GENERAL TERMS AND CONDITIONS
The general terms and conditions of Lighttown Tours (KvK 84287462), hereinafter referred to as “Lighttown Tours”, with its registered office in (5641 TD) Eindhoven at Hofstraat 163.
Article 1 Definitions
1. Lighttown Tours: the party that, on the basis of these conditions arranges bookings;
2. Client: a natural person who books a booking with Lighttown Tours on the basis of an agreement;
3. Activity: a trip / experience in and around the Eindhoven area;
4. Booking: a reservation for an activity;
5. Participant: a natural person who participates in an activity;
6. Agreement: any agreement that is concluded between Lighttown Tours and a client;
Article 2 Applicability of general terms and conditions
1. The following terms and conditions apply to all offers, quotations, negotiations and agreements entered into by Lighttown Tours with a client whereby Lighttown Tours takes care of the bookings.
2. Deviations from these terms and conditions can only be agreed in writing.
3. The applicability of other conditions is expressly excluded by Lighttown Tours.
4. In the event of a conflict, special agreed obligations prevail over these general terms and conditions.
5. In the event that any provision of these general terms and conditions is void or destroyed, the other provisions of these terms and conditions will remain in full force and effect.
Article 3 Formation of agreements/change of agreement
1. An agreement is only concluded if and insofar as Lighttown Tours has sent an order confirmation or a signed agreement has been concluded and/or a confirmation email has been sent.
2. The offer from Lighttown Tours is deemed to correctly and completely reflect the agreement between the parties.
3. Changes to the agreement are valid if they have been agreed in writing. After the start of the agreement, changes are stated by the client and implemented by Lighttown Tours if they have been confirmed in writing by Lighttown Tours.
4. There are costs associated with changing the booking. The change costs will be charged 1 on 1 to the client.
Article 4 Payment
1. The client is deemed to know the rates charged by Lighttown Tours and to agree to them.
2. The prices are stated in the currency chosen by the client, including VAT, unless expressly indicated and/or agreed otherwise in writing.
3. Lighttown Tours will charge the full booking amount directly at the time of booking.
4. With a credit card payment, the transaction costs are for the account of the client.
Article 5 Cancellation
1. In the event of cancellation of the agreement (booking) due to causes on the part of the client, the client is obliged to reimburse all reasonable costs incurred by Lighttown Tours, as well as to compensate all financial consequences for Lighttown Tours due to the non-payment execution of the agreement.
2. When the agreement is concluded, the time and period to which the booking relates will be determined in mutual consultation and recorded in the agreement. If the client does not take the reserved booking at the agreed time and for the agreed period, the client is nevertheless obliged to pay the full amount.
3. In the event of a partial cancellation (such as, among other things, a reduction in the number of people), the prices will be adjusted according to the number of participants participating in the activity (see also article 4 amendment agreement).
4. Without prejudice to the foregoing, the client can cancel in writing before the time of the activity. The client will owe the following compensation: • 50% of the booking amount, if the cancellation takes place between 7 days and 1 day before the date of the activity; • 100% of the booking amount if canceled within 1 day before the date of the activity.
Article 6 Suspension and dissolution
1. Lighttown Tours has the right to suspend the execution of the agreement until further notice or to dissolve the agreement in whole or in part if one of the following situation(s) occurs. The foregoing does not require notice of default and no judicial intervention, nor is Lighttown Tours obliged to pay any compensation or guarantee in the event that: a. the client does not properly, timely and/or fully fulfill the obligations arising from the agreement(s) concluded with Lighttown Tours; b. there is reasonable doubt as to whether the client is able to fulfill the obligations arising from the agreement(s) with Lighttown Tours; c. bankruptcy of the client, suspension of payments, debt restructuring or shutdown, liquidation or full or partial transfer of the company of the client.
Article 7 Liability
1. Barring intent or willful recklessness on the part of Lighttown Tours, any liability for direct or indirect damage suffered during or through the execution of the agreement, or due to defects in bookings delivered by Lighttown Tours at the client or third parties , excluded. Indirect damage is expressly but not exclusively understood to include trading loss, loss of profit, immaterial damage, static damage, consequential damage (also with third parties) and other forms of financial loss, including all possible claims from third parties, in the broadest sense of the word.
2. If and insofar as Lighttown Tours is liable for any damage, the liability of Lighttown Tours is expressly limited to the invoice amount of the booking up to a maximum amount of € 250.00. The client is deemed to be adequately insured for the excess.
3. Lighttown Tours is not liable for compensation of any damage if the client fails to fulfill any obligation towards Lighttown Tours at the time when the event causing the damage occurs. The provisions of the previous sentence do not apply if there is intent or deliberate recklessness on the part of Lighttown Tours in the execution of the agreement.
4. The client indemnifies Lighttown Tours against any claims from third parties on account of the services/activity provided by Lighttown Tours.
5. The client and the parties (persons) affiliated with the client all participate in the Lighttown Tours activity at their own risk.
6. Any liability expires after one year from the date of damage.
7. Lighttown Tours advises the client to take out (travel) insurance. Such insurance is not included in the booking.
Article 8 Weather
1. If the weather poses a security risk, Lighttown Tours may cancel/terminate the activity both before and during the activity. If this happens before the start of the activity, a refund will follow. If this happens during the activity, it will be prorated.
Article 9 Privacy
1. Lighttown Tours will not register more information than is strictly necessary for the booking. Lighttown Tours relies on the systems used for bookings.
2. Lighttown Tours will guarantee the obligations under the AVG, but is dependent on third parties. The Client indemnifies Lighttown Tours with regard to third-party liabilities with regard to the GDPR.
3. After the activity, the client (and the contact person during the activity) will receive an aftersales e-mail from Lighttown Tours to write a review about the activity and Lighttown Tours.
Article 10 Applicable law
1. All transactions and agreements to which these terms and conditions apply and the resulting legal relationships are exclusively governed by Dutch law.
2. All disputes arising from or related to an offer or agreement from or with Lighttown Tours will be settled exclusively by the competent court of the East Brabant District Court.
Article 11 Final provisions
1. Lighttown Tours is authorized to make changes to these general terms and conditions. These changes will come into effect at the time announced by Lighttown Tours. Lighttown Tours will send the amended terms and conditions to the client as soon as possible.
2. The Dutch text of these general terms and conditions is always decisive for the explanation and interpretation thereof.