GENERAL TERMS AND CONDITIONS OF LIMOBIKE TOURS – BEERBIKE TOURS AND OTHER EVENTS.
The Participants of the Event.
Making a tour through Amsterdam by the Participants on a beer bike made available by us or any other event offered by LimoBike Tours.
The person of entity to whom the Booking Confirmation has been sent by us, being our legal contracting party.
LimoBike Tours, located at Nieuwe Nieuwstraat 27C, 1012NG Amsterdam, the Netherlands.
The confirmation of the Event received by the Customer including further details thereof such as date, start time, departure location, delivery location, costs, terms of payment and deposit.
GENERAL PART – TERMS APPLICABLE TO ALL BOOKINGS
All offers are valid for 7 days as from the offer date, subject to availability, and will thereafter expire without the option of appeal if they are not accepted in writing within this period. Unless otherwise stated, al prices are inclusive of VAT.
All bookings for the Event which have been accepted by a Booking Confirmation by us are subject to these terms and conditions. The applicability of any general terms and conditions of Customer is expressly excluded.
3. Obligations to the Customer
We act as a booking agent. We are not the direct supplier of the Event, unless agreed otherwise. If we are not the direct supplier, we will try to select the best suppliers. If we are the direct supplier, we commit ourselves to carry out the Event in a responsible manner. We do not arrange transportation of persons or goods from England to The Netherlands or vice versa but will only arrange local transport.
4. Obligations of the Customer
The Customer guarantees that he or she is duly appointed by the Participants to represent them. The Customer will ensure that the Participants behave in a responsible manner during all activities so as to uphold our good name and reputation. We hold the right to cancel the Event or elements thereof in the event that the Participants do not adhere to any warnings issued by us or our supplier. In such case, the Customer will be held fully responsible for payment of the activity as well as for potential damages and consequently no refund will be payable to the Customer or any of the Participants. The Customer will (i) confirm to the Participants in writing before the Event takes place that the Participants will participate in the Event at their own risk and responsibility and (ii) notify in writing to the Participants before the Event takes place all our other terms and conditions which may reasonably be deemed to be relevant for the Participants, such as, but not limited to:
• restrictions on the use of alcohol and drugs and smoking cigarettes;
• the observance of instructions during the Event;
• the physical suitability for participation in the Event;
• the responsibility to participate in an Event on the level of someone’s personal skills and experience;
• the obligation to sign on the spot of the Event, a waiver form with regard to damages and liability, if required;
• the possible last minute cancellation of an outdoor Event in case of extreme weather conditions, if the organizer of the Event so decides;
• if the Event involves the use of the beer bike of LimoBike Tours, the special terms of the beer bike, which are part of these general terms and conditions.
5. Payment moment
The Booking Confirmation specifies the costs of the Event. If the Customer has not paid the costs to us ultimately 30 days before the date of the Event, we reserve the right to cancel the reservation.
If the Customer wishes to cancel the Event the following will be due:
• More than 31 days before the date of the Event = cancellation free of charge;
• Less than 31 days before the date of the Event = 100% of the cost.
All cancellations must be issued in writing. The date of cancellation is the date we have received the message of cancellation.
The following conditions are certainly no reason to cancel the reservation without charge:
• weather conditions on the day of the Event;
• an insufficient number of Participants.
In the event the Customer changes the number of Participants in the Event, adjustment fees will be charged as follows:
• More than 31 days before the date of the Event = free of charge (extra costs as a result of an increased number of Participants will become due though while a reduced number of Participants does not automatically lead to reduced fees);
• Less than 31 days before arrival date = 100% of total cost.
All cancellations or adjustments in numbers of Participants must be received in writing. The date of cancellation or change in number of Participants is that upon which written cancellation or adjustment is received by us.
In the event that the Customer wishes to make changes to the Event during the Event, providing that such change is possible, the Customer will be liable for covering all costs in relation thereto.
In spite of our careful selection of suppliers, we cannot be held responsible for the execution of the Event by the supplier(s). More specifically, we cannot be held liable for any other damage than direct damage suffered by the Customer, if proven to be as a result of our gross negligence or our wilful misconduct. Our liability will be limited to the maximum amount of the agreed costs in the Booking Confirmation.
We cannot be held liable for any damages of whatsoever nature, property loss, injuries or death caused or suffered by a Participant who was under influence of alcohol or any other drugs.
We cannot be held liable for any damages of whatsoever nature, property loss, injuries or death caused or suffered by a Participant who did not follow up instructions and safety guidelines instructed by us or our supplier.
The Customer will indemnify us for claims from third parties with respect to damages to companies or individuals brought about by a Participant to the Event.
The Customer will reimburse us for all costs incurred in relation to any damages brought about by a Participant. The Customer authorizes us to reimburse ourselves via your creditcard.
You must ensure that the Participants have adequate travel insurance with high medical cover (including repatriation by air ambulance), and cover for cancellation and curtailment.
8. Circumstances outside our control
We will not be liable in the event that an Event or part of an Event cannot take place due to circumstances outside our control, such as, but not limited to cancellation of the Event by the party contracted by us that should carry out the Event or part of it or illness of the majority of our personnel or national strikes, including but not limited to public transport strikes.
In the event that an Event or part of an Event cannot be carried out, we will do our utmost to find a suitable alternative for the Customer. If such alternative incurs extra costs, we will first consult with the Customer and only proceed after the Customer’s written approval.
In the event that an Event or part of an Event arranged by us cannot take place due to circumstances outside our control, we hold the right to postpone or cancel the Event without any legal or financial liability towards the Customer or any third party unless stated by law. In such case, the agreed financial and/or legal liability rests with the Customer.
9. Applicable law
All disputes arising between the Customer and us are subject to Dutch law and will be submitted to the competent court in Amsterdam.
ADDITIONAL TERMS AND CONDITIONS FOR BEER BIKE TOURS
In addition to the above general terms and conditions, the following terms and conditions apply additionally to all beer bike activities.
10. Minimum number of Participants
It requires a minimum number of 6 Participants to be allowed to use the beer bike. If at the day of the Event a lower number of Participants shows up, the beer bike will not be issued while no right of cancellation exists and all costs as specified in the Booking Confirmation will be due.
11. Period of use
11a. The beer bike will be available for the period specified in the Booking Confirmation. The Participants have to be present at the time and the location indicated in the Booking Confirmation. If the Participants are too late, the cycle time is reduced by the time the Participants are late without any entitlement to a pro rata refund of the original period of the activity. In case of being too late, the period of availability can, on request, be extended at extra cost in accordance with the rates from the Booking Confirmation provided the beer bike is still available at the later time.
11b. In the activity a vessel of 30 liters of beer is included. This is not replenished when it runs out. Participants may not hand out and / or sell beer to third parties.
Besides the amount of the activity itself, a deposit of the amount indicated on the Booking Confirmation is due. The deposit must be paid fully in cash at the latest at the start of the Event. If not, we reserve the right to cancel the reservation. The deposit will be repaid at the end of the activity unless:
• we observe damage to the beer bike;
• otherwise damage has been caused by the Participants which will be addressed to us;
• The beer bike will not be returned, whether or not due to leaving the beer bike prematurely, on the time and location indicated in the Booking Confirmation.
In the above cases, the deposit will be maintained partially or wholly by us. Whether the deposit is only partially retained and if so, which part, is entirely to our discretion.
13. Compulsory identification
Before starting with the beer bike we require each Participant to identify himself by showing us a valid ID. The minimum age for any Participant in an Event involving the beer bike is 18 years.
By entering the reservation Customer agrees to be familiar with the operation of the beer bike and Customer acknowledges that the beer bike meets the purpose for which he hires the beer bike. Participants will use the beer bike solely for the purpose for which it is manufactured. It is not allowed to Participants to put items in the beer bike through nailing, stapling, screwing or otherwise. Customer is aware that at least 6 Participants are required for the movement of the beer bike. Participants will not leave the beer bike during the trip.
15. Conduct rules and driver
15a. The Participants are required to behave themselves in a way that they will not cause any inconvenience to third parties. Behavior that we see as causing inconvenience to third parties includes but is not limited to: loud shouting, searching for contact with others who do not appreciate this, drinking beer in places where this is not permitted according to the instructions of the driver and puddling on the street.
15 b. We provide a driver that determines the route of the trip. The route the driver determines is binding on the Participants. Any instructions from the driver to the Participants will be observed by the Participants. The Participants must behave respectfully towards the driver. If this is not the case in the opinion of the driver, or if Participants at the discretion of the driver do not adhere to the stipulations of article 15 a, we are entitled to terminate the Event, and requesting the Participants to leave the beer bike during the route without any right to a refund of the fee paid and / or the deposit.
16. Damages in connection with period of use or to the beer bike
16a. In the event of too late return and / or damage to the beer bike, for whatever reason, the Customer is therefore in default towards us without any notice of default being required. The Customer then is, without prejudice of any other obligations towards us, obliged to pay compensation to us. In case of late delivery back this compensation amounts to the price per hour for each hour that the agreed period of availability is exceeded plus 50% of that price. In case of damage to the beer bike the Customer will be due the cost of repairing the damage as well as the usual costs of use per day for each day necessary for reparation increased by 50% of that price. The deposit will first be used to meet this damage. If any damage amount then remains the Customer will be liable.
16b. Customer will indemnify us for any damage caused to third parties by any act or omission by the Participants during the trip or otherwise related to the reservation.
16c. In case of damage we will hold the Customer liable. Customer cannot escape from liability towards us by stating that not he, but not any of the (other) Participants caused the damage.
17. Damage Participants
17a. In addition to the exemptions included in clause 7, we cannot be held liable for damage, loss of property, injury or death which is suffered by a Participant that is the result of failure to follow instructions of the driver and / or us.
18. Right of Refusal
We are at all times entitled without giving reasons not to execute or cancel the activity unilaterally if there are reasonable grounds for suspecting that the Participants will not comply with the provisions of these conditions or otherwise by participation in this Event will cause an unacceptable risk – whether or not to themselves or to others.
19. Use by third parties
It is not allowed for Participants to (sub)let the beer bike, whether or not for a fee.