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Leijnse Stadstours

Joost Banckertplaats 166

3012HJ Rotterdam

email: [email protected]

VAT: NL134650645B02

Bank: ING BNL2A (xxx)

INGB NL89INGB0007178746

Leijnse Stadstours ( Leijnse Tours)  staat ingeschreven in de Kvk te Rotterdam onder nummer:    60196114.

1. tours, tour programmes  and activities, tourist services.

GENERAL TERMS & CONDITIONS Leijnse Stadstours

1 1 APPLICABILITY OF THESE CONDITIONS

1.1

These conditions apply to – and are an inseparable part of – every offer, quotation and agreement concerning Leijnse Stadstours, registered in Rotterdam and hereinafter referred to as the contractor, services, activities and products of any kind, unless explicitly otherwise agreed to in writing.

1.2

In these general Terms and Conditions, the following is understood by:

Client: a natural or legal entity with whom Leijnse Stadstours enters into an agreement, or negotiates about its formation, or to whom Leijnse Stadstours provides an offer. The (legal) entity that ordered the contractor to provide services or to have these provided; the counterparty of Leijnse Stadstours.

Organiser or contractor: Leijnse Stadstours, which performs the order.

Quote: a non-binding or binding quote for specified activities by Leijnse Stadstours and the (estimated) budget of the costs related to those activities.

Order: an agreement to provide services within the meaning of article 7:400 et seq. of the Dutch Civil Code,

in which the Organiser or Contractor binds itself to provide services or to have these provided to the client. Every agreement between Leijnse Stadstours and the Client, every amendment of or addition to this, as well as all (legal) acts for the preparation and performance of that agreement;

Contract period: the duration of the order agreed to in the agreement signed by Client and Contractor.

Programme or package: all tours and events organised by Leijnse Stadstours;(tourist- guide-services, activities, tours, tour programme, tour/travel programme.)

1.3

It is only possible to deviate from these Terms and Conditions if parties have explicitly agreed to this in writing.

1.4

The applicability of the Terms and Conditions of the Client is explicitly refuted by Leijnse Stadstours. The general Terms and Conditions applied by Leijnse Stadstours prevail above the Terms and Conditions applied by Client.

1.5

Indien één of meerdere bepalingen in deze algemene voorwaarden op enig moment geheel of gedeeltelijk nietig zijn of vernietigd mochten worden, dan blijven de overige bepalingen volledig van toepassing.


2. QUOTATION

2.1 

No rights can be derived from the offer or quotation in any way if the programme to which the offer or quotation applies has become unavailable in the meantime.

2.2

Unless otherwise agreed to, all Leijnse Stadstours quotes are non-binding.

2.3

Leijnse Stadstours is only bound to the quotes if the acceptance thereof is confirmed by the other party within 30 days in writing..

2.4

Leijnse Stadstours retains the right to revoke or amend a quote.

2.5

A price quotation does not oblige Leijnse Stadstours to perform a part of the quote against the corresponding part of the stated price.

2.6

Offers or quotations do not automatically apply to future orders.

2.7

Leijnse Stadstours cannot be held to its offers or quotations if the Client can reasonably understand that the offers or quotations, or parts of these, contain a manifest mistake or clerical error.

2.8

The prices stated in an offer or quotation are exclusive of VAT 

and other taxes imposed by the authorities, potential costs incurred with respect to the agreement, including fees, permits, travel and accommodation expenses, shipping and administration costs, unless otherwise determined.

2.9

The other party must treat the information contained in the quotation documents confidentially and may not employ it for its own use.

3 REALISATION OF THE AGREEMENT

3.1

Organiser Leijnse Stadstours confirms the registration for and/or confirmation of an activity or programme organised by Leijnse Stadstours by means of a written confirmation/agreement.

3.2

An emailed confirmation from the client through e-mail or the signature of the agreement means that the Client agrees to these Terms and Conditions.

3.3

The order confirmation in any event includes: a description of the order, the expected duration of the activities and applicable remuneration.

4 PERFORMANCE OF THE AGREEMENT

4.1

The organiser, the Contractor, Leijnse Stadstours, will perform the agreement to its best insight and capabilities..

4.2

The Contractor, Leijnse Stadstours, retains the right to suspend the agreement prior to the start thereof until the order confirmation that has been consented to/signed is received. The date upon which the written order is received holds as the date upon which the contract comes into being.

4.3

The Client shall ensure that all the information that the Contractor, Leijnse Stadstours, declares as necessary or that the Client reasonably ought to be aware is necessary for the proper performance of the agreement is provided in good time to Leijnse Stadstours.

4.4

If the information required to perform the agreement is not provided to the Contractor, Leijnse Stadstours, in good time, Leijnse Stadstours has the right to suspend the performance of the agreement and/or to charge the extra costs arising from the delay to the Client and to directly claim the full invoice sum from the Client.

4.5

The Contractor, Leijnse Stadstours, is not liable for any damages resulting from it working with incorrect and/or incomplete information provided by client.

4.6

A Client that enters into the agreement on behalf of or as part of a group, is jointly and severally liable for all obligations on behalf of the group arising from this agreement.

4.7

If the Client enters into the agreement on behalf of a company, this party declares it is authorised to sign the agreement. If it emerges the Client is not authorised to sign, this party is held jointly and severally liable for all obligations arising from this agreement.

4.8

If the Client acts on behalf of or on the orders of third parties, the Client is obliged to make these General Terms and Conditions known to these third parties. If third parties invoke the nullity of the General Terms and Conditions on the grounds of the absence thereof, the Client is held wholly liable for the consequences of not providing the General Terms and Conditions to these third parties.

4.9

If activities are performed by Leijnse Stadstours or third parties deployed by Leijnse Stadstours at the location of the Client or a location determined by the Client, the Client shall provide the facilities that are reasonably desired at no additional cost, unless otherwise indicated.
4.10 The Contractor, Leijnse Stadstours, informs the Client when the planned activities cannot be performed, irrespective of the reason therefor.

5 PRICES

5.1

All agreed-to  prices are exclusive of VAT, unless otherwise agreed to

5.2

The prices are based on the circumstances applying to the Contractor, Leijnse Stadstours, at the time the order is issued, including the exchange rates,

purchase prices, labour costs, costs for (sub)tasks to third parties, shipping rates, import and export fees, taxes and levies that are directly or indirectly charged to the Contractor, Leijnse Stadstours, or that are charged to the Contractor, Leijnse Stadstours, by third parties. If these circumstances alter after the order is concluded, but before the delivery of the order, the Contractor, Leijnse Stadstours, has the right to pass the costs resulting from this on to the client.

6 AMENDMENT OF THE AGREEMENT

6.1

If, during the performance of the agreement, it emerges that it is necessary to amend or supplement the to-be-performed activities for a proper performance, the parties will appropriately amend the agreement in mutual consultation with each other in good time.

6.2

The Contractor, Leijnse Stadstours, can refuse a request to amend the agreement without such resulting  in default, if this could have qualitative and/or quantitative consequences for, for example, the activities or matters to be performed in this framework.

6.5

If a total price or a part of the total costs for organisational expenses has been agreed upon, no price amendments will be undertaken if fewer participants than expected engage in the activities.

6.6

The number of participants can be increased or the agreed-to programme can be amended at the request of the Client where and insofar as such is possible. If this results in higher costs, these will be charged to the Client.

6.7

Amendments introduced by the Client must be in writing and dated. The date upon which amendments are received holds as the amendment date..

6.8

The Contractor, Leijnse Stadstours, can amend the agreement/confirmation on the grounds of important circumstances that are immediately communicated to the other party.

7 CANELLATION
7.1

If the Client wishes to cancel the booked tour service, this can only be done through email or by a signed letter. The cancellation only applies when Leijnse Stadstours has sent a confirmation of receival of the cancellation to the client. Leijnse Stadstours will charge the following costs:
*The cancellation of a confirmed booking of a tour / guide service is free, up to 90 days before the start of the booking in question. The cancellation of a confirmed tour / guide service / programme booking is a 50% (of the total sum of the booking), administration fee, up to 30 days before the commencement of the booking in question.
In the event of cancellation within 30 days of the commencement date, 100% of the total sum of the booking in question is payable by the Client.
In the event of a ‘no-show’ 100% of the total sum of the booking in question is payable by the Client.

7.2

In the event of programmes or activities involving vessels, cars, bus excursions, trams, bicycles, scooters and reserved tickets, acts/artists and hotel and catering establishments, the following applies:  

The Client shall be required to pay, aside from the cancellation fees referred to in 7.1, all costs incurred by Leijnse Stadstours until that time (or costs that it undertook to pay) that pertain to the programme or activity.

*Tickets are frequently non-refundable.

7.3

In the event of a cancellation, no additional reimbursement is payable by the Contractor, Leijnse Stadstours, to the Client, such as compensation for costs incurred outside of those costs for the Leijnse Stadstours programme, costs paid by the Client to third parties or any other damages.

7.4. 

If a booking, service, tour, activity, programme, is cancelled by Leijnse Stadstours, a full refund shall be paid..

8 COMPLAINTS

8.1.Complaints concerning the provided services must be communicated to Leijnse Stadstours by the Client in writing within 5 days..

8.2. Insofar as the nature of the complaint allows such, Leijnse Stadstours will deal with this complaint within 5 days..

8.3. Submitting complaints and/or claims does not exempt the Client from the agreed-to payment obligations.

9 PAYMENTS

9.1Leijnse Stadstours is affiliated with STO Garant.

This means that Leijnse Stadstours complies with the legal guarantee. STO Garant guarantees all booked tours. Your payments are secure.                                                                                  

 After receipt of the signed confirmation, the payment conditions defined in this article (contractually) apply, unless otherwise agreed to in writing agreed to differently in writing.

9.2

To meet the legally required guarantee, Leijnse Stadstours makes use of STO Garant.

STO Garant is a guarantee scheme approved by the Authority for Consumers and Markets (ACM).  

As a client/traveller, you do not pay the booking sum to Leijnse Stadstours but to the escrow account of the ‘Stichting Derdengelden Certo Escrow’, a payment service provider registered with De Nederlandsche Bank (DNB) and the Dutch Authority for the Financial Markets (AFM). Stichting Derdengelden processes all payments for STO Garant.

In the event of a suspension of payments or bankruptcy on the part of Leijnse Stadstours, STO Garant will ensure you receive your money back.

9.3
The payment procedure

  1.  As a client/traveller, you do not pay the sum to Leijnse Stadstours, but you pay it to Derdengelden Certo Escrow.

  2. You receive an invoice with the required information concerning the payment to be made for your booking with Leijnse Stadstours 

  3. You recieve an email inviting you to perform the transaction from [email protected]

9.4

For all bookings, the full sum must be paid in advance (i.e. before the service is provided) to Stichting Derdengelden Certo Escrow.  

9.5

The general Terms and Conditions of Leijnse Stadstours and the travel agency arrangements [where applicable] apply to the booking.

9.6

The general Terms and Conditions of Leijnse Stadstours and the travel agency arrangements [where applicable] apply to the booking.

The cancellation conditions of Leijnse Stadstours apply to bookings that are included in this guarantee scheme from STO Garant

10 LIABILITY AND INDEMNIFICATION 

10.1

Leijnse Stadstours performs the agreed-to order to the best of its knowledge and as carefully as can be expected.

10.2

By entering into the agreement, Leijnse Stadstours undertakes to perform to the best of its abilities and consequently does not give any guarantee regarding the outcome of the order.

10.3  Powers of attorney

Only the Organiser, Leijnse Stadstours, is authorised to - either in person or by means of a written power of attorney to one of its staff - include conditions in an agreement that diverge from these general Terms and Conditions.

10.4

The party acting on behalf of the other party is assumed to be authorised to do so by the other party. When an activity is confirmed with Leijnse Stadstours, it is assumed that the management of the participating company, association or institution and the contact person consent to the general Terms and Conditions, as set out here.

10.5

The party that books the activity on behalf of other participants, is jointly and severally liable for all other parties registered in the process.

10.6

The other party that has signed the confirmation of the agreement (either by telephone or online) declares to have knowledge of the possible level of difficulty, severity and risks of the activities in which all participants will participate.

10.7

The Client declares that all medical and/or conditional details of all participants on behalf of whom this agreement has been concluded have been reported to Leijnse Stadstours. The Client declares that it deems the participants capable of participating in the activities in terms of health and physical condition without endangering themselves or others.

10.8  Liability and damage

The Client indemnifies Leijnse Stadstours from any claims from third parties that suffer damage as a result of the performance of the agreement, the cause of which is attributable to parties other than Leijnse Stadstours. If Leijnse Stadstours is addressed by third parties, the Client is obliged to support Leijnse Stadstours both extrajudicially and judicially and immediately do all that can be expected from hit in that event.

If the Client remains in default with regard to taking adequate measures, Leijnse Stadstours is, without notice of default being required, authorised to engage in such itself. All costs and damages on the part of Leijnse Stadstours and third parties that arise as a result thereof are at the expense and risk of the Client in full.

IIf and insofar as the Client has insured any risk bound to the agreement, it is obliged toclaim possible damages under that insurance policy and to safeguard Leijnse Stadstoursfrom claims by the insurer.

10.09

If Leijnse Stadstours is obliged to pay any compensation on the grounds of any breach, this compensation is limited to the invoice sum that concerns the performed part of the order, less the costs incurred by Leijnse Stadstours for engaging third parties.

10.10  Liability and force majeure

If the activity does not correspond to the reasonable expectations of the client/participant  on the grounds of the agreement, Leijnse Stadstours is obliged to reimburse possible damages, unless the breach of performance cannot be attributed to Leijnse Stadstours, nor to the provider whose help Leijnse Stadstours uses in performing the agreement,

because:

The breach in the performance of the agreement can be attributed to the client/participant; or

The breach in the performance of the agreement could not be anticipated or could not be removed and is attributable to a third party that was not party to the  provisions of the services included in the activities; or

The breach in the performance of the agreement is due to an event that could not have been prevented in compliance with the needed care by Leijnse Stadstours or the one whose help was used in the execution of the agreement; or

The breach in the performance of the agreement is due to force majeure.

10.11  Force majeure

In these general Terms and Conditions, force majeure means, over and above what is understood by law and jurisprudence, all external causes foreseen or unforeseen, on which Leijnse Stadstourds cannot exercise influence, but which render Leijnse Stadstours unable to meet its obligations. Circumstances that may be considered force majeure include: strikes, walkouts, political closures, traffic disturbances, government-enforced measures as well as their consequences, war, terrorist attacks, mobilisation, fire or water damage, floods or other natural disasters, theft, loss of data in the broadest sense, epidemics and other unforeseen circumstances, and the illness or death of a contractor who has proved to be irreplaceable.

10.12

The Client will at all times, including in the event of force majeure, pay the reimbursement due to  Leijnse Stadstours for services already delivered under this agreement.

10.13

In the event of force majeure, the obligations of Leijnse Stadstours are suspended.

10.14

If Leijnse Stadstours has already partly met its obligations at the outset of the force majeure, or can only partly meet its obligations, it is authorised to separately invoice the Client for that part already performed or performable and the Client is  obliged to pay that invoice – without any right to a discount or settlement – as if it were an independent contract.

Theft, loss or damage to equipment.

10.15 Damage to equipment

If any equipment is returned damaged during a tour, programme or activity, if it is stolen or if equipment is lost during an activity, the costs are payable by the user/Client.

10.16

Costs arising from damage and/or destruction caused by participants will,insofar as these cannot be recovered from the perpetrator(s) themselves, be payable by the Client.

10.17

When a participant causes any disturbance so that the relationship between Leijnse Stadstours and the owners of the location and/or the service provider is severely compromised, the participant concerned can be excluded from participation. Any costs arising from this are payable by the participants in question or the Client.

10.18

Participation in all programmes, the whole range of tours and activities organised by the Contractor, Leijnse Stadstours, is wholly at the participant’s own risk.

10.19

The Contractor, Leijnse Stadstours, is under no circumstances liable for indirect damage, including consequential damages, loss of profits, lost savings and damage due to business interruption.

10.20  Theft, loss

The Contractor, Leijnse Stadstours, is under no circumstances liable or responsible for loss of, damage to and theft of personal properties.

11 OBLIGATIONS ON THE PART OF PARTICIPANTS

11.1

If the members to the other party, i.e. the Client, appear at the activities more than 30 minutes after the scheduled time, the agreed-to scheduling for the service, activity or programme is not automatically extended or adhered to. Should the Contractor opt to extend the duration of the programme, additional costs can be charged therefor. All of this comes to the assessment of Contractor

11.2

The participants of the group that have agreed to an activity with the Contractor, Leijnse Stadstours, are obliged to follow the directions of those in charge (whether staff of Leijnse Stadstours or of third parties/providers deployed by Leijnse Stadstours) when these instructions are necessary to guarantee a good and safe progress of the activity.

12. COPYRIGHT, INTELLECTUAL PROPERTY

12.1

Leijnse Stadstours retains the rights and authorisations that rest with it on the basis ofcopyright law. Industrial or intellectual property rights of the programmes,orders, concepts and activities that were conceived or compiled by Leijnse Stadstours belong solely to Leijnse Stadstours without further permission.

12.2  Without prior permission by Leijnse Stadstours, any information published or issued by Leijnse Stadstours may not be used elsewhere.

13 APPLICABLE LAW

13.1

Leijnse Stadstours is authorised to amend these Terms and Conditions. The amendments take effect at the stated time of their implementation. The aforementioned amendments do not impact upon ongoing orders at the time of taking effect, unless the parties agree otherwise.

13.2

Dutch Law applies to the agreement and all agreements arising therefrom, including where the commitment is wholly or partly entered into abroad or if the Client/Party to the legal relationship is domiciled abroad.All disputes that may arise on the basis of the activities, offers or agreements, or further agreements that are a consequence of this, shall be settled by the competent Dutch court.

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