which have been set up in the context of Coordinatiegroep Zelfreguleringsoverleg (CZ) of the Social Economic Council of the Netherlands (SER) which came into force on 1 June 2014.

Table of Contents:

Article 1 - Definitions

Article 2 - Trader Identity

Article 3 - Application

Article 4 - The offer

Article 5 - The Agreement

Article 6 - Right of withdrawal

Article 7 - Consumer obligations during the cooling-off period

Article 8 - Practising the right of withdrawal by the Consumer and the resulting costs

Article 9 - Trader obligations in case of withdrawal

Article 10 - Exclusion of the right of withdrawal

Article 11 - The Price

Article 12 - Performance and extended warranty

Article 13 - Supply and performance

Article 14 - Extended duration transactions: duration, cancellation and renewal

Article 15 - Payment

Article 17 - Disputes

Article 18 - Trade warranty

Article 19 - Supplementary or deviating provisions

Article 20 - Amendment of the Thuiswinkel General Terms and Conditions

Article 1 - Definitions

The following terms are used in these General Terms and Conditions:

1. Supplementary agreement: an agreement where the Consumer acquires products, digital content and/or services in connection to a distance agreement and these items, digital context and/or services are supplied by the Trader or a third party based on an agreement between this third party and the Trader;

2. Cooling-off period: the period during which the Consumer can invoke their right of withdrawal;

3. Consumer: the natural entity not acting for the purposes of trade, business, craft or profession;

4. Day: calendar day;

5. Digital content: data produced and supplied in digital form;

6. Extended duration agreement: an agreement for the regular supply of items, services and/or digital content during a specific period;

7. Long-term data carrier: any instrument – including e-mail – enabling the Consumer or Trader to store information addressed to them personally in a way which makes future use or reference possible during a period tailored for the purpose of the information and which makes this unchanged reproduction of the saved information possible;

8. Right of withdrawal: the Consumer’s option to abandon the distance agreement during the cooling-off period;;

9. Trader: the natural or legal entity offering products, (access to) digital content and/or services from a distance to Consumers;

10. Distance Agreement: an agreement concluded between the Trader and the Consumer in the context of an organised system for selling products, digital content and/or services at distance, making use – exclusively or partly – of one or more technologies for communication at distance for concluding the agreement;

11. Standard withdrawal form: The European template for withdrawal included in Appendix I of these terms and conditions;

12. Technology for communication at distance: a means which can be used for concluding an agreement without the Consumer and Trader being required to be in the same room at the same time.

Article 2 - Trader Identity

NS Internationaal B.V.
Stationsplein 25 1012 AB Amsterdam
the Netherlands
Telefoonnummer: 030-2300023
CoC number: 30172195
VAT identification number: NL809507572B01

Article 3 – Applicability

These general terms and conditions apply to each offer by the Trader and to each agreement concluded between Trader and Consumer.
1.Prior to concluding the agreement at distance, the text of these general terms and conditions will be provided to the Consumer. Should this in all reasonableness not be possible, the Trader will inform the Consumer of how the general terms and conditions can be inspected and that they will be sent to the Consumer as soon as possible, at no cost, should the Consumer request such.

2. If the agreement at distance is concluded electronically, the text of these general terms and conditions can, in deviation from the previous paragraph and prior to concluding the agreement at distance, be provided to the Consumer electronically in such a way that the Consumer can easily store the text on a long-term data carrier. Should this in all reasonableness not be possible, it will be indicated how the general terms and conditions can be inspected electronically prior to the agreement at distance being concluded and that they will be sent, electronically or otherwise, at no cost, should the Consumer request such.

3. In the event specific product or service conditions apply in addition to these general terms and conditions, the second and third paragraphs shall apply correspondingly and the Consumer can, in the event of conflicting conditions, appeal to the applicable provision which is most favourable to them.

Article 4 - The offer

1. If an offer has a limited period of validity or takes place under conditions, this will be expressly mentioned in the offer.

2. The offer comprises a complete and precise description of the products, digital content and/or services on offer. The description is sufficiently specific in order for the Consumer to evaluate the offer properly. If the Trader makes use of images, these will be a faithful representation of the products, services and/or digital content on offer. Obvious errors or mistakes in the offer are not binding for the Trader.

3. Each offer contains such information, so that the Consumer is clear about their rights and obligations attached to acceptance of the offer.

Article 5 - The Agreement

1. The contract will be concluded, subject to that which is stipulated in paragraph 4, at the moment the Consumer accepts the offer and the conditions attached to such have been fulfilled.

2. If the Consumer has accepted the offer through electronic means, the Trader will electronically confirm receipt of the acceptance of the offer without delay. While receipt of this acceptance has not been confirmed by the Trader, the Consumer can dissolve the agreement.

3. If the agreement is concluded electronically, the Trader shall take appropriate technological and organisational measures to secure the electronic transfer of data and ensure a safe web environment. If the Consumer can pay by electronic means, the Trader will take appropriate safety measures.

4. Within legal limits, the Trader can inform themselves about whether the Consumer can meet their payment obligations, as well as about all facts and aspects in the interest of concluding a responsible agreement at distance. If, based on such assessment, the Trader has good grounds not to conclude the agreement, the Trader is entitled to reject the order or request, or to subject the performance to specific conditions, provided reasons for this are stated.

5. Upon or prior to delivery of the product, service or digital content to the Consumer, the Trader will send the following information in writing or in such a way that it can be stored in an accessible manner on a long-term data carrier:
a. the Trader’s office address the Consumer can turn to in the event of complaints; b. the conditions under which the Consumer can make use of the right of withdrawal and the method for doing so, or a clear statement regarding preclusion of the right of withdrawal;
c. information about warranties and existing after-sales services;
d. the price including all taxes on the product, service or digital content; the costs of delivery if applicable; and the manner of payment, delivery or performance of the agreement at distance;
e. the requirements for cancelation of the agreement if the agreement has a term of more than one year or if it is indefinite; f. if the Consumer has a right of withdrawal, the standard withdrawal form.

6. In the event of an extended duration transaction, the provision of the previous paragraph applies only to the first delivery.

Article 6 - Right of withdrawal

For products:

1. The Consumer can dissolve an agreement regarding the purchase of a product during a cooling-off period of at least 14 days without stating reasons. The Trader can request the Consumer to state the reason for the withdrawal, but must not force the Consumer to state reasons.

2. The cooling-off period referred to in paragraph 1 commences the day after the Consumer, or third party not being the carrier appointed by the Consumer in advance, has received the product, or:
a. if the Consumer, ordered multiple products in the same order: the day after the Consumer, or third party appointed by the Consumer in advance, has received the last product. Provided the Consumer was informed about such in a clear manner prior to the ordering process, the Trader can reject an order containing multiple products with varying delivery times.
b. if the delivery of a product consists of various shipments or parts: the day on which the Consumer, or third party appointed by the Consumer, has received the last shipment or the last part;
c. in the event of periodic delivery of products: the day the Consumer, or third party appointed by the Consumer, has received the first product.

For services and digital content not supplied on a tangible carrier:

3. The Consumer can dissolve a service agreement and an agreement for the supply of digital content not delivered on a tangible carrier during at least 14 days without stating reasons. The Trader can request the Consumer to state the reason for the withdrawal, but must not force the Consumer to state reasons.

4. The cooling-off period referred to in paragraph 3 commences the day following conclusion of the agreement.

When not informing about the right of withdrawal, an extended cooling-off period applies for services and digital content not supplied on a tangible carrier:

5. If the Trader has not provided the Consumer with the legally required information regarding the right of withdrawal or the standard withdrawal form, the cooling-off period terminates twelve months after the original cooling-off period as determined in accordance with the previous paragraphs of this article.

6. If the Trader has provided the Consumer with the information as referred to in the previous paragraph within twelve months of the commencement date of the original cooling-off period, the cooling-off period will lapse 14 days after the day on which the Consumer received such information.

Article 7 - Consumer obligations during the cooling-off period

1. During the cooling-off period, the Consumer will treat the product and packaging with great care. They will unwrap or use the product only to the extent necessary to determine the nature, features and functioning of the product. The point of departure here is that the Consumer may handle and inspect the product only as they would be allowed to do in a shop.

2. The Consumer is liable for depreciation of the product only if such depreciation is the result of handling the product beyond that which is allowed in paragraph 1.

3. The Consumer is not liable for depreciation of the product id the Trader has not provided them with the legally required information regarding the right of withdrawal upon or prior to concluding the agreement.

Article 8 - Practising the right of withdrawal by the Consumer and the resulting costs

1. If the Consumer exercises their right of withdrawal, they will notify the Trader of such during the cooling-off period by means of the standard withdrawal form or by any other unambiguous means.

2. As quickly as possible, but within 14 days from the day following the notification as referred to in paragraph 1, the Consumer will return the product or deliver it to (a representative of) the Trader. Such is not necessary if the Trader has offered to collect the product themselves. The Consumer has, in any case, observed the return period if they have returned the product before the cooling-off period has lapsed.

3. The Consumer returns the product with all supplied appurtenances, if possible in their original state and packaging, and in accordance with the reasonable and clear instructions provided by the Trader.

4. The risk and burden of proof for the correct and timely exercising of the right of withdrawal is borne by the Consumer.

5. The Consumer is responsible for the direct costs of returning the product. If the Trader has not informed the Consumer that the Consumer is responsible for these costs, or if the Trader indicates to bear these costs themselves, the Consumer will not be responsible for the costs of returning the product.

6. If the Consumer withdraws after having first expressly requested commencement of the performance of the service or the supply of gas, water or electricity not having been prepared for sale in a limited volume or specified quantity during the cooling-off period, the Consumer owes an amount proportional to that part of the agreement which has been performed by the Trader at the time of withdrawal, in comparison to the entire performance of the agreement.

7. The Consumer does not bear any costs for the performance of the services or the supply of water, gas or electricity which have not been prepared for sale in a limited volume or quantity or for the supply of district heating, if:
a. the Trader has not provided the Consumer with the legally required information regarding the right of withdrawal, the reimbursement of expenses in case of withdrawal or the standard withdrawal form, or;
b. the Consumer has not expressly requested the commencement of the performance of the service or the supply of gas, water, electricity or district heating during the cooling-off period.

8. The Consumer bears no costs for the entire or partial delivery of digital content not supplied on a tangible carrier, if:
a. prior to delivery, they have not expressly agreed to commencing performance of the agreement before the end of the cooling-off period;
b. they have not acknowledged to lose their right of withdrawal when granting permission; or
c. the Trader has neglected to confirm this statement of the Consumer.

9. If the Consumer makes use of their right of withdrawal, all supplemental agreements will be dissolved by operation of law.

Article 9 - Trader obligations in case of withdrawal

1. If the Trader makes it possible for the Consumer to notify their withdrawal electronically, Trader will send confirmation of receipt of this notification immediately.

2. The Trader will reimburse all Consumer payments, including any delivery costs made payable by the Trader for the returned product, immediately and not later than 14 days following the day the Consumer notifies Trader of the withdrawal. Unless Trader offers to collect the product himself, Trader can wait with reimbursement until the product has been received or until the Consumer shows that the product has been sent, whichever happens first.

3. The Trader uses the same means of payment for reimbursement as the Consumer used, unless the Consumer agrees to a different method. The reimbursement is at no cost to the Consumer.

4. If the Consumer has chosen for a more expensive form of delivery than the most inexpensive standard delivery, the Trader does not have to reimburse additional costs for the more expensive form of delivery.

Article 10 - Exclusion of the right of withdrawal

The Trader can exclude the following products and services of the right of withdrawal, but only if the Trader has notified such clearly with the offer, at least in good time before concluding the agreement:

1. Products or services whose prices are linked to fluctuations on the financial market on which the Trader does not have any influence and which may occur during the withdrawal period.

2. Agreements concluded during a public auction. Public auction means a method of sale where goods or digital content are offered by the Trader to the Consumer who attends or is given the possibility to attend the auction in person, run by an auctioneer and where the successful bidder is bound to purchase the goods, digital content and/or services;

3. Service agreements, after complete performance of the service, but only if: a. the performance has commenced with the express prior approval of the Consumer; and b. the Consumer has stated that he will lose his right of withdrawal as soon as the Trader has completed the performance in full.

4. Travel packages as referred to in article 7:500 Dutch Civil Code and agreements concerning person transport;

5. Service agreements concerning provision of accommodation if the agreement specifies a date or implementation period and for other purposes than living accommodation, transport of goods, car lease services and catering;

6. Service agreements concerning leisure activities, if the Agreement specifies a date or implementation period for such;

7. Products manufactured according to Consumer specifications, which are not prefabricated and which are manufactured based on an individual preference or decision by the Consumer, or which are clearly intended for a specific person;

8. Products which are liable to deteriorate or expire rapidly;

9. Sealed products which are not suited to be returned due to reasons of health protection or hygiene and whose seal is broken after delivery;

10. Products which by their nature are irrevocably mixed with other products;

11. Alcoholic beverages whose price have been agreed upon at the time of concluding the agreement, but the supply of which can only take place after 30 days, and whose actual value depends on market fluctuations the Trader has no influence on;

12. Sealed audio and video recordings and computer programs whose seals are broken after delivery;

13. Newspapers, periodicals or magazines, barring subscriptions to these;

14. The delivery of digital content other than on a tangible carrier, but only if:
a. the performance has commenced with the express prior approval of the Consumer; and
b. the Consumer has stated that he will lose his right of withdrawal.

Article 11 - The Price

1. During the period of validity stated in the offer, the prices of the offered products and/or services will not be raised, barring price changes due to changes in VAT fees.

2. In deviation from the previous paragraph, the Trader can offer variable prices for the sale of products linked to fluctuations on the financial market the Trader has no influence on. This link to fluctuations and the fact that any prices mentioned are recommended prices will be stated with the offer.

3. Increases in prices within three months of the realisation of the agreement are permitted only if they are the consequence of statutory regulations or provisions.

4.Increases in prices from three months after the realisation of the agreement are permitted only if the Trader has stipulated this and: a. they are the consequence of statutory regulations or provisions; or b. the Consumer is entitled to cancel the agreement from the day the price increase takes effect.

5. The prices stated for products and services in the offer include VAT.

Article 12 - Performance and extended warranty

1. The Trader guarantees that the products and/or services are in accordance with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usefulness and the statutory provisions and/or government regulations that apply on the date the Agreement is concluded. If so agreed, the Trader also guarantees that the product is suitable for use which differs from normal use.

2. Extended warranty provided by the Trader, his supplier, manufacturer or importer never limits the statutory rights and demands the Consumer may exercise based on the agreement towards the Trader if the Trader fails in the performance of his part of the agreement.

3. Extended warranty means any obligations taken on by the Trader, his supplier, importer or producer which attaches specific rights or claims to the Consumer which go beyond any statutory obligations should the Trader fail to perform his part of the agreement.

Article 13 - Supply and performance

1. The Trader will take the greatest possible diligence in receiving and implementing orders of products and when assessing requests for the provision of services.

2. The place of delivery is the address the Consumer has specified to the Trader.

3. With due regard to that which is stated in article 4 of these General Terms and Conditions regarding this, the Trader will implement accepted orders with due haste although within 30 days, unless a different delivery term has been agreed. If the delivery experiences delay or if an order cannot or only partly be implemented, the Consumer will be notified of such no longer than 30 days after he has placed the order. In such event, the Consumer has the right to dissolve the agreement free of charge and the right to any compensation.

4. After dissolution in accordance to the previous paragraph, the Trader will immediately reimburse the amount the Consumer paid.

5. The risk of damage and/or loss of products lies with the Trader until the moment of delivery to the Consumer or a representative appointed and made know to the Trader in advance, unless expressly otherwise agreed.

Article 14 - Extended duration transactions: duration, cancellation and renewal

Cancellation:

1. The Consumer can cancel an agreement concluded for an indefinite period and which serves to arrange delivery of products (including electricity) or services at any time with due regard of the agreed cancellation arrangements and a cancellation term of no longer than one month.

2. The Consumer can cancel an agreement concluded for a fixed term and which serves to arrange delivery of products (including electricity) or services at any time by the end of the determined term with due regard of the agreed cancellation arrangements and a cancellation term of no longer than one month.

3. With regard to the agreements in the previous paragraphs, the Consumer can
- cancel them at any time and they cannot be limited to cancellation in a limited time or a specific period:
- cancel them in the same way as they were concluded;
- always cancel them with the same cancellation period as the Trader has stipulated for himself.

Renewal:

4. An agreement concluded for a fixed term and which serves to arrange delivery of products (including electricity) or services cannot be tacitly extended or renewed for a fixed term.

5. In deviation from the previous paragraph, an agreement concluded for a fixed term and which serves to arrange delivery of daily papers, newspapers and weekly magazines can be tacitly renewed for a fixed term of no more than three months if the Consumer can cancel this agreement at the end of the term with a notice period of no longer than one month.

6. An agreement concluded for a fixed period and which serves to arrange delivery of products or services, can be tacitly renewed by an indefinite period only if the Consumer can cancel at any time with a notice period of no longer than one month. The notice period is no longer than three months in the event the agreement serves to arrange the regular delivery, though not more frequent than once per month, of daily papers, newspapers and weekly magazines and periodicals.

7. An agreement with a fixed term for the regular delivery of daily papers, newspapers and weekly magazines and periodicals for the purpose of introduction (trial or introductory subscription) will not be tacitly renewed and will terminate automatically at the end of the trial or introductory term.

Duration:

8. If an agreement has a term of more than one year, the Consumer can cancel the agreement at any time after one year with a notice period of not more than one month, unless such cancellation prior to the end of the term is contrary to principles of reasonableness and fairness.

Article 15 - Payment

1. Insofar as such is not determined in the agreement or supplemental conditions, the amounts due by the Consumer shall be paid within 14 days of commencement of the cooling-off period, or in the absence of such period, within 14 days of concluding the agreement. In the event of an agreement to provide services, this period commences on the day after the Consumer has received confirmation of the agreement.

2. For the sale of products to Consumers, the Consumer can never be forced in the General terms and conditions to make in an advance payment of more 50%. When advance payment is stipulated, the Consumer cannot assert any rights concerning the implementation of the order or services concerned, before the stipulated advance payment has taken place.

3. The Consumer is required to immediately inform the Trader of any inaccuracies in the payment details provided.

4. If the Consumer does not observe his payment obligation(s) in time, Consumer owes, after being reminded by Trader of the late payment and Trader has given Consumer an additional 14 days to meet his payment obligations and payment is still outstanding after this 14 day term, statutory interest over the outstanding amount and the Trader is entitled to charge Consumer for the extrajudicial collection costs. These collection costs amount to no more than: 15% over outstanding amounts up to €2,500; 10% over the subsequent €2,500 and 5% over the subsequent €5,000 with a minimum of €40. The Trader can deviate from the mentioned amounts and percentages in the advantage of the Consumer.

Article 16 - Complaint procedure

1. The Trader has a sufficiently published complaint procedure and handles complaints in accordance with this complaint procedure.

2. Complaints about the performance of the agreement must be submitted to the Trader in clear wording and in full within a reasonable time of the Consumer observing the failings.

3. Complaints submitted to the Trader will be answered within a term of 14 days from the date of receipt. If the complaint requires a predictably longer processing time, the Trader will answer within the term of 14 days with a message confirming receipt and indicating when the Consumer can expect a more detailed answer.

4. A complaint about a product or service by the Trader can also be submitted via a complaints form on the Consumer page of the Thuiswinkel.org website www.thuiswinkel.org. The complaint is then submitted to both the Trader in question as to Thuiswinkel.org.

5. The Consumer shall give the Trader at least 4 weeks’ time to resolve the complaint in mutual consultation. After this term, a dispute arises which can be open to dispute regulations.

Article 17 - Disputes

1. Agreements between Trader and Consumer subject to these General Terms and Conditions are governed solely by Dutch law.

2. Disputes between the Consumer and the Trader regarding the realisation or performance of agreements with respect to the products and services to be delivered or delivered by this Trader, can, with due regard to the provisions below, be submitted by both the Consumer as well as the Trader to the Thuiswinkel Disputes Committee, P.O. Box 90600, 2509 LP in The Hague (www.sgc.nl).

3. A dispute will be processed by the Disputes Committee only if the Consumer has first submitted his complaint to the Trader in a reasonable time.

4. If the complaint does not lead to a resolution, the dispute must be introduced to the Disputes Committee, either in writing or in a different form to be decided by the Board, no later than 12 months after the date the Consumer submitted the complaint to the Trader.

5. When the Consumer wants to present a dispute to the Disputes Committee, the Trader is bound by this decision. The Consumer preferably notifies the Trader of this first.

6. When Trader wishes to present a dispute to the Disputes Committee, the Consumer shall state in writing within five weeks of a request to that effect made by the Trader whether he concurs or whether he wishes to submit the dispute to the competent court. If the Trader does not receive the Consumer’s preference within a term of five weeks, the Trader is entitled to present the dispute to the competent court.

7. The Disputes Committee makes a decision under the conditions as determined in Disputes Committee regulations (degeschillencommissie.nl). The Disputes Committee’s decisions are binding advice.

8. The Disputes Committee will not deal with a dispute, or cease intervention of a dispute, if the Trader has been granted moratorium, has become bankrupt or insolvent or has effectively ended business activities before the Board dealt with the dispute in a session and delivered a final decision.

9. If, in addition to the Thuiswinkel Disputes Committee, another Disputes Committee recognised by or affiliated with the Dutch Foundation for Consumer Complaints Boards (SGC) or the Complaints Institute Financial Services (Kifid) is competent, the Thuiswinkel Disputes Committee is the preferred competent body for disputes relating mainly to the method of sales or services at distance. For all other disputes, this applies to the other disputes committees recognised by the SGC or affiliated with the Kifid.

Article 18 - Trade warranty

1. Thuiswinkel.org guarantees its members will observe the binding advice by the Thuiswinkel Disputes Committee, unless the member decides to present the binding advice to the court for evaluation within two months of the date of the advice. This guarantee is valid again if the binding advice after evaluation by the court has remained in effect and the ruling evidencing such has become final. The maximum amount of €10,000 per binding advice will be paid out by Thuiswinkel.org to the Consumer. For amounts exceeding €10,000 per binding advice, €10,000 will be paid out. For the outstanding amount, thuiswinkel.org has the obligation to exert its best efforts in order to ensure performance of the binding advice by its member.

2. For this guarantee to be implemented, the Consumer is required to make an appeal to this effect in writing with Thuiswinkel.org and that he transfers his claim on Trader to Thuiswinkel.org. If the claim on Trader exceeds €10,000, the Consumer is offered to transfer the claim exceeding the amount of €10,000 to Thuiswinkel.org, at which time this organisation shall submit a legal request for payment of such amount to the Consumer.

Article 19 - Supplementary or deviating provisions

Supplementary provisions or provisions deviating from those in the General Terms and Conditions cannot be to the detriment of the Consumer and must be recorded in writing or in such way that the Consumer can accessibly store them on a long-term data carrier.

Article 20 - Amendment of the Thuiswinkel General Terms and Conditions

1. Thuiswinkel.org will amend these general terms and conditions only in consultation with the Consumer Association.
2. Amendments to these conditions come into effect only after they are published in an appropriate manner, on the understanding that for relevant amendments made during the term of an offer the provision most favourable to the Consumer shall prevail.

Thuiswinkel.org
Horaplantsoen 20, 6717 LT Ede, the Netherlands
P.O. Box 7001, 6710 CB Ede, the Netherlands

NS International webshop Specific Terms and Conditions

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1. Applicability
1.1 In deviation from Article 3.1 of the General Terms and Conditions of the Dutch Thuiswinkel Organisation (“General Terms And Conditions”), the General Terms and Conditions and these NS International webshop Specific Terms and Conditions (“Specific Terms and Conditions”) apply to any Trader offer made via the www.nsinternational.nl website (“Website”) and to any agreement at distance subsequently effected via the Website between Trader and Consumer (“Agreement”).

1.2 In the event of a discrepancy between the General Terms and Conditions and the Specific Terms and conditions, the provisions of the Specific Terms and Conditions shall prevail.

1.3 The definitions from the General Terms and Conditions form part of the Specific Terms and Conditions and apply in full unless they are expressly derogated from in these Specific Terms and Conditions. Additionally, the following capitalised terms and expressions in these Specific Terms and Conditions mean the following:
- Product: the train services offered by Trader on the Website;
- Homeprint ticket: the document ordered and paid for on the Website and printed out by the Consumer, intended as a ticket in the sense of the General NS International Travel Terms and Conditions (‘AVR-NSI’);
- Mobile ticket: the electronic document ordered and paid for on the Website and presented on the Consumer’s mobile phone, smartphone or tablet, and intended as a ticket in the sense of the AVR-NSI.

1.4 In addition to the General Terms and Conditions and the Specific Terms and Conditions, the specific Product fee terms and conditions as well as the AVR-NSI apply. The Website shows a summary of which conditions apply at which times. Prior to concluding the Agreement, the General Terms and Conditions, the Specific Terms and Conditions, the specific fee terms and conditions in effect and the AVR-NSI are made available to the Consumer electronically, so that the Consumer can easily store them on a long-term data carrier. Additionally, the Consumer can consult the various terms and conditions on the Website at all times.

2. Realisation of the Agreement
2.1 If the Consumer makes a booking for multiple person, the Consumer declares by accepting the terms and conditions referred to in article 1.4 of the Specific Terms and Conditions that he is authorised to accept the terms and conditions referred to in article 1.4 of the Specific Terms and Conditions on behalf of himself and all members of the group.
2.2 After finishing the order, the Consumer will receive a confirmation of the order by return e-mail and, depending on the way the Consumer indicated during the booking process how to receive the ticket, he/she will receive: (1) a Homeprint ticket in the same e-mail, (2) a link to a Mobile ticket in the same e-mail, (3) an ATB ticket by post or (4) an extra Ticketless confirmation by e-mail including barcode.
2.3 The Cooling-off period in effect in the event of a regular ‘purchase at distance’ does not apply on the Agreement effected via the Website. The articles 6, 7,8 and 9 of the General Terms and Agreements therefore do not apply to Agreements effected via the Website.

3. Supply and performance
In deviation from the provisions in article 13 of the General Terms and Conditions, the Homeprint ticket, Mobile ticket or ATB ticket will, once the online booking is finished and the full amount owed by the Consumer is paid, be issued and sent to the Consumer. In the event of Ticketless, the Consumer shall receive the barcode by e-mail from the relevant carrier. The Homeprint ticket, the Mobile ticket, the ATB ticket or the barcode in the event of Ticketless will be sent after payment by return e-mail or by post respectively to the e-mail address or the postal address respectively provided by the Consumer. If delivery of the Homeprint ticket, Mobile ticket, ATB ticket or barcode in the event of Ticketless is not possible due to a mistake and/or error made by the Consumer, including but not limited to submitting an incorrect or incomplete e-mail address or postal address, the Trader shall not be liable for such.
Article 13.4 of the General Terms and Conditions does not apply to Agreements.

4. Payment
In deviation from the provisions of article 15.1 and 15.2 of the General Terms and Conditions, payment of the Agreement by the Consumer takes place immediately. The Consumer can pay free of charge via Ideal. If the Consumer opts for a different form of payment to Ideal, the Trader can charge additional costs for such. These costs will be stated with the relevant step in the booking process on the Website.

5. Change or cancellation by the Consumer
After booking, the Agreement may or may not be changed or cancelled by the Consumer, depending on the applicable fee conditions. Cancelling an Agreement can be done online via the Website, through ‘Manage your Booking’ or otherwise. Changing the Agreement can be done by telephone via the NS International Service Centre. If it is possible to change or cancel the ticket, the Consumer should be aware that there are costs involved. These costs are stated in the fee terms and conditions applicable to the Agreement.

6. Transactions at distance
Article 14 of the General Terms and Conditions does not apply to Agreements.

7. Complaint procedure
The General Terms and Conditions apply to complaints about the Agreement. The AVR-NSI apply to the implementation of the travel agreement.

8. Disputes
8.1 In addition to article 17.2 of the General Terms and Conditions, disputes can be submitted to the Public Transport Dispute Committee, P.O. Box 90600, 2509 LP in The Hague, the Netherlands (www.sgc.nl) (‘Public Transport Dispute Committee’). Disputes submitted to the Thuiswinkel Disputes Committee will be forwarded to the Public Transport Dispute Committee.
8.2 A term of six weeks applies to the Consumer for making known their preference for the Public Transport Dispute Committee or the court.
8.3 The Public Transport Disputes Committee makes a decision under the conditions as determined in the Public Transport Disputes Committee regulations (www.degeschillencommissie.nl/media/1902/opv-reglement).
8.4 Articles 17.2 to 17.9 of the General Terms and Conditions do not apply to Agreements effected through the Website.

9. Trade Organisation
Article 18.1 of the General Terms and Conditions does not apply to the Agreements.

10. Supplemental and deviating provisions
In deviation from article 19 of the General Terms and Conditions, supplemental and/or deviating provisions can indeed be to the detriment of the Consumer if such provisions result from legislation.

11. Appendix:
Appendix 1 of the General Terms and Conditions does not apply to Agreements effected through the Website.

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