Article 1: Definitions
In these General Terms and Conditions the following terms are taken to mean:
- a) Amsterdam Boat Center: Amsterdam Boat Center a) Amsterdam Boat Center: Amsterdam Boat Center en de merknamen Amsterdam Boat Center, Classic Canal Cruise, en Open Boat Tour
b) Client: the (potential) purchaser/customer whether this is a consumer or a commercial client;
c) Consumer an individual who is not acting in a commercial capacity or as a company;
d) Commercial Client: all entities that do not fall under the definition of a consumer. The Dutch law concerning remote selling does not apply to commercial clients.
Article 2: Applicability
2.1 These General Terms and Conditions apply to all offers, tenders/options and all purchases of (e-)tickets and other products/services via www.amsterdamboatcenter.com or via Amsterdam Boat Center’s points of sale, in as much as these terms and conditions have not been expressly stated otherwise in writing by Amsterdam Boat Center.
2.2 By purchasing an (e-)ticket or other product/service from Amsterdam Boat Center, the Client expressly and unconditionally accepts the applicability of these terms and conditions. The terms and conditions appear on Amsterdam Boat Center’s website, can be examined at the points of sale and can be requested, free of charge, from Amsterdam Boat Center.
2.3 The applicability of any general or other terms and conditions of the Client are expressly rejected.
2.4 Should one or more of the conditions be nullified or countermanded, the remaining stipulations remain fully applicable. The Parties will then enter into discussions to agree upon a replacement for the nullified or countermanded condition, which will, as far as possible, take account of the purpose or intention of the original condition.
2.5 Amsterdam Boat Center is entitled to amend the conditions laid down in these General Terms and Conditions should circumstances so demand. The Client accepts, now and henceforth, that these general conditions that are amended on the basis of this Article, are binding, with respect to the orders the Client places, after the Client has been properly informed of such changes to the terms and conditions by Amsterdam Boat Center.
2.6 In the case of any conflict in meaning between the Dutch text of the General Terms and Conditions and foreign translations thereof, the Dutch text takes precedence.
Article 3: Offer and tenders
3.1 All offers are without obligation, unless an acceptance period is stated in the offer.
3.2 All offers made by Amsterdam Boat Center are without obligation. They are valid for a period of fourteen days, unless stated otherwise. Amsterdam Boat Center is only bound by the tender should the acceptance of the tender be confirmed in writing within fourteen days, unless stated otherwise.
3.3 The agreement first comes into force should Amsterdam Boat Center confirm an order in writing or else actually commence implementing the order. This also applies should the agreement be arrived at by electronic means.
3.4 All price quotations from Amsterdam Boat Center and all amounts charged to the Client by Amsterdam Boat Center are inclusive of VAT and are in Euros, unless expressly stated otherwise or this has been agreed by the parties. Amsterdam Boat Center retains the right to pass on to the Client reasonable prices changes should circumstances so dictate.
3.5 Should an offer be accepted, Amsterdam Boat Center has the right to withdraw the offer within two days of receiving the acceptance of the offer. The management retain the right to void an agreement entered into by one of their employees within the reasonable period of eight days.
3.7 Offers and tenders do not automatically apply to future orders.
Article 4: E-tickets
4.1 Amsterdam Boat Center provides e-tickets which bear a unique barcode. The e-tickets can be immediately downloaded after payment. The e-tickets are also forwarded digitally to a stated email address.
4.2 Amsterdam Boat Center is not liable should the email address entered by the Client not be correct or if their email account is not working properly.
4.3 The Client has to print the e-tickets themselves and bring them to Amsterdam Boat Center.
4.4 Prior to the making use of the service provided thee-ticket will be checked. All e-tickets can only be used once. After being checked at the entrance the e-ticket has no value.
4.5 The barcodes on the e-tickets must not be folded or damaged in any way. If the barcode is damaged access to the service offered by Amsterdam Boat Center may be denied.
4.6 The “approval time” based on the “Remote selling Act” of seven working days, does not apply, bearing in mind Article 7:46i Section 3 of the Dutch Civil Code.
4.7 Amsterdam Boat Center retains the right to refuse an order or to cancel an order without having to provide a reason. The Client will be informed of this.
4.8 Should, due to technical problems of whatever nature, the payment is not made or not correctly processed and/or authorised, Amsterdam Boat Center assumes no responsibility for this failure.
4.9 Making use of the e-tickets for commercial purposes without the written permission of Amsterdam Boat Center is not permitted.
4.10 E-tickets cannot be used in combination with other promotions and/or promotional discounts. Should the date of validity have passed it is not possible to exchange the tickets and there is no entitlement to restitution or compensation.
Article 5: Force majeure and resolutive condition
5.1 Should Amsterdam Boat Center not be able to comply with their obligations due to force majeure, there is no entitlement to restitution or compensation.
5.2 In these conditions force majeure is, in addition to the law of jurisprudence, taken to mean all external causes, anticipated or not anticipated, over which Amsterdam Boat Center can exert no control, but due to which Amsterdam Boat Center is not in a position to meet their obligations. This includes but is not limited to: fires, accidents, illnesses, pandemics, strikes, civil disturbances, war, government measures and transport problems.
5.3 The resolutive conditions that apply to all cruises/trips include weather conditions (severe storms and/or ice formations and/or high water), unexpected dark conditions and technical disasters, causing problems with the cruise/trip or making them impossible, such conditions being assessed by Amsterdam Boat Center.
Article 6: Rules of behaviour
6.1 In purchasing a service or product from Amsterdam Boat Center or by entering a area used by Amsterdam Boat Center, the Client expressly and without reservation accepts the applicability of the rules of behaviour stated in the General Terms and Conditions of the Amsterdam Boat Center.
6.2 Amsterdam Boat Center is duly entitled to remove Clients who are misbehaving or who appear to be misbehaving, from those locations being used by Amsterdam Boat Center. These locations include jetties, water bikes and vessels.
6.3 The Client is to observe all instruction given by the employees of Amsterdam Boat Center, promptly and without delay.
6.4 Pets and animals are not permitted in/on the locations used by Amsterdam Boat Center.
6.5 Access to vessels, jetties and (sales)locations may be denied without a reason being provided, should this be deemed necessary by Amsterdam Boat Center, for example in connection with capacity, safety, public order, the threat of damage or inconvenience, without the Client being entitled to restitution or compensation.
6.6 Should the instructions not be followed Amsterdam Boat Center is entitled to halt the sailing. The Client will not be entitled to claim restitution or compensation.
Article 7: Cruise
Without prejudice to the above stated conditions, thefollowing specific conditions apply to the cruise/trip arrangements :
a) the maximum number of persons on the ship of Amsterdam Boat Center may never exceed the number of people that the boat is approved to carry;
b) in exceptional circumstances Amsterdam Boat Center retains the right to request a surety or a charge for cleaning. The actual amount charged will be decided by Amsterdam Boat Center;
c) after the trip has been completed the Client should sign a trip order form to confirm the services that have been carried out;
d) For the implementation of a programme of events the Client cannot stipulate a certain type of boat or a specific boat, unless this has been otherwise agreed.
Article 8: Catering
8.1 Catering on board will be exclusively provided by third parties employed by Amsterdam Boat Center unless explicitly agreed otherwise by the parties.
8.2 The Client is obliged to pay Amsterdam Boat Center for catering costs, in as much as these have not been quoted for in the offer, tender/option, within the time period stipulated in Article 3.2.
8.3 Own tableware and linen should be environmentally friendly and reusable.
8.4 Amsterdam Boat Center will add a supplementary charge for administration costs for drinks consumed in cafés and restaurants.
8.5 Amsterdam Boat Center retains the right to request those guests present to provide formal identification in order to confirm an individual’s age in connection with the sale of alcoholic beverages.
8.6 Amsterdam Boat Center retains the right to refuse to (continue to) serve alcoholic beverages, should the staff have sound reasons to do so.
Article 9: Intellectual property
9.1 It is possible that, as a guest, you may have your photograph taken or be filmed. Amsterdam Boat Center at all times retains the right to make use of such material for publication.
Article 10: Liability
10.1 Amsterdam Boat Center is not liable for any damage to and/or loss of the Client’s property. The Client takes all their property on board entirely at their own risk.
10.2 Amsterdam Boat Center is at not liable for damages caused by death or injury to the client, unless this is caused by a deliberate act or the gross negligence of Amsterdam Boat Center.
10.3 Amsterdam Boat Center is not liable for damages to individuals or Client’s goods, caused by entering or boarding the property of Amsterdam Boat Center, this is to include the jetty, (sales)locations and vessels/water bikes. The Client enters these areas/vessels entirely at their own risk.
10.4 Amsterdam Boat Center is not liable for damages caused by the delay in sailing or during the cruise.
10.5 Amsterdam Boat Center is not liable for indirect or consequential damages, this includes (but is not limited to) loss of profits, damages due to interruption of business activities and/or loss of Client’s earnings.
In the case of sales to consumers this restriction extends no further than permitted under Article 7:24 section 2 of the Dutch Civil Code.
10.6 Amsterdam Boat Center will not be held liable for any action or inaction by their members of staff as stated in Article 6:170 of the Dutch Civil Code and other persons as stated in Article 6:171 of the Dutch Civil Code.
10.7 In as much as Amsterdam Boat Center is liable for any damages, this liability is limited to the maximum amount covered by their insurance.
10.8 In as much as Amsterdam Boat Center is liable for any damages not covered by their insurance, this liability is limited to the maximum invoiced amount.
10.9 The Client is liable for damages caused by the Client to the property/goods used by Amsterdam Boat Center or to third parties.
10.10 The Client is liable for the damages caused by the Client or their baggage to Amsterdam Boat Center or their employees. The captain of the vessel is duly empowered to refuse to allow baggage onboard, should he/she deem this necessary.
10.11 All activities organised by Amsterdam Boat Center take place entirely at the Client’s own risk.
10.12 The Client indemnifies Amsterdam Boat Center against claims by third parties.
Article 11: Payment
11.1 Payment must in all cases take place within fourteen days of the invoice, by means stipulated by Amsterdam Boat Center in the currency stated in the invoice and no later than one working day before the agreement between the parties is carried out. Amsterdam Boat Center is permitted to only commence with proceedings after full payment has been received.
11.2 Should the Client continue not to meet its obligations in the timely payment of an invoice, the Client is deemed to be in default without the need for formal notice of default. The Client will then incur interest charges. In the case of consumer sales the interest is equal to the statutory applicable rate. In other cases the Client will be charged 3% per month, unless the statutory applicable commercial interest rate is greater, in which case the statutory applicable commercial interest rate applies.
11.3 Amsterdam Boat Center is entitled to deduct the payments made by the Client initially for costs, followed by the outstanding interest charges and finally the principal amount and current interest. Amsterdam Boat Center may, without placing themselves in a position of default, reject a payment proposal made by the Client, should the Client designate an alternatively prioritised order of payment. Amsterdam Boat Center may also reject full payment of the principal sum should the outstanding and current interest charges and collection charges not be paid at the same time.
11.4 The Commercial Client is not entitled to make adjustments to payments owed by them to Amsterdam Boat Center.
11.5 Objections to the charges on the invoice will not result in the payment being suspended. The Commercial Client is also not permitted to suspend payment of an invoice for another reason.
11.6 In the case of late payment, bankruptcy, being placed in administration or application of the Natural Persons Debt Rescheduling Act, all debts owed by the Client to Amsterdam Boat Center are immediately collectable and all the consequences of non-compliance come into force and the Client is, without prejudice to the other rights of Amsterdam Boat Center and without there being formal notice of default being served, liable to make payment to Amsterdam Boat Center of the full outstanding invoiced amount up to the time of invoice and the statutory commercial interest plus two percent, on the outstanding amount to that point in time that full payment is made. The Client also incurs extrajudicial collection charges amounting to 20% of the late payment amount with a minimum of 500 Euros (excluding VAT). In the case of late payment the Client is liable to make full payment to Amsterdam Boat Center of the collection charges/legal fees. That stipulated in this sub-section does not limit the remaining stipulated rights of Amsterdam Boat Center.
11.7 Should the Client not comply with their obligations or be in default with regard to the timely compliance with their obligations, all reasonable extrajudicial costs associated with obtaining payment are to be borne by the Client. The extrajudicial costs will be calculated on the basis of Dutch collection practices, this being the calculation method according to Preparatory Report II. Should Amsterdam Boat Center have actually incurred greater collection costs that were in all reasonableness required, the actual costs incurred will apply. Any actual legal costs incurred and bailiff fees for serving writs will also be charged to the Client. The later is also liable to pay the collection costs incurred as well as the statutory applicable commercial interest.
11.8 Amsterdam Boat Center is entitled to retain goods and property of the Client until such time that the Client has made full payment.
11.9 At the first request the Client is bound to provide adequate surety to Amsterdam Boat Center with respect to making payment of the outstanding debts, this also applies should these debts not yet be due for collection. This being on penalty of suspension by Amsterdam Boat Center of their obligations.
Article 12: Cancellation and delays
12.1 In the case of cancellation after the agreement has come into force the Client is liable to make payment of the following percentages of the full invoiced amount:
– more than 8 weeks before the agreed upon date until implementation of the agreement: 10%;
– between 8-4 weeks before the agreed upon date until implementation of the agreement: 20%;
– between 4-2 weeks before the agreed upon date until implementation of the agreement: 33%;
– between 2-1 weeks before the agreed upon date until implementation of the agreement: 50%;
– between 7-2 days before the agreed upon date until implementation of the agreement: 75%;
– within 48 hours before the agreed upon date until implementation of the agreement: 100%.
12.2 When cancelling after having made a definitive confirmation, the Client will in all cases be required to pay € 25.00 administration costs.
12.3 Cancellation by the Client can only be accepted in writing.
12.4 The customer may reduce the number of participants within a margin of 10% up to 48 hours prior to the agreed upon date of the services being provided without any charge being imposed by submitting a written request, unless agreed upon otherwise. When reducing the number of participants by more than 10% the cancellation provisions apply, as stated in Article 13.1.
12.5 For additional passengers who have not been registered 48 hours prior to the cruise/trip, an extra reasonable charge will be applied. Amsterdam Boat Center will make any decision regarding the allowing of additional passengers to participate in a cruise/trip, should the number of passengers stated on the tender be exceeded.
12.6 Should the Client and the people invited to participate not be present at the time and date agreed upon with Amsterdam Boat Center, the subsequent additional costs incurred by Amsterdam Boat Center will be charged to the Client. In such circumstance this does not prejudice the right of Amsterdam Boat Center to cancel the activity, thus bringing into effect the appropriate percentages stated in Article 13.1.
Article 13: Complaints
13.1 Complaints concerning the invoiced amounts and/or the services provided by Amsterdam Boat Center should be made known to Amsterdam Boat Center in writing within five days of the invoice having been posted or within five days of the service having been provided, and should present a clearly specified account of what the complaints are, in the absence of which the Client will be deemed to have accepted the situation.
13.2 Notwithstanding Article 14.1, any complaints concerning the catering should be reported immediately on the same evening, directly to the catering staff.
Article 14. Waivers and statute of limitations
14.1 The waiving of one or more rights by Amsterdam Boat Center in relation to a contravention of a condition of these General Terms and Condition does not constitute a waiver of one or more rights concerning the contravention of other conditions, nor does this apply to a subsequent contravention of the same condition.
14.2 All legal claims a purchaser may have based upon the agreement entered into with Amsterdam Boat Center, lapse after a period of one year of the legal claim coming into existence. In the case of consumer sales section 1 does not apply to legal claims and defences that are based upon facts that would justify the contention that the goods or services provided did not meet the requirements of the agreement. In such cases the claims or defences have a period of limitation of two years of the Client timely notifying Amsterdam Boat Center of the non-conformity.
Article 15: Dissolution and amendment of the agreement
15.1 Notwithstanding the rights of Amsterdam Boat Center based upon legislation, should the Client not meet one of the obligations with respect to Amsterdam Boat Center, or Amsterdam Boat Center has reason to fear that the Client will not meet their obligations and/or the Client is not capable of offering adequate surety for meeting their obligations at the first request of Amsterdam Boat Center, Amsterdam Boat Center is entitled to suspend the (further) implementation of the agreement(s) made with the Client or to partially or fully dissolve the agreement(s).
15.2 The rights and authorisations stated in Article 16.1 also apply to Amsterdam Boat Center in one or more of the following cases:
a) The Client alters the form of their company entity;
b) Changes to the Client’s board members;
c) A restraint order is placed on the Client’s products;
d) the Client requests to be placed into administration, is declared bankrupt or otherwise looses free control of their finances;
e) The Client goes into liquidation;
f) The Client dies or, if it is a company, is dissolved.
15.3 Should the state of the waterway or other circumstances (in part but not exclusively) so require or justify the trip and/or activity to be altered or cancelled in the interests of safety, Amsterdam Boat Center does at all times have the right to alter (a part of) their sailings schedules, routes or activities, without the Client being entitled to claim any restitution or compensation.
Article 16: Applicable law and authorised Court
16.1 Dutch law applies exclusively to all legal matters that Amsterdam Boat Center is party to, even should the party involved in the legal matter be domiciled abroad. The applicability of the Vienna Convention is expressly excluded.
16.2 With regard to all disputes relating to that stated in Article 17.1, the parties will exert all their efforts to solve such disputes by means of mutual discussions. Should no reasonable settlement be reached by the parties, then these disputes will be put before the court of first instance of the duly authorised court in the in District of Amsterdam, with the exception of those disputes concerning consumer sales, in which case the disputes will be heard by the competent court duly appointed by law.