Terms and Conditions
Terms and conditions have been set out for facilitating your use of our website and services. These terms and conditions serve for the best legal interests of all parties. In case we fail to enforce any of these provisions shall not constitute a waiver of that provision or any other provision. All rights not expressly granted herein are reserved.
The terms “we”, “us”, “Company”, “grachtenfahrten.amsterdam” refers to V.O.F boatboys, having its registered office at Oudeschans, 64-Z 1011LD, Amsterdam, the Netherlands, and “you”, “client” refers to the individual person or persons searching for boat trips and/or requesting a free quote and/or customer booking a reservation directly through our website.
The following terms shall have the meanings mentioned below:
“Available” refers to availability of boat listed for bookings during specific mentioned time period
“Big boat” refers to any vessel/boat listed with a capacity holding up to 100 persons
“Boat tour” refers to listed tours made on boats at predetermined routes
“Canal cruise” refers to predetermined tours/trips around canals as described in listing
“Captain”/ “Owner” refers to Partner created a listing of boat/boats or canal cruises with the purpose of renting
“Classic boat” refers to saloon boats and historic boats
“Direct booking” refers to reservation of a listed vessel for specified period of time in exchange of payment of price rates
“Free quote” refers to a quote for booking a third party boat without any service fee
“Open boat” refers to any vessel listed without any roof or cover
“Offer” refers to promotions or marketed services and products at our website
“Partner” refers to boat owners/agents listing their own boats for offering tours
“Private boat tour” refers to reserving or booking the whole boat for your own service
“Website” refers to the website of V.O.F boatboys; grachtenfahrten.amsterdam
- Your use of this website and our services constitutes your agreement to all such terms, conditions and legal notices. If you do not agree to terms and conditions, please stop using this website immediately.
- grachtenfahrten.amsterdam reserves the right to change terms, conditions and legal notices at any time without prior notice or liability towards any client. Changes or modifications shall be uploaded to this section as a part of terms and conditions. In any event of failure to update any provision to terms and conditions at this section shall not be deemed a waiver of this provision.
- All terms and conditions shall be binding upon users of this website without any exception.
- We undertake to keep any of your personal information confidential and not share with any third party other than the reasons of your request of services and our legal obligations to share such information to any administrative or judicial authority.
- If any of the clauses in terms and conditions is deemed or declared to be wholly or partially invalid, the invalidity of this clause shall not have any effect upon the entirety of terms and conditions, the other clauses of terms and conditions will remain fully applicable.
- V.O.F boatboys are the sole owners of this website, the website grants only temporary personal use for prospective clients. By using this website, you agree to not use the website (including but not limited to any part, information, and layout) for any commercial use.
- This contract constitutes the entire agreement between you and V.O.F boatboys with respect this website and it supersedes all prior other contract and terms and conditions with respect this website.
- Scope of services
- grachtenfahrten.amsterdam is provided solely for renting boats, offering boat tours and facilitation of boat rentals with the purpose of assisting Clients and Partners to make reservations, bookings and/or finding the best available quote.
- grachtenfahrten.amsterdam provides direct booking services which individual person or persons can reserve a particular boat and/or boats or canal cruise subject to the availability, rates of listings, full payment of required services, and facilitates and/or manages offers to clients where clients and Partner can be connected for conclusion of contracts or reservation of boats or canal cruises.
- It should be noted that not all of the vessels listed are owned by grachtenfahrten.amsterdam, therefore, we are not the organizers of all listed tours at our website. In the listings we will inform you about the owner/organizer of the chosen tour. For the third party listings, grachtenfahrten.amsterdam acts as an intermediary between Partners and Clients, therefore, does not represent or guarantee any ownership of the listings and disclaims any legal liability for any issues or disputes arising from the contractual relationship between Partners and Clients. Boat-rental.amsterdam undertakes to only support for the issues caused by us.
- grachtenfahrten.amsterdam are the owners of one boat and undertakes to provide rental services of boats at reserved time period in exchange of reservation payment.
- Any direct bookings made through our website shall be subject to our payment, pricing, cancellation, termination and force majeure policies.
- User shall submit a request for direct bookings; direct booking will be confirmed and effective after the notification of confirmation. Direct bookings shall be made through our direct booking system, the booking shall be deemed as reserved, only upon our confirmation.
- For the confirmation of direct booking, we will verify the payment details (information provided for payment, deductible sufficient available balance). The currency exchange rates may be calculated on the basis of payment system or payment institution processing the transaction.
- Direct bookings via Partners, shall be confirmed only if Partner accepts the conditions of submitted booking; Partner will respond and confirm the submitted booking or reject the submitted booking in 24 hours. Upon the confirmation of Partner, Client will be duly informed about the confirmation of booking.
- Following the confirmation of a direct booking, the reserved boat or canal cruise will be displayed as unavailable during the reservation of boat or canal cruise.
- The prices of reservations may be subject to changes, any changes will not affect confirmed bookings. Prices displayed on the listings may vary, we have no obligation to refund or offer lower price for any price displayed before confirmation of booking. We reserve our right to fix any price errors.
- In cases of provision of offers we retain our commission fees as our service fee. We do not set a fixed fee for our services, please note the service fees may vary based upon description and amount of services.
- Boat rental services shall be subject to weather, availability and booking conditions; in any event of severe weather conditions or life-threatening conditions, V.O.F boatboys reserves the right to cancel bookings under these circumstances.
- In any event of force majeure (acts of God) or causes beyond our control, we have no liability or obligation to make any refund for any delay, cancellation, modification of booking. Force majeure refers to severe weather conditions, natural disasters, floods, earthquakes, storms, wars, acts of war, acts of terrorism, diseases, pandemics, anything unforeseeable at time of contract and not under the control of grachtenfahrten.amsterdam. The force majeure clause includes any restriction or measure may be instated by government or other public authorities.
- Obligations of Users and Clients
- You undertake to share and/or send and/or disclose and/or provide only true, legal and lawful information at use of our website and services. We shall not be liable for any changes, modifications or cancellations of reservations may be occurring due to false information provided. V.O.F boatboys have legal obligation to disclose information to public and legal authorities where the purposes required by the Law. We reserve our right to take legal action in cases of fraudulent activities, and legal claims for any losses arising of fraudulent activities including legal costs and damages.
- You undertake to comply with all laws and regulation that may be relevant for the use of our services. By using our website, you undertake to not infringe any of our intellectual property rights for commercial and non-commercial use.
- You undertake to not use this website or any of its contents for any commercial or non-commercial use, either directly or indirectly.
- You undertake to not offer, advertise, represent any of our services, material and/or listings as your own, without our express permission granting you any of these rights.
- You undertake to act only in good faith; you shall not make any unsolicited email or call for any purpose other than use of our services or works related to scope of our services. Without limitation, you undertake to not make any false, fraudulent or speculative reservation.
- Client undertakes to acknowledge that third party listings, bookings and/or reservations made through this website constitutes as a separate contract which grachtenfahrten.amsterdam has no relation or not a party of, therefore, agrees to indemnify boat-rentals.amsterdam towards any claims, disputes, cause of actions, demands, recoveries, losses, damages, fines, penalties, or any other fees and/or expenses for, any claims brought towards third party listings, bookings and/or reservations, in excess of the liability described at terms and conditions.
- Client undertakes to indemnify grachtenfahrten.amsterdam against any claims, disputes, demands, losses, cause of actions, fines, penalties or any expenses resulting from actions of you, or actions caused by your conduct.
- Client understands that the some services offered may be related to third party, and therefore agrees to abide by the terms and conditions of third party or Partner. Any violation of such terms and conditions may be determined as a breach of contract and may result with the effects described in that contract.
- Obligations of Partner
- Partner undertakes to comply with all terms and conditions stated herein; Partner shall provide true, legal and lawful information to be listed at our website and/or collaborate with us. We shall not be liable for removal of any listing in the event of non-compliance with terms and conditions, or in the events of wrongful conduct, willful misconduct or wrongdoing. We reserve the right to remove any listing for the stated reasons without any prior notice.
- By creating a listing, Partner promises that all information provided related to listing are accurate, and therefore indemnifies us against any liability, dispute, claim, damage or loss arising from false information, misrepresentation or any wrongful conduct, willful misconduct or wrongdoing.
- Partner acknowledges the fact that grachtenfahrten.amsterdam acts as an intermediary or a third party to the Partner’s services, and therefore Partner is the sole responsible party for provision of boat rental or canal cruise services.
- We shall not be liable for the acts, omissions, errors, representations, warranties, breaches or negligence of Partners for any damage, financial damage, personal injury, death or expenses resulting therefrom.
- Partner shall insure listed boat/boats against any damages, disasters, risks, expenses and costs to the maximum required level by law.
- Partner declares to comply with all contractual obligations in good faith and shall not breach any contract and/or violate any law, regulation and statutes during the partnership. Partner undertakes to complete all registration and requirements required by law for use of listed boat, using boat as a transport vehicle and/or organize a touristic trip via this vehicle. The boats shall be preserved and maintained tour worthy, properly equipped all the time; before specified trips and during specified trips. Partner warrants Captain of the listed boat has necessary licenses and permissions for conducting such vehicle. Partner acknowledges in any event of non-compliance with this clause, we reserve the right to terminate Partnership agreement.
- We reserve our right to cancel any booking or reservation within 48 hours of confirmation takes place. In the event of cancellation due to availability or reasonable cancellation by Partner, the paid amount will be fully refunded (except the services fee) to the chosen payment method for reservation by Client, within 2 days.
- We have no liability or obligation towards any party in the event of cancellation due to reasons out of control, force majeure for refund of the reservation. We may assess and consider your cancellation request on reasonable grounds and we have the sole discretion to determine approval of full refund of the reservation amount.
- Cancellation policies can only be requested between 8am-10pm due to tight working schedule of our Partners. We have no liability for the rejection of cancellation requests in any event cancellation may not be confirmed before the reservation time. We pay attention to our customer values; we highly recommend that cancellation requests shall be made at least 72 hours prior to the reservation.
- Client can change a confirmed direct booking prior to 72 hours of the reservation, subject to availability and confirmation of Partner. Partner may impose fees for any changes upon the reservation. If you do not show up for the reservation without making any changes, you will lose your reservation and right of refund accordingly.
- If a Partner makes any modification or change on a reservation due to overbooking, the Partner shall provide a replacement offer or tour without any further payment. Partner has no liability for a refund in cases of overbooking.
- Client can only cancel a confirmed direct booking on legitimate and reasonable grounds, we have the sole discretion to assess and consider cancellation requests. Client agrees to pay any cancellation fee incurred. Cancellation shall be effective once the confirmation of cancellation reaches to Client.
- Cancellation policy and policy of change may be subject to varying circumstances.
- Intellectual Property Rights
- We are the exclusive owners of all intellectual property rights contained on this website. All of the materials are protected by copyright and trademark. All such rights are reserved.
- We have no liability if any of our Partners infringe any intellectual property right belonging to third parties.
- All our fees are subject to VAT, the amount of VAT can be displayed at invoice of payment for bookings. Our business is registered to VAT system, and can be checked through tax systems.
- The information and services published on this website may include inaccuracies or typographical errors. We do not guarantee accuracy of information and services contained on our website. We disclaim any liability for any issues related to inaccuracy of the information, photographs and materials. Changes are periodically added to the information herein.
- Nothing in this agreement shall, nor shall be deemed to limit or exclude our liability for wrongful conduct, willful misconduct or wrongdoing for personal injury or death caused by our negligence.
- Third party links and websites
- This website may contain links or references to other third party websites which are not operated by V.O.F boatboys. grachtenfahrten.amsterdam does not have any control on such websites, and therefore, carries no responsibility for the contents and shall not be liable for any damages occurring or arising from third party websites.
- Applicable law
- These terms and conditions and any dispute or legal claim and/or legal remedy shall be governed by and construed in accordance with the laws of the Netherlands and shall be interpreted according to principles of Dutch contract law. Use of this website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including, without limitation, this paragraph.
© 2021 V.O.F boatboys. All rights reserved.