Terms and Conditions

Terms & Conditions

 

1. Definitions

In these terms and conditions the following terms will be applied in the following meaning, unless explicitly stated otherwise or the context proves otherwise:

1.1 Admission Costs: price of tickets.

1.2 Agreement: the agreement between the End User and Amsterdam City Tours.

1.3 Event: a public or private event, such as a performance of artistic, musical, cultural, sports and/or recreational nature organised by the Organiser.

1.4 End User/You: the named natural person that purchases tickets for an Event via the Amsterdam City Tours channels.

1.5 Location: the place where the Event is held.

1.6 Order: the total number of Tickets in one purchase, as completed by the End User.

1.7 Organiser: the party that undertakes to organise and bears responsibility for the organisation of the Event.

1.8 Personal Data: any information relating to a named natural person, including but not limited to a name, an e-mail address, and a telephone number.

1.9 Terms & Conditions: these Terms & Conditions of Amsterdam City Tours.

1.10 Third Party Ticket Provider: a party that offers tickets, for either its own Events or Events organised by others.

1.11 Ticket(s): the digital or physical license to enter an Event.

1.12 Amsterdam City Tours: Amsterdam City Tours V.O.F., the user of these terms and conditions.

1.13 Amsterdam City Tours channels: a website, application, widget, (embedded) link, call center or any other means by which Amsterdam City Tours allows the purchase of tickets by the End User.

1.14 Amsterdam City Tours Customer Service: the department of Amsterdam City Tours available for questions and comments from End Users, contact details can be found via the Amsterdam City Tours website.

 

2. Applicability of the Terms and Conditions

2.1 These terms and conditions – which from time to time shall be adapted by Amsterdam City Tours unilaterally - shall apply to all Amsterdam City Tours services whereby Amsterdam City Tours facilitates the End User purchasing tickets for an Event organised by the Organiser. The Amsterdam City Tours Terms and Conditions shall apply to all Amsterdam City Tours channels. By accessing and using the Amsterdam City Tours channels, you acknowledge and agree to have read, understood and agreed to the Amsterdam City Tours terms and conditions.

2.2 In addition to the Amsterdam City Tours Terms and Conditions, the terms and conditions of the Organiser of the Event shall apply as between the relevant party and the End User. The Terms & Conditions of the Organiser can be obtained from the relevant party.

2.3 In the event of a conflict between the provisions in the Amsterdam City Tours Terms and Conditions and other terms and conditions, the provisions of the Amsterdam City Tours Terms and Conditions will prevail.

 

3. Scope of the Amsterdam City Tours service (‘the Agreement’)

3.1 Through the Amsterdam City Tours channels, Amsterdam City Tours provides a platform through which Events can be advertised, and through which End Users can purchase tickets for such Events. Amsterdam City Tours only acts as an intermediary in the formation of an agreement between the End User and the Third Party Ticket Provider and Amsterdam City Tours is in no respect party to that agreement.

3.2 Before payment of the Tickets by the End User, Amsterdam City Tours shall state the total Order amount to be paid by the End User consisting of the Admission Costs and - in some cases - a Booking Fee. The Booking Fee covers all other costs such as service costs and/or handling costs charged by Third Party Ticket Provider or Organiser and payment costs charged by payment service providers.

3.3 Upon successful completion of the payment of the Admission Cost and all other costs by the End User and delivery of the Tickets to the End User by Amsterdam City Tours, the Third Party Ticket Provider or the Organiser, the Agreement between Amsterdam City Tours and End User is concluded.

3.4 In case no authorisation for the End User’s payment is received, Amsterdam City Tours will notify the End User that the transaction has failed and, consequently, no Agreement will be and/or has been concluded.

3.5 Amsterdam City Tours is entitled to modify or cancel the Order of the End User within 48 hours after completion of payment in the event that Amsterdam City Tours is unable to provide the End User with the actual tickets.

3.6 Amsterdam City Tours purchases the Tickets with the Third Party Ticket Provider or the Organiser and either delivers the Tickets to the End User or arranges that the Tickets will be delivered to the End User by the Third Party Ticket Provider or the Organiser via e-mail, SMS and/or other messaging.

3.7 Upon delivery of the purchased Tickets by Amsterdam City Tours, the Third Party Ticket Provider or the Organiser to the End User, the End User waives his right to dissolve the Agreement within the withdrawal period (“wettelijke bedenktijd”) of 14 calendar days.

3.8 The Ticket allows the End User to access the Event. The Ticket is only valid on the date and time indicated on the Ticket, unless otherwise stated on the Ticket. For some Events the Ticket may be valid on other days than the date indicated on the Ticket but will never be valid on dates later than 14 days after the date indicated on the Ticket. End Users can contact Amsterdam City Tours Customer Service to find out whether their purchased Ticket might be valid on other dates than the date indicated on the Ticket.

3.9 Cancellation policy: Amsterdam City Tours is not obliged to take back or exchange Tickets once the payment has been concluded nor to provide the End User with a refund. End Users can contact Amsterdam City Tours Customer Service to request a cancellation and/or refund. In case Amsterdam City Tours Customer Service agrees on a cancellation and/or refund, Amsterdam City Tours will charge the End User a cancellation fee of 8% of the total Order amount.

3.10 Amsterdam City Tours services are made available for personal and non-commercial use only. The End User is not allowed to re-sell, deep-link, use, copy, monitor (e.g. spider, scrape), display, download or reproduce any content or information, software, products or service available on the Amsterdam City Tours channels for any commercial or competitive activity or purpose unless explicitly agreed upon.

 

4. Use of Personal Data

4.1 All Personal Data that the End User provides to Amsterdam City Tours, will be used by Amsterdam City Tours in the context of providing services in connection with the execution of the Agreement.

4.2 End User will ensure that the Personal Data that it provides is complete, accurate and up to date and that the End User is legally entitled to make use of the Amsterdam City Tours channels, meaning that End User will be at least sixteen (16) years old at the time End User uses the Amsterdam City Tours channels.

4.3 Amsterdam City Tours will use Personal Data inside the Amsterdam City Tours organisation to optimize operational processes. This includes but is not limited to the completion and administration of the Amsterdam City Tours purchase, using data for Customer Service purposes, fraud detection and prevention, detection of illegal or unwanted activities, internal analyses and user studies, and communications by email, by phone, and by other digital channels such as text message or messaging services.

4.4 Amsterdam City Tours will not sell Personal Data. Amsterdam City Tours may however share Personal Data with third parties such as with the Third Party Ticket Provider and/or Organiser in order to complete the Tickets purchase. Further this includes the sharing of Personal Data with Amsterdam City Tours distribution partners involved with the distribution of Ticket(s). In this context, your information is governed by the privacy policies of these distribution partners. Amsterdam City Tours may share Personal Data with governmental or regulatory authorities if required by law (or any regulation having the force of law). Such requirements may include court orders, subpoenas and orders arising from legal processes and criminal investigations. Amsterdam City Tours may also disclose Personal Data if it is strictly necessary for the prevention, detection or prosecution of criminal acts.

4.5 When using the Amsterdam City Tours channels, anonymous cookies placed on your computer, or similar technologies, may be used by Amsterdam City Tours in order to understand your interests based on your (anonymous) online activities, and thus to tailor more relevant ads to you. If you do not wish to receive such tailored advertising, you can visit www.networkadvertising.org to opt out of most companies that engage in such advertising.

 

5. Intellectual Property Rights

The End User is not permitted to make public any of the intellectual property rights with respect to names, logos, formulas and any wording and music, for advertising purposes or otherwise, that are vested in Amsterdam City Tours, either directly or indirectly, and/or reproduce them or to otherwise use them or benefit from them, unless the prior written permission of Amsterdam City Tours has been obtained.

 

6. Disclaimers

6.1 Amsterdam City Tours does not warrant that:

  1. a) the information on the Amsterdam City Tours channels is correct and complete. When rendering services, the information disclosed is based on the information provided to Amsterdam City Tours by Third Party Ticket Providers or Organisers. Although Amsterdam City Tours will use reasonable skill and care in performing services Amsterdam City Tours will not verify if, and cannot guarantee that, all information is accurate, complete or correct (including the rates and availability of Tickets), nor can Amsterdam City Tours be held responsible for any errors, including those due to any interruptions (whether due to any temporary and/or partial breakdown, repair, upgrade or maintenance or otherwise of the Amsterdam City Tours channels), inaccurate, misleading or untrue information or non-delivery of information. The Amsterdam City Tours channels do not constitute and should not be regarded as a recommendation or endorsement of the quality, service level, qualification or (star) rating of any Event available via the Amsterdam City Tours channels.
  2. b) display of prices based on currency conversion is correct. Currency conversion is for information purposes only and should not be relied upon as accurate and real time; actual rates may vary.

6.2 Obvious errors and mistakes in the pricing (including misprints) are not binding.

 

7. Liability

7.1 Amsterdam City Tours shall not be liable towards the End User except in the event of direct damages caused by the gross negligence or wilful misconduct (grove schuld of bewuste roekeloosheid) of Amsterdam City Tours or Amsterdam City Tours’ employees (acting in the course of their employment). Amsterdam City Tours entire and collective liability to the End User arising under or in connection with the Agreement and the Amsterdam City Tours Terms and Conditions, whether in contract, tort statute (“onrechtmatige daad”) or otherwise shall, to the extent permissible by law, be limited to the payment of direct damages attributable to Amsterdam City Tours and will not exceed the amount of the Admission Costs.

7.2 Amsterdam City Tours shall not be liable for any indirect loss or damages, including consequential damages, loss of profit, missed savings, any other form of unrealized benefit and damages by loss of data which have somehow been occurred by and/or result from the use of this website.

7.3 More specifically, Amsterdam City Tours will in no event be liable for any damages, however arising, in relation to:

a) access to the Event, for the organization of the Event, for the (artistic) quality and content of the Event, or for the state of affairs in and around the Location;

b) the purchase and delivery of tickets by third parties, or for Agreements that, whether or not at the End User’s request, are not entirely fulfilled by Amsterdam City Tours and in which a third party - for example, the cash desk at a Location – has been involved either directly or indirectly;

c) damages, including compensation or reimbursement of the Admission Costs, in case of a cancellation of the Event. If and to the extent that the Organiser decides to reimburse the Admission Costs and the Organiser engages Amsterdam City Tours to carry this out, the reimbursement of the Admission Costs that were demonstrably paid to Amsterdam City Tours will be handled by Amsterdam City Tours;

d) the loss of Tickets by the End User for whatever reason;

e) death, injury, accidents, loss, damage or theft during or resulting from a visit to the Event or the Location; and.

f) any damages resulting from a force majeure event (“overmacht”), in accordance with Article 6:75 of the Dutch Civil Code).

 

8. Reviews and Photos

8.1 The completed End User review:

a) may be uploaded onto the Amsterdam City Tours channels for the purpose of informing (future) customers of your opinion of the Event or Location;

b) (wholly or partly) used and placed by Amsterdam City Tours at its sole discretion (e.g. for marketing, promotion or improvement of Amsterdam City Tours services) on Amsterdam City Tours channels or such (social) media platforms, newsletters, special promotions, apps or other channels owned, hosted, used or controlled by Amsterdam City Tours and Amsterdam City Tours business partners. Amsterdam City Tours reserves the right to adjust, refuse or remove reviews at Amsterdam City Tours sole discretion.

 

9. Miscellaneous

9.1 In the event that any of the terms of the Amsterdam City Tours Terms and Conditions are declared void or otherwise not binding, the remaining terms will remain unimpaired. Amsterdam City Tours shall do its utmost to change wording so as to achieve as far as possible the intent and purpose of terms declared void or otherwise not binding.

9.2 The Amsterdam City Tours Terms and Conditions contain the entire agreement between the End User and Amsterdam City Tours.

9.3 The Amsterdam City Tours Terms and Conditions are governed by Dutch law. Any and all disputes shall be submitted to the competent court in Amsterdam, the Netherlands. Any dispute arising out of or in connection with these Terms and Conditions, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by arbitration in Amsterdam, the Netherlands. The arbitrator shall be agreed by mutual consent. If the dispute is not settled by arbitration within 10 days of the commencement of the arbitration, or such further period as the parties shall agree in writing, the dispute shall be referred to and finally resolved by the competent court in Amsterdam, the Netherlands.

9.4 The Amsterdam City Tours Terms and Conditions can be amended at any time by Amsterdam City Tours. The amendments will come into force 30 days after they have been published on this website. Amsterdam City Tours therefore recommends checking the Amsterdam City Tours Terms and Conditions from time to time.

9.5 The original English version of these terms and conditions may have been translated into other languages. The translated version is a courtesy and office translation only and you cannot derive any rights from the translated version. In the event of a dispute about the contents or interpretation of these terms and conditions or inconsistency or discrepancy between the English version and any other language version of these terms and conditions, the English version to the extent permitted by law shall apply, prevail and be conclusive. The English version is available on the Amsterdam City Tours website (by selecting the English language) or shall be sent to you upon your written request.

 

10. Contact

Amsterdam City Tours is a private company with limited liability organised under the laws of the Netherlands with its registered office at Signaal 28, 1446 XA Purmerend, the Netherlands. Amsterdam City Tours is registered at the Chamber of Commerce under file number 37118469. You are requested to send all correspondence to Amsterdam City Tours to the e-mail address info@amsterdamcitytours.com or contact Amsterdam City Tours by phone on +31 299 4111 11.

 

Amsterdam City Tours Terms & Conditions
Version: 1.0 (7 December 2016)