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Terms and Conditions for Package Travel.

Article 1     Introduction

 

Article 1.1
These travel conditions apply to package travel agreements that the organizer, The InterChange,
concludes with you as a travel group or traveller.

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Article 1.2
This organizer may also declare these travel conditions applicable to individual travel services, such as accommodation, excursions, or workshops. The organizer will then explicitly state this in the offer.

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Article 1.3
As a travel group or traveller, you have the right to cancel the travel agreement free of charge within 24 hours of its conclusion, without giving reasons, unless the organizer has excluded this right in the offer and confirmation by using the term "definite booking." In this context, "traveller" refers exclusively to the main booker/booker. You do not have a right of withdrawal if you conclude the package travel agreement within 8 weeks of departure.

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Article 1.4
Business days: Monday through Friday from 9:00 AM to 5:30 PM, excluding public holidays in the Netherlands.  Weekend: the period between 5:30 PM on Friday and 9:00 AM on Monday.

Article 2     Information from the tour operator

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Article 2.1
The organizer has provided you with the legally required standard information as well as the main
characteristics of the travel services prior to concluding this agreement.

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Article 2.2
The organizer may make the conclusion of the package travel agreement conditional upon you taking
out travel insurance and may also ask you to prove that you have done so.

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Article 2.3

The organizer accepts no responsibility for general information in photos, brochures, advertisements,
websites and other information carriers, if these have been prepared or published by third parties.

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Article 2.4
If the organizer's offer is online, the information contained therein forms part of the agreement,
unless otherwise stated. An organizer's online offer can change quickly. If you want to be able to
demonstrate exactly what the offer entails later, please print the screen (printout) showing the
organizer's offer when booking.

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Article 2.5
Notwithstanding the foregoing, you remain responsible for obtaining additional information from the
relevant authorities regarding passports, visa requirements and health formalities (including
vaccinations) and you must also check in good time before departure whether the information
previously obtained has changed.

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Article 2.6
For air travel, the organizer will inform you of the identity of the operating airline as soon as it is
known to the organizer. The final departure and arrival times of the transport components of the trip
are stated in the travel documents at the latest.

Article 3     Information to be provided by you


Article 3.1
You must provide all information about yourself and the travellers you have registered that may be relevant to concluding or executing the agreement, in good time before the agreement is concluded. This includes, but is not limited to, your mobile phone number(s) and your email address(es).

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Article 3.2
You must provide details about your own physical and mental condition, and those of the group of travellers you have registered, which may be important for the proper execution of the trip.

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Article 3.3
Failure to comply with your duty of disclosure may result in the organizer or someone acting on their behalf excluding you and any fellow travellers from (further) participation in the trip. In that case, the organizer will charge you for all associated costs.

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Article 3.4

You can request the organizer to change the tour package for medical or other reasons. If there are any costs involved, the organizer will inform you. The organizer is not obligated to honour such a request. If they do, you are obligated to reimburse the costs associated with the change.

Article 4     Confirmation/Cancellation by the organizer


Article 4.1
By accepting the organizer's offer, including the applicable terms and conditions and receiving the legally required information, the agreement is concluded. You will receive a confirmation and/or invoice upon or immediately after the agreement is concluded.

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Article 4.2
For package travel agreements concluded by telephone, you are only bound by the agreement after the organizer has confirmed the trip. This confirmation should preferably be in writing (including by email). If you make a (down) payment, this will in any case serve as proof that you have accepted the organizer's offer.

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Article 4.3
The organizer may cancel the travel agreement within the period stated in the offer if the number of registrations is less than the required minimum number of participants announced prior to booking.


The organizer will notify you of this no later than:

  • 20 days before departure for trips of more than six (6) days,

  • 7 days before departure for trips of two (2) to six (6) days;

  • 48 hours before departure for trips of less than two (2) days.


If you have already made (down) payments, the organizer will refund you within the period stated in Article 4.5 & Article 4.4. The organizer's offer is non-binding. They may revoke the offer if necessary, even after your acceptance and any confirmation thereof. The organizer must make the revocation as soon as possible, but in any case within 48 hours after the date of acceptance, stating the reasons. If you accept the offer during the weekend, the organizer's revocation period begins at 9:00 AM on the following Monday morning.

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Article 4.5
In all cases where you are entitled to a refund of payments already made, the organizer will do so without delay, but in any case within 14 days after the right to a refund arose.

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Article 4.6
Obvious errors and/or mistakes do not bind the tour operator. These types of errors and mistakes are, or should be, recognizable as such from the perspective of the average traveller.

Article 5     Changes by the organizer


Article 5.1
The organizer reserves the right to amend the travel agreement for minor changes provided they
have notified you of these changes in a clear, understandable, and prominent manner. You cannot
reject this amendment.

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Article 5.2
If the organizer is forced to make a significant change to your trip before it begins, they will inform
you clearly and comprehensibly and ask you whether you accept the proposed changes or cancel the
travel agreement free of charge. If the changes impair the quality or cost of the package, the
organizer will simultaneously make an appropriate proposal to reduce the price. Significant changes
are defined as changes to the main characteristics of the travel services as defined in Article 2.1.

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Article 5.3
For trips that begin 14 days or later after notification of the change referred to in the previous
paragraph, you must inform the organizer of your decision no later than 48 hours after receiving the
notification. For trips that begin within 14 days of notification, you must inform the organizer of your
decision without delay, and in any case within 24 hours. If you do not communicate your decision
within the specified period, you are deemed to have accepted the changes.

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Article 5.4
The organizer has the right to increase the price of the trip by up to 8% up to 20 days before
departure, but only if this is attributable to:

  • increase in the cost of fuel or;

  • increase in the cost of other energy sources or;

  • increase in taxes or;

  • increase in fees for the travel services included in the agreement, levied by third parties not directly involved in the execution, including tourist taxes, landing fees and departure or arrival taxes at ports and/or airports. 

 

The organiser may include in its supplementary terms and conditions that it also reserves this right to increase prices in the event of an increase in exchange rates that are relevant to the package.

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Article 5.5
If the organizer increases the travel price by more than 8% within the limits of Article 5.4, you have
the right to reject this increase and to cancel the travel agreement free of charge. Articles 5.2 and 5.3
also apply.

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Article 5.6
By way of exception to Article 5.4, the organizer will no longer change the travel price from the date
on which the full travel price must be paid according to the organizer's terms and conditions and you
have actually paid the travel price.

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Article 5.7
If you do not accept the changes and the organizer cannot offer you an alternative trip, or if you do
not accept it, the organizer will refund all amounts paid by you immediately and in any case within
14 days of termination.

Article 6     Assistance and support

 

Article 6.1
The organizer will provide assistance and support if you encounter difficulties. This also applies to
unavoidable and extraordinary circumstances that prevent the trip from proceeding in accordance
with your reasonable expectations under the agreement. This assistance consists of adequate
information about medical services, local authorities, consular assistance, and support in using
communication and finding alternatives. The party responsible for the circumstances that gave rise
to this assistance and support will bear the costs.

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Article 6.2
If these difficulties are the result of intent or negligence on your part, you will also be responsible for
the organizer's own costs. These costs will not exceed the actual costs incurred by the organizer and
any third parties engaged by them.

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Article 6.3
If transportation is part of the trip and your return on the agreed date cannot be arranged due to
force majeure, you are entitled to a maximum of three (3) free nights in equivalent accommodation,
if possible.

Article 7     Execution of the agreement and liability of the organizer


Article 7.1

The organizer will ensure that the travel agreement is performed in accordance with your reasonable
expectations under the agreement. If a specific component cannot be performed as agreed and you
have notified the organizer without delay, the organizer will ensure that the agreement is performed
accordingly. This is unless this is impossible or involves such high costs that you cannot reasonably
expect the organizer to do so.

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Article 7.2
If a significant portion of the services cannot be provided, the organizer will provide suitable
alternatives of at least equivalent quality free of charge. During the period in which the travel
agreement is not performed in accordance with what you can reasonably expect under the
agreement, and even if the alternatives offered are of inferior quality, the organizer will offer an
appropriate price reduction.

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Article 7.3
You have the right to reject the proposed alternatives if they are not comparable to what was agreed
upon in the travel agreement. If the offered alternative is of inferior quality, you can reject it if the
offered price reduction is insufficient.

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Article 7.4
When assessing the alternative offered and/or the price reduction offered, objective criteria derived
from the alternative offer will be taken into account. These include the following circumstances:

  • The location of the accommodation at the destination;

  • the nature and class of the accommodation;

  • the other facilities the accommodation offers.


This assessment will also take into account:

  •  The composition of the travel group;

  • The characteristics of the traveller(s) known to and confirmed by the organiser, including the personal circumstances reported by them and accepted and recorded by the organiser;

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Article 7.5
You may remedy a deficiency yourself and are entitled to reimbursement of any necessary expenses
incurred in this regard, if:

 

  • You have informed the organiser in good time that the trip is not being carried out in accordance with your reasonable expectations and the organiser does not remedy this deficiency within a reasonable period set by you, or if the organiser indicates that he cannot remedy the deficiency; 

  • The deficiency must be remedied immediately.

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Article 7.6
If the shortcoming significantly impacts the execution of the trip and the organizer has not remedied
it within a reasonable period, you can cancel the agreement free of charge. In that case, you are
entitled to compensation and/or a price reduction.

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Article 7.7
The organizer's liability for any damage you suffer is limited to three times the tour price, unless the
organizer acted intentionally or negligently. The organizer cannot exclude or limit its liability for
damage resulting from personal injury to the traveller.

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Article 7.8
The organizer is not liable for any failure to fulfill an obligation if this failure is attributable to you, is a
consequence of unavoidable and extraordinary circumstances, or is attributable to a third party not
engaged by the organizer in the performance of the travel services.

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Article 7.9
If a service included in the travel agreement is subject to an EU treaty or regulation, the organizer
may invoke an exclusion or limitation of liability granted or permitted by that treaty or regulation to a
service provider. In the event of cumulative compensation or a price reduction as referred to in this
article, the organizer may offset the compensation against each other.

Article 8     Your rights


Article 8.1     Substitution


Article 8.1.1
You can request the organizer to replace you with someone else. The following conditions apply:

  • The other party meets all the conditions applicable to the agreement; and

  • You must submit the request no later than 14 calendar days before departure in a manner

communicated in advance by the organiser, or in sufficient time for the organiser to carry out
the necessary actions and formalities; and The terms and conditions of the service providers involved in the performance do not preclude this substitution.

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Article 8.1.2
The registrant, you, and the person replacing you are jointly and individually liable to the organizer
for payment of the remaining portion of the travel sum, the amendment costs, surcharges, and other
costs resulting from the replacement.

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Article 8.1.3
At your request, the organizer will make these costs clear and, if you so request, will provide you with
documents showing these costs.

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Article 8.2      Travel documents


Article 8.2.1
The organizer will indicate in the confirmation at what time and in what manner he will make the
travel documents available to you.

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Article 8.2.2
If you have not received your travel documents by the time specified by the organizer, but no later
than 5 working days before departure, please report this to the organizer without delay.

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Article 8.3     Guarantee in case of financial inability


Article 8.3.1
If the organizer is unable to meet its obligations due to financial inability, arrangements will be made
for the trip to be carried out by another party, or for the travel price to be reimbursed, or if the trip
has already been partially enjoyed, a proportionate share thereof.

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Article 8.3.2
If the package includes passenger transport, this guarantee also covers your repatriation. The
guarantee covers at least reasonably foreseeable costs, including accommodation costs pending
repatriation and the travel price already paid in full or in part (in advance), in accordance with the
terms and conditions of the relevant guarantee fund.

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Article 8.3.3
The organizer provides this guarantee by having joined the ‘VZR Garant’ guarantee fund.

Article 9     If you want to cancel


Article 9.1
You can cancel the travel agreement before the start of the package. If you do so, you are obligated to compensate the organizer for any damages incurred as a result of the cancellation. These damages amount to a maximum of one time the travel price.

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Article 9.2
Unless the organizer agrees otherwise with you, the percentages (fixed damages) agreed upon below will apply, based on the time of cancellation, any expected cost savings, and any income the organizer may receive from reselling the trip you cancel, in addition to any booking fees due:

 

  • In case of cancellation up to the 42nd calendar day (exclusive) before the day of departure: the deposit but not more than 35% of the travel price;

  • In case of cancellation from the 42nd calendar day (inclusive) to the 28th calendar day (exclusive) before the day of departure: 35% of the travel price;

  • In case of cancellation from the 28th calendar day (inclusive) to the 21st calendar day (exclusive) before the day of departure: 40% of the travel price;

  • In case of cancellation from the 21st calendar day (inclusive) to the 14th calendar day (exclusive) before the day of departure: 50% of the travel price;

  •  In case of cancellation from the 14th calendar day (inclusive) to the 5th calendar day (exclusive) before the day of departure: 75% of the travel price;

  • In case of cancellation from the 5th calendar day (inclusive) until the day of departure: 90% of the travel price;

  • In case of cancellation on the day of departure or later: the full travel price.

  • In this context, the travel price is defined as the price published by or on behalf of the organizer.

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Article 9.3
If a traveller in a group cancels their share of the travel agreement, cancellation fees will be charged. The organizer will calculate these fees based on the provisions of the following paragraph.

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Article 9.4
The organizer will offer the remaining traveller(s) a suitable change proposal for the new group size, for the same period. For these traveller(s), the travel price will be adjusted accordingly. The organizer's regular payment policies apply to payment of the adjusted travel price. If the proposed change is not possible or if the remaining travellers do not accept it, the agreement will be cancelled for all travellers, and all travellers will be liable for cancellation fees.

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Article 9.5
The total amount of cancellation fees and amended tour prices does not exceed the total tour price for the original travellers. 

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Article 9.6
Cancellations sent on non-working days are deemed to have been received by the organizer on the next business day. Cancellations sent outside office hours but on a business day before opening hours are deemed to have been received by the organizer on that business day. Cancellations sent outside office hours after closing time are deemed to have been received by the organizer on the next business day.

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Article 9.7
If unavoidable and extraordinary circumstances arise at the destination or in the immediate vicinity that significantly impact the execution of your trip, and the trip has not yet begun, you can cancel the agreement free of charge, and the organizer will refund all prepaid amounts. In this case, you are not entitled to compensation.

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Article 9.8
For trips to an area declared a calamity by the Calamities Fund's Disaster Committee, the situation described in the previous paragraph is assumed to exist. You can cancel free of charge up to three (3) calendar days before departure, or, if possible and you wish, rebook.

Article 10     Payment


Article 10.1
Upon concluding the travel agreement, you will receive information from the organizer about when
the travel sum must be paid (in full). The organizer may require a deposit. The amount of the deposit
will be announced before or upon concluding the travel agreement. If you have not fulfilled your
financial obligations by the time specified by the organizer, you are legally in default.

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Article 10.2
If you are in default, the organizer, or someone on their behalf, will request payment and grant you
14 days to fulfill your obligations. You are advised that if you still fail to pay, the agreement will be
deemed cancelled as of this date. The organizer will deduct any amounts already paid from the
cancellation fees. If your departure date falls within these 14 days, you must pay the full travel sum
no later than 24 hours before departure.

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Article 10.3
If you fail to pay on time, you will owe statutory interest on the outstanding amount from the date of
default. You must also pay the extrajudicial collection costs referred to in paragraph 4 of this article
after a reminder.

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Article 10.4
The extrajudicial costs amount to a maximum of 15% of a travel sum up to €2,500; 10% on the next
€2,500; 5% on the next €5,000 and 1% on the excess, with a minimum of €40. The organizer may
deviate from the stated amounts and percentages in your favour.

Article 11     Your further obligations


Article 11.1
You are obliged to comply with all instructions given by or on behalf of the organizer and you are
liable for damage caused by your actions, to be assessed according to the standard of behaviour of a
proper traveller.

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Article 11.2
If you cause or could cause such a nuisance or inconvenience that it hinders or could hinder the
proper execution of the travel agreement, the organizer may exclude you from the trip (or the rest of
the trip) if you cannot reasonably expect the organizer to continue fulfilling the agreement. You will
be responsible for any resulting costs.

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Article 11.3
You are obliged to avoid and limit any damage on your part as much as possible.

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Article 11.4
You must ensure you have the exact time of departure for your return journey at least 24 hours
before the stated departure time.

Article 12     Complaints (procedure)


Article 12.1
During the trip.
Without prejudice to Article 7, you must immediately report any complaints about the performance
of the agreement on-site so that a solution can be sought. To do so, you must report to – in the
following order:

  • The service provider involved;

  • The tour guide or, if not present or available;

  • The organizer.

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Article 12.2
If the deficiency is not remedied and it affects the quality of the trip, you must report this to the
organizer without delay, i.e. without any attributable delay.

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Article 12.3

If a deficiency is not satisfactorily resolved on site, the organizer will provide the option to register
this in the form of a complaint (complaint report).

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Article 12.4
The organizer will provide information about the procedure to be followed on site, as well as the
contact details and availability of those involved.

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Article 12.5
If you fail to comply with the reporting obligation and/or do not register the complaint in the manner
specified by the organizer, and the service provider or the organizer is therefore not given the
opportunity to remedy the shortcoming, your right to compensation (in whole or in part) may lapse.

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Article 12.6
After the trip.

If your complaint is not resolved satisfactorily, you must submit it as soon as possible, but no later
than two months after the end of the trip (or the service received) or after the original departure
date if the trip did not take place, in the prescribed manner. If a copy of the complaint report is
available, please include it.

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Article 12.7
If the complaint concerns the conclusion of an agreement, you must submit it to the booking office
as soon as possible, but no later than two months after you became aware of the facts to which the
complaint relates.

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Article 12.8
If you do not submit the complaint on time, the organizer may decide not to process it, unless you
are not reasonably to blame.

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Article 12.9
The organizer will provide you with a substantive response within one month of receiving the
complaint.

Article 13 Disputes


Article 13.1

If your complaint is not resolved satisfactorily, or if you do not receive any satisfaction in this regard,
you can, if you wish, submit the dispute to the Travel Disputes Committee, P.O. Box 90600, 2509 LP
The Hague (www.degeschillencommissie.nl) within twenty-four (24) months of the date you
submitted your complaint to the organizer. The Committee handles complaints exclusively from
natural persons.

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Article 13.2
The Disputes Committee issues a ruling under the conditions set out in the relevant regulations. The
Disputes Committee's decision is binding on the parties. You are required to pay a fee for handling a
dispute.

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Article 13.3
All claims will expire two years after the end of the trip or, if the trip did not take place, two years
after the original departure date.

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Article 13.4
If you do not wish to use the binding advice procedure referred to in the previous paragraph, you
have the right to turn to the competent court.

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Article 13.5
Dutch law applies to agreements concluded, amended or supplemented on the basis of these travel
conditions, unless other law applies based on mandatory rules.

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Article 13.6
Only a Dutch court has jurisdiction to hear these disputes, unless another court has jurisdiction on
the basis of mandatory rules.

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