Terms & conditions for charter products
Article 1 - Definitions
1.1 In these general terms and conditions, the following terms will be understood as follows:
a) Stromma.com, Stromma Nederland, Canal Tours Amsterdam, Hop On Hop Off, Amsterdam Harbour Cruise and Amsterdam Excursions are the trade names of Stromma Nederland B.V.
b) The Official Organiser: Stromma Nederland B.V. trading under the name of Stromma Nederland, Weteringschans 26, 1017 SG Amsterdam, with telephone number 0031-(0)20-2170501, e-mail email@example.com
c) The Client: the person who enters into an agreement with Stromma Nederland.
d) Participants: the persons who use services of Stromma Nederland together with or under responsibility of the Client.
Article 2 - Scope of applicability of the general terms and conditions
2.1 These general terms and conditions apply between Stromma Nederland (SN) and the Client. The agreement applies to the purchase of the services supplied by the companies (brands) referred to under 1.1 a.
2.2 By purchasing a ticket or e-ticket or other products/services from SN, the Client expressly and unreservedly accepts the applicability of these general terms and conditions. The general terms and conditions are published on the website of SN, are available for inspection at the points of sale and can be requested from SN free of charge.
Article 3 - Offer and tenders
3.1 All offers are without obligation, unless an acceptance period is stated in the offer.
3.2 All tenders made by SN are without obligation. They are valid for a period of fourteen days, unless stated otherwise. SN is only bound by the tender if the acceptance of the tender is confirmed in writing within fourteen days, unless stated otherwise.
3.3 All price quotations from SN and all amounts charged to the Client by the SN are exclusive of VAT and are in Euros.
3.4 There may be deviations from the provision in article 3.3, when expressly stated otherwise or when this has been agreed by the parties.
3.5 After the offer is accepted, SN has the right to withdraw the offer within two days of receiving the acceptance of the offer. The management retains the right to void an agreement entered into by one of their employees within the reasonable period of eight days.
3.6 Offers and tenders do not automatically apply to future orders.
3.7 SN retains the right to pass on reasonable price changes to the Client.
Article 4 - The agreement
4.1 An agreement between SN and the Client can be concluded both orally and in writing.
4.2 If the agreement is concluded through a free quotation made by SN, the agreement will not be concluded until SN has confirmed the agreement in writing, or has commenced with the performance thereof.
4.3 SN, as the Official Organiser, is responsible for performing the service in accordance with the agreement, subject to the provisions of these general terms and conditions. This responsibility also extends to services performed by a party other than SN that are part of the agreement.
4.4 SN is not bound by obvious mistakes or errors made in SN's quotation or commitments by third parties of which SN could not have had any knowledge.
4.5 Subject to the provisions under 4.4, the information in catalogues, brochures and on websites is binding on SN. SN nevertheless retains the right to change this information prior to the conclusion of the agreement, provided that the Client is informed of this in advance. SN is not responsible for misprints.
Article 5 - Payment
5.1 Unless agreed otherwise, payment of the total invoice must in all cases take place within fourteen days after the date of the invoice. The payment must take place before the due date that is stated in the agreement, but in any event no later than one working day before the agreement between the parties will be carried out.
5.2 The agreement will be cancelled when SN hasn’t received the payment on the due date, as stated in article 5.1.If the Client does not pay on time, this will be considered to be a cancellation on which the cancellation conditions of article 6 apply.
5.3 If the Client does not 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.
5.4 If the Client is in default of the timely performance of his/her obligations, all reasonable costs incurred to obtain performance of the obligation will be for the account of the Client.
5.5 SN is not liable in the event that technical failures of whatever nature prevent the payment from being processed and/or authorized, or from being processed and/or authorized correctly or on time.
5.6 The Client is not entitled to settle the payments owed by them to SN.
5.7 Objections to the charges on the invoice will not result in the suspension of the payment. The Client is also not allowed to suspend payment of an invoice for another reason.
5.8 At the first request the Client is bound to provide adequate surety to SN with respect to making payment of the outstanding debts, this also applies if these debts are not collectable yet. This being on penalty of suspension by SN of their obligations.
Article 6 - Cancellation
6.1 The Client may cancel the booking in writing at the Official Organiser.
6.2 The Client may only cancel the booking of a combination of arrangements or a package as a whole. The separate parts cannot be cancelled separately.
6.3 In the case of cancellation after the agreement has come into force, the Client is liable to pay the following percentages of the full invoiced amount:
- more than 8 weeks before the agreed date until implementation of the agreement: 10%;
- between 8-4 weeks before the agreed date until implementation of the agreement: 20%;
- between 4-2 weeks before the agreed date until implementation of the agreement: 33%;
- between 2-1 weeks before the agreed date until implementation of the agreement: 50%;
- between 7-2 days before the agreed date until implementation of the agreement: 75%;
- within 48 hours before the agreed date until implementation of the agreement: 100%.
6.4 When cancelling after having made a definitive confirmation, the Client will in all cases be required to pay € 25,- administration costs.
6.5 The Client may reduce the number of participants within a margin of 10% up to 48 hours prior to the agreed date of the services being provided by submitting a written request, without any charge being imposed, unless agreed upon otherwise. When reducing the number of participants by more than 10% the cancellation provisions apply, as stated in article 6.3.
6.6 For additional passengers who have not been registered 48 hours prior to the cruise/trip, an reasonable extra charge will be applied. SN will decide whether the additional passengers are allowed to participate in a cruise/trip, when the number of passengers stated on the tender will be exceeded.
6.7 If the Client and the participants are not present at the time and date agreed upon, the subsequent additional costs incurred by SN will be charged to the Client. SN retains the right to cancel the activity, thus bringing into effect the appropriate percentages stated in Article 6.3.
Article 7 - Changes by SN and the Client’s rights
7.1 SN is entitled to change the provisions laid down in these general terms and conditions where the specific circumstances dictate so. Should this situation arise, the Client accepts that the general terms and conditions that have been changed pursuant to this article are binding on the Client, after SN has properly informed the Client of such changed general terms and conditions. The Client may withdraw from the agreement if the terms and conditions are changed substantially to his/her disadvantage. In that event, SN will repay the total amount paid.
7.2 SN is entitled to change the agreed service, provided that the Client is offered an equal or better alternative. If SN cannot perform the agreed service and cannot offer an equal alternative, the Client has the right to withdraw from the agreement. In that event, the invoice amount will be reimbursed to the Client.
7.3 If SN experiences a cost increase after the conclusion of the agreement with the Client – in particular, but not limited to a statutory costs increase or tax increase – SN is entitled to increase the price of the services in accordance therewith. A price increase may not be implemented if such is done less than 20 days before departure and the Client has not been informed thereof.
Article 8 - Liability
8.1 SN is not liable for:
a) theft or loss of or damage to the belongings of the Client/participants. Bringing along belongings is entirely at your own risk;
b) damage and/or loss caused by the death or injury of the Client/participants, except in the cases in which this damage and/or loss is the consequence of wilful misconduct or gross negligence on the part of SN;
c) damage and/or loss that arose before or after the departure of the Client/participants, on entry of or his/her presence in/on the property used by SN, including, but not limited to, moorings, points of sale and boats;
d) damage and/or loss caused by delay on departure or during the performance of the service;
e) indirect or consequential damage and/or loss;
f) any acts or omissions by its employees within the meaning of book 6, section 170 of the Dutch Civil Code and other persons within the meaning of book 6, section 171 of the Dutch Civil Code.
8.2 All services organised by SN are entirely at the Client's/participant’s own risk.
8.3 Entering or being present on the grounds and in/on objects used by SN, such as, boats, moorings and points of sale, is at the Client's/participant’s own risk.
8.4 If SN is indeed liable for any damage and/or loss, this liability is limited to the maximum amount covered under SN's insurance. In the event that the damage and/or loss is not covered by the insurance, this liability will be limited to the invoice amount.
8.5 The Client is liable for damage and/or loss caused by the Client to property used by SN or third parties engaged by SN. The Client is liable for any damage and/or loss he/she causes to SN or its employees.
8.6 The provisions of article 8.5 shall apply mutatis mutandis to the other participants.
Article 9 - Rules of conduct and obligations of the Client
9.1 The Client must be 18 years or older to conclude a valid agreement with SN.
9.2 The Client and participants must behave properly both during and outside the service to be performed if the Clients are at locations or properties used by SN.
9.3 The Client must follow all the instructions given by SN or its employees correctly and without delay.
9.4 SN has the right to terminate the performance of the service if these instructions are not followed. In this case, the Client is not entitled to a refund or compensation.
9.5 No animals or pets are allowed at or inside of the property used by SN.
9.6 SN may remove Clients, who misbehave or who are under the influence of alcohol or drugs, from the property used by SN, which includes – but is not limited to – moorings and (pedal) boats.
9.7 SN may deny the Client access to the boats, moorings and points of sale without giving reasons, if SN deems this necessary, for example, in relation to capacity, safety, public order, or imminent damage or nuisance. This will not give the Client the right to a refund or compensation.
9.8 On board, it is not allowed to consume your own consumptions.
Article 10 - Catering
10.1 Catering on board will be exclusively provided by third parties employed by SN, unless explicitly agreed otherwise by the parties.
10.2 The Client is obliged to pay SN for catering costs before the date agreed upon, insofar these costs have not been included in the offer/tender.
10.3 Own tableware should be environmentally friendly and reusable.
10.4 SN will add a supplementary charge for administration costs for drinks consumed in cafés and restaurants.
10.5 SN retains the right to request the guests to provide formal identification in order to confirm someone’s age in connection with the sale of alcoholic beverages.
10.6 SN retains the right to refuse to (continue to) serve alcoholic beverages, when the staff has sound reasons to do so.
Article 11 - Special provisions for cruises
11.1 Without prejudice to the above stated conditions, the following specific conditions apply to the cruise/trip arrangements :
a) the maximum number of persons on the boat of SN may never exceed the number of people that the boat is approved to carry;
b) in exceptional circumstances SN retains the right to request a surety or a charge for cleaning. The actual amount charged will be decided by SN;
c) after the trip has been completed the Client should sign to confirm the services that have been carried out;
d) the Client cannot claim a certain type of boat or a specific boat, unless this has been agreed otherwise.
Article 12 - Special provisions regarding the pedal boat rental
12.1 Without prejudice to the provisions stated above, the following specific conditions apply to the pedal boat arrangements:
a) The maximum number of persons permitted on a pedal boat is four;
b) Children under the age of 10 may only use the pedal boat under the supervision of adults;
c) The Client warrants that the persons on board the pedal boat are able to swim;
d) The Client makes sure that all participants are aware of the applicable rules;
e) The pedal boats will be kept reserved for the client for a maximum period of 30 minutes after the time agreed upon. Later departure will in no way automatically entitle the Client to a late return. If the Client returns the pedal boat late, the additional rental price will be rated pro rata for the additional time the pedal boat has been used. SN may, should their reservation schedule dictate so, oblige the Client to return the pedal boats at the agreed time at the agreed mooring. If the Client is not present at the agreed date and time, the Client is liable to pay the full rental amount.
f) If the Client has purchased a rain insurance when making the reservation, SN will, in bad weather conditions (as assessed by SN), offer the Client an alternative programme. The decision concerning the implementation of the rain insurance is entirely at the discretion of SN. It must be noted that the rain insurance does not constitute a form of a cancellation insurance.
Article 13 - Unforeseen circumstances and force majeure
13.1 Both parties are entitled to withdraw from the agreement if the agreed service cannot be performed due to unforeseen circumstances or cases of force majeure, including, for example, war, natural disasters, labour market conflicts, long-term interruption in the supply of water or electricity, fire, or similar events that both parties could not have foreseen or controlled.
13.2 If the agreement is terminated for the reasons stated above, the parties will not be entitled to compensation of damage or a refund.
Article 14 - Complaints and disputes
14.1 The Client must immediately inform SN of any problems arising during the performance of the service, so that SN is given the opportunity to solve the problem. If the Client does not immediately communicate the problem, the right to file a complaint in this respect lapses.
14.2 If the Client and SN cannot resolve the problem, disputes may be submitted to the competent court in the district of Amsterdam, except in those cases where the law imperatively prescribes a different competent court.
14.3 This agreement, the general terms and conditions and all disputes arising therefrom are governed exclusively by Dutch law.
14.4 In case of conflict between the Dutch terms and conditions and the translations of it, the Dutch text will prevail.
Article 15 - Intellectual property
15.1 It is possible that guests will be photographed or filmed. SN at all times retains the right to make use of such material for publication.