Terms & Conditions

Please note: Instead of operating bicycle tours ourselves, BikeTours.com represents local bicycle tour operators around the world. Review the tour operator's information and terms below, then submit your booking request through BikeTours.com. The primary benefits of booking your tour through BikeTours.com include:

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Contact us with any questions about booking and paying for your tour through BikeTours.com. We look forward to serving you!

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Boat Bike Tours Terms and Conditions

Cancellation
In the event of cancellation by the Customer, the following percentages shall be due:

• more than 84 days prior to sailing: 10%
• 84 to 42 days prior to sailing: 30%
• 42 to 28 days prior to sailing: 60%
• 28 to 1 days prior to sailing: 90%
• day of embarkation (no show) or later: 100%

Cancellation costs in % of the tour price (agreement)

Cancellation must be made by fax, with receipt to be confirmed by Supplier, or by registered mail. The date of cancellation shall be the date of receipt by the Supplier.

All changes are subject to a €25 change or rebooking fee.

Definitions
In these General Conditions, as well as in the related Agreement, the following terms shall have the following meanings: a. Supplier: The owner of the Ship or the tour operator b. Customer: Any person, whether natural or juridical, who enters into an Agreement with a Supplier.

c. Agreement: Any agreement that is entered into between a Supplier and a Customer, including any amendments and additions thereto, whereby the Supplier agrees to conduct a Tour aboard his Ship, and to which these General Conditions apply.

d. Guest: Any person, whether natural or juridical, who is authorized by the Customer to make use of the services of the Supplier. e. Voyage or Tour: The entire tour with inclusions as published, including stay aboard the Ship, taking place during the period set forth in the Agreement.

f. Luggage: Any luggage, consisting of easily transported or wheeled items, in the possession of a Guest. g. Ship: The Ship referred to in the Agreement. h. Price: Price of the Tour, as set forth in the Agreement.

Scope of Application
2.1 These Conditions shall form part of every Agreement. These Conditions shall also apply to the pre-contractual relationship between the Supplier and the Customer, as of such time as the Supplier has provided them to the Customer and the Customer has not objected to their application within 7 days thereof.

2.2 General conditions that conflict with the provisions hereof shall apply only if expressly accepted by the Supplier in writing and only with respect to the Agreement(s) concerned.

2.3 Amendments or additions to any provision of the Agreement or these Conditions shall be effective only if made in writing. 2.4 The Agreement and these Conditions constitute the entire agreement setting forth the rights and obligations of the Supplier and the Customer.

2.5 In the event of a conflict between the Dutch-language version of these Conditions and any version in another language, the Dutch-language version shall prevail. 2.6 In the event that any provision of these Conditions should be invalid, the remaining provisions shall continue to have effect. The invalid provision shall be replaced by a provision that approximates, to the extent possible, the intent of the invalid provision.

2.7 The contracting parties are the Supplier and the Customer. These conditions shall also apply between the Supplier and Guests, who are not parties to the Agreement between the Supplier and the Customer, and the Customer shall be responsible forensuring this. The Customer shall indemnify the Supplier for any and all liability of the Supplier vis-à-vis a Guest that would have been excluded if the Guest had been bound by these Conditions.

2.8 These Conditions shall also inure to the benefit of any legal or natural person upon whom, in the widest possible sense, the Supplier relies or has relied in the execution or performance of the Agreement or in the conduct of his business activities.

2.9 In the event of a conflict between the provisions of the Agreement and the provisions of these Conditions, the provisions of the Agreement shall prevail.

Liability of the Supplier
3.1 The liability of the Supplier to pay damages for death or personal injury pursuant to part 3 of title 10 of Book 8 of the Civil Code, shall be limited to the sum of EURO 136.134,= per Guest. In the event that such damages take the form of an annuity, the capital shall not exceed EURO 136.134,= per Guest.

3.2 The liability of the Supplier to pay damages for loss of or damage to Luggage shall be limited to EURO 1.000,=. Damage shall be limited to the current value of the Luggage. The Supplier shall have no liability for any non-pecuniary loss, indirect or consequential damages arising from the loss of or damage to Luggage.

3.3 The Supplier shall not be liable for any loss attributable to delay (irrespective of the cause thereof and whether arising before, during or after transportation), or to any deviation from the agreed upon time for starting and ending.

3.4 The Supplier shall have no liability for damages resulting from a thing, brought on board by a Guest, that the Supplier would not have permitted on board, had he been aware of its nature or character, if the Guest knew or should have known that the Supplier would not have permitted such a thing on board. The Guest shall be liable to the Supplier for any expenses and damages that may arise as a result of his having brought or having had such thing on board.

3.5 Without prejudice to article 6:107 Civil Code, in the event of personal injury suffered by a Guest, only that Guest shall have a cause of action for damages. Without prejudice to article 6:108 Civil Code, only the surviving spouse, children and parents who depended on the Guest for their support shall have a cause of action for damages. The value of the claims provided for in this section shall be based on the relative position and affluence of the claimant.

3.6 In the event that the Supplier proves that damage, loss or injury is attributable to the fault or negligence of the Guest, the Suppliers liability shall accordingly be set off, either completely or in part.

3.7 In the event that persons assisting the Supplier in performing his obligations render, at the request of the Customer or Guests, services that the Supplier is not obligated to perform, such persons shall be deemed have acted under the instructions of the Customer and/or the Guests to whom the services were rendered.

3.8 The Customer waives the right to set-off based on comparative negligence.

3.9 Should at the time of payment a dispute arise about the amount due, or a calculation be required for its determination which can not be carried out quickly, Customer shall be obliged to pay immediately that portion of the fee about which both parties agree and to furnish security for the portion disputed by the Customer, or the part of the sum which has not yet been determined.

3.10 All expenses incurred in collecting costs owed by Customer, whether legal or extralegal, are for account of

Liability of Customer and Guests
4.1 The Customer and the Guests shall be jointly and severally liable for any damage, loss or injury to the Supplier caused by the Customer, Guest or their Luggage. This shall apply to damage to the Ship, to injury and damage to any persons or property located on board, as well as to injury and damage caused by the Customer, Guests or their Luggage to persons or property not located on board the Ship, in the event such damages are sought from the Supplier.

4.2 The Customer shall not be entitled to rely on the Guests' own liability. 4.3 This article shall apply without prejudice to other or additional rights, including rights vis-à-vis third parties, of the Supplier.

Supplier
5.1 The Ship and its crew conform to the legal requirements.

5.2 Pursuant to the Agreement, the Supplier is obligated to use his best efforts to carry out the Tour. Supplier is entitled to cancel a tour when the number of applicants is less than the minimum number required as announced in the publication of the tour. Supplier shall inform Customer to this effect no later than four weeks before scheduled start of a tour, unless another period is announced in the publication of a tour (also refer to 5.7)

5.3 The sailing route shall be determined by the Supplier in consultation with the Customer.

5.4 The Supplier and/or the Captain shall at all times be entitled to decide that, as a result of weather conditions, high or low water, blocked sailing routes and similar conditions, including those relating to the Ship, the Ship cannot sail, or that it is necessary, in the broadest sense, to modify or cancel the Tour, or to change the place of departure or arrival.

5.5 The Supplier shall, in such case, make every effort to cooperate in finding an alternative or a solution, provided that any additional costs in connection therewith shall be reimbursed by the Customer. It shall be within the discretion of the Supplier to determine whether an alternative or solution is capable of being implemented and whether the Supplier can reasonably do so.

5.6 The provisions of this article shall also apply in event that the Supplier or Captain is forced to take one of the decisions referred to herein as a result of the actions or failure to act of one or more Guests, in the case of a delay, howsoever caused, and in the event the Supplier cannot reach the place of departure or arrival agreed to with the Customer.

5.7 Should the ship unfortunately be unavailable, Supplier shall attempt to replace it with a comparable Ship. Should this be impossible, Supplier shall be entitled to terminate the contract and cancel the Tour. Should Supplier terminate the contract due to a circumstance that can not be attributed to the Customer, Supplier shall offer Customer a Tour of comparable quality or an alternative tour of different quality with appropriate compensation of Price. Should Customer refuse to accept this offer, Customer shall be entitled to full refunding of the Price or remittance, or – should the tour already partially have been participated in – a proportional part of the price. Any liability on the side of the Supplier shall remain limited to the amount paid or due under contract by the Customer.

Obligations of Customer and Guests
6.1 The Ship shall be made available upon the commencement of the Tour, clean and with its complete inventory. Unless otherwise agreed, the Customer shall, no later than the day of debarkation, leave the ship behind in the same condition as he found it upon embarkation, i.e., clean, and with its complete inventory.

6.2 The Customer and the Guests must strictly comply with all requirements and instructions, whether prescribed by law or given by or at the behest of the Supplier or the Captain, in particular but not exclusively those relating to order and safety. In the event that such requirements or instructions are not followed, the Supplier shall be entitled to suspend performance or to rescind the Agreement.

6.3 The Customer and Guests shall not bring anything on board other than the Luggage.

6.4 The Luggage belonging to the Customer and Guests shall not constitute a nuisance. The Customer and Guests shall in no case be permitted to carry with them dangerous substances (in the broadest sense of the word), or to bring on board drugs or contraband. In addition, no pets or animals may be brought on board without prior permission.

Suppliers Right to Suspend Performance
7.1 In the event of non-performance, inadequate performance or late performance by or on behalf of the Customer, the Supplier shall in all circumstances be entitled to immediately suspend performance of his obligations under the Agreement, while reserving all remaining rights vis-à-vis the Customer, including any exclusion of Suppliers liability for damages.

7.2 The right to suspend performance shall include the Suppliers right to deny the Customer or any of the Guests access to the Ship.

7.3 In the event of non-performance, inadequate performance or late performance of these obligations by or on behalf of the Customer, followed by recourse by the Supplier to this right to suspend performance, the Supplier shall nevertheless be entitled to receive payment in the amount agreed upon, and shall not operate to the detriment of other or additional rights that the Supplier is entitled to enforce against the Customer pursuant to these Conditions and/or basic contract law.

Further Rights of Supplier
Access to the Ship, as well as to the Tour and the lodging and catering services, may be denied by the Supplier where necessary due to capacity, safety, public order, potential damage or nuisance, as well as in cases of past overdue invoices, all without prejudice to the other provisions of these conditions and reserving all remaining rights against the Customer, including any exclusion of Suppliers liability for damages.

 

Complaints
10.1 Complaints concerning invoices shall be made within fourteen days of the invoice date. 10.2 The Customer and/or Guest shall communicate any complaints concerning the performance of the Agreement to the Supplier and/or the appropriate personnel present immediately (during the trip), in order to give the Supplier the opportunity to take measures aimed at correcting any situation that is the subject of a legitimate complaint.

Rescission
12.1 In the event a. the Customer is declared bankrupt, makes assets available to creditors, submits a request for a moratorium on payments, has an attachment levied on all or part of his assets that is not lifted or placed in custodianship within ten days after the date of attachment; or b. decides to proceed or proceeds with the cessation or transfer of all or a significant part of his business activities, including the contribution of his business activities to an existing or to-be-established company, or changes the objects of his business enterprise; or c. fails in full or in part to fulfill any legal or contractual obligation vis-à-vis the Supplier, after having received written notice of default; or d. fails to pay any invoiced amount or portion thereof within the time period provided therefor, the Customer shall by operation of law be deemed to be in default, and any remaining payments shall immediately fall due.

12.2 Under the circumstances set forth in the previous section, the Supplier shall be entitled, without giving rise to any liability in damages and without prejudice to his other rights, such as rights relating to overdue fines, interest, and the right to demand damages, and without giving notice of default or seeking judicial intervention: a.to rescind the Agreement in whole or in part, by sending written notice to that effect to the Customer; and/or b.to demand immediate payment of any sums due to the Supplier from the Customer; and/or c.before performing the Agreement any further, to obtain from the Customer security for the (timely) performance of his payment obligations.

12.3 In the event that the Supplier elects to rescind the Agreement, the Customer shall pay liquidated damages consisting of the Price, or the amount of actual damage, if this exceeds the Price.

Force Majeure
In the event that the Supplier is prevented by force majeure of a permanent or temporary nature from performing of continuing to perform his obligations under the Agreement, the Supplier shall be entitled, without giving rise to any liability in damages, by giving notice to that effect and without judicial intervention being required, to rescind the Agreement in whole or in part, without prejudice to the Suppliers right to demand payment from the Customer for performance rendered prior to the commencement of the force majeure, or to suspend in whole or in part the performance or continued performance of the Agreement. The Supplier shall notify the Customer forthwith of any situation involving force majeure. In the event of suspension of performance, the Supplier shall retain the right to subsequently rescind the Agreement in whole or in part.

Applicable Law
14.1 Both the Agreement and these general conditions shall be governed exclusively by Dutch law. 14.2 Any dispute shall be submitted to the competent court in the district in which the Supplier has his place of business. In the event that the Customer is a Consumer, he shall be entitled, within one month, to designate a different court within the Netherlands.

All photos used by permission. ©Boat Bike Tours