General Terms and Conditions of Hotels and Excursions
1.1 In these General Terms and Conditions, the following terms (both singular and plural) have the following meanings:
- 'General Terms and Conditions', the General Terms and Conditions of Hotels and Excursions;
- 'Event', the public or private event at which an activity of a (group of) consumer(s) takes place, including , for example, an excursion, a museum visit, a concert or a special event;
- 'Location', the place at which the event is held;- 'Organiser', the party responsible for the production and/or organisation of the event;
- 'Agreement', the agreement between Hotels and Excursions and the consumer for the sale and delivery of tickets;- 'Ticket', proof of access to an event;
2.1 The General Terms and Conditions below and the booking and ordering conditions of Hotels and Excursions apply to all offers, orders and agreements of Hotels and Excursions.
2.2 In addition, the General Terms and Conditions of the organiser and the General Terms and Conditions of the party responsible for the locations will also apply to the agreement. In the event of any conflict between the provisions in the agreement or in these General Terms and Conditions and the (as earlier) mentioned terms and conditions, the provisions in the agreement or in these General Terms and Conditions will prevail. Copies of the General Terms and Conditions of the parties responsible for the Locations or of the organiser are available on request from the parties responsible for the locations in question or from the organiser.
2.3 By accepting an offer or making an order, the consumer expressly accepts the applicability of these General Terms and Conditions.
2.4 Deviations from that, stated in these Terms and Conditions, are only possible in writing, in which case the other provisions will remain undiminished in force.
2.5. All rights and entitlements stated for Hotels and Excursions in these General Terms and Conditions and any further agreements will also apply for intermediaries and other third parties deployed by Hotels and Excursions.
3.1 All offers made by Hotels and Excursions are without obligation and Hotels and Excursions expressly reserves the right to change the prices, in particular if this is necessary as a result of statutory or other regulations.
3.2 All prices are indicated in euros, including VAT.
3.3 In certain cases, promotional prices apply. These prices are valid during a specific period as long as stocks last. No entitlement to these prices may be invoked before or after the specific period.
3.4 Hotels and Excursions cannot be held to any price indications that are clearly incorrect, for example as a result of obvious typesetting or printing errors. No rights may be derived from incorrect price information.
3.5 For each ticket, a fixed amount will be charged for service costs, which may vary according to the event. The service costs include transaction costs, consultation costs and shipping costs.
4. Cancellations and returns
4.1 An organiser is entitled to cancel or change the date of an event. Should this happen, Hotels and Excursions will attempt to provide a suitable solution. If an event is cancelled or postponed, Hotels and Excursions will do its utmost to inform you as soon as possible. However, we cannot guarantee that the consumer will be informed before the start of the event and we cannot be held liable for any costs incurred.
4.2 Before confirming your booking, always check carefully that you have booked the correct tickets. Hotels and Excursions is not obliged to take back or exchange tickets once they have been sold. If your ticket is damaged to such an extent that its authenticity can no longer be verified, you may contact Hotels and Excursions. You will then be informed of further action to be taken.
Hotels and Excursions accepts a number of different payment methods. Payments in euros are processed via iDEAL or by credit card. You will not receive confirmation of your definitive booking until your payment has been approved.
6.1 Depending on the method of sending, tickets will be delivered to the address included in Hotels and Excursions ' address database.
6.2 The delivery times specified by Hotels and Excursions are for indication purposes only. Failure to meet any delivery deadline will not entitle you to damage compensation, nor will it entitle you to cancel the order or dissolve the agreement, unless such failure to meet the delivery deadline is so severe that it cannot reasonably be demanded of you to abide by the agreement. In that case, you will be entitled to cancel the order or dissolve the agreement insofar as this is necessary.
7. Retention of title
7.1 The ownership of the tickets delivered will only transfer to you if you have met all your obligations to Hotels and Excursions pursuant to any agreement whatsoever. The risk relating to the tickets will be transferred to you at the time of delivery.
8. Complaints and liability
8.1 You are obliged to check on delivery to ensure that the tickets are in line with the agreement. If this is not the case, you must inform Hotels and Excursions in writing and with reasons as soon as possible and at all events within three (3) days of delivery, providing that it was reasonably possible to ascertain this fact.
8.2 If it has been demonstrated that the tickets are not in line with the agreement, Hotels and Excursions may choose to replace the tickets in question with new tickets in exchange for their return or to refund the amount paid.
9. Electronic communication and evidence
9.1 Hotels and Excursions is not liable for any misunderstandings, distortions, delays or incorrect transmission of data and messages as a result of the use of the internet or any other communication resource in the traffic between the customer and Hotels and Excursions (or the parties deployed by the customer).
9.2 The records of Hotels and Excursions will serve as full evidence of the existence, the content and the implementation of the agreement with the customer in any legal procedure, subject to counter-evidence provided by the party that invokes the fact that the evidence is unreliable.
10. Force majeure
10.1 Without prejudice to the other rights to which it may be entitled, in the event of force majeure, Hotels and Excursions is entitled, at its own choice, to suspend implementation of your order or to dissolve the agreement without legal intervention, by informing you of this in writing and without Hotels and Excursions being held liable to any damage compensation unless in the prevailing circumstances this would be unacceptable in accordance with all reasonableness and fairness.
10.2 Force majeure is deemed to mean any shortcoming which cannot be attributed to Hotels and Excursions because it cannot be blamed on it nor deemed to be its responsibility in accordance with the law, legal action or generally accepted views.
11. Special provisions, liability
11.1. The purchaser of a ticket supplied by Hotels and Excursions must behave as a good and orderly visitor of events and must abide by the instructions issued to him or her by or on behalf of the organiser of the event to be visited as well as by the competent authorities.
11.2 Hotels and Excursions will not be liable for any refusal by the organiser of an event or by the public authorities to admit the purchaser of a ticket supplied by Hotels and Excursions to an event as a result of actions and/or negligence on the part of the purchaser.
11.3 The purchaser of a ticket attends an event at his or her own risk. Hotels and Excursions will not be liable for any damage incurred by the purchaser during the journey to from the event or while attending the event.
11.4 The purchaser of a ticket supplied by Hotels and Excursions must inform him or herself of the instructions issued by or on behalf of the organiser of the event or the competent authorities relating to it, including any changes concerning the event, such as starting time, etc. Hotels and Excursions has no obligation to provide the purchaser of a ticket with further information in this regard.
12. Other provisions
12.1 If one or more of the provisions in these Terms and Conditions or any other agreement with Hotels and Excursions are in conflict with any applicable legal regulation, the provision in question will lapse and be replaced by a new comparable stipulation admissible by law to be determined by Hotels and Excursions.
12.2 The law of the Netherlands applies to all agreements entered into with or concluded by Hotels and Excursions. Any disputes arising directly or indirectly from these agreements will be exclusively settled by the Court of Amsterdam.