General Terms & Conditions
Welcome to our Website. Below are the general terms and conditions which apply when using our Website and all or any of our services. We advise you to read these general terms and conditions carefully and to regularly review our General Terms and Conditions for possible changes. By using our Website, you indicate that you accept these General Terms and Conditions. If you do not agree to all or any of these General Terms and Conditions, we advice you not to use this Website. Should you have queries, please feel free to contact us by sending an email to email@example.com. Thank you.
These General Terms and Conditions were last changed on 29 June 2017.
Capitalised terms shall mean the following:
“ADutchExperience” means the provider of an online platform as set out in Section 3 of these General Terms and Conditions.
“Experience” means an offline experience offered by a Host in the Netherlands booked through ADutchExperience.
“General Terms and Conditions” means these terms and conditions, as amended and supplemented from time to time.
“Host” means a person or legal entity that has been accepted by ADutchExperience to offer an offline experience in the Netherlands to a Guest.
“Guest” means a person who is interested to request a booking of a Host of ADutchExperience via the Website.
“Website” means the website of ADutchExperience.
- What do we offer?
2.1 ADutchExperience is online platform where travelers to The Netherlands can book an offline experience offered by selected Hosts. These experiences include a wide variety of guided tours around cities, nature hikes and bike excursions, food and drink tastings and classes that are available for Guests to take part in.
2.2. For the avoidance of doubt, we are not a travel agent or tour operator.
2.3 Although we maintain our Website, we do not warrant that our Website and/or our services will be uninterrupted or error-free. We may correct, modify, amend, change, enhance, or improve our Website and our services at any time or discontinue displaying or provide any content or feature without notice.
- Information about us
ADutchExperience is a sole proprietorship and has its statuary seat in Hilversum and is registered with the Chamber of Commerce in Amersfoort under number 66324394.
- Accessing our Website
- Reservation and payment
5.1 The Experiences are offered on the available dates as set out on our Website.
5.2 Once you have decided that you would like to book an Experience with A DutchExperience, you click on one of the available dates and the request booking button associated with the Experience you wish to book and fill in all the required information.
5.3 Your accepted reservation request will become confirmed once we have received payment from you. Payment is made quickly and easily through the Website via Paypal, Credit Card or Ideal. When making a reservation, you have to pay the full amount in advance which is stated on our Website.
5.4 ADutchExperience collects 25% commission fee from all Hosts on all confirmed bookings. This commission fee is automatically deducted from payout by ADutchExperience.
5.5 When a Guest books an Experience, ADutchExperience charges 3.9% of the booking amount as transaction charges. This charge is added to the total at checkout, and is only processed when the booking is confirmed. All prices are mentioned in Euro’s and are subject to value added tax, tourist or other visitors tax, which will be added to the total at checkout.
6.1 Cancellation by the Host offering ADutchExperience
Certain experiences may depend on factors outside either party’s control, such as, but not limited to, a sever illness or accident on the part of the Host, a minimum amount of participants or extreme weather conditions such as storm or snow. Please note, that as it often rains in the Netherlands, this will not be considered an extreme weather condition. The Host offering an Experience has the discretion as to whether outside factors will prevent the booked Experience from taking place.
With respect to weather conditions, the Host shall consult The Royal Netherlands Meteorological Institute (KNMI), which is the Dutch national weather service. Primary tasks of KNMI are weather forecasting, and monitoring of weather, climate, air quality and seismic activity. The KNMI uses international warning colours to indicate the impact of dangerous weather. The colour codes are green, yellow, orange and red. See for more information https://www.knmi.nl/over-het-knmi/about
In case the Experience gets cancelled due to colour code red, the Guest will receive a credit voucher for the same Experience. In the event the Guest is unable to use the credit voucher within two weeks after this has been issued to him, A DutchExperience may at the sole discretion determine whether the Guest shall instead be offered a refund in a manner as set out in Section 6.2.
If the Host offering an Experience cancels a conformed booking, the Host shall not receive payment and the Guest will be refunded the full paid amount. The Host will compensate ADutchExperience for the 3.9% transaction charges.
6.2 Cancellation by the Guest
In the event a Guest cancels a confirmed booking 28 days or more before the date of the Experience: the Guest will be refunded the full paid amount minus 3.9% transaction charges.
In the event a Guest cancels a confirmed booking more than 14 days but less than 28 days before the date of the Experience: the Guest will be refunded 80% of the full paid amount minus 3.9% transaction charges. In that event the Host of the Experience will receive 10% of the actual amount received by ADutchExperience from the Guest minus 3.9% transaction charges.
In the event a Guest cancels a confirmed booking within 14 days before the date of the Experience: the Guest will not be refunded. In that event the Host of the Experience will receive full payment.
6.3 Cancellation by ADutchExperience
In the event of a misleading representation or misconduct of a Host, we may decide, in our sole discretion, to cancel the confirmed booking. In that event the Guest will receive a refund equal the amount already paid and charge the Host with this amount.
- What do we expect from Guests?
7.1 Although we have regular site visits with our Hosts offering an Experience, we cannot guarantee or control the quality, safety, suitability, or usefulness of any Experience nor the conduct of any Host or Guest. You alone are responsible for deciding whether to list or book an Experience through ADutchExperience, and you do so at your own risk.
7.2 The offered Experiences are suitable for adults (18 years and above) having a normal health condition. The offered Experiences may not be suitable for children, elderly or disabled people. Please enquire with A Dutch Experience before booking an Experience whether the offered Experience is suitable for you.
7.3 Parents are responsible for ensuring children are supervised, and should be careful not to book any Experience that could prevent a risk to their children.
7.4 Certain Experiences require a minimum amount of participants in order for such Experience to be able to take place. If this is the case, this will be mentioned in the description of the respective Experience on our Website www.adutchexperience.com. If the required minimum Guests have not been reached the Experience will as a result thereof be cancelled and you will be refunded in a manner as set out in Section 6.1.
7.5 You are strongly recommended to take out adequate (personal travel) insurances, at the time of booking and the date of your Experience. It is your responsibility to ensure that the insurance you purchase is adequate and appropriate for your particular needs. Please be aware that for certain Experiences, such as, but not limited to, diving, waterskiing, sailing, an additional high risk insurance must be obtained. We advise you to inform with your insurer whether the offered Experience is covered by your insurance policy.
7.6 It is your responsibility to obtain valid visas (if necessary) and comply with all applicable health and custom requirements.
7.7 You are solely responsible for ensuring that your booked Experience is appropriate for you and any other members of your booking. If you are in any doubt as to the suitability of an Experience we recommend that you make your own further enquiries to verify suitability, inter alia, through making enquiries with the relevant Host. The contact details of the relevant Host are set out on our Website. By offering certain Experiences, we are not representing or warranting that engaging in an Experience is without risk.
7.8 Certain Experiences may be hazardous. In that event, you are required to follow the instructions of the Host offering the Experience.
8. What do we expect from our Hosts?
8.1 If you become a Host of ADutchExperience you agree that your relationship with ADutchExperience is limited to being that of an independent third party service provider. Under no circumstances shall the Host of ADutchExperience be an employee (werknemer), agent (vertegenwoordiger), joint venture or partner (vennoot of maat) of ADutchExperience. The Host of ADutchExperience shall act exclusively and on his own behalf and account (voor eigen rekening en risico). We do not have any rights to the services offered by the Host of ADutchExperience.
8.2 Hosts of ADutchExperience agree that once a request is confirmed by it, the Host is not allowed to request the Guest to pay a higher price than in the confirmed booking.
8.3 Hosts of ADutchExperience agree and warrant that they are able to provide the offered services.
8.4 Hosts of ADutchExperience agree and acknowledge that they are responsible for their own acts and omissions and are responsible for the acts and omissions of any Guests of the respective Experience.
8.5 Hosts of ADutchExperience are required to have adequate equipment and maintain their equipment in good working conditions. In all events, Hosts of the respective Experiences are required to comply with all applicable Dutch laws and regulations.
8.6 Upon reasonable request of ADutchExperience, the relevant Host of an Experience shall provide proof that the offered services for an Experience is in compliance with applicable Dutch laws and regulations.
8.7 ADutchExperience strongly recommends a Host to obtain appropriate and adequate Insurance.
9. Intellectual property
All text, graphics, editorial content, data, design, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, and other content that you see or read on this Website is owned by ADutchExperience, or is used with the permission of the owner of such property. You may not copy, download, use, redesign, reconfigure, retransmit anything from this Website without our prior written permission.
- Liability and indemnity
10.1 The services of ADutchExperience is limited to that of facilitating the availability of our Website, application and services as set out in these General Terms and Conditions. ADutchExperience shall not be responsible for any error, fault or mistake of any and all content and information received through us, including any Host or Guest.
10.2 The participation in any Experience hosted by the Host is at the Guests’ own risk (eigen risico) and ADutchExperience shall not be liable for any damages incurred by a Guest or Host.
10.3 In no event shall ADutchExperience be liable for any indirect or consequential damages (vervolgschade) of any kind, whether in breach of contract, negligence (schuld) or other tortious actions (opzet) resulting from or arising out of participation in any of the Experiences or the offering of the services as set out in these General Terms and Conditions.
10.4 The liability of ADutchExperience to a Guest is in any event limited to the amount paid to us by the Guest.
10.5 Except for our obligation to pay amounts to the applicable Host pursuant to these General Terms and Conditions, the liability of ADutchExperience to the applicable Host is in any event limited to the amount to paid by us to the Host in the 3 (three) month period prior to the event giving rise to the liability.
10.6 Each Host and each Guest shall indemnify ADutchExperience for any and all loss, liability, damages or expense which ADutchExperience suffers in connection with the obligations of each party under these General Terms and Conditions.
In case of a compliant, please contact us through firstname.lastname@example.org to resolve the problem. ADutchExperience will seek to find a reasonable solution.
- Governing law
These General Terms and Conditions are governed and construed by the laws of the Netherlands. In the event of any dispute, the courts of Amsterdam, the Netherlands shall have sole jurisdiction.
If you are a resident outside the European Union, you also agree to have any dispute in connection with these General Terms and Conditions, including the existence, validity and enforceability thereof, be mandatory resolved by final and binding arbitration by a single arbitrator. The Institute of Arbitration (www.euro-arbitration.org) will administer the arbitration under the SDR rules of arbitration, unless you inform us within one month after we have announced the application of this arbitration clause, that you desire to have the dispute be settled by the exclusive jurisdiction of the courts of Amsterdam, the Netherlands. The arbitration will be held in Amsterdam, the Netherlands. If the agreement to arbitration is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the courts of Amsterdam, the Netherlands.
These General Terms and Conditions constitutes the entire and exclusive agreement between you and ADutchExperience and supersedes and replaces any and all prior oral or written understanding or agreements you and ADutchExperience.
- Change of General Terms and Conditions
We can update these General Terms and Conditions at any time without prior notice. We will post the modification on our Website www.adutchexperience.com, applications, or services, which are effective upon posting. If we make any material changes we will notify the relevant Hosts by email. By continuing to access or use our platform after we have posted a modification, you are indicating that you agree to be bound by the updated general terms and conditions.