Terms & Conditions

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Terms & Conditions

  1. Definitions
    • Agreement” means jointly the Commercial Offer, the Itinerary Overviews, these Terms and Conditions, and any other document (if applicable) concluded in writing between the Parties.
    • Article” means an Article to these Terms and Conditions;
    • Client” means the natural person(s) or the legal entity identified in the Commercial Offer and signing the Commercial Offer for confirmation and approval;
    • Commercial Offer” means the written document drawn up by The Sybarite Flamingo, including a description of the Services and the Special Terms and Conditions (if applicable);
    • Confidential Information” of a Party means the information of such Party, whether in written, oral, electronic or other form, and which (i) is explicitly marked as confidential or proprietary, or (ii) should reasonably be considered confidential or is traditionally recognized to be of a confidential nature, regardless of whether or not it is expressly marked as confidential, including but not limited to, information and facts concerning business plans, customers, prospects, personnel, suppliers, partners, training methods and materials, financial information, marketing plans, sales prospects, client lists, documentation, designs, prototypes, methods, procedures, and any technical or trade secrets, including all copies of any of the foregoing or any analyses, studies or reports that contain, are based on, or reflect any of the foregoing;
    • Data Protection Laws” means all applicable laws relating to the processing of Personal Data including, while it is in force and applicable to Client Personal Data, the General Data Protection Regulation (Regulation (EU) 2016/679) (“GDPR”);
    • Force Majeure Event” means an event, or a series of related events, that is outside the reasonable control of the Party affected (including but not limited to terrorist attacks, social strikes or actions, changes to law, natural disasters, explosions, fires, floods, governmental regulations, epidemics or pandemics, wars and border closure);
    • Intellectual Property Rights” means rights in and to any intellectual property anywhere in the world, whether registerable or not, registered or not, including rights in and to names, trademarks, trade names, trade dress, service marks, insignias, designs, works of authorship (including copyrights and moral rights), domain names, inventions, whether or not copyrightable or patentable, trade secrets, know-how, or Confidential Information, and any other intellectual and/or industrial property whether arising by operation of law, treaty, contract, license, or otherwise, together with all registrations, applications, renewals, extensions, continuations, divisions or reissues thereof;
    • Itinerary Overview” means the written document drawn up by The Sybarite Flamingo, whether it is “provisional” or “final”, including (i) a description of the Client’s itinerary, (ii) a provisional cost estimation of the Client’s itinerary based upon the indicated budget, and (iii) the Special Terms and Conditions (if applicable); 
    • Party” means The Sybarite Flamingo and/or the Client (as applicable); 
    • Personal Data” has the meaning given to it in the General Data Protection Regulation (Regulation (EU) 2016/679);
    • Services” means the services described in the Commercial Offer to be provided by the Sybarite Flamingo to the Client;
    • Special Terms and Conditions” means the terms and conditions included in the Commercial Offer and (if applicable) the Itinerary Overview and that may deviate from and having priority over the Terms and Conditions;
    • “The Sybarite Flamingo” means The Sybarite Flamingo SL, a company organized and existing under the laws of Spain having its registered office at Caro 70, Bajos, 07013, Palma de Mallorca, Islas Baleares (Spain) and registered with company number B09938275;
    • Terms and Conditions” means these Terms and Conditions; and
    • Third Party” means a natural or legal person, a government agency, a service or any other entity, not being a Party to the Agreement.
  2. General
    1. Without prejudice to the Special Terms and Conditions, each Commercial Offer, Itinerary Overview, document and invoice between The Sybarite Flamingo and the Client shall be subject to the provisions of these Terms and Conditions. In case of discrepancy, inconsistency, contradiction, conflict or ambiguity between the terms of the Commercial Offer and the terms of an Itinerary Overview, the terms of the (final) Itinerary Overview shall apply.
    2. The Client acknowledges to have been informed of these Terms and Conditions in advance and to accept them in full. The terms and conditions of the Client are never applicable. 
  3. Services 
    1. The Client signs the Commercial Offer handed over by The Sybarite Flamingo for confirmation and approval. Subject to the prepayment of the itinerary in accordance with the payment schedule included in the Commercial Offer, The Sybarite Flamingo shall provide the Services as detailed in the Commercial Offer to the Client.
    2. Services that are not expressly included in the Commercial Offer, are deemed to be excluded. Unless explicitly indicated otherwise, any (additional) services will be charged by The Sybarite Flamingo to the Client at an hourly rate as indicated in the Commercial Offer, each hour started counting as a full hour. The Sybarite Flamingo shall execute the Services with all due care pursuant to a best-effort obligation.
    3. If for any reason The Sybarite Flamingo cannot accept a confirmation of a Commercial Offer by the Client, The Sybarite Flamingo informs the Client and refunds the deposit.
  4. Itinerary Overview
    1. Each Itinerary Overview shall include (i) a description of the Client’s itinerary, (ii) a provisional cost estimation of the Client’s itinerary based upon the indicated budget, and (iii) the Special Terms and Conditions (if applicable). Items that are not expressly included in the Itinerary Overview, are deemed to be excluded. The same applies for costs that are not explicitly included in the Itinerary Overview.
    2. The cost estimation included in an Itinerary Overview is indicative and non-binding for The Sybarite Flamingo. Any amendment to the cost estimation shall be communicated by The Sybarite Flamingo to the Client as soon as reasonably possible and, if required, The Sybarite Flamingo will issue a new cost estimation. Under no circumstances The Sybarite Flamingo shall be liable for any cost increases (e.g. airline prices). Once approved, the final Itinerary Overview is binding on the Client and no amendments can be made by the Client except under the conditions as set forth in Article 7.1. 
    3. The Sybarite Flamingo reserves the right to cancel the Client’s itinerary in case of the occurrence of unforeseen circumstances. The Itinerary Overview is personal and shall not be shared by the Client with Third Parties.
    1. Payment terms
      1. The Client shall pay the itinerary in accordance with the payment schedule included in the Commercial Offer and the invoices issued by The Sybarite Flamingo in accordance with this payment schedule. All invoices of The Sybarite Flamingo are due in euro within seven (7) calendar days of the invoice date, unless Parties have agreed otherwise in writing. The Client bears all risks and associated costs in relation to international wire transfers and exchanges rates. 
      2. In case of late payment or non-payment, the amount of the invoice shall automatically be subject to a late payment interest equal to eight (8) %, which shall be compounded daily as of the due date of the invoice until receipt of full payment by The Sybarite Flamingo. In addition, the Client shall pay all costs incurred by The Sybarite Flamingo, as a result of the (extra)judicial enforcement of the Client’s payment obligation under this article, with a minimum of 150 EUR. If the Client fails to pay any outstanding amounts, The Sybarite Flamingo shall be entitled to suspend its Services, and/or withhold any travel documentation, until receipt of payment of the outstanding amounts. Each invoice of The Sybarite Flamingo shall be deemed to be accepted by the Client if it is not disputed by registered letter sent to The Sybarite Flamingo listing the reason(s) for the dispute within five (5) calendar days after the invoice date.
      3. If, for whatsoever reason, The Sybarite Flamingo advances non-included costs on behalf of the Client, The Sybarite Flamingo shall invoice these costs to the Client and the Client shall refund these costs in addition to the deposits imposed by the payment schedule included in the Commercial Offer. Not included are, amongst others, all costs and fees (i) to obtain necessary travel and health documentation, (ii) charged by national parks for entry (if not explicitly included in the Itinerary Overview), (iii) for (travel) insurance, (iv) for flights and transfers (if not explicitly included in the Itinerary Overview), and (v) charged by airports or customs to import or export goods. Prepayment of non-included costs will be charged to the Client with a 15% surcharge.   
    2. Client Responsibilities
      1. The Client acknowledges and agrees that it is its sole responsibility to (i) procure online check-in (if required), (ii) timely arrive at the airport and respect the check-in times, (iii) check luggage arrangements made by The Sybarite Flamingo and consult air carriers in case amendments are required, (iv) safeguard its luggage and personal belongings. The Sybarite Flamingo cannot be held liable for any delay, diversion, rescheduling or cancelation of the planned transport due to the Client’s behaviour or Force Majeure Event. The same applies for any loss or damage to the Client’s luggage or personal belongings. The Client shall, prior to departure, take out adequate travel insurance covering, at least, all medical expenses, medical assistance and repatriation. 
      2. It is the Client’s sole responsibility to check current passport, visa, health and other (governmental) travel requirements prior to departure and gather all necessary travel and health documentation required for its itinerary. The Sybarite Flamingo only provides general information and can under no circumstances be held liable for any refusal to entry or denied boarding. The Client is responsible for the accuracy and correctness of its Personal Data. Upon receipt of an Itinerary Overview or travel documentation, the Client verifies its Personal Data and advert The Sybarite Flamingo immediately in case of errors or mistakes. Under no circumstances The Sybarite Flamingo can be held liable for any errors or mistakes in the Personal Date as provided by the Client. A request for amendment of the Personal Data in a confirmed Itinerary Overview or travel documentation will be dealt with in accordance with Article 7.1 and 0. 
      1. Amendments and Cancellation
        1. A request for amendment of an approved final Itinerary Overview shall be made by the Client to The Sybarite Flamingo in writing as soon as possible. Although The Sybarite Flamingo will endeavour to assist the Client in its request for amendment, it cannot guarantee the request will be met. In any event, the Client will be charged for any additional costs and charges incurred by The Sybarite Flamingo and/or imposed by its suppliers as a consequence of the request for amendment. Each request for amendment shall in addition entitle The Sybarite Flamingo to an amendment fee of 75,00 EUR per person (for each amendment). As some arrangements cannot be amended after confirmation, they may incur cancellation of the itinerary and be dealt with in accordance with Article 0. A request for cancelation of the itinerary shall be made by the Client to The Sybarite Flamingo in writing as soon as possible. As The Sybarite Flamingo incurs costs as a consequence of the cancellation, the Client will pay the cancellation charges as specified in the Commercial Offer. 
        2. A request for cancelation of one or more persons of a group or family (without cancelation of the entire itinerary) shall be made by the Client to The Sybarite Flamingo in writing as soon as possible. In such case the total itinerary costs remain due by the Client. However, The Sybarite Flamingo undertakes its best efforts to recover as many costs as possible in relation to the cancellation. All costs effectively recovered by The Sybarite Flamingo shall be repaid to the Client. Insurance premiums, late booking and amendment fees are not refundable in the event of cancellation. A delay, diversion, rescheduling or cancellation of the planned transport shall not constitute a valid reason for the Client to claim amendment or cancellation of an approved final Itinerary Overview. 
        1. Intellectual Property Rights
          1. The Sybarite Flamingo is and remains the sole and exclusive proprietary owner of all Intellectual Property Rights related to the Services and output of the Services, in particular the personalised Itinerary Overviews drawn up for the Client. The Sybarite Flamingo grants the Client a personal, restricted, non-exclusive, non-transferrable, non-sublicensable, non-assignable, revocable, worldwide license to use and copy the Itinerary Overview solely for the purpose of receiving and using the Services.
        1. The Client shall not sub-license, assign or otherwise transfer the rights granted in Article 0 to any Third Party. Except for the license granted pursuant to Article 8.2, no other rights in respect of the Services or the output of the Services shall be granted to the Client in connection with this Agreement  
        1. Confidentiality
          1. Each Party shall treat as confidential and keep secret all Confidential Information relating to the other Party and shall not disclose to any Third Party, other than its agents, officers, employees, professional advisors, insurers, subcontractors or consultants where such disclosure is necessary, any Confidential Information learned during the negotiation and performance of the Agreement. Confidential Information disclosed under the Agreement shall not be used by the recipient thereof for any purpose other than as required for the performance of its obligations under the Agreement. The provisions of this article shall not apply to any information which: (i) is published or comes into the public domain other than by a breach of the Agreement, or (ii) can be shown to have been known by the receiving Party before disclosure by the disclosing Party, or (iii) is lawfully obtained from a Third Party, or (iv) can be shown to have been created by the receiving Party independently of the disclosure and other than as part of the project.
          2. The restrictions in this article do not apply to the extent that any Confidential Information is required to be disclosed (i) for the performance of this Agreement, or (ii) by any law or regulation or by any judicial or governmental order or request. The provisions of this article shall continue in force during three (3) years following the termination of this Agreement.
        1. Limitation of Liability
          1. The limitations and exclusions of liability set out in this article and elsewhere in the Agreement govern all liabilities arising under the Agreement or relating to the subject matter of the Agreement, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in the Agreement. Mostly The Sybarite Flamingo acts as an agent and Itinerary arrangements are made with and performed by Third Parties. In case of Third Parties’ services, the terms and conditions of these Third Parties shall apply, and the limitation of liability imposed by these terms and conditions need to be consulted. The Sybarite Flamingo shall supply a copy of the Third Parties’ terms and conditions to the Client upon written request. 
        1. To the extent that services are provided by Third Parties or in cooperation with Third Parties, The Sybarite Flamingo shall under no circumstances be liable for any damages, losses or expenses which result from acts or omissions of these Third Parties. In addition, The Sybarite Flamingo will not be liable for any delays, diversions, rescheduling or cancelation of a planned transport due to operational decisions made by air carriers or airports or resulting from the Client’s or Third Party’s behaviour. The same applies for any refusal to entry or denied boarding due to passport, visa, health or other (governmental) travel requirements or resulting from the Client’s or Third Party’s behaviour.  To the maximum extent permitted by law, The Sybarite Flamingo’s liability shall be limited to damages of the Client resulting directly from a gross negligence or wilful misconduct of the Sybarite Flamingo. In any case, The Sybarite Flamingo’s liability under the Agreement shall not exceed the deposits paid by the Client to The Sybarite Flamingo at that time and The Sybarite Flamingo shall not be liable for any consequential damages, indirect damages, loss of profit, loss of enjoyment, loss of data or loss of opportunity of the Client.
        1. Neither Party shall be liable to the other Party in respect of any losses arising out of a Force Majeure Event. Each Party shall have the duty to mitigate damages. 
        1. Data Protection
          1. Each Party shall comply with all applicable Data Protection Laws and shall ensure compliance with such legislation by its personnel and representatives.  The Client represents and warrants to The Sybarite Flamingo that it has the legal right to disclose any Personal Data that is available to The Sybarite Flamingo under or in connection with this Agreement and that the Client has a valid legal ground to process such personal data and to disclose such Personal Data to The Sybarite Flamingo in accordance with the applicable Data Protection Laws. The Client undertakes to sufficiently inform all data subjects about such processing activities by the Client and/or The Sybarite Flamingo (as applicable) in accordance with the applicable Data Protection Laws.
          2. If the Client is a natural person, The Sybarite Flamingo shall process the Client Personal Data for the purposes and the legal grounds as described in the privacy policy available on The Sybarite Flamingo’s website If the Client is a legal entity, The Sybarite Flamingo shall process the Client Personal Data in accordance with the Data Processing Agreement as concluded between the Parties and as attached hereto in Annex 1 (Data Processing Agreement). The Client hereby acts as the controller and The Sybarite Flamingo as the processor. 
          3. If any changes or prospective changes to the applicable Data Protection Laws result or will result in one or both Parties not complying with the Data Protection Laws in the context of the (Data Processing) Agreement, then the Parties shall use their best endeavors to promptly agree on such variations to the (Data Processing) Agreement as may be necessary to remedy such non-compliance.
        2. Non-compete
          1. By signing the Commercial Offer, the Client explicitly acknowledges the time and efforts spent by The Sybarite Flamingo in composing the personalised Itinerary Overviews and agrees to not engage (directly or indirectly) with any Third Party for organizing an itinerary that is substantially based on the Itinerary Overview.   Any breach of this Article shall entitle The Sybarite Flamingo to liquidated damages in a lump sum amount of EUR 10.000,00. 
        3. Miscellaneous
          1. Severability – If any provision of the Agreement is held to be unenforceable, the other provisions shall nevertheless continue in full force and effect. Each Party shall use its best efforts to immediately negotiate in good faith a valid replacement provision with an equal or similar economic effect. Survival – The provisions of the Agreement that are expressly or implicitly intended to survive termination, shall survive any expiration or termination of this Agreement.  
          2. Amendments and waiver – The Agreement may be modified or amended only by written agreement executed by a duly authorized representative of both Parties hereto. A provision of the Agreement may be waived only by a written document signed by the Party entitled to the benefits of such waiver. Each such waiver or consent shall be effective only in the specific instance and for the purpose for which it was given and shall not constitute a continuing waiver or consent. Entire agreement – The Agreement constitutes the entire agreement and understanding between the Parties with respect to the subject matter hereof and supersedes all prior oral or written agreements, representations or understandings between the Parties relating to the subject matter hereof. No statement, representation, warranty, covenant or agreement of any kind not expressly set forth in the Agreement shall affect, or be used to interpret, change or restrict, the express articles of the Agreement.  
          3. Notices – Any notice required to be served by the Agreement shall in first instance be given by electronic mail to the email addresses set out in the Commercial Offer. All notices given by email, shall only be valid in case confirmation of receipt was expressly given by email by the receiving Party. In case no confirmation of receipt was given by the receiving Party within five (5) business days, all notices can be done in writing and served by personal delivery or registered letter, addressed to either Party at its address given in the Commercial Offer or to such other address as a Party may designate by notice hereunder. All notices shall be deemed to have been given either (i) if by hand, at the time of actual delivery thereof to the receiving Party at such Party’s address, (ii) if sent by overnight courier, on the next business day following the day such notice is delivered to the courier service, or (iii) if sent by registered mail, on the 5th business day following the day such mailing is made. Publicity – The Sybarite Flamingo shall have the right (unless otherwise indicated in the Commercial Offer) to use any trademarks or other marks of the other Party (including the other Party’s corporate name) for marketing or promotion purposes, such as (but not limited hereto) client references on The Sybarite Flamingo’s website, announcement of a new client and sales presentations.  
          4. Force Majeure – Neither Party shall be liable to the other for its failure to perform any of its obligations, excluding any of its financial obligations, resulting from a Force Majeure Event. If such delaying cause shall continue for more than one hundred and twenty (120) calendar days, the Party injured by the inability to perform shall have the right upon written notice to terminate the Agreement immediately. Non-Assignment – The Client shall not assign or otherwise transfer any of its rights or obligations under the Agreement without The Sybarite Flamingo’s prior written consent. The Sybarite Flamingo’s consent should be requested by registered letter, disclosing the identity of the prospective transferee. The Sybarite Flamingo may transfer its rights under the Agreement in its sole discretion. Subject to any restrictions on assignment herein contained, the provisions of the Agreement shall inure to the benefit of and shall be binding upon the Parties hereto and their respective heirs, legal representatives, successors and assignees.
          5. Language – The Agreement is in the English language only, which language shall be controlling in all respects. Furthermore, all communications and notices made or given pursuant to the Agreement shall be in the English or Dutch language.
        4. Applicable law and jurisdiction
          1. In the event of a dispute under the Agreement, the Parties agree to meet and discuss in good faith a possible resolution thereof, without limiting any rights or remedies of any Party under the Agreement. The Agreement shall be governed by and construed in accordance with the laws of Spain and the Parties hereto submit to the exclusive jurisdiction of the courts of Mallorca.
                1. Annexes