(1) NIS NORTH INCOMING SERVICE purchases services in the destinations and sells these to domestic and foreign businesses in form of a package or individual service.
(2) The following General Terms and Conditions (GTC) determine, subject to additional supplement agreements, the contractual relationship between NIS NORTH INCOMING SERVICE and the contractor hereinafter referred to as “Client”). Any deviating terms of business of Client are hereby expressly excluded.
(3) Offers from NIS NORTH INCOMING SERVICE address to enterprises only. Enterprise is any natural or juristic person, or any partnership of legal capacity, which at the time of transaction exercises its commercial or self-dependent professional activity (art. 35-39 – Spanish Civil Code).
Art. 2 Contract
(1) By confirming service offered by NIS NORTH INCOMING SERVICE, Client makes a binding offer to NIS NORTH INCOMING SERVICE for the conclusion of a contract. Client may make such confirmation in writing, by e-mail or phone. The offer to contract of Client shall be based on the individualized package and/or individual proposed by INBOUND SERVICE upon request.
(2) Client’s offer to contract shall be accepted by submission of the confirmation by NIS NORTH INCOMING SERVICE in text form. In case the content of the confirmation deviates from the content of the offer, this shall be deemed a new offer by NIS NORTH INCOMING SERVICE s. The contract is deemed concluded on the basis of this new offer once the Client declares its acceptance, or makes the respective payment.
(3) The contract is formed by the Specification of service by NIS NORTH INCOMING SERVICE (hereinafter referred to as“Confirmation”), which is the form of contract.
Art. 3 Services
(1) The type and scope of service owed under the contract are determined by the Confirmation.
(2) The classification of accommodation stated by NIS NORTH INCOMING SERVICE in the Confirmation refers to the system typical in the country concerned, unless NIS NORTH INCOMING SERVICE specified a different classification.
(3) Unless expressly stated, hotel bookings are not deemed as equipped for disabled persons. Bookings of rooms suitable for handicapped persons are subject to special request and confirmation by NIS NORTH INCOMING SERVICE in writing.
(4) Consideration of special requests, which deviate from the Confirmation, is in the sole province of the vendor, depending on its possibilities and availability, and cannot be warranted by NIS NORTH INCOMING SERVICE
(5) Unless otherwise agreed to in writing, NIS NORTH INCOMING SERVICE shall be appointed by the Client to act as the exclusive provider of service listed in the Confirmation and, as such, will have the necessary authority to act on the Client’s behalf with respect to the organization and management of the program. NIS NORTH INCOMING SERVICE will make payment to SERVICE providers, provided that Client has paid NIS NORTH INCOMING SERVICE in accordance with the contract.
Art. 4 Terms of Payment, Delay of Payment
(1) NIS NORTH INCOMING SERVICE shall invoice Client the contractual remuneration. The invoice amounts are understood as Euro unless specified otherwise, and include, if necessary, statutory VAT as applicable at the date it is incurred. Payment shall be made in accordance with the terms stated in the confirmation and invoice. Costs of money transfer shall be borne by Client. If no due date is indicated in the invoice, the amount claimed shall be due for immediate payment.
(2) NIS NORTH INCOMING SERVICE shall be entitled to claim advance and/or part payment, in its own reasonable discretion, to be set off against the total price. To the extent NIS NORTH INCOMING SERVICE intends to subject SERVICE against full or partial advance payment only, it shall notify Client accordingly, prior to contracting.
(3) Dunning costs for late payment shall be billed at 5.00 EUR per collection letter. Client is at liberty to prove that to NIS NORTH INCOMING SERVICE did not incur any or minor loss.
(4) In the event advance payments, or the total respectively remaining amount is not paid by Client within the period agreed upon, NIS NORTH INCOMING SERVICE may refuse service and, after a reasonable grace period granted, withdraw from the contract in case the SERVICE was not yet provided. In such event, NIS NORTH INCOMING SERVICE shall invoice Client cancellation costs in accordance with art. 6.
Art. 5 Amendment of SERVICE, Adjustment of Price
(1) NIS NORTH INCOMING SERVICE is entitled to amend contracted service in case of serious reasons, which occur after contracting, and make such amendment inevitable. No amendments or deviations shall be admissible which substantially affect the overall character of performance – or are unacceptable for Client in consideration of mutual interests, or discriminatory under the principle of good faith. Warranty claims shall remain unaffected as far as such amended service are flawed with defects.
(2) In the event of price adjustments by its service providers after conclusion of the contract, NIS NORTH INCOMING SERVICE is entitled to adjust the price agreed upon, taking into account the interests of Client, if such adjustment is compelling to avoid a cut of profits, provided that the circumstances resulting in such increase did not occur prior to contracting, and were not foreseeable at that time by the NIS NORTH INCOMING SERVICE. To be valid, the notice of such increase must be given in writing, stating the relevant cost items, the time and allocation scheme of reference for such increase, and the respective calculation method.
(3) A price increase is admissible only in the event of increased costs, duties and taxes for service, and of exchange rates they were based on, and such claim has to be stated by the 20th day before the performance of services.
a) In case transportation costs as in effect at the time of contracting are increased – e.g. fuel cost – INBOUND SERVICE may adjust the travel price.
b) In the event of an increase of taxes and duties in effect at the time of contracting, which are essential for, and included in, the agreed scope of service, NIS NORTH INCOMING SERVICE may increase the prorated amount accordingly.
c) In case of altered exchange rates after contracting, NIS NORTH INCOMING SERVICE may increase the total price by the amount the price of the service has increased for NIS NORTH INCOMING SERVICE.
(4) NIS NORTH INCOMING SERVICE shall inform Client immediately about the alterations contemplated in sec. 1 to 3. In the event of a substantial alteration of essential service, including the price, Client is entitled to withdraw from the contract free of charge. In case of changes in terms of sec. 1, Client is entitled to request a service of at least the same value, instead of a withdrawal, if NIS NORTH INCOMING SERVICE is able to offer such to Client without additional cost. Client must exercise such right toward NIS NORTH INCOMING SERVICE immediately upon receipt of the notification regarding the altered service.
Art. 6 Withdrawal of Client before beginning of service. Cancellation Costs
(1) Client may withdraw from the contract at any time prior to the execution of service. The withdrawal shall be declared toward NIS NORTH INCOMING SERVICE in writing.
(2) In the event Client withdraws prior to execution, or declines the acceptance of service, NIS NORTH INCOMING SERVICE is not entitled to claim the agreed remuneration. Instead, NIS NORTH INCOMING SERVICE may claim a reasonable compensation of provisions and expenses incurred so far – depending on the respective total price – unless. Client is liable for such withdrawal, or the cause is an act of force majeure.
(3) NIS NORTH INCOMING SERVICE took into account a lump-sum compensation claim, prorated in time – i.e. depending on the closeness of the time of withdrawal to the agreed beginning of SERVICEand the agreed price – with an allowance for saved expenses and a different use of SERVICE s, as the case may be. The lump-sum cancellation rates and times may differ, depending on the SERVICE , and shall be notified to Client for each individual case in the Confirmation.
(4) NIS NORTH INCOMING SERVICE reserves the right to claim a compensation higher than the above lump sum in specific cases, provided that NIS NORTH INCOMING SERVICE proves that it has incurred much higher expenses than covered by the applicable lump sum. In such instances, NIS NORTH INCOMING SERVICE is obligated to totalize and document such compensation, taking into account, if pertinent, any saved expenses and different use of SERVICE s.
(5) In case of a partial cancellation, the Parties shall agree on a new price, in consideration of their mutual interests and opportunities. If such agreement cannot be reached, the cancellation is deemed as a total cancellation, and the cancellation fee pursuant to sec. 3 applied.
(6) The Client is at liberty to prove that the loss to NIS NORTH INCOMING SERVICE incurred by such cancellation was nil or substantially lower than the lump sums under sec. 3, as specified in the Confirmation.
Art. 7 Force Majeur
Either party may terminate its performance obligations without liability to the extent its performance is affected by acts or occurrences beyond its control that makes it impossible for NIS NORTH INCOMING SERVICE to provide the SERVICE s specified herein.
The acts or occurrences that trigger the right of either party to terminate the contract under the terms of this section include, but are not limited to: acts of God, war, government regulation (including governmental advisories, quarantines and curfews), natural disaster, fire, strikes or other labor disputes, curtailment or disruption of transportation, civil disorder, terrorism and responses thereto, an act or occurrence creating a significant risk to the participants’ health or safety (as determined by both parties), or affecting a party’s performance. The contract may be terminated without liability for any one of such reasons by written notice from one party to the other within ten (10) days from the act or occurrence of Force Majeure. If the Program is scheduled for less than ten (10) days from the Force Majeure event, notice must be received in writing within twenty-four (24) hours from the act or occurrence of Force Majeure.
Should this Agreement be terminated according to the terms in this Section, NIS NORTH INCOMING SERVICE will return to Client any payments previously paid by Client to NIS NORTH INCOMING SERVICE s, less all of the following amounts which INBOUND SERVICEshall be entitled to retain: any non-recoverable and other out-of-pocket costs NIS NORTH INCOMING SERVICE has paid or is obligated to pay to NIS NORTH INCOMING SERVICE s’ vendors, suppliers and subcontractors, and any costs (including labor) for which NIS NORTH INCOMING SERVICE has otherwise incurred an obligation to pay, as of the time of the Force Majeure
Termination, so long as such direct and/or indirect costs are supported by reasonable documentation. In addition, the work of NIS NORTH INCOMING SERVICE until the time of the Force Majeure and needed beyond will be charged. NIS NORTH INCOMING SERVICE shall additionally not be liable for delays due to causes beyond its reasonable control.
Art. 8 Alteration and Modification
Subsequent to the date of the Confirmation, it may be necessary for Client to make certain modifications to the Confirmation then in effect. Client will advise NIS NORTH INCOMING SERVICE of any modifications or corrections to the contracted service in writing. In such event, and upon receipt of Client’s requested modifications, NIS NORTH INCOMING SERVICE agrees to use its best efforts to accommodate the requested modifications of Client. In the event NIS NORTH INCOMING SERVICE is able to accommodate such requested modifications, NIS NORTH INCOMING SERVICE will notify Client of the change in price and shall prepare a new Confirmation, which shall supersede the previous Confirmation then in effect. In the event service is unable to accommodate Client’s requested modifications, or in the event Client does not approve the prices and terms set forth in the revised Confirmation, Client and NIS NORTH INCOMING SERVICE shall continue to remain obligated to perform their respective obligations pursuant to the previous Confirmation in effect.
Art. 9 Rescission in case of shortfall of minimum participants
In case of failure to reach a minimum number of participants, NIS NORTH INCOMING SERVICE creates a new offer to the Client on the current number of participants or can withdraw from the contract, if the respective confirmation specifies a minimum number of participants. In this case NIS NORTH INCOMING SERVICE charges the cancellation costs of the customer according to § 6.
Art. 10 Unclaimed SERVICE
In case Client respectively his travelers do not make use of particular service properly offered for reasons, which are to be ascribed to Client or these participants, they have no claim for a compensation of the prorated price. NIS NORTH INCOMING SERVICE shall endeavor to compensate expenses saved at the service providers. However, such obligation shall not apply to insignificant service, or is excluded because of regulatory provisions or orders from the authorities.
Art. 11 Termination Right of NIS NORTH INCOMING SERVICE
(1) If the customer has been granted a free right of withdrawal or reimbursement, NIS NORTH INCOMING SERVICE can also withdraw from the contract free of charge within the set period without stating reasons.
(2) NIS NORTH INCOMING SERVICE may terminate the contract without notice in the event that individual participants seriously disturb the event despite a warning by NIS NORTH INCOMING SERVICE s, or misbehave in such manner, which justifies an immediate rescission of the contract. In the event of a termination by NIS NORTH INCOMING SERVICE, the service is still entitled to the payment of the price, to be set off against saved expenses and such benefits as obtained from a different use of unclaimed service, including any amounts credited by the service providers.
Art. 12 Client’s Obligations to notify and co-operate
(1) Client shall inform NIS NORTH INCOMING SERVICE if he did not receive the necessary documents within the period specified by NIS NORTH INCOMING SERVICE s. Client is obligated to check on the accuracy and completeness of the travel documents received, in particular their compliance with the booking. Furthermore, Client is obligated to notify immediately NIS NORTH INCOMING SERVICE on discrepancies, lacking documents or other inconsistencies. In case Client is liable for non-compliance with this obligation, he shall bear co-liability for any loss thus incurred
(2) It is incumbent on Client to notify NIS NORTH INCOMING SERVICE of any defects/deficiencies discovered. If he fails to do so by negligence, the price shall not be reduced. The notification of defects is not subject to a specific form but it is recommended it be made in writing. Such notification is unnecessary if fruitless for obvious or unacceptable for other reasons, or NIS NORTH INCOMING SERVICE must have been well aware of the defect anyway.
(3) Prior to the execution of service, Client shall be provided with an emergency phone number or other data for immediate contact with NIS NORTH INCOMING SERVICE. Client is obligated to forward the contact data to the responsible participants.
(4) Client shall inform participants on their obligation to pay themselves for any extra service on site not contained in the Confirmation of NIS NORTH INCOMING SERVICE, such as e.g. visitor’s tax, other local levies, and costs of Pay-Tv, minibar or parking fees. NIS NORTH INCOMING SERVICE will not bear any of these costs.
(5) Furthermore, Client shall inform participants on guarantees by credit card or cash deposits local SERVICE providers may require to be made. NIS NORTH INCOMING SERVICE shall inform Client in due time of such requirements.
(6) It is incumbent on Client alone to notify his participants in due time on pertinent passport, visa and healthcare regulations, as well as any amendments thereof.
Art. 13 Exclusion of Claims, Statute of Limitation
(1) Claims based on deficient service shall be stated by Client toward NIS NORTH INCOMING SERVICE within one week following the scheduled rendering of such SERVICE .
(2) The shorter statute of limitation shall not apply to claims for losses caused by gross negligence, and bodily harm.
Art. 14 Limited Liability
(1) By statute, NIS NORTH INCOMING SERVICE shall be liable for damage to life, the body and health resulting from intentional or reckless breach of duties by NIS NORTH INCOMING SERVICE, his statutory representatives or vicarious agents. NIS NORTH INCOMING SERVICE shall also be liable for damage not covered by sent. 1 but resulting from intentional or reckless breach of duties by NIS NORTH INCOMING SERVICE s, his statutory representatives or vicarious agents, in line with the pertinent statutory regulations.
(2) NIS NORTH INCOMING SERVICE shall also be liable for losses caused by negligence to the extent they result from a violation of rights to be granted by Client in line with the content and purpose of the contract, and/or by a breach of duties required in the first place for the proper implementation of the contract, on which Client does, and may, normally rely (cardinal obligations). Liability for material damages and pecuniary losses hereunder is limited to the foreseeable loss typical for such contract.
(3) In other respects, liability for material damages and resulting pecuniary losses is limited to 1.000.000 Euros per occurrence, even in case of a breach of contractual obligations.
(4) The liability as set by the Basque Tourism Law (LEY 13/2016, de 28 de julio, de Turismo de Euskadi) and the Decree 81/2012 about Travel Agencies, damage or claims are limited to 1.800.000 Euros per occurrence, even in case of a breach of material contractual obligations.
(5) In other respects, liability is excluded – unless mandatory by statute.
Art. 15 Sundry Provisions
(1) Subject to other individual agreements, the entire covenant between NIS NORTH INCOMING SERVICE and Client shall be governed by German law.
(2) If Client is deemed a legal entity of public-law, or a special fund under public law, exclusive jurisdiction for all claims resulting from or related to this contract is agreed upon to be the domicile of NIS NORTH INCOMING SERVICE. The same shall apply to persons having no general place of jurisdiction in Germany, or having moved their domicile or usual abode abroad, after contracting, or persons of unknown domicile or usual abode at the time of suing.
(3) Client shall be entitled to setoff only in the event his counter-claims are established by final judgement, or uncontested by NIS NORTH INCOMING SERVICE, or in close reciprocal connection with NIS NORTH INCOMING SERVICE’s claim. Client is only entitled to exercise a right of retention if his counter-claim is based on the same contractual relationship.
(4) Client is not entitled to assign his claims against NIS NORTH INCOMING SERVICE hereunder without the consent of the latter.
(5) Any invalidity of individual regulations hereof shall not result in the invalidity of the contract as a whole.
Basque Tourism Law (LEY 13/2016, de 28 de julio, de Turismo de Euskadi)
Basque Travel Agencies Decree 81/2012, de 22 de mayo)
Directive (EU) 2015/2302 of the European Parliament and of the Council of 25 November 2015 on package travel and linked travel arrangements, amending Regulation (EC) No 2006/2004 and Directive 2011/83/EU of the European Parliament and of the Council and repealing Council Directive 90/314/EEC
Bilbao, May 2018
Your privacy and rights are respected on our company
NIS respects and protects the personal data you give us, and you should know that your rights are guaranteed.
Our principles regarding users’ privacy are the following:
- We never request personal information unless it is indispensable to provide the services users require.
- We only share personal information with our providers to provide our services.
Data controller responsible for processing your personal data
- Identity of the Controller: NORTH INCOMING SERVICE S.L.
- Trading name: NIS
- Fiscal ID Number (NIF/CIF): B48511034
- Address: C/ Arbidea 7, dept. 14- 48004 Bilbao
- Email: email@example.com
- Activity: Travel agency specializing in Incentive Travel, Meetings, Product Launches and Conferences. Travel Agencies that undertake these activities are known as DMCs (Destination Management Companies).
Principles that we apply to personal information
In the processing of personal data, the following principles are involved, all of which comply with the demands of the new European regulation on data protection:
- Principle of lawfulness, fairness and transparency: We always require the consent of the data subject to process their personal data for either one or various specific purposes which we will explain in advance with total transparency.
- Principle of minimizing data: We only request such data as are absolutely necessary for the purposes for which they are required and always the minimum amount possible.
- Principle of storage limitation: The data will not be held for longer than strictly necessary to achieve the purpose of their processing.
- Principle of integrity and confidentiality: Data will be processed in such a way as to guarantee the adequate security and confidentiality of personal data.
Your rights when you provide us with your personal data
Data subjects have the right to:
- Request access to personal data relative to the data subject
- Request its rectification or erasure
- Request that the processing is limited
- Object to the processing
- Request the portability of the data
They can access their personal data and request the correction of inaccurate data or, where appropriate, request its erasure when, among other reasons, the data are no longer necessary for the purposes for which they were collected. In certain circumstances, they can request limiting the processing of their data, in which case they are only kept for exercising or defending claims that may arise. In certain circumstances, and for reasons relating to their particular situation, data subjects may object to the processing of their data. NIS will stop processing the data, except for compelling legitimate grounds, or the exercise or defense of possible claims. They can also request the portability of their data. Data subjects also have the right to lodge a complaint with the controlling authority, in this case the Spanish Data Protection Agency, if they feel that the processing of their data infringes the Regulation.
Our purpose in processing your personal data
We use the information provided for the following purposes:
- To answer the emails received.
- To respond to requests for proposals or quotations.
- To attend to and meet the commitments established between the two parties.
- To guarantee compliance with the conditions of use and the applicable law.
- To send commercial information about our programs.
- To manage social media. NIS may have a presence on social media. This section governs the processing of data obtained from people who become social media followers through NIS’s official pages. NIS will process personal data for correctly administering the users’ presence on social media, advising them of NIS activities, products and services and for any other purposes permitted under regulations governing social media. Under no circumstances will the profiles of social media users be used to send advertising material individually.
- We might transfer personal data to our suppliers, by prior consent, to the provision of the services request.
In accordance with the provisions of the General Data Protection Regulation (GDPR) 2016/679, NORTH INCOMING SERVICES S.L. with a registered office at Calle Arbidea Nº 7, dep. 14, 48004 Bilbao, will be the controller of data. NIS does not sell or pass on personal data to third parties that could identify the user without prior consent, nor will it do so in the future.
Legitimacy for the processing of your data
The legal basis for processing your data is:3
- The fulfillment and execution of a contract with NIS
- The consent to the prospective or commercial offering of products.
- Compliance with applicable legal obligations.
The categories of data processed are as follows:
- Identifying data (name, address, email address…)
- Economic data (bank accounts, etc…)
Specially protected data are not processed.
How long do we keep your data?
Personal data are stored according to the following criteria:
- Until the data subject requests their erasure
By browsing the website, non-identifying data may be collected that might include IP addresses, approximate geographical location, a log of how sites and services are used and other data that cannot be used to identify the user. Among the non-identifying data are also those obtained through third-party services relating to browsing habits. This website uses the third party analysis service of Google Analytics.
Data secrecy and security
In using and processing personal data NIS commits itself to respecting their confidentiality and using them for the stated purpose, as well as complying with its obligation to store them and adopt any necessary measures to prevent their alteration, loss, unauthorized processing or access in accordance with the provisions laid down in the current data protection regulation. NIS cannot guarantee the absolute impregnability of the internet network and the following potential violation of data through fraudulent access to them by third parties.
Accuracy and truthfulness of data
You are the only person responsible for the accuracy and correctness of the data you submit to NIS, exonerating NIS from any responsibility in this respect. In all cases, users guarantee and are responsible for the accuracy, validity and authenticity of the personal data provided, and commit to keeping them duly updated. Users accept that they should supply complete and correct information on contact or subscription forms.
Acceptance and consent
NIS reserves the right to amend the current policy in order to adapt it to new legislation or jurisprudence as well as to industry practices.
Doubts or queries about this policy or your rights
If you have any comments or questions regarding this policy, or if you have a concern about the way in which any personal information provided has been handled, you can contact us by post or by email at the following address: firstname.lastname@example.org
Document revised on 25/05/2018