Terms of conditions
These terms of business shall apply to contracts for the supply of goods or services by Unique Tours such as, but not limited to boating, cycling or walking tours. Deviations from these conditions beholds Unique Tours only if they have been accepted in writing by Unique Tours. Not enforcement of a provision in a specific case by Unique Tours brings any expiration of the provision with it.
1. Conclusion of agreement
1.1 an offer by Unique Tours is without obligation and no rights can be derived from it.
1.2 a booking will only become effective if Unique Tours has sent a confirmation.
1.3 If the booking has not been paid, Unique Tour retains the right to consider the confirmation to have been cancelled.
2.1 Unique Tours strives to let the tour take place as agreed in the confirmation. Time exceeding and more generally a failure to an obligation can only be attributed to Unique Tours if the case is legally attributed to Unique Tours.At the risk of Unique Tours does not belong strikes, blockades, transport delays, government measures including blocked (water)ways or diversions, extremely busy, extremely high water, disruption of (water)ways, fire or explosion, extreme weather conditions including severe frost, loss of energy, machine breakage, shortage of raw materials, outflow of hazardous substances, including when these circumstances occur at suppliers or auxiliary persons of Unique Tours and thereby the performance of its obligations is prevented or made difficult.
2.2 on the customer rests a collection duty of the booking.
2.3 the customer cannot derive any rights from a preference to type of ship, bicycle, guide or skipper.
2.4 in the unlikely event that due to circumstances no ship is available Unique Tours has the right to offer a reasonable alternative with one or more ships from another company.
2.5 a shortcoming in the implementation of the agreement on the part of Unique Tours should, under penalty of loss of all rights in this respect, be notified in writing by the customer within 7 days
2.6 In the unlike event that a tour is postponed or cancelled Unique Tours will do it utmost to find a suitable solution and notify the customer as fast as possible. Unique Tours cannot be held responsible for any additional cost involved like for instance travel and/or accommodation cost.
3. Price and payment
3.1 prices, also in quotes, are including BTW unless otherwise stated.
3.2 the number of persons as agreed in the confirmation of Unique Tours is leading for an invoice. Any changes to the number of persons should always be forwarded in writing to Unique Tours.
3.3 payments as mentioned in the confirmation must be received, on the date specified, on the account of Unique Tours. When failure to comply with this payment Unique Tours may cancel the agreement independently.
3.4 payments takes place in euros. There can be no compensation with counterclaims.
3.5 all expenses, connected with the collection of invoices not paid or not paid on time by the customer will be for customers expense. In the event that the customer is in default with payment, Unique Tours is allowed to charge a 3% interest per annum to the customer. This interest shall be calculated from the due date.
4.1 if the customer wishes to cancel the agreement, he must notify Unique Tours as soon as possible in writing. Tours can be cancelled up to 14 days prior to departure. Back payment will be done with the exclusion of 10 euro administration cost per person. Cancellation within 14 days before departure of tour no compensation will be paid.
5. Liability and damages
5.1 the customer attends the tour(s) at its own risk. The customer will also be liable for the persons in his company who use the service of the tours as well as animals or goods that they carry with them. The customer must make sure that the instructions by skipper or guide, including but not limited to instructions to preserve the vessel and to preserve the rights of Unique Tours, be immediately acted upon. Non-fulfillment of the provisions or any other act or omission of recipient or persons named which will lead to damage, the customer will be fully liable for damages and costs. Damage shall also mean consequential damages.
5.2 Unique Tours accepts no liability for loss, theft of or damage to goods that customer or other persons carries with them during the use of the service.
5.3 Unique Tours accepts no liability for physical or mental harm to customer or other persons or animals.
5.4 If a third party holds Unique Tours liable for damages resulting from a circumstance, which in the relationship between Unique Tours and customer is attributed to the latter, Unique Tours holds no responsibility what so ever to the third party and the customer will reimburses Unique Tours for all costs made for the defense connected to that claim.
6. Applicable law and competent court
6.1 to this agreement, including the creation there of, and any supplements there to only Dutch law is applicable. In case of any dispute, the competent court will be in Amsterdam (NL).