Terms and Conditions diva.travelⓇ
General
1.1 These terms and conditions apply to all advertisement offers and orders placed via diva.travel® part of diva consulting BV, with corporate registration number BE 0445.233.463 and with registered offices at de Villegas de Clercampstraat 193/0201, 1853 Brussels (Strombeek-Bever), Belgium.
1.2. diva.travel® explicitly rejects any deviations from these terms and conditions unless they have been explicitly accepted by us in writing.
Proposals and orders
2.1. Orders are always placed via a signed order form, delivered in writing, or by email. Orders placed in any other way are considered valid agreements, however diva.travel® cannot be held liable for errors and/or misunderstandings.
Commitments
3.1. All contractual commitments by diva.travel® are obligations of means.
3.2. The client shall provide the material necessary on time; such material must be delivered according to the technical specifications. If the material is not suitable, diva.travel® is authorized (if technically possible and without any obligation on the part of diva.travel®) to modify it. Any costs arising from such modification will be charged to the client.
3.3. Shortcomings in the provided materials can never result in price reductions, compensation for damages, and/or make-good advertisements and/or other compensations.
3.4. Any visuals, footage, and input provided by the partner can be stored and used by diva.travel® for and on different marketing activities and platforms.. The partner reserves the right to request, amend or delete these visuals, footage, and input.
Rates
4.1. Services are invoiced by the rates agreed upon within the signed order form and via a 35/35/30 payment principle or a full upfront payment, see article 7.1 below.
4.2. diva.travel® reserves the right to amend service rates and/or formats at any time.
Liability
5.1. Except in the event of gross negligence on the part of diva.travel®, diva.travel® can never be held liable for any failure to implement advertising activities due to technical problems or other malfunctions. Such malfunctions are considered force majeure, see article 8 below.
5.2. The client is the responsible publisher of its advertisement and is at all times accountable for the content of its advertisement and for any further consequences of any advertisement placed on its behalf. The client will always be required to pay for all direct and indirect costs related to its advertisement (e.g. publication costs of a right of reply, publication costs of a corrected version, publication costs of a ruling, etc.) at the rates in effect at the time of agreement.
5.3. The client indemnifies diva.travel® against any third-party claims and guarantees that it has all intellectual, portrait, and other rights for the services and advertisements used.
5.4. diva.travel® has the right to state clearly that the advertisement is an advertisement and may also publish the client’s identity, the responsible publisher, see article 5.2 above.
5.5. diva.travel® cannot be held liable in the event of damage to the materials provided by the client.
5.6. If the client leaves the responsibility for the execution of an advertisement, event or other service to diva.travel® without specific instructions, diva.travel® cannot be held responsible.
Right of refusal
6.1. diva.travel® has the right to refuse to carry particular advertisements and/or to cancel a run even after the order has been accepted and/or the run has started. diva.travel® is not obligated to state reasons for its refusal or cancellation and is not liable for any compensation as a result of such refusal or cancellation.
Payment
7.1 All agreed order forms are invoiced standardly according to a 35/35/30 payment principle; see articles 7.1.1, 7.1.2, and 7.1.3 below. When stated on the order form, diva.travel® demands full upfront payment.
7.1.1 Advance invoice 1: 35% of the total amount stated within the agreed order form will be invoiced upon signing the order form. This payment acts as an official confirmation. Official timings can only be provided after payment. If diva.travel® provides timings before payment, these are indicative only.
7.1.2. Advance invoice 2: 35% of the total amount of the signed order form, will be invoiced 30 days before the start of the first starting service.. diva.travel® has the right to withhold implementation of the predetermined timings until payment in full is completed..
7.1.3 Final invoice: 30% of the total amount of the signed order form will be invoiced after the campaign has been completed. The lack or incompleteness of campaign reporting can never be a reason to withhold payment.
7.2 Invoices of diva.travel® are due 15 days after the invoice date. All costs related to the payment of the invoice are the responsibility of the client.
7.3 In the event of a failure to pay in full or on time, diva.travel® holds the withhold action on made promises and agreements and reconsiders any future collaboration.
Force majeure
8.1. Any party who feels that it is entitled to invoke force majeure to justify the failure to fulfil one or more of its obligations, in whole or in part, as agreed, will inform the other party of that fact in writing or by email within eight working days of becoming aware of the incident of force majeure.
Disputes
9.1. Complaints concerning provided services must be sent to diva.travel® by registered letter within eight working days of publication or start date of the related service.
9.2. Complaints concerning invoices must be sent to diva.travel® by registered letter within eight working days of the invoice date.
Applicable law
10.1. Belgian law always applies, and, in the event of a dispute, the courts of Brussels are solely competent.