Terms and Conditions

User Terms

Article 1 - Definitions

A number of recurring terms are used in these terms of use. These terms, capitalized and in both singular and plural, have the following meaning:

a. User: the natural person who has created a user account on the Travel Diaries Platform and has thereby indicated that he agrees with the provisions of these terms of use.

b. Content: all provided by the User to Travel Diaries B.V. offered content, in whatever form, that is hosted on the Travel Diaries Platform.

c. Travel Diaries Platform: the online platform that can be consulted via www.traveldiariesapp.com, which enables the User to create and maintain an online (travel) diary.

d. Travel Diaries B.V.: the private company with limited liability Travel Diaries B.V., with its registered office and principal place of business in (3233 DC) Oostvoorne and which is entitled to all rights of the Travel Diaries Platform.

e. Third parties: a natural person or legal entity who, organizationally or legally, does not provide Travel Diaries B.V. is affiliated.

f. Reporter: the natural or legal person who reports punishable, infringing or unlawful content on the Travel Diaries Platform.

Article 2 - Rights and obligations of the user

1. This document is an Agreement between you as a User of the Travel Diaries Platform on the one hand and Travel Diaries B.V. on the other hand.

2. Before you can use the Travel Diaries Platform, you must register as a User. Only registered Users can use the Travel Diaries Platform. By registering on the Travel Diaries Platform, you declare that you have read and agree to these terms of use.

3. Travel Diaries B.V. reserves the express right to take appropriate measures against misuse on the Travel Diaries Platform. Abuse is understood to mean: using the Travel Diaries Platform in a different way as described in these terms of use, as well as using the platform in a way that infringes the rights of Travel Diaries B.V. and/or third parties. Travel Diaries reserves the right to report this abuse to the competent authorities in the event of misuse.

4. In any case, the following behavior is contrary to these terms of use:

a. posting discriminatory, hateful or offensive content;

b. posting content with an erotic or pornographic content;

c. mentioning personal names, personal residential addresses, telephone numbers, email addresses, images and other privacy-sensitive data that can be traced back to an individual person without any legal basis;

d. distributing Trojan horses, worms or other software that can damage the Travel Diaries Platform, make it unusable or inaccessible, or that can otherwise cause damage to Travel Diaries B.V. and/or third parties.

e. behavior that interferes with the undisturbed experience of the Travel Diaries Platform for others;

f. impersonating another person;

g. posting content that infringes on the intellectual property rights of third parties;

h. other unlawful acts under Dutch law or the instigation thereof.

5. If Travel Diaries B.V. finds that the User has acted or will act contrary to the provisions of these terms of use, it is entitled to block the User's account, to deny the User further access to the Travel Diaries Platform and/or to remove the posted content.

6. The provisions of these terms of use also remain applicable after User or Travel Diaries B.V. has terminated the use of the Travel Diaries Platform.

Article 3 - Personal data

1. The User provides personal data to Travel Diaries B.V. when the User logs in or registers on the Travel Diaries Platform. Travel Diaries B.V. processes this personal data to enable you to use the Travel Diaries Platform, to optimize the platform or to recover your login details, place orders and possibly contact you. For further information about the processing of personal data, reference is made to the privacy policy on the website www.traveldiariesapp.com.

2. Travel Diaries B.V. In principle, do not make your personal data available to third parties, unless and insofar as Travel Diaries B.V. is forced to do so in order to perform the agreed service with the User or if it is obliged to do so by law or a court order.

Article 4 - Access to the platform

1. To prevent unauthorized persons from gaining access to the Travel Diaries Platform, Travel Diaries B.V. the User can only access the Travel Diaries Platform by logging in with an account. The User creates a username and password for this. Logging in via third-party platforms is also possible. The use of the Travel Diaries Platform is only possible after the User has entered the username and password via the login screen.

2. The User must carefully store his or her personal login details, not provide them to third parties and keep them completely secret. The User guarantees Travel Diaries B.V. that the password is not used by unauthorized persons. The user is liable for the consequences of any unauthorized use, misuse or incorrect use of your login details on the Travel Diaries Platform.

Article 5 - Availability and maintenance

The Travel Diaries Platform is, except during maintenance, available to the User 24 hours a day and 7 days a week to create, consult, adjust and/or order (travel) diaries. Maintenance of the Travel Diaries Platform can be done at any time by Travel Diaries B.V. time deemed appropriate.

Article 6 - Notice-and-Takedown policy

1. In the event that a Reporter establishes that there is illegal, punishable or infringing content on the Travel Diaries Platform, he or she will report this to Travel Diaries B.V. as soon as possible. by sending an email to [email protected]. Travel Diaries B.V. investigates all reports thoroughly and may accordingly take appropriate action to remove and keep the unlawful, criminal or infringing content removed.

2. After receipt of a report, Travel Diaries B.V. assessed whether the content is unmistakably punishable, unlawful or infringing against the Reporter or those represented by the Reporter.

3. If, according to Travel Diaries B.V. there is clearly unlawful, infringing and/or criminal content, Travel Diaries B.V. inform the Reporter and User of this as soon as possible and motivate this. Travel Diaries B.V. ensures that the relevant content will be removed from the Travel Diaries Platform without delay.

4. If no unequivocal judgment is reached about the illegality, the infringing nature or the criminality of the Content, Travel Diaries B.V. inform both User and Reporter thereof. Travel Diaries B.V. will in that case immediately remove the Content from the Travel Diaries Platform and keep it removed. The Reporter and the User must, where appropriate, reach a mutual agreement about the criminality, the infringing nature or the illegality of the Content.

Article 7 - Deletion for inactivity

1. Travel Diaries B.V. reserves the express right to delete the User's account if no activity is detectable after 12 months. Before Travel Diaries B.V. decides to delete the inactive account, it informs the User of this intention by e-mail. The user then has 4 weeks to start using the account again.

2. If the User starts using the account again within the term specified in the previous paragraph, Travel Diaries B.V. from its intention to remove. If the User does not start using the account, Travel Diaries B.V. be passed.

Article 8 - Liability

1. Travel Diaries B.V. is not liable for the consequences, legal or otherwise, of the activities of the User on the Travel Diaries Platform, neither in the Netherlands nor abroad.

2. Travel Diaries B.V. furthermore excludes all liability for direct or indirect damage suffered by the User, in whatever form, arising from and/or related to the use or the content of the Travel Diaries Platform or the (temporary) inability to use the Travel Diaries Platform. to use and/or consult.

3. If Travel Diaries B.V. is held liable by third parties due to content that is unlawful or that infringes the rights of these third parties, Travel Diaries B.V. entitled to recover the resulting damage for it from the User.

Article 9 - Amendment clause

Travel Diaries B.V. has the right to supplement or change the content of these terms of use at any time. Travel Diaries B.V. will provide the amended terms of use to the User prior to their coming into effect. If the User does not agree to the amended terms of use prior to the entry into force, Travel Diaries B.V. deny access to the Travel Diaries Platform until User agrees to the amended terms of use.

Article 10 - Applicable law

1. Dutch law applies to these Terms of Use.

2. If one or more provisions of these Terms of Use is or becomes void, voidable or otherwise unenforceable, this does not affect the legal validity of the other provisions. An enforceable alternative provision will then be determined. In doing so, the nature, purport and intention of the void, voidable or otherwise unenforceable provision will be taken into account as much as possible.

3. The Travel Diaries Platform is provided by Travel Diaries B.V. managed. Disputes arising as a result of the services provided by Travel Diaries B.V. via the Travel Diaries Platform, will in the first instance only be submitted to the competent court in the district of the District Court of Rotterdam, depending on the nature of the dispute, unless Travel Diaries B.V. prefers to submit the dispute to the competent court in the User's place of residence.

General Terms & Conditions

1. General

1.1 These terms and conditions apply to all offers of Travel Diaries. The conditions are available for everyone and included on the website of Travel Diaries.
1.2 The use of the editor and blog of Travel Diaries is completely free for the first 14 days. So you can create and share diaries and test the software for free by creating an account. The only service of Travel Diaries for which you pay is the (optional) printing of your diary and signing up for the premium subscription to maintain access to the account after the trial period.
1.3 By placing an order, you indicate that you agree to the delivery and payment terms and conditions. Travel Diaries reserves the right to change these.
1.4 Unless otherwise agreed in writing, the general or specific conditions or stipulations of third parties are not recognized by Travel Diaries.
1.5 Travel Diaries guarantees that the product delivered meets the contract and meets the specifications listed in the offer.

2. Delivery

2.1 The expected delivery times are two weeks for all books. We are not responsible for any delay caused by the delivery company.
2.2 In the context of the rules of distance selling, Travel Diaries will execute orders within 14 days. If this is not possible (because the book needs to be reprinted), or there are other reasons for delay, or an order can not or only partially be executed, the consumer receives their money back within one month after placement of the order and in that case has the right to cancel the order without penalty.
2.3 The supply obligation of Travel Diaries will, subject to proof, be fulfilled once the goods supplied by Travel Diaries are offered to the customer.
2.4 All terms mentioned on the website are indicative. No rights can be derived from those terms.

3. Prices

3.1 Prices are not increased within the term of the offer, unless legal action is necessary or if the manufacturer alters their prices within this period of time.
3.2 No liability is accepted for the consequences of misprints of the prices on our website.
3.3 All prices on the site are in Euros and include 9% VAT.

4. Exchange/Return

4.1 Because the diaries are made entirely according to the specifications of the consumer and have a personal and unique nature, exchanging or returning a printed travel diary is not possible.
4.2 If the diary is damaged or contains typographical errors, please contact Travel Diaries within seven days. We will arrange for a suitable solution.

5. Data

5.1 If you place an order with Travel Diaries, your data will be included in the customer base of Travel Diaries. Travel Diaries adheres to the Data Protection Act and will not provide your information to third parties. See our Privacy Policy.
5.2 Travel Diaries respects the privacy of the users of the website and ensures confidentiality of your personal information.
5.3 Travel Diaries makes use of a mailing list. Each mailing includes instructions on how to remove your email address from this list.
5.4 You can delete your account by going to 'Account settings' on your dashboard and pressing the 'Delete account' button. We will then permanently delete all data on your account, including the created diaries. 

6. Offers

6.1 Offers are not binding unless otherwise stated in the offer.
6.2 Verbal agreements with Travel Diaries are valid only after they have been confirmed in writing.
6.3 Travel Diaries’ offers do not automatically apply to repeat orders.
6.4 Travel Diaries cannot be held to its offer if the customer should understand that the offer, or any part thereof, contained an obvious mistake or error.
6.5 Additions, modifications and/or further agreements are valid only if agreed to in writing.

7. Images and specifications

7.1 All images and photos concerning weight, dimensions, colors, graphics, labels, etc., on the website of Travel Diaries are only approximate. They are indicative and may not give rise to damage claims or rescission of the contract.

8. Force majeure

8.1 Travel Diaries is not liable in any way when it cannot fulfil its commitments due to force majeure.
8.2 Force majeure shall mean any strange reason and any circumstance that in reasonableness should not be for the risk of Travel Diaries. Delay or failure by our suppliers, disruptions in the Internet, disruptions in the electricity, failures in email traffic and disturbances or changes in third party technology, transport problems, strikes, government measures, delays in supply, omissions of suppliers and/or manufacturers of Travel Diaries as well as from individuals, disease, defects in appliance or shipment are explicit cases of force majeure.
8.3 In case of force majeure, Travel Diaries reserves the right to suspend its obligations and is entitled to dissolve the agreement in whole or in part, or to amend the content of the agreement so that the execution of the command is still possible. Travel Diaries is in no way obligated to pay any penalty or damages.

9. Applicable Law/Jurisdiction

9.1 All contracts are subject to Dutch law.
9.1 Disputes arising from an agreement between Travel Diaries and the buyer, which cannot be resolved by mutual agreement, will be handled by the competent court within the district of Rotterdam, unless Travel Diaries prefers to submit the dispute to the competent court of the domicile of the buyer, with the exception of those disputes that fall under the jurisdiction of a magistrate.

Version valid from May 1, 2014