Partijen corresponderen veelvuldig nadien per e-mail, waarbij [eiseres] uiteindelijk meerdere malen terugbetaling verlangt van hetgeen door haar is voldaan en [naam camping] slechts verwijst naar haar annuleringscondities.
[eiseres] schrijft op 18 maart 2021 om 9.03 uur het volgende:
How is situation in Holland, You still have “very little problem” or problem became serious?
Our country declare State of emergency, with lot of restriction for people moving, including travelin/out of country.
Since yesterday EU banned all travelers from outside EU for 30 days (find link below), do You maybe have suggestion with alternative plan how to reach Amsterdam, 1 am afraid we should not even try, under this conditions. [...]
As You probably now, all other countries around, put restriction for foreign citizens about crossing borders, there is no option to travel around...
We tried to offer our clients for paid amounts, vouchers (credit note) to use till end of 2021, when situation hopefully calm down, but this does not work, due clients demanding total refunds, and according low here, we have to do this.
According this circumstances, about global Pandemic, where is almost all Europe under restrictions of people moving, You are kindly requested to proceed with refunds. Please find enclosed bankdetails of [eiseres] , where You can find instructions for payment.
[eiseres] schrijft op 18 maart 2021 om 9.39 uur het volgende:
My mail was clear, cancellation is an option, only in case of total refunds from You, otherwise we will keep our reservation.
Seems to me, and according regulations that will be Your obligatory for total refund.
[eiseres] schrijft op 19 maart om 23.51 uur het volgende:
As You know, Your country have declared also State of emergency regarding Corona virus. Your schools are closed and a Lot of regions are infected. So far, borders of EU are closed and our group can’t arrive to Holland by any means of transport. In our country is also state of emergency and police curfew with closed land borders and all airports.
We understand Your position as well so in order to avoid legal fights on the court regarding penalties that You want to charge us in case of FORCE MAJEUR (which is impossible) or possible paying lawyers and court taxes for both sides we suggest You following solution.
We suggest You to approve us CREDIT NOTE instead of immediate refund of cca 8000€ that we have paid to You (accomodation, bed linens, city taxes, deposit, parking).
With this credit note we accept to use following deposit within 12 months for season 2020/21. when we reconfirm 1 term with same prices like we had for 17- 19.April 2020.
On this way we will support You with our deposit until solution with Corona virus calm down, and other hand we’ll give possibility to our clients to use this accomodation when borders are open and when its possible to travel on normal way.
[naam camping] antwoord op 20 maart 2020 om 8.50 uur met het volgende:
Thank you for your mail but we have explained our cancellation conditions already multiple times.
We have no exceptions to these conditions. You have sent us already multiple unpleasant and threatening emails, we are done. We are awaiting contact from your legal department.
[eiseres] schrijft op 21 maart 2021 om 13.23 uur het volgende:
Your government have forbidden entry to everyone outside of EU to Netherland starting from 19.March till the end of April.
[....]
Please, refund us back our payment for group reservation 17-19.Aprit as we can’t arrive to
Amsterdam due to restrictions imposed officially from Dutch government.
Op 23 maart 2020 om 9.01 uur schrijft [naam camping] het volgende:
Thank you for your mail, we still have your reservation in place as we haven’t recieved a definite cancellation from you showing you understand & accept the cancellation policy. In your last mail
unfortunately again you see you don’t understand. We have added the cancellation conditions again
to this mail.
There you will see there is no refund because of the late cancellation (if you cancel now), you wilt
however off course recieve the tourist taks &deposit. In total €2625,-.
Please let us know if you definitely want to cancel reservation [.....] so we can proceed with the
refund of €2625,-
[eiseres] schrijft op 23 maart 2020 om 12.22 uur het volgende:
We have checked online and we sent some of our colleagues to check it out on the spot.
Your camping is closed for all visitors. We are not cancelling as You will not work in term we made reservation. You will have to refund us full amount as Your country have closed borders for visitors outside of EU. Waiting for full refund.
[naam camping] antwoord op 24 maart 2020 om 12.58 uur:
We are open as always, when the reception is not staffed please use the intercom and somebody will come. As is written on the window.