General Terms & Conditions
GENERAL TERMS AND CONDITIONS OF:
AMSTERDAM EXPERIENCES, VAN BOSSESTRAAT 36-3 (1051 KA) AMSTERDAM
(Chamber of Commerce nr. 73159212)
Article 1 Definitions
- In these terms and conditions the hereinafter mentioned expressions will be used in the following
meaning, unless explicitly otherwise indicated.
Amsterdam Experiences: the user of these terms and conditions.
Customer: the other party.
Article 2 General
- These general terms and conditions apply to all offers, quotations and agreements between Amsterdam Experiences and a Customer to which Amsterdam Experiences has declared these general terms and conditions applicable, as far as from these general terms and conditions hasn’t been deviated by parties explicitly and in writing.
- Any deviations from these general terms and conditions are only applicable if and when they are
agreed in writing.
- No general terms of purchase, nor any other terms or conditions put forward by the Customer are
- If any of the conditions in these general terms and conditions of Amsterdam Experiences is null and void or becomes nullified, the remaining conditions will remain in full force. Amsterdam Experiences and Customer will then confer with each other in order to agree upon new conditions in substitution of the null and/or nullified conditions, in which the purpose and intent of the original condition will be complied with as much as possible.
Article 3 Offers and quotations
- All offers are free of engagement, unless the offer mentions a term of acceptance.
- Quotations made by Amsterdam Experiences are free of engagement; they are valid for 14 days, unless otherwise indicated. Amsterdam Experiences is only bound by the quotations if and when their acceptance by the Customer is confirmed in writing within 14 days, unless otherwise indicated.
- Offers and quotations don’t automatically apply to future orders.
Article 4 Implementation of the agreement
- Weather conditions which obstruct and/or block the experience apply as resolutive condition for all round trips. Whether there are such weather conditions, lies within the discretion of the guide on duty.
- Amsterdam Experiences is entitled to deny passengers who misbehave or are under the influence of alcohol or drugs.
- Customer shall follow all instructions given by Amsterdam Experiences or its employees strict and without delay. Access to tours can be refused without reason given if and when this is considered necessary by Amsterdam Experiences, for example in connection with capacity, safety, public order, imminent damage or hindrance.
Article 5 Delay
- If the Customer isn’t present at the agreed time, additional costs made by Amsterdam Experiences will be charged to the Customer.
- In case of exceeding of the departure time the first fifteen minutes are at the expense of Amsterdam Experiences. For any further fifteen minutes delay or part thereof the Customer shall pay additional time and additional costs for attendants, guides and other crew members.
- Large delays caused by the Customer can result in the cancellation of (parts of) the program, without any right to repayment for the Customer.
Article 6 Payment
- On signing the agreement the Customer shall pay 100% of the total amount due, unless differently specified in advance.
- If the down payment isn’t effected in time, Amsterdam Experiences is entitled to annul the agreement without judicial intervention or proof of default, without the Customer being entitled to any compensation on that account. All this without prejudice to the rights of Amsterdam Experiences.
- Any collecting fees shall be made fully at the expense of the Customer.
Article 7 Cancellation by the Customer
1. In case of Force Majeure, the below cancellation policy still applies
2. In case of cancellation more than 2 weeks before the date of the trip Customer is obliged to pay 25% of the total amount.
3. In case of cancellation 2 to 1 week before the date of the round trip Customer is obliged to pay 50% of the total amount.
4. In case of cancellation 7 to 2 days before the date of the round trip Customer is obliged to pay 75% of the total amount.
5. In case of cancellation within 48 hours before the date of the round trip Customer is obliged to pay 100% of the total amount.
6. Cancellation can only be done in writing.
Article 8 Partial cancellation
- Diminution of the number of passengers or otherwise alteration of the contents of the agreement has to be done in writing.
- A diminution of the number of passengers with a maximum margin of 10% of the original number of passengers can be introduced free of charges at least 48 hours prior to the round trip. After the aforementioned time the last known size of the group applies.
- In case of diminution of the number of passengers of more than 10% the cancellation conditions of article 7 apply.
- For additional passengers who aren’t introduced 48 hours before the round trip an additional price in fairness will be charged. The captain on duty decides on the admittance of additional passengers when the number of passengers indicated in the quotation is being exceeded.
Article 9 Liability of Amsterdam Experiences
- Amsterdam Experiences does not accept liability for loss of and/or damage to belongings of the Customer. The Customer takes aboard all of his or her belongings fully at his or her own risk.
- Amsterdam Experiences does not accept liability for loss as a result of death or injury of the Customer, except for loss caused by intent or gross negligence on the part of Amsterdam Experiences.
- Amsterdam Experiences does not accept liability for injury of persons or damage to belongings caused when entering buildings or exiting modes of transportation. The Customer enters buildings and vehicles fully at his or her own risk.
- Amsterdam Experiences does not accept liability for loss due to delay at departure or delay during the round trip.
- Amsterdam Experiences does not accept liability for indirect or consequential loss.
- Notwithstanding the previous sections of this article 9, the liability of Amsterdam Experiences is at all times limited to the amount that is paid out under the insurance policy of Amsterdam Experiences.
- As far as Amsterdam Experiences should happen to be liable for any loss which isn’t paid out under the insurance policy of Amsterdam Experiences, the liability of Amsterdam Experiences is at all times limited to the amount of the invoice.
Article 10 Liability of the Customer
- The Customer is liable for damage to the belongings of Amsterdam Experiences or any third-party caused by the Customer.
- The Customer is liable for loss suffered by Amsterdam Experiences and for injury of the employees of Amsterdam Experiences caused by the Customer or his or her luggage.
- All activities organized by Amsterdam Experiences occur fully at the Customer’s own risk.
- The Customer indemnifies Amsterdam Experiences against third-party liability.
Article 11 Guides services
You understand that the Tour Guides presented on the Site are independent contractors and that the Tour Guides are not employees or agents of Amsterdam Experiences. You hereby understand and expressly agree that Amsterdam Experiences does not control the quality, timing, legality or any other aspect whatsoever of the services actually delivered by the Tour Guides, nor of the integrity, responsibility or any of the actions whatsoever of the Tour Guides.
Amsterdam Experiences uses its best efforts to monitor Tour Guide profiles, service offerings, actions and comments, and suspend privileges to any Tour Guide not adhering to policies of Amsterdam Experiences. By using this Site, you agree to report any alleged improprieties of any Tour Guides to Amsterdam Experiences.
Article 12 Complaints
- Any complaints have to be filed in writing at the latest within 2 days after the round trip.
- Complaints that aren’t being filed in writing or aren’t being filed within 2 days after the round trip, will not be dealt with.
Article 13 Applicable law
- Dutch law is exclusively applicable to these terms and conditions and to all agreements made under these terms and conditions.
- Any dispute that may arise from these terms and conditions and/or agreements made under these terms and conditions will be exclusively brought to the competent court in the district of Amsterdam.
Article 14 Safety
- At all times Customer must follow up instructions given by the guide.
- If instructions are ignored, Amsterdam Experiences has the right to break off the experience, this all without restitution of payment.
? Amsterdam Experiences 2019