General Terms and conditions of Zwarte Zwaan Events
Article 1: Definitions In these General Terms and Conditions the following meanings:
1. Zwarte Zwaan Events: the organisation who will organize arrangements for groups and persons.
2. Client: A natural or legal person who enters a contract with Zwarte Zwaan Events.
3. Order: every order given by a Passenger/ Client to arrange an arrangement.
4: Employees: members of staff in the employment of Zwarte Zwaan Events, including members who are no in the employment of Zwarte Zwaan Events but in the arrangement itself.
5. Hand Luggage: items that a Passenger carriers with him and that are considered to be easy to carry and small in size as well as objects witch the Carrier allows as hand Luggage.
6. Guide: Person who is nearby the arrangements.
7. Passenger: the person that enter the activity.
Article 2: In general.
1: These terms and conditions will count on every agreement that Zwarte Zwaan Events will have with a Client/Passenger. The General Terms and conditions of the attractions itself will Always count next to the General Terms and Conditions of Zwarte Zwaan Events.
2: Areas of application of these General Terms and Conditions These General Terms and Conditions apply to all Contracts of carriage into which the Carrier enters with a Passenger/Client.
Article 3: Contract of carriage formation
A Contract of carriage is formed as soon as a Passenger/Client has purchased a ticket from, or has agreed on an arrangement for a group of persons with, the Carrier. By purchasing a ticket or agreeing on an arrangement, a Passenger becomes a party to a Contract of carriage.
Article 4: Contract of carriage termination
1. The Carrier is entitled to immediately terminate the continuation of the tour, thus effectively terminating the Contract of carriage,
2. In a situation such as meant by paragraph 1, the Carrier will not be liable to pay the Passenger in question compensation of any kind.
3. In the event of premature termination, a Passenger will be obliged to compensate the Carrier for the price paid for a ticket or as the case may be arrangement.
4. A Passenger/Client can arrange for arrangement he has agreed on with the Carrier to be cancelled without charge if the cancellation is effected by no later than 30 days prior to the arrangement commencing. If the cancellation takes place at any moment between 15 and 30 days prior to the arrangement commencing, the Passenger/Client will be obliged to pay the Carrier compensation to an amount that is equal to 10% of the agreed price. Such compensation will amount to 25% if the cancellation takes place between 8 and 10 days, 50% if the cancellation takes place between 4 and 8 days prior to the arrangement commencing, and 100% if the cancellation takes place by at most 4 days prior to the arrangement commencing.
5. If the Carrier fails to appear for an arrangement without giving prior notice of impediment in such manner as agreed upon, a Passenger will be entitled to a full reimbursement of the amount paid to the Carrier for the arrangement. Any other damages incurred by a Passenger in that case will at any rate not be compensated by the Carrier.
Article 5: Passenger obligations
1. A Passenger is obliged to follow any reasonable directions and instructions issued by the Carrier, such as occupying seats that have been designated by the Carrier and remaining seated for the duration of the arrangement. Any legally imposed penalty arising from a Passenger failing to comply with these obligations can be recovered from that Passenger.
Article 6: Payment
1. Payment by a Passenger/Client to the Carrier must be made in cash by means of a tender that is generally accepted in the Netherlands, including all generally acknowledged forms of electronic payment, unless otherwise agreed on.
2. The Carrier is entitled to ask a Passenger/Client to ensure that cash payments are made in exact money. The Carrier is not obliged to accept payment in any quantity of coins if counting those coins results in a disproportionate delay.
3. The Carrier will send a Passenger/Client an invoice if a payment other than in cash has been agreed on. Payment by a Passenger/Client must be made within 14 days of the invoice date without discounts, suspension or settlements of any kind. If a Passenger fails to observe this term, he will be considered to be in default and, in accordance with legal regulations, may be charged with certain costs.
4. The Carrier is at all times entitled to set off the claims it has against a Passenger/Client with the debts it owes that Passenger/Client.
5. Execution on the basis of a Contract of carriage is effected on the basis of rates that have been established by the Carrier and of which the Passenger/Client has been informed in advance.
Article 7: Carrier obligations and authority
1. The Carrier is obliged to transport a Passenger as well as the luggage he carries with him in a prudent and secure manner.
2. The Carrier is obliged to transport a Passenger in the Splashbus along the route which he has published in advance, unless that route cannot be taken due to circumstances of Force Majeure.
3. The Carrier is obliged to assist a Passenger in embarking and disembarking, unless such assistance is made impossible due to traffic or technical reasons.
4. The Carrier is obliged upon request to provide a Passenger with a receipt stating at least the agreed price for an arrangement, the name of the Carrier, the date and (approximate) time of the activities
5. The Carrier has the authority to deny a Passenger who does not adhere to these General Terms and Conditions access to, or remove him or have him removed from, the activity if the Carrier cannot be reasonably expected to transport that Passenger. Article 4 is equally applicable.
6. The Carrier is obliged to handle personal details related to tour bookings or obtained in whatever manner with prudence and in compliance with the Personal Data Registration Act.
7. The Carrier is authorized to fully or partially cancel or terminate transport if forced to do so under compelling circumstances. Compelling circumstances include: bad weather and transport vehicle failure.
The Carrier will inform a Passenger as soon as possible about the cancellation of an agreed arrangement and if possible the reasons of cancellation, the measures it proposes to take and the possible duration and date as well as time at which the arrangement will take place.
Article 8: Hand Luggage
1. A Passenger is entitled to carry with him a limited amount of Hand Luggage. All Hand Luggage must be properly packed. All the Hand Luggage that a Passenger is allowed to carry with him must be related to activity. A Passenger is prohibited to take food or drinks with him. The consumption of any such food or drinks is prohibited during the activities.
2. The Carrier has the right to refuse Hand Luggage that is or might be considered a nuisance, dangerous or prohibited by its nature or might cause damage or pollution. Such a situation will in any case occur if: The Hand Luggage consists of:
a. fire arms, striking and/or stabbing instruments;
b. explosive substances;
c. compressed gasses contained within reservoirs;
d. self-igniting or highly flammable substances ;
e. badly or disturbingly smelling substances;
Article 9: Transport of animals
It is prohibited for a Passenger to take animals with him on the arrangement.
Article 10: Lost property Concerning lost property, the following rules are applicable in compliance with the appropriate general statutory obligations to notify and report lost property as well as to place and take lost property in custody.
a. A Passenger is obliged to notify the Carrier as soon as possible about any item or amount of money found by him. The carrier is authorized to take any such found item or amount of money in custody against submission of a receipt. Should the finder decide to retain possession of the lost item or amount of money, he will be obliged to do all that can be reasonably requested from him to find the owner or loser of the property in question.
b. The Carrier is entitled to sell non-valuable property that has been found and handed over to him by a member of staff or any other person after 3 months or at an earlier stage if the object in question cannot be held in custody.
c. The Carrier is obliged to hand over any lost property, the revenues of any sold object referred to in the previous paragraph or the amount of money found to the entitled party if that party comes forward within 3 years of the loss being reported. If an entitled party claims the revenue of sold lost property, the Carrier is entitled to set off the custody and administration fees it has incurred against those revenue.
d. The Carrier is entitled to charge administration expenses for handling a request concerning lost property.
Article 11: Force Majeure
1. If the Carrier is unable to fulfil his obligations towards a Passenger/Client due to nonattributable breach of contract (circumstances of Force Majeure), compliance with those obligations will be
suspended for the duration of those circumstances. The Carrier cannot be held liable for a breach of contract on his part if that breach cannot be attributed to him, nor if he cannot be held accountable for that breach by law, legal act or according to generally accepted standards.
2. In circumstances of Force Majeure, a Passenger/Client has no right whatsoever to compensation. If a breach of contract cannot be attributed to the Carrier, but the Carrier does however profit from that breach in a way he would not have in the event of proper compliance, the Passenger, in applying the regulations concerning unjustified enrichment, at most retains the right to compensation for his loss to the amount of that profit.
Article 12: Carrier liability
1. The Carrier has taken out a liability insurance for damages caused by the death or injury of a Passenger due to an accident that is related to, and occurs during, a activity on which the Passenger in question has embarked. The Carrier cannot be held liable if an accident has been caused by circumstances which a prudent Carrier could not have avoided and of which the Carrier was not able to prevent the consequences. The maximum compensation payable by the Carrier to a single Passenger amounts to € 137,000.– on the basis of the insurance taken out.
2. The Carrier can be held liable for damages caused by the full or partial loss of, or as the case may be damage to, Hand Luggage, to the extent that the loss or damage in question originated from and was caused during Transport by:
a. an accident in which the Passenger was involved and for which the Carrier is accountable or;
b. circumstances which a prudent Carrier could not have avoided and of which the Carrier was not able to prevent the consequences. Any possible compensation payable by the Carrier in the event of the loss of, or as the case may be damage to, Hand Luggage is limited to € 40,000.- per occurrence.
3. If an arrangement is cancelled or prematurely terminated by the Carrier, the amount for which the Carrier can be held liable equals the price agreed on with the Passenger for an activity.
Article 13: Passenger liability
A Passenger in principle is obliged to compensate the Carrier for damages caused by himself or his Hand Luggage, except to the extent that those damages were caused under circumstances which a prudent Passenger could not have avoided and of which the Passenger in question was not able to prevent the consequences. A Passenger cannot appeal to the properties or a defect of his Hand Luggage.
Article 14: Complaints and disputes
1. Complaints about the formation and execution of a Contract of carriage must be comprehensibly described in detail and submitted to the Carrier within 6 weeks of a Passenger/Client having identified or having been able to identify a shortcoming. Failing to submit a complaint on time may result in a Passenger/Client losing his rights in the matter.
2. Any dispute will be resolved exclusively by the competent court in Rotterdam or by the disputes committee referred to above.
3. The Carrier, also for the purpose of preventing disputes, will undertake to deal with a complaint from a Passenger seriously and, within reason, to the satisfaction of the Passenger in question.
4. In the event that a Passenger holds the Carrier liable for damages, the Passenger in question will be obliged to report those damages to the Carrier without further delay in writing. The nature and extent of the damages must in that case be given approximately.
Article 15: Other provisions
1. Invalidity of any of the provisions or paragraphs of these General Terms and Conditions does not affect the validity of the remaining provisions. In these circumstances, the provisions or paragraphs in question will be replaced by a valid provision that can be implemented and that is as similar as possible in content and purport to the original provisions or paragraphs.
2. All Contracts of carriage to which these General Terms and Conditions have been declared applicable are subject to Dutch law.
3. These General Terms and Conditions are open to the public.
4. The Carrier is obliged to publicise the manner in which a Passenger/Client at his own request can obtain these General Terms and Conditions.
5. If so requested, these conditions can also be obtained free of charge at the offices of the Carrier or viewed on the Internet at www.zwartezwaanevents.nl.