Terms of service
GENERAL TERMS AND CONDITIONS OF SERVICE
Mika – Luxury Concierge & Travel Services
Version March 2026
Article 1: Definitions
The following definitions apply to these general terms and conditions of service.
Agreement means any agreement and/or (legal) undertaking between Mika and the Client in connection with the delivery of the Services by Mika to the Client, as well as any other orders given to Mika by the Client.
Client means any person or entity to whom Mika provides any Services.
General Terms and Conditions means these general terms and conditions of service.
Mika means Mika – Luxury Concierge & Travel Services, located at Vijverlaan 21, 6602 CX Wijchen, the Netherlands, registered in the Dutch Chamber of Commerce under number 99716704 and/or affiliated companies;
Services means all services offered by Mika (in whatever form and howsoever) which Mika performs for or on behalf of the Client.
Supplier means all third parties that, through mediation of Mika and through providing the Services, supply and/or deliver any services or products to the Client and with whom the Client shall enter into an agreement.
Article 2: Applicability
1. These General Terms and Conditions apply to all Mika’s offers and quotations, to any Agreement and to all (legal) acts between Mika and the Client.
2. Deviations from or additions to these General Terms and Conditions shall only be valid if expressly agreed in writing.
3. Before the Agreement is concluded, these General Terms and Conditions will be made available to the Client electronically in such a way that the Client can store these General Terms and Conditions in a simple manner on a permanent data carrier. If this cannot reasonably be expected of Mika, before the Agreement is concluded, Mika will indicate in what way the Client can take note of the contents of these General Terms and Conditions and will – upon request of the Client – send an electronic or other copy of these General Terms and Conditions to the Client free of charge.
4. If the content of the Agreement differs from the content of these General Terms and Conditions, the content of the Agreement shall prevail.
5. These General Terms and Conditions also apply on behalf of any (legal) person employed by Mika, any (legal) person engaged by Mika, and any (legal) person for whose acts or omissions Mika is or may be liable.
6. Should any provision in these General Terms and Conditions be void or otherwise unenforceable, this shall not affect the validity of the remaining provisions of these General Terms and Conditions and/or the Agreement between Mika and the Client, and Mika and Client shall consult to agree on a new provision to replace the void/annulled or unenforceable provision, with the parties observing as far as possible the purpose and intent of the void/annulled or unenforceable provision.
Article 3: Identity of the entrepreneur
1. Registered name: Mika – Luxury Concierge & Travel Services (sole proprietor, ‘eenmanszaak’)
2. Registered in: municipality of Wijchen
3. Office address: Vijverlaan 21, 6602 CX Wijchen, the Netherlands
4. Telephone number: + 00 31 6 1371 88 42
5. Website: www.mikaibiza.com
6. Email address: info@mikaibiza.com
7. Registration number in Dutch Chamber of Commerce: 99716704.
8. VAT registration number: NL005406615B06
Article 4: Offer; conclusion of the Agreement
1. Offers and quotations are at all times without non-binding obligation, unless explicitly stated otherwise in the offer. If the offer is not accepted within the period for acceptance (period of validity of the offer), the offer as contained in the offer is considered rejected and Mika is entitled to change the conditions and price as contained in the offer.
2. An offer, even if irrevocable, can at any time be withdrawn by Mika if the withdrawal reaches Client before or at the same time as acceptance of the offer.
3. Agreements shall not come into effect until Mika expressly accepted/confirmed in writing the order or instruction, whereby Mika is legally represented by an authorized representative, or after Mika has commenced execution of that order or instruction.
4. If the Agreement is concluded electronically, Mika will take appropriate technical and organizational measures to protect the electronic transfer of data and ensure a secure web environment. If the Client can pay electronically, Mika will observe appropriate security measures to this end.
5. Mika may, within legal frameworks, inform itself whether the Client can meet the payment obligations, as well as all other facts and factors that are important for responsible conclusion of the distance contract. If, on the basis of this investigation, the entrepreneur has good grounds not to enter into the agreement, he is entitled to refuse an order or application or to attach special conditions to the implementation, while stating his reasons.
6. If the Client provides information to Mika, Mika may rely on the correctness and completeness of this information and will base its offer on this information.
7. An acceptance that deviates in any way from the offer or quotation shall be deemed a new offer and a rejection of the original.
8. Descriptions and images of Mika's Services, price lists, brochures, quotations and other information concerning Mika's Services are as accurate as possible, but without obligation, unless the offer expressly states otherwise. Mika shall observe due care in informing the Client of the figures, measurements, weights, features other information applicable to the Products, but cannot warrant that these shall be free of deviations. Any specifications or samples demonstrated or made available shall be no more than indications of the Products concerned. The description is sufficiently detailed to allow a proper assessment of the offer by the Client. Obvious mistakes or obvious errors in the offer do not legally bind Mikain any way whatsoever.
9. Each offer contains any such information, that it is clear for the Client what the rights and obligations are that are attached to the acceptance of the offer.
Article 5: Obligations of Mika
1. The activities of Mika consist solely of providing the Services discussed between the Client and Mika in connection with the Agreement. Mika shall only have a ‘best efforts’ obligation, and in no way assume or accept any result obligations.
2. The obligation of Mika to provide the Services consists solely of acting as an intermediary based on what has been discussed between the Client and Mika (in writing, in e-mail, in text, or by phone) and as agreed between the Client and Mika in the Agreement. Mika shall in no event be liable for any failure toward the Client other than with respect to this obligation to deliver the Services as an intermediary, as agreed in the Agreement.
3. Except as explicitly set forth in these General Terms and Conditions, Mika makes no warranty whatsoever, express or implied, of any kind whatsoever regarding the Services and especially not regarding the final service or product that the Client purchases or receives from a Supplier in respect of which Mika has acted as an intermediary.
4. Mika does not and shall never:
(a) in its own name or on behalf of the Client enter into any agreement with any third party, including but not limited to any Supplier(s);
(b) directly offer any services that Suppliers may or may not provide;
(c) commit itself in any way, other than to provide the Services under the Agreement which Mika has concluded with the Client.
Article 6: Obligations of the Client
1. Client must provide Mika, free of charge, with all information required by Mika to properly carry out its services, on time and in full, and in the manner desired by Mika. Mika cannot be obliged to commence performance of the Agreement until it has received all necessary information from Client. Client is obliged to inform Mika immediately in writing of facts and circumstances that may be of relevance in connection with the performance of the Agreement.
2. Client guarantees the correctness, completeness and reliability of the data and documents made available to Mika, also if these are from third parties, and declares to have lawful access to them.
3. Client indemnifies Mika for all damages and costs, including loss of turnover and profit as a result of non-performance, late performance or incomplete performance of the Agreement as a result of or in connection with non-compliance with the provisions in this Article 6.
Article 7: The Services
1. Mika acts solely in an intermediary capacity and never guarantees the accuracy or feasibility of services or products to be delivered by any Supplier to the Client through the mediation of Mika.
2. Mika does not act as the final service provider in any way. The final service provider is a Supplier that may be mediated by Mika as an independent intermediary.
3. After providing the Services to the Client, the Client may enter into an agreement with any Supplier as mediated by Mika under the Agreement. If the Client decides so, the Client enters into a separate agreement with the Supplier to which Mika is not a party. The Client thereforeunderstands and acknowledges that Mika shall in no way enter into or become a party to any agreement, arrangement, terms and conditions or other commitments with any Supplier it may present to the Client in connection with the Services under the Agreement and that Mika assumes no liability whatsoever in connection with any agreement arrangement, terms and conditions or other commitments that the Client may conclude with any Supplier.
4. The Client shall be fully responsible for the performance of any obligation under any agreement it concluded with any Supplier.
5. Liability for the performance of services or delivery of products by Suppliers must at all times be agreed upon by the Client directly with the Supplier and cannot be borne by Mika in any way.
Article 8: Prices
1. The prices specified in the offer are in EUR and including VAT and all other applicable taxes, delivery and other costs.
2. The prices shall be invoiced to the Client in accordance with the most recent price offer at the time of the conclusion of the Agreement.
3. In case of price increases within three (3) months of the conclusion of the Agreement, the Client has the authority to terminate the Agreement with Mika, unless the price increases are a result of statutory regulations or provisions.
4. Price increases from three (3) months after the conclusion of the Agreement are permitted only if Mika has stipulated this price increase, and the price increase is the result of legal regulations or provisions or if the Client has the authority to terminate the Agreement as of the day the price increase takes effect.
Article 9: Payment
1. Mika’s invoices must be paid in Euros (€) within the term of payment stated on the invoice – and if no term of payment is stated on the invoice, within fourteen (14) days of the invoice date – by transfer the payment to a bank account designated by Mika. The value date indicated on the bank statement shall be deemed to be the date of payment.
2. If the Client pays with a credit card or Apple Pay, Mika is entitled to charge a 2.9% transaction fee on the invoice amount
3. The Client does not have the right to offset any payment of Mika’s invoice against any other amounts, nor to deduct or withhold any amounts specified on Mika’s invoice.
4. Mika – at its sole discretion – has the right to require the Client to make an advance payment of (a maximum of) 50% of the total price for the Services.
5. The Client has the duty to immediately report inaccuracies in payment information provided or stated to Mika.
6. If the Client fails to pay within the due date specified in this Article 9, the Client shall be in default by operation of law without further notice of default from Mika being required. As from that moment, Mika shall also be entitled to:
(d) compensation of the statutory commercial interest due from the day of default until and including the day on which full payment is received by Mika; and
(e) all extrajudicial and judicial (collection) costs, in accordance with the Extrajudicial Collection Costs (Standards) Act.
Article 10: Complaints
1. The Client is obliged to make any complaints about the Services in writing to Mika to info@mikaibiza.com and by phone on number + 00 31 6 1371 88 42 immediately after Mika has performed the Services and the Client has a complaint; in any situation, the Client must complain within five (5) calendar days after Mika has performed the Services.
2. If the aforementioned complaint period is not observed, the Client is deemed to have accepted the performance of the Services and any claim the Client may have against Mika shall lapse.
3. Mika will do its utmost to perform the Services without any problems. If Client has a complaint, Client can contact Mika through the contact details referred to in this Article 10. Mika will respond to complaints as soon as possible and will do everything reasonable within its power to find an appropriate solution.
4. For avoidance of doubt, any complaints that the Client might have regarding the final services or products as delivered or supplied by Suppliers in which Mika has acted as an intermediary based on the Agreement and the Services should be made to said Supplier in accordance with any terms or condition that said Supplier uses. The Client may ask Mika to forward its complaint to a Supplier, which Mika will not refuse without good cause. The Client acknowledges, however, that forwarding the complaint does not give rise to any liability or other responsibility on the part of Mika. In addition, Mika reserves the right to withdraw from the matter even after forwarding the complaint at the Client’s request if, to the sole discretion of Mika, the Supplier does not handle the complaint properly, in which case the Client must file the complaint themselves
Article 11: Withdrawal right
1. The Client shall not have the right of withdrawal, as the Services performed by Mika qualify as ‘leisure activities’, which are excluded from the (statutory) right of withdrawal. Should any Service performed by Mika unexpectedly not qualify as ‘leisure activities’, then Article 11.2 up to and including Article 11.6 shall apply.
2. By entering into the Agreement with Mika, the Client agrees to Mika’s relevant cancellation terms and conditions, as well as any additional terms and conditions made available to the Client.
3. In the event of a cancellation or withdrawal by the Client after the conclusion of the Agreement, Mika is entitled to, and the Client owes Mika, compensation for the Services already performed.
4. If and insofar none of the Services have yet been performed, the Client shall have the right to withdraw from the Agreement in its entirety without any obligation towards Mika.
5. If and insofar part of the Services that Mika has already performed have led to the Client being obliged to pay any Supplier for its services or products, the Client shall arrange such topics with the Supplier, subject to any terms and conditions that the Supplier may impose regarding cancellation and withdrawal and as agreed between the Client and the Supplier. Mika shall in no way be liable for any (financial) consequences of such agreement between the Client and the Supplier in which Mika has acted as an intermediary.
6. If and insofar the Services have been performed by Mika in full, the Client shall have no withdrawal right and Mika is entitled to full payment for the Services under the Agreement.
Article 12: Liability
1. To the maximum extent permitted by applicable law and unless explicitly agreed otherwise in writing between Mika and Client, Mika is in no way liable to the Client, and cannot be held liable by the Client for any (in)direct damage, losses, disadvantages, and any other costs, unless theClient demonstrates that it has suffered damage as a result of a material error by Mika which would have been avoided if all due care had been exercised and only for the direct damage that are the direct and immediately incurred consequence of that material error, except in the event of willful misconduct or gross negligence on the part of Mika.
2. Except in cases of willful recklessness or gross negligence, Mika shall not be liable for any indirect, special or consequential damages or losses, including but not limited to loss of profits, fines, penalties, interruption in production and/or business interruption in the business of the Client, or any of its agents or subcontractors or Clients.
3. Mika is also not liable to the Client for any (financial) consequences, obligations, or agreements arising from or resulting from the agreement between the Client and a Supplier that was entered into through provision of the Services by Mika. Mika is also not liable for damage caused by willful misconduct or gross negligence on the part of the Supplier or whoever provides services or delivers products to the Client as end-Client.
4. Client indemnifies Mika against any and all claims by third parties, such as but not limited to Suppliers, for compensation of damages or otherwise, which are directly or indirectly, related to the execution of the Agreement between Mika and Client.
5. If, despite the provisions of this Article 12, Mika is held liable at law for damage suffered by Client, such liability is in all cases, on any grounds whatsoever, limited to the amount that Mika has actually received from Client for the Services under the Agreement.
6. Claims for damages shall lapse one year after the day Client became aware of the damage and Mika's possible liability for this damage.
Article 13: Confidentiality
1. All information provided to the Client by or on behalf of Mika (such as offers, quotations and know-how, including the contents of the Agreement) of any nature and form is confidential and shall not be used by the Client for any purpose other than to perform the obligations under the Agreement. The information provided remains the property of Mika and may not be published, copied, reproduced or made available to third parties without Mika’s prior written consent.
Article 14: Force majeure
1. Mika shall not be liable for a failure to fulfil any of its obligations, whether under the Agreement or otherwise, if this failure is a direct or indirect result of force majeure.
2. Force majeure shall, among other things, mean a circumstance in which Mika and entities on which Mika is dependent, fail to meet their obligations or do not meet their obligations on time due to administrative measures or regulations, weather conditions, natural disasters, a state of siege, martial law, terrorism, cybercrime, technical disruption of means of transport, disruption of digital infrastructure, unusually high absenteeism due to illness, (labor) strikes, industrial or commercial disputes, exclusions, seizure, fire, explosion, power failure, theft or loss of tools, materials or information, traffic restrictions or work stoppages, import or trade restrictions, pandemic/epidemics or other circumstances beyond Mika’s control if and to the extent that the above circumstances impede the proper and timely performance of the Agreement by Mika, as well as the situation in which any Supplier or third party as mediated by Mika is unable to fulfill an obligation to provide services or deliver products, is (otherwise) unavailable, or cannot otherwise be engaged to provide the Client with a final product or service.
3. Mika is able to suspend the performance of its obligations if, as a result of force majeure, it is temporarily unable to fulfil their obligations towards the Client.
4. If force majeure occurs and the performance of the Agreement is or becomes permanently impossible or if a temporary situation caused by force majeure lasts longer than three (3) months, Mika shall have the right to terminate the Agreement in whole or in part, with immediate effect. In such cases, the Client shall have the right to terminate the Agreement with immediate effect, but only in respect of that part of the obligations which have not yet been fulfilled by Mika.
Article 15: Privacy
1. Mika observes due care in handling your (personal) data in accordance with the laws and legislations that apply, such as but not limited to the General Data Protection Regulation.
Article 16: Assignment of rights or obligations
1. Mika has the right to assign or secure any rights or obligations under any of the articles of these General Terms and Conditions or the underlying Agreement(s) without the prior written consent of the Client.
2. The Client shall not have the right to assign or secure any rights or obligations under any of the articles of these General Terms and Conditions or the underlying Agreement(s) without the prior written consent of Mika, as defined in article 3:83 paragraph 2 DCC, unless it involves a monetary claim as defined in article 3:83 paragraph 3 DCC.
Article 17: Suspension; termination
1. Without prejudice to any other rights Mika may have (including performance and/or compensation and/or reimbursement of wages/expenses), Mika shall be entitled to terminate all or part of the Agreement or to suspend its obligations under the Agreement or any other agreement with the Client, with immediate effect and without court intervention, if the Client:
(a) violates any provision of the Agreement and/or these General Terms and Conditions and the Client does not remedy this violation within a reasonable time after a written notice of Mika;
(b) shows inappropriate behavior, whether directed at Mika or at any Supplier mediated by Mika pursuant to the Agreement; or
(c) violates any applicable laws, with it being understood that “violation of applicable law” includes, at a minimum, a violation of Dutch law and/or a violation of any law of any country in which Mika has provided the Services under the Agreement.
2. If the Agreement is terminated pursuant to this Article 17, any claim of Mika against the Client shall be immediately due and payable, and Mikashall be entitled to compensation for all direct, indirect and consequential damages, including lost profits, without prejudice to any other legal rights to which it is entitled and its other rights under the Agreement and these General Terms and Conditions, without Mika being obliged to pay any compensation or performance.
Article 18: Applicable law and jurisdiction
1. These General Terms and Conditions and all offers and Agreements between Mika and the Client and any non-contractual obligations arising out of or in connection with it are exclusively governed by Dutch law.
2. The Court of Amsterdam, the Netherlands has exclusive jurisdiction to settle at first instance any dispute arising out of or in connection with the General Terms and Conditions, any offer or any Agreement (including a dispute relating to this Article 18 and the existence, validity or termination of these General Terms and Conditions, any offer or any Agreement or any non-contractual obligation in connection thereto. Mika may decide not to follow the rule concerning jurisdiction and apply the rules of jurisdiction under the applicable law.