1. Definitions
a. These general conditions apply to any tender, offer or agreement between Holland Bike Tours (Chamber of Commerce Amsterdam, the Netherlands 70195633), hereinafter called the
Executor, and the User, unless the parties have expressly agreed otherwise in writing.
b. The
User is the party that solely or on behalf of several persons, books a cycling tour in writing, by email or by telephone with the Executor, and as such is known to the Executor by name and date of birth.
2. General
a.If one or more of the provisions contained in these general conditions are at any time wholly, or partially invalid or void, the remainder of the provisions will remain fully applicable. The Executor and the User will then consult with each other and agree a new provision to replace the one that has become invalid or void, wherein the purpose and intent of the original provision are observed as far as this is possible.
b. If uncertainty exists regarding the interpretation of one or more of these provisions of these general conditions, then the explanation must be found 'in the spirit' of these provisions.
c. If a situation arises between the parties that is not covered by these conditions, that situation should be assessed in the spirit of these terms and conditions.
d. If the Executor does not always strictly observe these general conditions, this does not mean that the provisions therein do not apply, or that the Executor loses his rights to any extent, or otherwise demand strict compliance with the provisions of these general conditions.
3. Offers and Deals
a. All bids and offers made by the Executor are without any obligation, unless a deadline for acceptance has been made. A bid or offer expires if the product to which the offer or bid relates is no longer available.
b. The Executor cannot be held to bids or offers if the User can reasonably accept that the bids or offers, or any part thereof, contains an obvious mistake or error.
c. Bid or offer prices are inclusive of VAT and other government taxation and levies.
d. If the acceptance (whether or not subordinate items) of the tender or offer differs from the offer made by the Executor, the Executor is not bound to accept it. There will be no agreement with respect to this differing acceptance, unless the Executor indicates otherwise.
e. A compound quotation will not oblige the Executor to execute part of the order against a corresponding part of the price.
f. Offers do not automatically apply to future orders.
g. The use of discount vouchers is limited to one voucher per User per booking or agreement.
4. Contract, execution and changes
a. The agreement between the Executor and the User for booking a cycling tour is valid between the starting day of the undertaking, until the last days of contracted cycling tour, unless the nature of the agreement dictates otherwise, or if the parties expressly agree otherwise in writing.
b. The agreement comes into effect after receipt of the confirmation from the Executor to the User by way of a telephone, email or a written message.
c. If the Executor requires information from the User that is essential for the implementation of the agreement, the execution period will only start after the User has made the required information available to the Executor.
d. If during the execution of the agreement it occurs that for proper implementation it is necessary to amend or supplement the agreement, then the parties will discuss at their earliest convenience how to amend the agreement. If the nature, scope or content of the agreement, whether or not at the request or indication of the User or the competent authorities, is amended and the contract is qualitatively and / or quantatively changed. This may have consequences for what was originally agreed. This might also increase or decrease the initial agreed tour price. In such cases the Executor will offer a new quotation to the User as soon as possible.
e. If the agreement is amended, including any possible additions, the Executor is authorized to implement it only after appropriate agreement is given by a competent representative of the Executor and if the User has agreed with the price and any other conditions with respect to implementation, including the determination of time and the amendments to be implemented. Failure of immediate implementation of the amended agreement is not the Executor’s fault and will
- If the price increase is the result of an amendment to the agreement.
- If the price increase is the result of an act of power coming to the Executor or an Executor obligation under an act of law.
f. The handling fee raised for a tour change or combination of changes as requested by the User amounts €50 (fifty Euro).
5. Dissolution and termination
a. The Executor is permitted to suspend, delay or cancel the fulfillment of his obligations towards the agreement with immediate effect if:
- The User does not comply fully or on time with the obligations under the agreement.
- After conclusion of the contract, the Executor is aware of circumstances that give good reason to fear that the User will not fulfill his obligations.
- In concluding the agreement, the User is requested to provide security for the fulfillment of his obligations under the agreement, and that this security fails or is insufficient.
- Due to a delay on the part of the User, the Executor can no longer be expected to fulfill the contract under the originally agreed conditions. In such cases the Ececutor is entitled to terminate the agreement.
- If circumstances arise whereby fulfillment of the agreement is impossible, or unaltered maintenance of the agreement cannot reasonably be expected of the Executor.
b. If the dissolution is attributable to the User, the Executor is entitled to compensation for damages, including costs, created either directly and indirectly.
c. If the agreement is dissolved, the claims of the Executor against the User are immediately due and payable. If the Executor suspends the fulfillment of the obligations, he retains his rights under the law and by agreement.
d. Based on grounds stated in this article, if the Executor suspends or dissolves the agreement, he is in that respect not liable for any damages or costs incurred, or compensation, while the User, by virtue of default, is obligated to compensate the damages.
e. If the agreement is terminated by the Executor, the Executor will, in consultation with the User, arrange for transfer of additional work to third parties unless the termination is attributable to the User.
f. In the event of liquidation, (application thereof) suspension of payments or bankruptcy or seizure - if and where such is not lifted within a period of three months – with respect to User, concerning debt or other circumstance resulting in a situation whereby the User no longer has free access to his assets, the Executor may with immediate effect, terminate the booking agreement, or cancel the reservation, or contract with the obligation of the Executor to return the payments the User has made until that point. The claims of the Executor against the User in such cases will be with immediate effect.
g. If the User cancels a reservation wholly or partly, then the following cancellation terms will apply:
- In the case of a cancellation up to 60 days before the tour starts, the Executor refunds 90% of tour amount to the User.
- The refund for cancellations between 60 and 14 days before the tour start will be 50% of the tour amount.
- The refund for cancellations less than 14 days before the tour start will be 0% of the tour amount.
h. The Executor is entitled to cancel the agreement without further obligations up until 30 days before the start of an agreed tour provided that the Executor indicates that due to unforeseen circumstances the tour cannot be realized. In such cases, refund of the total amount for the tour will apply, unless the User takes up an alternative offered by the Executor. This alternative may influence the quality and/or quantity of the tour, and therefore can affect the originally agreed amount for the tour.
6. Force majeure
a. The Executor has no obligations to the User if he is impeded due to circumstances beyond his control, or because of legislation, or any other legal act or the generally accepted standards, and therefore cannot be held accountable.
b. Force majeure means, apart from law and jurisprudence, all external causes, foreseen or unforeseen, resulting in the Executor being unable to influence events, and which prevent the Executor from meeting his obligations.
c. Subject to the provisions of Article 5b, the Executor will refund the total tour amount (subject to the deduction referred to in Article 5g) in the event of a major natural disaster, large-scale riots or evacuations in the tour areas at the time of the tour that has been reserved.
7. Payments and collection costs
a. Deposit payments must always be made within 7 days after the invoice date. Final payments or total payments must always be made within 14 days after the invoice date.
b. After making a booking or an agreement, a payment amounting to 10% of tour amount, with a minimum of 200 (two hundred Euro) will be billed to the User. The remaining 90% of amount for the tour must be paid at least 90 days before the start of the tour. Tours that are booked within 90 days before the start of the tour will be billed once for 100% of the amount.
c. If the User defaults in making the payment of an invoice on time, the User will be legally in default. The User will be charged interest at a rate of 1% of the tour month each month, unless the statutory interest is higher, in which case the statutory interest rate will apply. The interest on the due amount will be calculated from the time the User is in default, until the time that payment of the full amount has been received.
d. The Executor retains the right to use the initial payments made by the User to reduce the costs, by deducting the interest charges and finally in reducing the tour amount and the accrued interest.
e. The Executor can, without being in default, refuse an offer of payment if the User assigns a different order for the allocation of a payment. The Executor can also refuse full payment of tour amount if this payment not also comprise of the accrued interest and collection costs.
f. Objections to the amount on a bill or invoice do not allow the User to withhold payment.
g. If the User is in default or omission with respect to fulfilling their obligations in time, all reasonable costs incurred in obtaining an out of court settlement will be on behalf of the User. The extrajudicial costs will be calculated on the basis of what is usual in the Dutch debt collection practice, currently under the Calculation Method II report. If the Executor incurs higher costs for collecting the debt, which has been deemed necessary, the actual costs for reimbursement will be placed. Any judicial and execution costs will also be recovered from the User. This also includes interest on the debt collection costs.
8. Retention
a. All the specified and agreed tour materials, rented by the Executor will remain the property of the Executor.
b. Items and materials delivered by the Executor, made pursuant to Article 8a, may not be resold and must never be used as payment. The User is not entitled to pledge or otherwise encumber the rented materials of the Executor.
c. The User must, in what is reasonably expected of him, respect and secure the property rights of the Executor.
d. If third parties seize goods delivered under retention of title or claim rights to establish or exercise, then the User is obligated to immediately notify the Executor.
9. Guarantees, research and claims
a. Bike tours offered by the Executor meet the usual requirements and standards that are assumed reasonable at the time of delivery and that are stated in the tour description.
b. The guarantee under Article 8a is valid until the last day of the agreed cycling tour.
c. Any kind of guarantee will lapse if the User acts improperly with respect to the cycling equipment provided by the Executor, or has made alterations to the equipment without the receiving prior permission from the Executor, or has installed other equipment to the rented items that are not permitted to be installed.
d. The User must allow inspection of the rented bicycle equipment immediately when the Executor has made these available. It is the responsibility of the User to examine whether the quality and quantity of the equipment corresponds with what was agreed, and whether it meets the requirements that the parties thereto have agreed. Any defects must immediately be reported to the Executor. The User must give the Executor the opportunity to allow examination of a complaint with respect to defects that have been found.
e. A timely complaint made by the User, will not suspend his participation in the tour. In such cases the User is also bound to execute the tour that has been booked.
f. If a defect in the rented equipment is reported after the inspection and the start of the tour, the User has no right to compensation, unless the nature of defect or any other circumstances of the issue results in a long-term claim.
g. If it is clear that the condition of the cycling equipment rented is weak or poor and the claim by the User is made in time, then the Executor is obliged to repair the defective equipment within a reasonable period of time, or should offer a replacement for the equipment in question.
h. If it transpires that a complaint is unfounded, then the costs incurred, including research costs and travel costs on the part of Executor will be added to the account of the User.
10. Liability
a. If the Executor is liable, then this liability will be limited to that stated in these general conditions.
b. The Executor is not liable for damages of whatever nature, as a consequence of using incorrect data provided by the User.
c. The Executor is solely responsible for the inability to supply the tour due to the failure of the Executor.
d. The Executor is only liable for injuries, damages, loss, accidents, delays or irregularities that may arise during the cycling tour and which are emphatically due to carelessness, negligence or carelessness of the Executor with regard to the equipment or bicycle safety regulations.
e. The Executor accepts no liability for the transfer or movement of the User other than during the cycling tour as performed by the Executor or his representatives.
f. The Executor will not be liable for indirect damage caused during the cycling tour, including consequential damages, lost profits, lost savings.
g. The Executor will not be liable for damages resulting from careless or reckless driving of the User during the cycling tour.
h. The liability of the Executor is always limited to the amount paid out by its insurer.
i. The liability limitations stated in Article 9g do not apply if damages are the result of intent or gross negligence of the Executor and / or the Executor.
11. Period of limitation
a. Notwithstanding the statutory limitation periods, the limitation period for all claims and defense against the Executor and third parties involved on behalf of the Executor is one year.
b. The provisions of Article 10a will not apply to legal claims or defense that are based on facts that would justify the assertion that the cycling tour does not correspond with the description in the agreement. Such claims and defense lapse after two years following the period in which the User notified the Executor of such non-compliance.
12. Transfer of risk
a. The risk of loss or damage of the rental equipment supplied by the Executor goes to the User at the time when this equipment is administered by the User.
b. Article 12.a will not apply if this risk is taken by the Executor or is transferred or shifted to others by way of an insurance policy taken out by the User. The User will be informed by the Executor after the booking of the cycling tour, whether such an option is applicable.
13. Safeguarding
a. The Other party safeguards the Executor against any claims by third parties in connection with the execution of the cycling tour and the cause of which is attributable to other than the Executor or the Executor.
b. If the Executor is addressed by third parties accordingly, the User is obliged to assist in the best possible way that can be expected in such cases. If the User fails to take appropriate measures, then the Executor, without any further notice, is entitled in doing so himself.
14. Intellectual property
The Executor reserves the rights and powers for which he is entitled under the Copyright and other intellectual laws and regulations. The Executor has the right, by executing an agreement, to use increased knowledge for other purposes, provided that no strictly confidential information belonging to the User is noticed by third parties.
15. Applicable law and disputes
a. Only Dutch law will apply in all legal relationships or disputes wherein the User is a party, even if the activities described in the agreement wholly or partly take place abroad or if, the party concerned is domiciled there.
b. The parties will only appeal to the courts after they have done their utmost to solve the dispute through mutual consultation.
