Article 1 Introduction
The parties involved in these conditions:
Contractor: Partnership under the name of Utrecht Travelcafé represented and directed by Lodewijk van der Horst.
Contract giver: The one who gives Utrecht Travelcafé the contract by taking care of a tour or an arrangement in a broad sense of the word.
Contract: Any arrangement given to Utrecht Travelcafé regardless of the method.
Service: Offering walking tours, bike tours, and arrangements or a combination of mentioned tours, by Utrecht Travelcafé in Utrecht.
Participant: The one who participates in a service (tour or arrangement) provided by Utrecht Travelcafé.
Baggage: All objects that a participant carries with them, not including living animals.
Article 2 Relevance
- The terms and conditions are applicable on any arrangement agreed upon between Utrecht Travelcafé, situated in Utrecht, kvk (chamber of commerce) number 67891241 and Contract giver/participant and form the basis for handling disputes.
Article 3 Commencement of agreement
- A booking is a request for an agreement. There is an agreement at the time that Utrecht Travelcafé has confirmed the booking request, and the amount due is paid by the agreed time by the contract giver. An automatic reply of the booking cannot be seen as a confirmation of starting the agreement.
- For every booking the contract giver must supply accurate information regarding the arrangement. A booking can be made either via the website or telephone. The contract giver is responsible for the accuracy of the information given to Utrecht Travelcafé. Any cost sustained from inaccurate information is payable by the contract giver.
- Utrecht Travelcafé reserves the right to decline a booking.
- By entering into an agreement Utrecht Travelcafé commits itself to the implementation of the requested service. Utrecht Travelcafé will conduct the matter of organizing the requested service but cannot be held accountable for a unsatisfactory outcome.
- The agreement is subject to change due to unforeseen circumstances. When a planned service is cancelled due to unforeseen circumstances, Utrecht Travelcafé will do whatever is necessary to offer a substitute service to minimize the inconvenience to the client.
Article 4 Payment
- Payments by contract giver/participant to Utrecht Travelcafé must be done either in cash euro’s or through bank transfer. Bankcards and credit cards are unable to be accepted as a method of payment.
- Utrecht Travelcafé is entitled to request cash payment to the exact amount or within a reasonable limit.
- Payments by bank transfer can be made payable to Utrecht Travelcafé through ING Bank, account number IBAN NL06INGB0007963515 and BIC INGBNL2A.
- On foreign and domestic payments the cost of the transfer is payable by the contract giver/client.
- If payment is not received by the agreed time of the service, Utrecht Travelcafé is under no obligation to provide the service.
- In exceptional cases different payment terms can be agreed upon. Any agreed upon changes to payment must be done in writing.
- Before receiving the service the contract giver/client must provide written proof of purchase in the form of a voucher.
- Utrecht Travelcafé is at all times entitled to settle his claims with the contract giver/participant, with outstanding payments from the contract giver/participant.
Article 5 In the case of a substitution
- Up to 7 days prior to the agreed time of service, the contract giver may substitute their position in the agreement to another contract giver. The rights and obligations from the initial contract giver will carry over to the new contract giver. Utrecht Travelcafé is not obligated to accept any changes to the agreement, unless agreed upon in writing.
- The substitution can only takes place through a specific agreement with the substituted party.
Article 6 Cancellation by Utrecht Travelcafé
- Utrecht Travelcafé is authorized without judicial intervention to terminate the agreement, because of significant circumstances making it unreasonable to continue the agreement.
- In case of a situation described in previous point, Utrecht Travelcafé will do their best to offer an alternative which is similar in quality and price as the original agreement unless the circumstances are caused by the contract giver.
- If no alternative arrangements can be agreed upon the payment will be refunded within one month.
Article 7 Cancellation
- The contract giver/participant is entitled to cancel the contract via the e-mail address of [email protected], cancellations will only be accepted under the following terms:
- Cancellation for a requested tour is not possible under normal circumstances. If the cancellation of the service is due to weather-related conditions, the contract giver/participant will receive the opportunity to use the service at another time in consultation with Utrecht Travelcafé.
- If cancellation occurs after a service has been confirmed by Utrecht Travelcafé, a cancellation fee of 15% will be charged.
- If cancellation occurs between 30 to 15 days prior to the commencement of the agreed service, the contract giver/participant must pay 20 % of the agreed price to Utrecht Travelcafé..
- If cancellation occurs between 14 to 2 days prior to the commencement of the agreed service, the contract giver/participant must pay 35 % of the agreed price to Utrecht Travelcafé..
- If cancellation occurs between 48 to 24 hours prior to the commencement of the agreed service, the contract giver/participant must pay 50 % of the agreed price to Utrecht Travelcafé..
- If cancellation occurs within 24 hours prior to the commencement of the agreed service, the contract giver/participant must pay 100 % of the agreed price to Utrecht Travelcafé.
- Cancellation of a service related to poor weather conditions is at the discretion of Utrecht Travelcafé. Utrecht Travelcafé will then consider a new date for the service. Both the contract giver/participant and Utrecht Travelcafé must be in agreement on the new date of the service. Should this not be possible due to the participants being unable to stay longer in the Netherlands, then 85 % of the amount will be returned to the client. The client will be informed as soon as possible of the decision.
- If at a start of a service, it appears there is less people than the number reserved in the contract, then the contract giver/participant has no right to receive a refund for the missing people.
- If at a start of a service, it appears there is more participants than the number reserved in the contract, then these participants must pay the outstanding amount in cash to Utrecht Travelcafé before the commencement of the service.
- Dissatisfaction with the content of a service is not a reason for a refund to the contract giver/participant.
Article 8 Rights and obligations of the participant
- The participant is obliged in all fairness to follow the instructions of Utrecht Travelcafé.
- The participant on tour is obliged to refrain from:
- Consuming alcoholic beverages, unless during a scheduled break on the tour;
- Consumption or transportation of recreational drugs;
- Displaying aggressive behavior, harassing, threatening or otherwise improper manner towards employees of
Utrecht Travelcafé and/or third parties;
- In any way hindering Utrecht Travelcafé from performing their duties.
- The participant has the right to a proper implementation of the service.
- The participant has the right to accurate instructions regarding the service and personal safety before the service begins.
Article 9 Rights and obligations of Utrecht Travelcafé
- Utrecht Travelcafé is obliged to conduct the service in a careful and safe manner.
- Utrecht Travelcafé is required to maintain confidentiality of personal information obtained in connection with bookings for a service (s), under the personal data protection act.
- Utrecht Travelcafé is authorized to deny the contract giver/participant the permission to participate.
Article 10 Luggage
- The participant is required to secure and transport their luggage in a proper manner.
- Utrecht Travelcafé is not responsible for the theft or damage to the participants luggage.
- Utrecht Travelcafé reserves the right to refuse luggage that is troublesome, dangerous or prohibited. Such a situation is certainly the case if the luggage consists out of:
- Clubs and/or knives
- Explosive / flammable substances
- Strong or unpleasant odor
Article 11 Animals
- The client is forbidden to transport live animals during the execution of the service.
Article 12 Liability of the contract giver/ participant
- Each contract giver/participant is liable for any damage directly or indirectly caused by his/her actions to Amsterdam Travelcafé and or a third party, and acquit Utrecht Travelcafé of any responsibility.
- The contract giver/participant must behave in a responsible manner. If Utrecht Travelcafé believes that a contract giver/participant may cause any loss, damage or inconvenience than the contract giver/participant can be excluded from the service. Damage or costs arising from these actions will be borne by the contract giver/participant, if the effects of loss, inconvenience or damage giver can be attributed to the contract giver/participant.
- If a contract giver/participant acts in a irresponsible manner, therefore causing the cancellation of the contract as agreed, the contract giver has no rights to any refund from Utrecht Travelcafé.
- The contract giver/participant is obliged to avoid or minimize any damage.
Article 13 Responsibility Utrecht Travelcafé
- Utrecht Travelcafé is not responsible for damage of any kind, caused by inaccurate information provided by the contract giver/participant.
- Utrecht Travelcafé is exclusively responsible for damage that is caused solely by Utrecht Travelcafé.
- Utrecht Travelcafé is only responsible for direct damage.
- With direct damage we mean exclusively the direct costs
Article 14 Exoneration
- 1. If Utrecht Travelcafé is liable, the liability is limited to the amount of its liability insurance.
- If the liability insurance of Utrecht Travelcafé for some reason unexpectedly cannot offer coverage, then the liability of Utrecht Travelcafé is limited to two times the amount invoiced for the service to a maximum of € 500,-.