GENERAL TERMS AND CONDITIONS
ARTICLE 1. Definitions
These terms mean:
- Activity: a single active activity offered by the organizer. In these conditions the term activity also means: services or the provision of facilities or equipment and other actions carried out by the organiser for the benefit of the client. That may include, for example, the rental of material or the mediation of meals and residence.
- Arrangement: a service or activity, or a combination of services and/or activities offered by an organiser.
- Amount of the contract: the sum of the price of the arrangement or the activities provided by the organiser.
- Participant: any natural person who actually participates in or uses an arrangement or activity.
- event: An organised or offered combination of activities including giving instructions and (having) the activities programme accompanied.
- Client:any natural or legal person who concludes an agreement with the organiser for himself or for third parties or uses arrangements, activities, services or materials of the organiser.
- Organiser:the person who, in the course of his company, offers arrangements or activities to individuals or to a group of persons.
- Agreement: the agreement whereby an organiser commits himself to an activity to a client.
- Business partner: A company approached by the organizer to carry out an activity and/or to guide and/or provide a facility.
- Representative: The natural person who performs on behalf of The Hague PartyPub Crawl at an activity or event, including instructors, trainers and/or (coveted) leaders.
ARTICLE 2. Scope
- These conditions shall apply to all activities, quote’s, offers and agreements carried out by or on behalf of the organiser.
- The client accepts the applicability of these conditions by entering into an agreement with the organiser or actually participating in an arrangement or activity of the organizer or by paying the agreed prize or a part of this.
- In the event of a contradiction of these conditions with the terms and conditions of the client, the terms and conditions of the organiser prevail, unless the organiser and the client expressly agree otherwise and this is contractually stipulated.
- The organiser is bound only by the agreement and/or changes thereto and/or additions thereto, if the client has approved the quote with name and signature through our online aproval function or has booked directly through the website and has therefore paid.
ARTICLE 3 ESTABLISHMENT AND CONTENT OF THE AGREEMENT
- Any offer or offer in any form is non-binding and may be revoked at the conclusion of the contract or within 2 working days at the latest. Offers or quotes remain valid for a period of 14 days.
- The agreement is made by the client accepting the offer or offer via our online agreement function or by paying directly via our website. The Client receives, by email, a written confirmation of the Agreement.
- The content of the agreement shall be determined in part by information in the organiser’s publications applicable to that season. The organiser will specify which activities are included, how many participants there will be and what amount will have to be paid. Manifest errors and mistakes in a publication of the organizer are not binding. The organiser cannot be held accountable for information material issued under the responsibility of third parties.
- The client is obliged to report, before or not at the latest, any personal circumstances of himself and/or those on behalf of whom he enters into the agreement to the organiser or the representative of the organiser in so far as they may affect the smooth conduct of the arrangement or activity. This obligation shall apply in particular to all relevant medical, conditional or special mental illnesses or any other conditions which should be notified.
- The client can specify preferences and/or requests if desired. As far as possible, the organiser will try to take this into account.
- Amendments or additions to the Agreement can only be agreed in writing.
- The person entering into an agreement with the organiser on behalf of another person shall be jointly and severally liable to the organiser for all obligations arising from that agreement.
- The client and the participant are obliged to present a valid identification certificate at the first request of the organiser.
ARTICLE 4. PRICE
- At the request of the client The Hague Party pucrawl presents a quote for an agreed activity or event. Prices include sales tax, unless otherwise agreed.
- If the agreement is concluded for the benefit of a group of persons, the client must report the number of persons in writing or by email no later than 7 days before the start of the activity or event. Due to organisational reasons, a derogation of up to 10% is accepted from the numbers mentioned in the agreement provided that this derogation does not exceed the minimum number of persons determined per activity or arrangement. If it turns out that on the day of the activity or event the number of people is more than the specified number of participants in the agreement, the actual number will be charged. If the number of participants is less than the maximum deviation of 10% compared to the numbers mentioned in the agreement, no refund will be made.
- Costs for transport and parking incurred by the client are on behalf of the client, unless otherwise agreed.
ARTICLE 5. Payment
- In case of booking without an additional food and beverage reservation with a beverage bill per invoice, the invoice must be paid no later than 14 days after receipt of the invoice.
- In case of a booking with an additional food and beverage reservation with a beverage bill per invoice, the customer receives the complete invoice after the end of the package or activity, as soon as possible. Provided that the catering bill has not already been paid on site. It must then be paid no later than 14 days after receiving the invoice.
- A client who does not pay on time is breaking terms and conditions without the need for further formal notification by the organiser. In this case, the organiser shall be entitled to terminate the agreement or to seek full compliance. The organiser is entitled to claim additional damages for all costs already incurred in respect of the agreement.
- The client is required to reimburse all reasonable costs of the collection of the claim, both judicial and extrajudicial.
ARTICLE 6. MODIFICATION OF THE CONTRACT BY THE CLIENT
- The client may request that the agreement be changed up to 30 days before the start of the activity or event, including changing the number of participants. The Hague Party pubcrawl will, as far as reasonably possible, cooperate. If The Hague Party pubcrawlt is not able to honor the request then the client will be informed as soon as possible with motivation as to why this is not possible. No later than 7 days before the start of the activity or event, the agreement and the number of persons shall be considered final. If the number of participants on the day of implementation exceeds the number passed in the Agreement, this will be rebilled at the agreed price per person.
- A participant may, after the consent of the client, be replaced by another during the activity or event. The deputy must, at the risk of the client, comply with all the conditions and obligations attached to the agreement. and any relevant medical, conditional or special mental illness or details should be reported to the organiser.
ARTICLE 7. AMENDMENT OF THE AGREEMENT BY THE ORGANISER
- On the basis of weighty, without delay to inform the client, circumstances The Hague Party pubcrawl is entitled to supplement, modify or cancel the offered activity or event. The Hague Party pubcrawl is obliged to offer the client an alternative of a comparable price within a radius of up to 1km from where the original activity or event would take place. This alternative is determined in advance by establishing a back up activity
- The client can only reject the change if no back up activity has been established in advance. If the client rejects the change, this should be reported as soon as possible, but at least 7 days before the date of the activity or event. In this case, the client is entitled to a full refund of the part of the amount relating to the cancelled parts of the package.
- In principle, the arrangement or activity will continue in bad weather, unless other agreements have been made in advance. In bad weather, The Hague Party pubcrawl will endeavour to adjust the programme in such a way as to reduce the inconvenience to participants. In any case, indoor activities will not be cancelled. Outdoor activities may be cancelled by the organiser up to 24 hours before the start of the arrangement or activity if, according to The Hague Party pubcrawl it is not safe for staff or participants to proceed according to plan. Provided no back up activity for the cancelled outdoor activities has been agreed in advance, the organiser will still make a proposal.
- The implementation of the agreed depends on local (weather) conditions. Participants in packages or activities that are not accompanied by the organizer are responsible for a program change if the situation so requires. In the case of arrangements or activities led by a business partner of the organiser, it has the right to change the programme in consultation with the participants if the situation so requires.
ARTICLE 8. CANCELLATION BY CLIENT
- The client is advised to take care of cancellation insurance, accident insurance and/or travel insurance.
- The client can only cancel the package or activity in writing or by email.
- In the event of cancellation within 7 days of the start of the arrangement/activity or at no-show, the client owes the organiser 100% of the agreed price.
- Since costs are incurred per event related to administration, procurement, personnel planning etc. costs will be charged in case of cancellation. If you as a contractor have to cancel the partially paid or the signed quote of an event OR if one or more of the participants of an already paid event have to cancel, the following rules regarding payment apply;
- – If you cancel up to 30 days before the start of the event, a 25% cancelation fee of the total amount will be charged.
- – If you cancel up to 14 days before the start of the event, a 35% cancelation fee of the total amount will be charged.
- – If you cancel up to 7 days before the start of the event, a 50% cancelation fee of the total amount will be charged.
- – In the event of a cancellation 7 days or less before the start of the event, there will be no refund.
If cancellation of one or more participants leads to a decrease in the number of participants below the minimum number of participants as determined in our booking calendar in our website, we unfortunately cannot refund this cancellation. The total amount of the reservation will remain equal to the price per person x the minimum number of participants.
- The final number of participants must be mentioned no later than 7 days before the start of the event. If the number on the day of the event itself is unexpectedly lower, the last number mentioned will still be used on the invoice. This is due to the associated costs incurred with the number of personnel planning and purchasing costs. A larger number of participants will always result in extra costs and has to be paid on the spot or if agreed by the organiser per invoice afterwards.
- The Hague Party Pubcrawl accepts no liability of the costs already incurred by the customer in case of cancelations.
- In the event of premature departure by the participant, the client is liable for the full price for the agreed activity.
ARTICLE 9. CANCELLATION BY THE ORGANISER
- The organiser has the right at all times to terminate the agreement in the event of important circumstances that are unforeseeable and unavoidable, such as (civil) war, terror, virus outbreak (negative travel advice, advice to suspend events from RIVM), political unrest, natural disasters, food scarcity, general strikes, weather conditions etc. The organiser shall be obliged to inform the contractor without delay and with the giving of reasons of the termination.
- In the event of cancellation by the organiser due to the circumstances referred to in 8.1 before the start of the arrangement or activity, the client shall be entitled to a full refund of the funds already paid unless a back up activity has been agreed in advance which is feasible during these important and unforeseeable circumstances. The organiser will make an effort to offer the client an arrangement or activity of similar quality, if possible during the same period.
- Serious shortcomings in the implementation of the contract by the client and/or participant, such as improper use of materials made available to it, give the organiser and/or the business partners the right to immediately suspend its obligations, in particular the repossession of the materials and/or cessation of activities made available by it. In this case, the organiser may terminate the agreement by means of an oral statement to the client and/or participant. The organiser is entitled to full compensation of any material or intangible damage caused by the client and/or participant(s).
ARTICLE 10 OBLIGATIONS OF THE ORGANISER
- The organiser is obliged to implement the agreement according to the expectations that the client could reasonably have under the agreement or publications of the organizer. The organiser shall be obliged, according to the the circumstances, to provide assistance to the participant if the arrangement or activity does not proceed in accordance with the expectations they may reasonably have. If the cause of this is to be attributed to the client, the organiser shall be obliged to provide assistance to the extent that it can reasonably be required of him. In this case, the costs of the assistance provided will be borne by the client.
- The correctness of the implementation of the agreement should be assessed in part on the basis of the customs and limitations of the location where the activities take place, on the basis of the sporting or adventurous nature of the activity and on the basis of amount of the agreement.
- The Hague Party Pubcrawl is authorized (parts of) the activity or event to be carried out by third parties or to have business partners perform the guidance of certain activities or events.
ARTICLE 11. OBLIGATIONS OF THE CLIENT AND/OR PARTICIPANTS
- The client is obliged to report all personal circumstances of himself and/or those on behalf of whom he enters into the agreement to the organiser or the executive companies of the organiser in so far as they may affect the smooth conduct of the arrangement or activity. This obligation applies in particular to all relevant medical and conditional details. Any participant in activities in or on the water, except boat tours, must be in possession of an approved swimming diploma or have previously disclosed the absence thereof to the organiser.
- The participant shall be required to comply with all indications from the organiser or employees of the executing companies in order to promote the proper implementation of the agreement.
- The participant shall be obliged to use the material made available in a manner to which it is intended by its nature and the agreement. The participant must report and record any defects upon receipt of the material. The participant may not make any changes to the material or give it to third parties without the consent of the organizer. The participant shall inform the organiser as soon as possible, but at the latest at the end of the agreement, of damage or loss of materials. A repair order requires prior permission from the organizer. The participant shall transfer the material made available at the end of the agreement at the pre-agreed place to an employee of The Hague Party Pubcrawl in the same condition as in which the participant received it and as clean as Possible. The organiser is entitled to charge additional costs for misplacing, cleaning, searches, transport and storage of materials to the client and/or participant if necessary.
- The participant who causes such a nuisance or burden that this will greatly complicate the performance of the arrangement or activity, which endangers the safety of himself or others, or which is irresponsibly deals with nature and the environment, can be excluded by the organiser or The Hague Party Pubcrawl from (further) participation in the arrangement or activity. All resulting additional costs are borne by the excluded participant or the client whose responsibility this participant falls under.
- If the participant deviates from the recommended route or the recommended time or itinerary and therefore has to incur additional costs, these costs are at the participant’s expense.
- The organiser shall have the right to use photographic or other recordings taken during the arrangement or activity for promotional purposes. Objections to this should be submitted orally to the organiser or employee of the executive company on the spot.
- The participant is and remains responsible for assessing whether he is in sufficient condition to practice the relevant arrangement or activity.
- If a client or participant has not yet reached the age of 18 and is not accompanied by an adult, the client or participant or his representative must make possession of a declaration of no objection signed by a legal representative, or the legal representative must co-sign the agreement. During the activity or event, at least one person (parent or guardian) must be available by telephone. For our pub crawls a minimum age of 18 years and a valid ID is required.
ARTICLE 12. LIABILITY OF THE ORGANISER
- Participation in the arrangement or activity is done at the own risk of the client and/or participant. Except in the case of intent or gross negligence of the organiser himself, the organiser shall not be liable for any form of damage, including consequential damages, suffer by the client and/or participant as a result of accidents that occur during the arrangement or activity, unless and in so far as exclusion from liability should not be legally permitted.
- The organiser shall hold the business partner liable for damages resulting from a material defect in the facilities and activities they provide if this material defect can be attributed to the business partner, unless this lack is not due to his guilt, nor under the law, an act of law or the views in circulation.
- In any event, the organiser shall not be liable for damages resulting from:
- circumstances attributable to the participant, such as the failure to have a necessary travel document, inadequate health or condition, inadequate personal equipment, improper action or non-action, overestimation of the own capabilities or ignoring instructions;
- the identification, consciously or unconsciously, of a participant in a wrong category as referred to in Article 3 and/or if the participant does not comply with one or more safety regulations and/or his condition, as referred to in Article 3, was not sufficient to practice the relevant arrangement or activity.
- acts and influences of third parties not directly involved in the implementation of the agreement; circumstances which are not due to the guilt of the organiser and which cannot be reasonably attributed to the organiser under Dutch law or the standards applicable in social traffic.
- The client and/or participant is advised to take care of appropriate accident, travel and/or cancellation insurance. Organiser never accepts liability for damages for which compensation is claimed under travel, accidents and/or cancellation insurance.
- The Hague Party Pubcrawl allows participants to consume alcoholic beverages at their own discretion and at their own risk. We ask participants to be advisable to deal with the level of alcohol consumed by the participant and cannot accept responsibility if participants drink excessively leading to: damage, illness, injury or death.
- All participants are responsible for their own safety and health during our events and pub crawls. Our supervisors will do their utmost to ensure the safety and health of the participants at all locations we visit during an activity or event. Nevertheless, The Hague Party Pubcrawl cannot be held responsible for dangerous or unavoidable situations while participating in an event or pub crawl. The Hague Party Pubcrawl does not rule out that there is an element of possible risk during an activity or event. All participants agree to this potential risk and should only participate in our activities and pub crawls of their own free will and at their own risk.
- The exclusions and/or restrictions on liability contained in this Article shall also apply to employees and other representatives of the organiser and/or the business partners, unless the law so excludes.
ARTICLE 13. LIABILITY OF THE CLIENT AND/OR PARTICIPANT
- The client and/or participant is liable to the organiser for damages or any other disadvantage caused by the doings or omission of himself, or third parties admitted by him.
- The client and participant safeguarded The Hague Party Pubcrawl for all claims of third parties for compensation of any damage suffered by these third parties which is borne by the client or participant on the basis of previous determination.
ARTICLE 14. COMPLAINTS
- If the participant finds a shortcoming in the performance of the agreement, he shall report it to the organiser’s employee as soon as possible so that he can find an appropriate solution. If the deficiency is not resolved within a reasonable period of time and prejudices the quality of the arrangement or activity, it must be reported as soon as possible to the organiser or representative of The Hague Party Pubcrawl on the spot.
- If the complaint is not treated satisfactorily on the spot, it may be submitted to the organiser by e-mail however not later than 14 days after the end of the arrangement or activity.
- Any claim under any other means, as any right to terminate the contract, shall be void if the arrangement or activity has not been carried out in the event of a timely notification if the arrangement or activity has not been carried out.
- The filing of a complaint does not exempt the client from the agreed obligation to pay.
ARTICLE 15. APPLICABLE LAW AND DISPUTES
Dutch law applies to any agreement between The Hague Party Pubcrawl and the other party.
ARTICLE 16. COPYRIGHT, INDUSTRIAL PROPERTY
1. The Hague Party Pubcrawl reserves the rights and powers that it has under the Copyright Act.
2. Industrial or intellectual property rights of The Hague Party Pubcrawl conceived or established
programs, assignments, ideas, activities will belong only to The Hague Party Pubcrawl without further permission.