Terms and conditions
Group bookings / private cruises
ARTICLE 1. DEFINITIONS
In these general terms and conditions, the following terms are used in the following meaning, unless expressly stated otherwise. Spaander Marina is a trade name of Tourist & Company, for which the same general terms and conditions apply.
ARTICLE 2. GENERAL
1. These terms and conditions apply to every offer, quotation, and agreement between Spaander Marina and a client to which Spaander Marina has declared these terms and conditions applicable, unless expressly deviated from in writing by the parties.
2. Any deviations from these general terms and conditions are only valid if expressly agreed upon in writing.
3. The applicability of any purchasing or other terms and conditions of the client is expressly rejected.
4. If one or more provisions in these general terms and conditions are null and void or are declared void, the remaining provisions of these general terms and conditions shall remain in full force. In such a case, Spaander Marina and the client shall enter into consultations to agree on new provisions to replace the null and void or voided provisions, while taking into account the purpose and intent of the original provisions as much as possible.
ARTICLE 3. OFFERS AND QUOTATIONS
1. All offers are without obligation, unless a period for acceptance is specified in the offer.
2. The quotations made by Spaander Marina are without obligation; they are valid for 14 days, unless otherwise indicated. Spaander Marina is only bound by the quotations if their acceptance is confirmed in writing by the counterparty within 14 days, unless otherwise indicated.
3. Offers or quotations do not automatically apply to future orders.
ARTICLE 4. EXECUTION OF THE AGREEMENT
1. Weather conditions (heavy storm and/or ice and/or high water) that obstruct or make the cruise impossible apply as a dissolving condition for all cruises. Whether such weather conditions exist will be initially assessed by the captain or skipper in function.
2. Spaander Marina is authorized to remove passengers who misbehave or are visibly intoxicated from the boat.
3. The client cannot claim a specific type of boat or a specific boat for the execution of a program.
4. The client must strictly and immediately comply with all instructions from Spaander Marina or its staff. Access to boats, the jetty, and the ticket house can be denied without reason if deemed necessary by Spaander Marina, for example, due to capacity, safety, public order, the imminent occurrence of damage, or nuisance.
ARTICLE 5. DELAY
1. If the client is not present at the agreed time, additional costs incurred by Spaander Marina will be charged to the client.
2. If the departure time is exceeded, the first quarter is at the expense of Spaander Marina. For each subsequent quarter or part thereof, the client will pay additional sailing time and additional costs for serving, guiding, and other crew members.
3. Significant delays caused by the client may result in the cancellation of (parts of) the program, with no entitlement to a refund for the client.
ARTICLE 6. PAYMENT
1. The client pays 75% of the total price upon signing the agreement, with a minimum of € 100,-. The remaining cruise price will be paid in advance of the cruise, either in cash or by bank transfer or electronic payment at the ticket office of Spaander Marina.
2. If the down payment is not made on time, Spaander Marina has the right to terminate the agreement without judicial intervention and notice of default, without the client being entitled to any compensation. This is subject to all rights of Spaander Marina.
3. Any collection costs incurred will be fully borne by the client.
ARTICLE 7. CATERING
1. On-board catering is provided exclusively by Spaander Marina, unless explicitly agreed otherwise between Spaander Marina and the client.
2. The client is obligated to pay catering costs, to the extent that they are not included in the quotation, within 14 days after the invoice date to Spaander Marina.
3. If the client fails to meet the payment obligation within 14 days, the client will be in default without notice and the amount owed to Spaander Marina will be increased with legal interest and extrajudicial collection costs. These extrajudicial collection costs amount to 15% of the invoice amount, with a minimum of € 75,-.
ARTICLE 8. CANCELLATION BY THE CLIENT
1. In the event of cancellation after the final confirmation, the client is always obliged to pay € 25,- administration costs.
2. In case of cancellation 6 weeks before the cruise date, the client is obliged to pay 10% of the total price.
3. In case of cancellation 6 to 2 weeks before the cruise date, the client is obliged to pay 25% of the total price.
4. In case of cancellation 2 to 1 week before the cruise date, the client is obliged to pay 50% of the total price.
5. In case of cancellation 7 to 2 days before the cruise date, the client is obliged to pay 75% of the total price.
6. In case of cancellation within 48 hours before the cruise date, the client is obliged to pay 100% of the total price.
7. Cancellation can only be done in writing.
ARTICLE 9. PARTIAL CANCELLATION
1. Reduction of the number of passengers or other changes to the contents of the cruising agreement must be made in writing.
2. A reduction of the number of passengers with a maximum margin of 10% of the original number of passengers can be made free of charge up to 48 hours before the cruise. After this period, the last known group size applies.
3. In case of a reduction of the number of participants greater than 10%, the cancellation provisions of article 8 of these terms and conditions apply.
4. For extra passengers not registered 48 hours prior to the cruise, a reasonable price will be charged. The captain in function decides on the possible admission of additional passengers if the number of passengers exceeds the number indicated on the quotation.
ARTICLE 10. LIABILITY OF SPAANDER MARINA
1. Spaander Marina is never liable for damage to and/or loss of the client's property. The client brings all his or her belongings on board at his or her own risk.
2. Spaander Marina is never liable for damage caused by the death or injury of the client, except in cases of intent or gross negligence of Spaander Marina.
3. Spaander Marina is never liable for damage to persons or property of the client that occurs when boarding the departure pier or the cruise boat. The client boards the departure pier and cruise boat at his or her own risk.
4. Spaander Marina is never liable for damage caused by delays at departure or during the cruise.
5. Spaander Marina is never liable for indirect or consequential damages.
6. Insofar as Spaander Marina is liable for any damages, this liability is limited to the maximum amount covered by its insurance.
7. Insofar as Spaander Marina is liable for any damages not covered by its insurance, this liability is limited to the amount of the invoice.
ARTICLE 11. CLIENT'S LIABILITY
1. The client is liable for damage caused by the client to Spaander Marina's property or third parties' property.
2. The client is liable for damage caused by the client or the client
3. All activities organized by Spaander Marina take place entirely at the client's own risk.
4. The client indemnifies Spaander Marina against any third-party damage claims.
ARTICLE 12. COMPLAINTS
1. Any complaints must be submitted in writing to Spaander Marina no later than 2 days after the canal cruise.
2. Complaints made verbally or submitted later than two days after the canal cruise will not be processed.
3. Notwithstanding the provisions of the preceding paragraphs, any complaints regarding the catering must be reported directly to the serving staff on the evening of the cruise.
ARTICLE 13. APPLICABLE LAW AND JURISDICTION
1. These terms and conditions and all agreements concluded under these terms and conditions shall be governed exclusively by Dutch law.
2. Any disputes arising from these terms and conditions and agreements concluded under these terms and conditions shall be exclusively submitted to the competent court in the Amsterdam district.
ARTICLE 14. SAFETY
1. The client must always follow the instructions of the skipper.
2. In case instructions are not followed, Spaander Marina has the right to terminate the cruise. The client will not be entitled to a refund.
E-ticket / Online Sales
ARTICLE 1. DEFINITIONS
In these general terms and conditions, the following terms, written with an initial capital letter, are used in the following meaning:
1. Spaander Marina: part of Tourist & Company B.V., the user of these general terms and conditions in the context of the operation of the Website, located at Jan-Pieter Heijestraat 115-4, 1054MD in Amsterdam, registered with the Chamber of Commerce under registration number 76824500.
2. Counterparty: any natural or legal person who concludes or intends to conclude an Agreement through the Website.
3. Consumer: a Counterparty, a natural person, not acting in the course of a profession or business.
4. Parties: the Counterparty and Spaander Marina collectively.
5. Agreement: any agreement directly concluded between the Parties through the Website, by which Spaander Marina has committed itself to the provision of one or more Tickets, which, upon presentation, grant access to a Canal Cruise organized by Spaander Marina.
6. Ticket: any e-ticket delivered to the Counterparty by e-mail in the context of the Agreement, which grants access to the Canal Cruise.
7. Canal Cruise: the canal cruise to which the Ticket relates and to which the Ticket grants access.
8. Website: spaandermarina.nl
9. Written: communication in writing, communication by e-mail, or any other means of communication that can be equated with this in view of the state of the art and the prevailing opinions in society.
ARTICLE 2. GENERAL PROVISIONS
1. These general terms and conditions apply to each authorized offer of Tickets to the Counterparty through the Website and each concluded Agreement.
2. The general terms and conditions of the Counterparty, referred to by any name whatsoever, do not apply to the Agreement.
3. Deviation from these general terms and conditions is only possible if expressly agreed upon and in writing.
4. The destruction or nullity of one or more of the provisions in these general terms and conditions or the Agreement as such does not affect the validity of the other clauses. In such a case, the Parties are obliged to consult with each other in order to make alternative arrangements with regard to the affected provision. As much as possible, the purpose and scope of the original provision shall be taken into account.
ARTICLE 3. OFFER AND CONCLUSION OF THE AGREEMENT
1. Any offer of Tickets on the Website is without obligation and is subject to sufficient availability of the offered Canal Cruises. Spaander Marina may still revoke its offer as soon as possible after its acceptance by the Counterparty. In such a case of revocation, Spaander Marina will immediately refund the payment made by the Counterparty.
2. The Agreement is concluded at the moment the Counterparty has accepted the offer on the Website and has complied with all conditions expressly stated in the offer, including payment of the price due by the Counterparty. Notwithstanding the provisions of the previous paragraph, Spaander Marina will then confirm the Counterparty's order by e-mail.
ARTICLE 4. RIGHT OF DISSOLUTION FOR CONSUMERS
1. The law grants the Consumer the right to dissolve the Agreement without stating reasons within 14 days after the conclusion of the Agreement. However, the Consumer is not entitled to the right of dissolution in the event:
a. a date and time have been agreed upon on which the Ticket is valid and there is no so-called open Ticket that is valid indefinitely;
b. there is an open Ticket that is redeemed within the 14-day cooling-off period, provided that:
- the performance of the Agreement by Spaander Marina has started with the explicit prior consent of the Consumer; and
- the Consumer has declared to waive his right of dissolution as soon as Spaander Marina has fulfilled the Agreement. The Agreement is deemed to be fulfilled at the moment the Ticket is redeemed and the boat departs.
2. If the Consumer exercises the right of dissolution, he can dissolve the Agreement by submitting a request to Spaander Marina by e-mail or by using the model form for withdrawal offered by Spaander Marina. As soon as Spaander Marina is informed of the Consumer's intention to dissolve the Agreement and if the conditions of this article are met, Spaander Marina will confirm the dissolution by e-mail.
3. In the event of a valid appeal to the right of dissolution, Spaander Marina will refund the payment already received from the Consumer as soon as possible, but no later than within fourteen days after the dissolution of the Agreement.
ARTICLE 5. PAYMENTS AND DELIVERY OF TICKETS
1. Payment for Tickets must be made using one of the payment methods indicated by Spaander Marina on the Website. At the conclusion of the Agreement, the Counterparty is obliged to make full advance payment. Spaander Marina is not obliged to deliver ordered Tickets until the Counterparty has fully paid the amount due to Spaander Marina under the Agreement.
2. Ordered and paid Tickets will be delivered to the e-mail address provided by the Counterparty. Spaander Marina is never liable for damages arising from the Counterparty providing an incorrect e-mail address.
ARTICLE 6. ACCESS TO THE CANAL CRUISE
1. Each Ticket is provided to the Counterparty once and entitles one person to access the Canal Cruise, unless expressly stated otherwise in writing. The participant in the Canal Cruise must present the Ticket using their smartphone or as a printed copy, with the QR code clearly visible. If the QR code cannot be scanned due to circumstances attributable to the Counterparty or participant, for example because the printed Ticket is damaged or unclear, Spaander Marina is entitled to refuse access to the Canal Cruise without being obliged to refund the price paid for the Ticket or any other compensation.
2. The Ticket grants the holder access to the Canal Cruise. Only the holder of a valid Ticket who presents the Ticket first at the entrance is granted access to the Canal Cruise. Spaander Marina may assume that the holder of a valid Ticket is also the rightful owner of the Ticket. The participant of the Canal Cruise must ensure that he becomes and remains the holder of the Ticket provided by Spaander Marina.
ARTICLE 7. CANCELLATION & RESCHEDULING OF THE CANAL CRUISE BY SPAANDER MARINA
1. Spaander Marina reserves the right to cancel the Agreement at any time due to force majeure or unforeseen exceptional circumstances, for example, extreme weather conditions or ice on the water.
2. In the event of cancellation as referred to in the preceding clause, Spaander Marina shall notify the 'Wederpartij' as soon as possible and will refund the amount paid by the 'Wederpartij' as soon as possible, without the Wederpartij having any claim for further compensation.
ARTICLE 8. | FORCE MAJEURE
1. Spaander Marina shall not be obliged to fulfill any obligation under the Agreement if and for as long as Spaander Marina is hindered by circumstances that, pursuant to the law, a legal act, or prevailing social views, cannot be attributed to Spaander Marina.
2. In the event that the force majeure situation permanently renders the performance of the Agreement impossible, the Parties are entitled to terminate the Agreement with immediate effect.
3. In the event that Spaander Marina has already partially fulfilled its obligations at the time the force majeure situation occurs, or can only partially fulfill its obligations, Spaander Marina is entitled to separately charge the Wederpartij for the part that has already been performed or can still be performed, provided that it has no independent value.
4. Damages resulting from force majeure, notwithstanding the application of the previous clause, are never eligible for compensation.
ARTICLE 9. | LIABILITY AND INDEMNIFICATION
1. Spaander Marina is never liable for damages arising from reliance on incorrect or incomplete information provided by the Wederpartij.
2. Spaander Marina is never liable for indirect damages, including but not limited to personal injury, loss of profit, and business interruption. Notwithstanding the other provisions of these general terms and conditions, and in particular clause 4, Spaander Marina's liability towards the Wederpartij shall be limited to direct damages resulting from an attributable failure in the performance of the Agreement. An attributable failure shall mean a failure that can and should be avoided by a careful professional, taking into account normal diligence and the professional knowledge and resources required for the execution of the Agreement.
3. If Spaander Marina is liable to the Wederpartij for any damages, Spaander Marina is at all times entitled to remedy such damages. The Wederpartij shall provide Spaander Marina with the opportunity to do so, failing which Spaander Marina's liability for such damages shall lapse.
4. Spaander Marina's liability shall at all times be limited to the invoice value of the Agreement, or to the part of the Agreement to which Spaander Marina's liability pertains.
5. The Wederpartij shall indemnify Spaander Marina against any claims from third parties that incur damages in connection with the execution of the Agreement and where the cause of such damages is attributable to parties other than Spaander Marina.
6. The right to institute legal proceedings or present defenses regarding the assertion that the Rondvaart offered by Spaander Marina does not comply with the Agreement shall expire if notice of the alleged failure is not given to Spaander Marina in writing and with reasons within 14 days after the Rondvaart has ended.
ARTICLE 10. | INTELLECTUAL PROPERTY
All copyrights and other intellectual property rights on the Website, including but not limited to its design and functionality, as well as the images and texts posted thereon, belong to Spaander Marina. The Wederpartij is prohibited from reproducing, replicating, or using this material in any other way than necessary in connection with the normal use of the Website.
ARTICLE 11. | COMPLAINTS
1. For complaints about Spaander Marina, the Wederpartij can contact Spaander Marina via email.
2. Complaints about Spaander Marina will be handled as soon as possible after receipt. If it is not possible to provide a substantive response within 14 days of receiving the complaint, the Wederpartij will receive a confirmation of receipt within that period, along with an indication of when the Wederpartij will receive a substantive response.
3. If a complaint about Spaander Marina cannot be resolved through mutual consultation, the Consumer can submit the dispute to the disputes committee via the ODR platform (europa.eu/consumers/odr/).
ARTICLE 12. | FINAL PROVISIONS
1. Dutch law exclusively applies to each Agreement and all legal relationships arising therefrom between the Parties.
2. In the event that a legal dispute arises between the Parties, the Parties will not resort to the courts until they have made optimal efforts to settle the dispute through mutual consultation.
3. Unless the law provides otherwise under the given circumstances, only the competent court in Amsterdam is designated to take cognizance of any legal disputes between the Parties.
4. If these general terms and conditions are available in multiple languages, the Dutch version shall always prevail for the interpretation of the provisions contained therein.
ARTICLE 13. | CONTACT