The use of the website of SEBI BOAT TOURS is subject to the following conditions.
1. The information on this website is intended for general information purposes only.
2. SEBI BOAT TOURS accepts no liability for direct or indirect damages resulting from the use of, reliance on, or actions taken based on the information provided on this website, unless there is intent or gross negligence on the part of SEBI BOAT TOURS.
3. Links to third party websites are provided solely for convenience. SEBI BOAT TOURS accepts no liability for the content of externally linked websites.
4. This website and its contents are protected by copyright and other intellectual property rights. Except for personal, non-commercial use, no part of this website or its content may be reproduced, stored or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior authorization from SEBI BOAT TOURS.
5. Any information provided by the user to SEBI BOAT TOURS will be regarded and treated as confidential. SEBI BOAT TOURS does not make information provided by the user public to any third parties, unless this is required by law or requested.
6. SEBI BOAT TOURS reserves the right to change the terms and conditions without further notice. These changes will be effective immediately upon posting on the website.
TERMS AND CONDITIONS
General Terms & Conditions of SEBI BOAT TOURS, Oude Looiersstraat 81 1016 VH te AMSTERDAM (KvK nr. 73990892)
SEBI BOAT TOURS is a trade name of Rederij Aemstelredamme BV for which these terms and conditions are equally applicable.
GROUP BOOKINGS & CATERED CRUISES
Article 1 Definitions
1. In these terms and conditions the hereinafter mentioned expressions will be used in the following meaning, unless explicitly otherwise indicated.
SEBI BOAT TOURS: 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 SEBI BOAT TOURS and a Customer to which SEBI BOAT TOURS 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.
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 SEBI BOAT TOURS is null and void or becomes nullified, the remaining conditions will remain in full force. SEBI BOAT TOURS 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 SEBI BOAT TOURS are free of engagement; they are valid for 14 days, unless otherwise indicated. SEBI BOAT TOURS is only bound by the quotations if and when their acceptance by the Customer is confirmed in writing within 14 days, unless otherwise indicated.
3. Offers and quotations don’t automatically apply to future orders.
Article 4 Implementation of the agreement
1. Weather conditions (hard storm and/or floating ice and/or high water) which obstruct and/or block the round trip apply as resolutive condition for all round trips. Whether there are such weather conditions, lies within the discretion of the captain on duty.2. SEBI BOAT TOURS is entitled to remove passengers who misbehave or are under the influence of alcohol.
3. Customer can’t claim a certain type of boat or any specific boat for the implementation of a program.
4. Customer shall follow all instructions given by SEBI BOAT TOURS or its employees strict and without delay. Access to vessels, landing stage and cash booth can be refused without reason given if and when this is considered necessary by SEBI BOAT TOURS, for example in connection with capacity, safety, public order, imminent damage or hindrance.
Article 5 Delay
1. If the Customer isn’t present at the agreed time, additional costs made by SEBI BOAT TOURS will be charged on to the Customer.
2. In case of exceeding of the departure time the first fifteen minutes are at the expense of SEBI BOAT TOURS. For any further fifteen minutes delay or part thereof the Customer shall pay additional sailing time and additional costs for attendants, guides and other crew 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, at a Minimum of € 100,-. The total amount shall be paid preceding one day before the round trip either cash or by bank transfer or by electronic payment at the cash desk of SEBI BOAT TOURS.
2. If the down payment isn’t effected in time, SEBI BOAT TOURS 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 SEBI BOAT TOURS.
3. Any collecting fees shall be made fully at the expense of the Customer.
Article 7 Catering
1. On board catering will be exclusively taken care of by SEBI BOAT TOURS itself, unless explicitly otherwise agreed between SEBI BOAT TOURS and Customer.
2. Customer is obliged to pay the catering costs, as far as they haven’t been included in the quotation yet, within 14 days after the date of the invoice to SEBI BOAT TOURS.
3. If the Customer doesn’t comply with his payment obligations within 14 days, the Customer is in default without serving notice and that which the Customer is indebted to SEBI BOAT TOURS, will be increased with legal interests and non-legal expenses. These non-legal expenses add up to 15% of the amount of the invoice, at a Minimum of € 115,-.
Article 8 Cancellation by the Customer
1. In case of cancellation after the final confirmation Customer is at all times obliged to pay € 25,- of administration costs.
2. In case of cancellation 6 weeks before the date of the round trip Customer is obliged to pay 10% of the total amount.
3. In case of cancellation 6 to 2 weeks before the date of the round trip Customer is obliged to pay 25% of the total amount.
4. 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.
5. 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.
6. In case of cancellation within 48 hours before the date of the round trip Customer is obliged to pay 100% of the total amount.
7. Cancellation can only be done in writing.
Article 9 Partial cancellation
1. Diminution of the number of passengers or otherwise alteration of the contents of the agreement has to be done in writing.
2. 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-48 hours prior to the round trip. After the afore-mentioned time the last known size of the group applies.
3. In case of diminution of the number of passengers of more than 10% the cancellation conditions of article 8 apply.
4. 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 10 Liability of SEBI BOAT TOURS
1. SEBI BOAT TOURS 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.
2. SEBI BOAT TOURS 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 SEBI BOAT TOURS.
3. SEBI BOAT TOURS does not accept liability for injury of persons or damage to belongings caused when entering the landing stage or the round trip vessel. The Customer enters the landing stage and round trip vessel fully at his or her own risk.
4. SEBI BOAT TOURS does not accept liability for loss due to delay at departure or delay during the round trip.
5. SEBI BOAT TOURS does not accept liability for indirect or consequential loss.
6. Notwithstanding the previous sections of this article 10, the liability of SEBI BOAT TOURS is at all times limited to the amount that is paid out under the insurance policy of SEBI BOAT TOURS.
7. As far as SEBI BOAT TOURS should happen to be liable for any loss which isn’t paid out under the insurance policy of SEBI BOAT TOURS, the liability of SEBI BOAT TOURS is at all times limited to the amount of the invoice.
Article 11 Liability of the Customer
1. The Customer is liable for damage to the belongings of SEBI BOAT TOURS or any third-party caused by the Customer.
2. The Customer is liable for loss suffered by SEBI BOAT TOURS and for injury of the employees of SEBI BOAT TOURS caused by the Customer or his or her luggage.
3. All activities organised by SEBI BOAT TOURS occur fully at the Customer’s own risk.
4. The Customer indemnifies SEBI BOAT TOURS against third-party liability.
Article 12 Complaints
1. Any complaints have to be filed in writing at the latest within 2 days after the round trip.
2. 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.
3. Contrary to the previous sections of this article 12, any complaints about the catering should be mentioned on the evening itself and explicitly to the present attendants.
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 Customer must follow up instructions given by the captain.
2. If instructions are ignored, SEBI BOAT TOURS has the right to break off the cruise, this all without restitution of payment.
E-TICKETS / ONLINE SALES
ARTICLE 1. | DEFINITIONS
In these general terms & conditions the following terms are used, in all cases capitalised, with the following meanings.
1.SEBI BOAT TOURS: part of Rederij Aemstelredamme B.V., the user of these general terms & conditions within the context of the operation of the Website, having its registered place of business at oude Looiersstraat 81, 1016 VH in Amsterdam, and entered in the Trade Register under KvK (Chamber of Commerce) number 73990892.
2.Other Party: any natural person or legal entity entering into an Agreement or intending to enter into an Agreement by means of the Website.
3.Consumer: an Other Party, natural person, not acting in the exercise of a profession or business.
4.Parties: the Other Party and SEBI BOAT TOURS jointly.
5.Agreement: all Agreements arising directly, by means of the Website, between the Parties whereby SEBI BOAT TOURS has undertaken vis-a-vis the Other Party to deliver one or more Tickets, giving entitlement upon presentation thereof to admission to a Canal cruise organised by SEBI BOAT TOURS.
6.Ticket: any e-ticket delivered by e-mail within the context of the Agreement to the Other Party, presentation of which provides admission to the Canal cruise.
7.Canal cruise: the canal cruise to which the Ticket applies and to which Ticket gives admission.
9.In Writing: written communication, communication by e-mail or any other means of communication that can be seen as equivalent to this in relation to the current state of technology and according to generally accepted standards.
ARTICLE 2. | GENERAL CONDITIONS
1.These general terms & conditions apply to all legitimate offers of Tickets made by means of the Website to the Other Party, and to all Agreements entered into.
2.Any general terms & conditions of the Other Party, howsoever called and referred to, do not apply to the Agreement.
3.Deviations from that stipulated in these general terms & conditions may only be made explicitly and In Writing.
4.Nullity or invalidity of one or more of the stipulations of these general terms & conditions or the Agreement as such, are without prejudice to the validity of the other stipulations. In such cases, Parties are obliged to consult with one another in order to arrive at a replacement arrangement in relation to the stipulation that is invalid or null and void. The aim of the original stipulation will be retained in this as far as possible.
ARTICLE 3. | OFFER AND CONCLUSION OF THE AGREEMENT
1.All offers of Tickets on the Website are without obligation and are made subject to availability of the Canal tours offered. SEBI BOAT TOURS may revoke its offer until immediately after, or in any event as soon as possible after, acceptance thereof by the Other Party. In such cases, SEBI BOAT TOURS will immediately ensure reimbursement of the payment made by the Other Party.
2.Notwithstanding that stipulated in the previous paragraph, all Agreements are concluded the moment the Other Party has accepted the offer on the Website and fulfilled all conditions explicitly stated in the offer, including payment of the price payable by the Other Party. Notwithstanding that stipulated in paragraph 1, SEBI BOAT TOURS will then confirm the Other Party’s order by e-mail.
ARTICLE 4. | RIGHT OF DISSOLUTION FOR CONSUMERS
1. The law provides the Consumer with the right to dissolve the Agreement without stating grounds up to 14 days after conclusion of the Agreement. However, this right of dissolution for Consumers does not apply in the event that:
1. a date and time is agreed on which the Ticket is valid, and this is not an ‘Open Ticket’ valid for an indefinite period
2. the Ticket is an Open Ticket and is used within the 14-day reconsideration period, provided that:
• Fulfilment of the Agreement by SEBI BOAT TOURS has started, with the prior explicit agreement of the Consumer; and
• the Consumer has stated that s/he waives his/her right of dissolution as soon as the SEBI BOAT TOURS has fulfilled the Agreement. The Agreement is valid as agreed at the moment the Ticket is used and the boat departs.
2. 2.In the event that the Consumer exercises his/her right to dissolve s/he may dissolve the Agreement by submitting a request to this end to SEBI BOAT TOURS by e-mail or making use of the model form for dissolution provided by SEBI BOAT TOURS. As soon as possible after SEBI BOAT TOURS has been informed of the Consumer’s intention to dissolve the Agreement, and provided that the stipulations of this article have been fulfilled, SEBI BOAT TOURS will confirm the dissolution by e-mail.
3.In the event of valid recourse to the right of dissolution, SEBI BOAT TOURS will refund to the Consumer the payments already received from the Consumer as soon as possible, and in any event no later than within fourteen days of dissolution of the Agreement.
ARTICLE 5. | PAYMENT AND DELIVERY OF TICKETS
1. Payment for Tickets must be made by one of the payment methods specified by SEBI BOAT TOURS on the Website. The Other Party is obliged upon conclusion of the Agreement to make payment in full in advance. SEBI BOAT TOURS is not obliged to deliver Tickets ordered until the Other Party has paid in full the amount payable by it to SEBI BOAT TOURS by virtue of the Agreement.
2.Tickets ordered and paid for will be delivered to the e-mail address specified by the Other Party. SEBI BOAT TOURS will never be liable for damages incurred by the Other Party providing an incorrect e-mail address.
ARTICLE 6. | ADMISSION TO THE CANAL CRUISE
1.Each Ticket will be provided to the Other Party once only, and gives entitlement to admission to the Canal Cruise for one person, unless it is explicitly stated otherwise In Writing. The participant in the Canal cruise must show the Ticket using his or her smartphone, or printed out, whereby the QR code must be clearly visible. In the event that the QR code cannot be scanned as a result of any circumstance attributable to the Other Party or the participant – for example a printed Ticket is damaged or not clearly printed – SEBI BOAT TOURS is entitled to refuse admission to the Canal cruise without being held liable for any refund of the price paid for the Ticket or any other form of compensation.
2.The Ticket entitles the holder thereof to admission to the Canal cruise. Only the holder of a valid Ticket who is the first to show the Ticket at the entrance will be granted admission to the Canal cruise. SEBI BOAT TOURS may assume that the holder of a valid Ticket is also the rightful owner thereof. The participant in the Canal cruise must ensure that s/he is and remains the holder of the Ticket provided by SEBI BOAT TOURS.
ARTICLE 7. | CANCELLATION & RELOCATION OF THE CANAL CRUISE BY SEBI BOAT TOURS
1.In the event of force majeure or unforeseen exceptional circumstances, SEBI BOAT TOURS reserves the right at all times to cancel the Agreement, for example in the event of extreme bad weather or ice on the water.
2.In the event of cancellation as referred to in the previous paragraph, SEBI BOAT TOURS will notify the Other Party of this at the earliest opportunity and refund the amount paid by the Other Party at the earliest opportunity, without the Other Party being able to claim any further compensation.
ARTICLE 8. | FORCE MAJEURE
1.SEBI BOAT TOURS is not obliged to fulfil any obligation ensuing from the Agreement if and for as long as Sebi Boat Tours is hindered in its efforts to do so by a circumstance not attributable to it by law, through a juristic act or according to generally accepted standards.
2.In the event that the situation of force majeure makes it permanently impossible to fulfil the Agreement, the Parties are entitled to dissolve the Agreement with immediate effect.
3.In the event that SEBI BOAT TOURS, at the time the situation of force majeure occurs, already carried out its obligations in part, or is able to carry out its obligations only in part, it will be entitled to charge the Other Party separately for the part of the Agreement already carried out or to be carried out, except in as far as this has no independent value in itself.
4.Damages incurred as a consequence of force majeure are never subject to compensation, without prejudice to the applicability of the previous paragraph.
ARTICLE 9. | LIABILITY AND INDEMNIFICATION
1.SEBI BOAT TOURS is never liable for damages arising because it has worked on the basis of incorrect or incomplete information provided by the Other Party.
2.SEBI BOAT TOURS is never liable for indirect damages, including personal injury, losses sustained, loss of profits and losses resulting from business interruption. SEBI BOAT TOURS can, notwithstanding that stipulated in the rest of these general terms & conditions and in particular that stipulated in Paragraph 4, only be held liable vis-a-vis the Other Party for direct losses incurred by the Other Party as a result of a shortcoming in the implementation of the Agreement attributable to SEBI BOAT TOURS. An attributable shortcoming is defined as a shortcoming that a good professional acting with due care and attention can and should avoid, all of which with the observance of a normal degree of attentiveness and the professional knowledge and resources required for the implementation of the Agreement.
3.In the event that SEBI BOAT TOURS is liable vis-a-vis the Other Party for any damages, SEBI BOAT TOURS is at all times entitled to remediate these damages. The Other Party must give SEBI BOAT TOURS the opportunity to do so, failing which all liability on the part of SEBI BOAT TOURS in the matter will lapse.4.SEBI BOAT TOURS’s liability will at all times be limited to no more than the billable value of the Agreement, or in any event to that part of the Agreement concerned by SEBI BOAT TOURS’s liability.
5.The Other Party indemnifies SEBI BOAT TOURS from any claims from third parties incurring damages in relation to the implementation of the Agreement, the cause of which is attributable to parties other than SEBI BOAT TOURS.
6.The right to lodge a claim or defence in relation to the argument that the Canal cruise offered by SEBI BOAT TOURS does not correspond to the Agreement lapses in the event that the alleged shortcoming is not reported to SEBI BOAT TOURS within 14 days of the termination of the Canal cruise, In Writing and stating grounds.
ARTICLE 10. | INTELLECTUAL PROPERTY
All copyright and other intellectual property rights to the Website, including the design and operation thereof, as well as the images and texts placed thereon, are the property of SEBI BOAT TOURS. The Other Party is not permitted to copy this material, nor to reproduce this nor use this in any manner whatsoever other than that which is essential in relation to the normal use of the Website.
ARTICLE 11. | COMPLAINTS
1.In relation to complaints concerning SEBI BOAT TOURS, the Other Party can contact SEBI BOAT TOURS by e-mail.
2.Complaints concerning SEBI BOAT TOURS will be processed as quickly as possible following their receipt. In the event that no concrete response can be given within 14 days of receipt of the complaint, the Other Party will receive a confirmation of receipt within this term, accompanied by a statement of the term within which the Other Party will receive a concrete response.
3.In the event that a complaint from a Consumer concerning SEBI BOAT TOURS cannot be resolved in consultation, the Consumer may submit the dispute to the disputes body of the ODR platform (europa.eu/consumers/odr/).
ARTICLE 12. | FINAL STIPULATIONS
1.The law of the Netherlands is exclusively applicable to all Agreements and all legal relationships between the Parties ensuing therefrom.
2.In the event of a legal dispute arising between the Parties, the Parties will not submit this to the competent court before having made every effort to resolve the dispute amicably.
3.Unless in the circumstances in question the law deviates imperatively from this, only the court in Amsterdam will be competent to hear any legal disputes between the Parties. http://www.boatnow.com
4.In the event that these general terms & conditions are available in several languages, the Dutch-language version will in all cases prevail in terms of interpretation of the stipulations contained therein.