General Terms & Conditions
GENERAL TERMS AND CONDITIONS OF:
AMSTERDAM EXPERIENCES, Herengracht 420
1017 BZ Amsterdam
(Chamber of Commerce nr. 73159212)
Article 1 Definitions
1. 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
1. 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 these general terms and conditions haven’t been deviated by parties explicitly and in writing.
2. Any deviations from these general terms and conditions are only applicable if and when they are agreed in writing.
3. No general terms of purchase, nor any other terms or conditions put forward by the Customer are applicable.
4. If any of the conditions in these general terms and conditions of Amsterdam Experiences are 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
1. All offers are free of engagement, unless the offer mentions a term of acceptance.
2. 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, unless otherwise indicated.
3. Offers and quotations do not automatically apply to future orders.
Article 4 Implementation of the agreement
1. Weather conditions which obstruct and/or block the experience apply as a resolutive condition for all tours. Whether there are such weather conditions, lies within the discretion of the guide on duty.
2. Amsterdam Experiences is entitled to deny passengers who misbehave or are under the influence of alcohol or drugs.
3. Customers shall follow all instructions given by Amsterdam Experiences or its employees strictly 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
1. If the Customer is not present at the agreed time, additional costs made by Amsterdam Experiences will be charged to the Customer.
2. In case of exceeding the start 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 tour members.
3.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
1. On signing the agreement the Customer shall pay 100% of the total amount due, unless mutually agreed in advance.
2. If the down payment isn’t submitted 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.
3. Any collecting fees shall be made fully at the expense of the Customer.
Article 7 Cancellation by the Customer
1. Refunds for cancellations made up to 7 days before the tour is due to take place will be 100%, minus non-refundable purchases such as tickets. These will not be refunded and are not covered by this policy, as they require to be purchased in advance.
2. Cancellations within 7 days of the tour commencing will not be entitled to a refund
3. Cancellation can only be submitted in writing.
Article 8 Partial cancellation
1. A reduction of the number of passengers or other alteration of the contents of the agreement has to be done in writing.
2. A reduction in the number of passengers with a maximum margin of 10% of the original number of passengers can be introduced free of charge at least 48 hours prior to the tour. After the aforementioned time the last known size of the group applies.
3. In the case of a reduction in the number of passengers of more than 10%, the cancellation conditions of article 7 apply.
4. Additional passengers who are introduced within 48 hours before a tour will be charged an additional fair price.
5. Amsterdam Experiences reserves the right to decide on the admittance of additional guests when the number of guests indicated in the quotation is being exceeded.
Article 9 Liability of Amsterdam Experiences
1. Amsterdam Experiences does not accept liability for loss of and/or damage to belongings of the Customer. The Customer takes responsibility for all of his or her belongings.
2. 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.
3. 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.
4. Amsterdam Experiences does not accept liability for loss due to delay at departure or delay during the tour.
5. Amsterdam Experiences does not accept liability for indirect or consequential loss.
6. 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.
7. 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
1. The Customer is liable for damage to the belongings of Amsterdam Experiences or any third-party caused by the Customer.
2. 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 belongings.
3.All activities organized by Amsterdam Experiences occur fully at the Customer’s own risk.
4.The Customer indemnifies Amsterdam Experiences against third-party liability.
Article 11 Guide services
1. The Customer understands 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.
2. Amsterdam Experiences uses its best efforts to monitor Tour Guide profiles, service offerings, actions and comments, and will suspend privileges to any Tour Guide not adhering to policies of Amsterdam Experiences.
3. By using this Site, you agree to report any alleged improprieties of any Tour Guides to Amsterdam Experiences.
Article 12 Complaints
1. Any complaints must be received in writing within 2 days after the tour, at the latest.
2. Any complaints received after that time, or not in writing will not be attended to.
Article 13 Applicable law
1. Dutch law is exclusively applicable to these terms and conditions and to all agreements made under these terms and conditions.
2. 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
1. At all times Customers must follow instructions given by the guide.
2. If instructions are ignored, Amsterdam Experiences has the right to break off the experience, this all without restitution of payment.
Amsterdam Experiences May 2022