General terms and conditions of Blue Boat Company
Stadshouderskade 30, TE 1071 ZD, Amsterdam
(KvK nr. 33164380)
ARTICLE 1. | DEFINITIONS
In these general terms & conditions the following terms are used, in all cases capitalised, with the following meanings.
- Amsterdam Canal Cruises is a sister company of Blue Boat Company. Blue Boat Company: part of B.V. Algemene Amsterdamse Rederij Noord-Zuid, the user of these general terms & conditions within the context of the operation of the Website, having its registered place of business at Stadhouderskade 30, 1071ZD in Amsterdam, and entered in the Trade Register under KvK (Chamber of Commerce) number 33164380.
- Other Party: any natural person or legal entity entering into an Agreement or intending to enter into an Agreement by means of the Website.
- Consumer: an Other Party, natural person, not acting in the exercise of a profession or business.
- Parties: the Other Party and Blue Boat Company jointly.
- Agreement: all Agreements arising directly, by means of the Website, between the Parties whereby Blue Boat Company has undertaken vis-a-vis the Other Party to deliver one or more Tickets, giving entitlement upon presentation thereof to admission to a Service organised by a Third-Party Supplier, or by Blue Boat Company itself.
- Ticket: any e-ticket delivered by e-mail within the context of the Agreement to the Other Party, presentation of which provides admission to the Service.
- Service/Provision of Services: the occasion to which the Ticket gives admission, such as a canal tour, museum visit, tour, attraction or other type of event.
- Third-Party Supplier: any natural person or legal entity, other than Blue Boat Company, for which Blue Boat Company sells Tickets by means of the Website for a Service organised and to be provided by this Third-Party Supplier itself.
- Website: amsterdamcanalcruises.nl.
- In Writing: written communication, communication by e-mail or any other means of communication that can be seen as equivalent to this in relation to the current state of technology and according to generally accepted standards.
ARTICLE 2. | GENERAL CONDITIONS
These general terms & conditions apply to all legitimate offers of Tickets made by means of the Website to the Other Party, and to all Agreements entered into.
- Any general terms & conditions of the Other Party, howsoever called and referred to, do not apply to the Agreement.
- Deviations from that stipulated in these general terms & conditions may only be made explicitly and In Writing.
- Nullity or invalidity of one or more of the stipulations of these general terms & conditions or the Agreement as such, are without prejudice to the validity of the other stipulations. In such cases, Parties are obliged to consult with one another in order to arrive at a replacement arrangement in relation to the stipulation that is invalid or null and void. The aim of the original stipulation will be retained in this as far as possible.
ARTICLE 3. | ABOUT BLUE BOAT COMPANY, OFFER AND CONCLUSION OF THE AGREEMENT
- By means of the Website, the Other Party can obtain Tickets for Services organised and to be provided by Third-Party Suppliers, as well as any Tickets concerning the Services provided by the Blue Boat Company.
- Third-Party Suppliers are independently responsible for their Provision of Services, even if the Blue Boat Company supplies the Tickets. Blue Boat Company is responsible only for the delivery of the Tickets purchased by the Other Party for the Services organised and to be provided by the Third Party Suppliers. Blue Boat Company will never be liable for damages arising for the Other Party as a result of the use of the Services of Third-Party Suppliers. Notwithstanding that stipulated in the rest of these general terms & conditions, Blue Boat Company can never be held responsible or liable for the Provision of Service by Third-Party Suppliers.
- All offers of Tickets on the Website are without obligation and are made subject to availability of the Services offered. Blue Boat Company may revoke the offer until immediately after, or in any event as soon as possible after, acceptance thereof by the Other Party. In such cases, Blue Boat Company will immediately ensure reimbursement of the payment made by the Other Party.
- Notwithstanding that stipulated in the previous paragraph, all Agreements are concluded the moment the Other Party has accepted the offer on the Website and fulfilled all conditions explicitly stated in the offer, including payment of the price payable by the Other Party. Notwithstanding that stipulated in the previous paragraph, Blue Boat Company will then confirm the Other Party’s order by e-mail.
ARTICLE 4. | RIGHT OF DISSOLUTION FOR CONSUMERS
- The law provides the Consumer with the right to dissolve the Agreement without stating grounds up to 14 days after conclusion of the Agreement. However, this right of dissolution for Consumers does not apply in the event that:
1. a date and time is agreed on which the Ticket is valid, and this is not an ‘Open Ticket’ valid for an indefinite period
2. the Ticket is an Open Ticket and is used within the 14-day reconsideration period, provided that:
3. the Provision of Service has started, with the prior explicit agreement of the Consumer; and
4. the Consumer has stated that s/he waives his/her right of dissolution as soon as the Provision of Service is completed
– this concerns an Agreement otherwise exempt from the right of dissolution by virtue of Section 6.5.2B of the Dutch Civil Code or this is otherwise not applicable.
- Fulfilment of the Agreement will take place during any reconsideration period only at the explicit request of the Consumer.
- Consumers exercising the right to dissolve may dissolve the Agreement by submitting a request to this end to Blue Boat Company by e-mail or making use of the model form for dissolution provided by Blue Boat Company. As soon as possible after Blue Boat Company has been informed of the Consumer’s intention to dissolve the Agreement, and provided that the stipulations of this article have been fulfilled, Blue Boat Company will confirm the dissolution by e-mail.
- When exercising the right of dissolution following a request to this end in accordance with the stipulations of Paragraph 2, the Consumer is liable to pay to Blue Boat Company an amount in proportion to that part of the obligation that may have been already carried out by Blue Boat Company and/or the Third-Party Supplier at the moment the right of dissolution was exercised, as compared to implementation of the obligation in full. This proportional amount payable by the Consumer will be calculated on the basis of the total price as explicitly agreed. If this total price is excessive, the proportional amount will be calculated on the basis of the market value of the part of the Agreement carried out.
- Blue Boat Company will refund to the Consumer the payments already received from the Consumer, minus any amount as referred to in the previous paragraph, as soon as possible and in any event no later than within fourteen days of dissolution of the Agreement.
ARTICLE 5. | PAYMENT AND DELIVERY OF TICKETS
- Payment for Tickets must be made by one of the payment methods specified by Blue Boat Company on the Website. The Other Party is obliged upon conclusion of the Agreement to make payment in full in advance. Blue Boat Company is not obliged to deliver Tickets ordered until the Other Party has paid in full the amount payable by it to Blue Boat Company by virtue of the Agreement.
- Tickets ordered and paid for will be delivered to the e-mail address specified by the Other Party. Blue Boat Company will never be liable for damages incurred by the Other Party providing an incorrect e-mail address.
ARTICLE 6. | ADMISSION TO THE SERVICE
- Each Ticket will be provided to the Other Party once only, and gives entitlement to admission to the Service for one person, unless it is explicitly stated otherwise In Writing. The visitor must show the Ticket using his or her smartphone, or printed out, whereby the QR code must be clearly visible. In the event that the QR code cannot be scanned as a result of any circumstance attributable to the Other Party or the visitor – for example a printed Ticket is damaged or not clearly printed – Blue Boat Company and/or the Third-Party Supplier are entitled to refuse admission to the Service without being held liable for any refund of the price paid for the Ticket or any other form of compensation.
- The Ticket entitles the holder thereof to admission to the Service. Only the holder of a valid Ticket who is the first to show the Ticket at the entrance will be granted admission to the Service. Blue Boat Company and/or the Third-Party Supplier may assume that the holder of a valid Ticket is also the rightful owner thereof. The visitor must ensure that s/he is and remains the holder of the Ticket provided by Blue Boat Company.
ARTICLE 7. | CANCELLATION & RELOCATION OF THE SERVICE BY BLUE BOAT COMPANY OR THIRD-PARTY SUPPLIER
- In the event of force majeure or unforeseen exceptional circumstances, Blue Boat Company or the Third-Party Supplier reserve the right at all times to cancel the Agreement, for example in the event of extreme bad weather or, in the case of a canal tour, ice on the water.
- In the event of cancellation as referred to in the previous paragraph, Blue Boat Company or Third-Party Supplier will notify the Other Party of this at the earliest opportunity and the amount paid by the Other Party will be refunded by Blue Coat Company at the earliest opportunity, without the Other Party having any claim to any further compensation.
ARTICLE 8. | FORCE MAJEURE
- Blue Boat Company or the Third-Party Supplier is not obliged to fulfil any obligation ensuing from the Agreement if and for as long as Blue Boat Company or Third-Party Supplier is hindered in its efforts to do so by a circumstance not attributable to it by law, through a juristic act or according to generally accepted standards.
- In the event that the situation of force majeure makes it permanently impossible to fulfil the Agreement, the Parties are entitled to dissolve the Agreement with immediate effect.
- In the event that Blue Boat Company or the Third-Party Supplier has, at the time the situation of force majeure occurs, already carried out the provision of Services in part, or Blue Coat Company or the Third-Party Supplier is able to carry out the Provision of Services only in part, it will be entitled to charge the Other Party separately for the part of the Agreement already carried out or to be carried out, except in as far as this has no independent value in itself.
- Damages incurred as a consequence of force majeure are never subject to compensation, without prejudice to the applicability of the previous paragraph.
ARTICLE 9. | LIABILITY AND INDEMNIFICATION
- In relation to the offer of Tickets for Services from Third-Party Suppliers, Blue Boat Company will only supply the Tickets. Blue Boat Company is not responsible for the Provision of Service by Third-Party Suppliers, nor for the organisation and granting of admission to the Service in question and the manner in which Third-Party Suppliers carry out their Provision of Service. In the event of complaints or shortcomings on the part of Third-Party Suppliers, the Other Party may contact Blue Boat Company, and Blue Boat Company will, if such can reasonably be expected of it, attempt to find a solution in cooperation with the Third-Party Supplier. In the event that, in such a case, Blue Boat Company judges that only the Third-Party Supplier can resolve the complaint or shortcoming, Blue Boat Company will refer the Other Party on to the Third-Party Supplier.
- Blue Boat Company is never liable for damages arising because it has worked on the basis of incorrect or incomplete information provided by the Other Party.
- Blue Boat Company is never liable for indirect damages, including personal injury, losses sustained, loss of profits and losses resulting from business interruption. Blue Boat Company can, notwithstanding that stipulated in the rest of these general terms & conditions and in particular that stipulated in Paragraph 5, only be held liable vis-a-vis the Other Party for direct losses incurred by the Other Party as a result of a shortcoming in the implementation of the Agreement attributable to Blue Boat Company. An attributable shortcoming is defined as a shortcoming that a good professional acting with due care and attention can and should avoid, all of which with the observance of a normal degree of attentiveness and the professional knowledge and resources required for the implementation of the Agreement.
- In the event that Blue Boat Company is liable vis-a-vis the Other Party for any damages, Blue Boat Company is at all times entitled to remediate these damages. The Other Party must give Blue Boat Company the opportunity to do so, failing which all liability on the part of Blue Boat Company in the matter will lapse.
- Blue Boat Company’s liability will at all times be limited to no more than the billable value of the Agreement, or in any event to that part of the Agreement concerned by Blue Boat Company’s liability.
- The right to lodge a claim or defence in relation to the argument that the Services do not correspond to the Agreement lapses in the event that the alleged shortcoming is not reported to Blue Boat Company within 14 days of the termination of the Services, In Writing and stating grounds.
- The Third-Party Supplier concerned may also make an appeal vis-a-vis the Other Party by virtue of that stipulated in Paragraphs 2 through 6.
- The Other Party indemnifies Blue Boat Company from any claims from third parties incurring damages in relation to the implementation of the Agreement, the cause of which is attributable to parties other than Blue Boat Company.
ARTICLE 10. | INTELLECTUAL PROPERTY
All copyright and other intellectual property rights to the Website, including the design and operation thereof, as well as the images and texts placed thereon, are the property of Blue Boat Company. The Other Party is not permitted to copy this material, nor to reproduce this nor use this in any manner whatsoever other than that which is essential in relation to the normal use of the Website.
ARTICLE 11. | COMPLAINTS
- In relation to complaints concerning the Provision of Service by Third-Party Suppliers or Blue Coat Company, the Other Party can contact Blue Boat Company by e-mail.
- Complaints concerning the Provision of Service will be processed as quickly as possible following their receipt. In the event that no concrete response can be given within 14 days of receipt of the complaint, the Other Party will receive a confirmation of receipt within this term, accompanied by a statement of the term within which the Other Party will receive a concrete response.
- In the event that a complaint from a Consumer cannot be resolved in consultation, the Consumer may submit the dispute to the disputes body of the ODR platform (europa.eu/consumers/odr/).
ARTICLE 12. | FINAL STIPULATIONS
- The law of the Netherlands is exclusively applicable to all Agreements and all legal relationships between the Parties ensuing therefrom.
- In the event of a legal dispute arising between the Parties, the Parties will not submit this to the competent court before having made every effort to resolve the dispute amicably.
- Unless in the circumstances in question the law deviates imperatively from this, only the court in Amsterdam will be competent to hear any legal disputes between the Parties.
- In the event that these general terms & conditions are available in several languages, the Dutch-language version will in all cases prevail in terms of interpretation of the stipulations contained therein.