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, Amsterdam Excursions and Gray Line are the trade names of Canal Company B.V.
b) The Client: the person who, directly or via a third party, enters into an agreement with Stromma.com.
c) The Official Organiser: Canal Company 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
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 The agreement
3.1 An agreement between SN and the Client can be concluded both orally and in writing, and this includes conclusion via electronic means.
3.2 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.
3.3 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.
3.4 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.
3.5 Subject to the provisions under 3.3, 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 4 The booking
4.1 SN accepts bookings in advance online or by telephone up to one hour before departure, subject to availability. Unspecified tickets paid in advance with flexible departure times are valid, subject to availability. The booking is valid for SN and the Client if SN has confirmed the booking and the client has paid the agreed invoice amount within the stipulated period.
4.2 Bookings made online and by telephone are confirmed by email to the email address provided. SN is not liable if the email address provided by the Client is incorrect or if the booking did not come through due to other technical reasons.
4.3 SN will provide the Client with e-tickets after the online booking has been completed.
Client must show or hand over these tickets at the time he/she wishes to make use of the service booked.
4.4 The statutory approval period referred to in book 6, section 230o of the Dutch Civil Code does not apply to the online purchase of tickets.
4.5 SN is not liable for any errors made by the Client during the booking process.
4.6 The tickets booked may not be used for commercial purposes without the permission of SN.
Article 5 Payment
5.1 The service must be paid for immediately after it has been booked.
5.2 In exceptional cases, a booking may be made without immediate payment.
5.3 Payment must be made before the due date stated in the agreement, but in any event before the date of performance of the agreement.
5.4 The booking will be cancelled if SN has not received the payment at the agreed time, as referred to under 5.3. If the client does not pay in time, this is considered a cancellation to which the cancellation conditions, as referred to in articles 7 and 8 of these general terms and conditions, apply.
5.5 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.
5.6 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 in good time.
Article 6 Discounts
6.1 Five children aged 0-3 years travel free of charge per paying adult.
6.2 There is a reduced price for children aged 4-12 years for certain services.
6.3 SN at all times reserves the right to change the discounts if required prior to the conclusion of the agreement. SN is not bound by discounts promised by third parties of which SN has no and should not have had any knowledge.
Article 7 Cancellation conditions 1-9 persons
7.1 The Client may cancel the booking in writing at the Official Organiser. If the Client made the booking through a company other than SN, the Client may cancel the booking at the place where the booking was made.
7.2 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.
7.3 If the booking is cancelled at least 24 hours before departure, 100% of the invoice amount will be reimbursed to the Client.
7.4 If the booking is cancelled less than 24 hours before departure, the Client will not receive any refund.
Article 8 Cancellation conditions for 10 persons or more
8.1 The Client may cancel the booking in writing at the Official Organiser. If the Client made the booking through a company other than SN, the Client may cancel the booking at the place where the booking was made.
8.2 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.
8.3 If the booking is cancelled at least 7 days before departure, 100% of the invoice amount will be reimbursed to the Client.
8.4 If the booking is cancelled 3-6 days before departure, 50% of the invoice amount will be reimbursed to the Client.
8.5 If the booking is cancelled less than 3 days before departure, the Client will not receive any refund.
Article 9 Changes by SN and the Client's rights
9.1 SN is entitled to change the provisions laid down in these general terms and conditions where the specific circumstances so dictate. 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.
9.2 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.
9.3 If required, SN reserves the right to change the price of the services.
9.4 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 10 Liability
10.1 SN is not liable for:
a) theft or loss of or damage to the belongings of the Client. Bringing along belongings is entirely at the Client's own risk;
b) damage and/or loss caused by the death or injury of the Client, 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, 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.
10.2 All services organised by SN are entirely at the Client's own risk.
10.3 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 own risk.
10.4 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.
10.5 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.
Article 11 Rules of conduct and obligations of the Client
11.1 The Client must be 18 years or older to conclude a valid agreement with SN. For certain services there may be a minimum age requirement. The Client may then be requested to show that he/she has reached this minimum age.
11.2 The Clients must behave properly both during and outside the service to be performed if the Clients are at locations or properties used by SN.
11.3 The Client must follow all the instructions given by SN or its employees correctly and without delay.
11.4 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.
11.5 No animals or pets are allowed at or inside of the property used by SN.
11.6 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.
11.7 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.
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) A deposit must be paid when renting a pedal boat;
b) Payment of the deposit in no way releases the Client from responsibility and liability for damage to the property of SN and/or third parties;
c) A maximum of four persons is allowed on a pedal boat;
d) Children under the age of 10 may only use the pedal boat under the supervision of adults;
e) The Client warrants that the persons on board the pedal boat are able to swim;
f) The number of tickets purchased must correspond with the number of persons using the pedal boat.
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.