For some people, it is a big wish to ride a motorbike once in their life on the Route 66 from Chicago to the Santa Monica beach in Los Angeles. It is a beautiful historic route of nearly 4000 km, across the United States. For this reason package tours are offered for adventurous people.
In this case it was a man who had booked a two week package, including motor. On the website of the tour company it was stated that the motorbikes were maximally insured and that there was no deductible and that these were young motorcycles and that the prices were complete without unexpected additional costs. Furthermore, it was stated: "What you dream is what you get ... and much more !!!"
The travel company was not the cheapest provider, but because of the lack of deductible it was decided to book with this travel organization. During a stopover the engine was parked on a slightly sloping parking lot and the engine has fallen (converted) about € 900, - damage as a result.
However, in the general terms and conditions of the travel organization it turned out to be a snag: a so-called "Unless clause". This stated that there was no deductible 'unless' there was a (large) number of cases in which there was also an excess of a maximum of 2,000 dollars. For that reason, the tour operator demanded compensation for the damage.
The tenant argued that he did not have to pay because the 'unless-clause' conflicts with reasonableness and fairness. The court considered this defence as an appeal to a fairly recent legal rule on the basis of which an agreement can be annulled if it is the result of an 'unfair commercial practice'. According to the judge, in this case there was an 'unfair commercial practice' because the general terms and conditions in combination with the text on the website were very unclear and ambiguities in general conditions come under the law on behalf of the person who uses the general terms and conditions. . The claim of the travel organization to compensate the damage was therefore rightly rejected. Life is a highway.
mr. H.C. (Niels) Uittenbogaart