Terms and conditions Mey Tours & Beers
Article 1 General
Mey Tours & Beers is an independent contracter, registered at the Chamber of Commerce with number 65453956 and at the Dutch tax authorities with VAT number NL 1910.61.876.B.01 (hereinafter called: Mey Tours&Beers).
Article 2 Applicability
These terms and conditions are applicable to all services Mey Tours&Beers facilitates (hererinafter called: Events) to the other party (herinafter called: Other Party) and all legal relationships existing thereof.
Article 3 Prices and payments
Prices of the facilitated Events are listed at the website. Payments shall take place when booking the Events through payment methods as listed at the website or discussed via email. If a payment is not done according to the agreement, prior to the Event is taking place, Mey Tours&Beers has the right to exclude the Other Party from participating in the Events or to cancel the Events.
Mey Tours&Beers has the right to change her prices. If the price change entails an increase of 8% or more or if an increase takes place within three months after booking the Events, the Other Party has the right to terminate the agreement.
Article 4 Duty to inform
The Other Party shall inform Mey Tours&Beers of any medical and/or conditional limitations or other particular circumstances that could have an effect on participating in the Events. Mey Tours&Beers shall make an estimation whether the Events are suitable for the Other Party and shall make a genuine effort to accommodate particular circumstances, unless in all reasonableness and fairness this cannot be expected from Mey Tours&Beers.
Regardless of the effort Mey Tours&Beers has made to medical and/or conditional limitations or other particular circumstances, The Other Party is and remains responsible for participating in the Events. Mey Tours&Beers accepts no liability thereof.
Article 5 Alteration
Mey Tours&Beers is entitled to alter the Events. Mey Tours&Beers shall inform the Other Party about the alteration in writing. The Other Party is obliged to accept the alteration in reasonableness and fairness. In case of rejection of the alteration, the Other Party shall inform Mey Tours&Beers in writing why the Other Party believes that the extend of the alteration is cause for restitution.
Article 6 Cancellation
Mey Tours&Beers can only cancel due to grave circumstances which are immediately communicated to the Other Party. Mey Tours&Beers shall then offer another Tour of similar or better quality. In case the Other Party does not accept this offer, the Other Party has the right to restitution.
Grave circumstances are, amongst other things, when the number of registrations for Events is smaller than required and the Other Party has known about the required amount of registrations prior to the Events.
The Other Party can cancel the Events at all time with immediate effect. In case the Other Party cancels for a reason imputable to him/her, the Other Party shall compensate Mey Tours&Beerss losses. This compensation shall not be more than the price of the Events.
In addition both Mey Tours&Beers and the Other Party may cancel in case of force majeure. Force majeure is an abnormal and unforeseeable circumstance that is not depending on the will of the party invoking force majeure and which could not have been prevented by any precautions.
Article 7 Transferability ticket
The Other Party is allowed to transfer tickets to another person, provided that the Other Party shall inform Mey Tours&Beers about this in writing prior to the Events. The Other Party can only transfer the ticket to a person with equal abilities to participate in the Events, so it will not cause any inconvenience for Mey Tours&Beers.
Article 8 Refusal of participants and termination of Events
If the Other Party causes nuisance or inconvenience, he/she may be excluded from participating in the Events without the right to restitution. Excessive alcohol and/or drug abuse is reason to terminate the right to participate in the Events. Costs and/or damages due to nuisance or inconvenience being borne by the Other Party. Mey Tours&Beers has the right to recover these costs.
The Other Party shall obey by regulations and/or conditions set at the Events destination. Mey Tours&Beers shall clarify specific regulations and/or conditions on site in case this is necessary. The Other Party shall fill out any required forms and/or accept general terms and conditions on site. Rejecting to obey by regulations and/or conditions, filling out forms and/or accepting general terms and conditions may be reason to terminate the right to participate in the Events. Costs and/or damages thereof being borne by the Other Party. Mey Tours&Beers has the right to recover these costs.
Furthermore Mey Tours&Beers has the right to refuse participants in case Mey Tours&Beers deems it necessary in reasonableness and fairness. Mey Tours&Beers shall clarify and inform the Other Party about this refusal in writing.
Article 9 Bus Events
With regard to the bus Events, Mey Tours&Beers uses busses of IJmond Tours. IJmond Tours is affiliated with the umbrella organization “Royal Dutch Transport (KNV)”. The Other Party hereby declares to agree with the general terms and conditions of KNV Bustransport. These terms and conditions will be simultaneously provided with these terms and conditions.
Article 10 Intellectual property
Photos, films or other materials or records made by Mey Tours&Beers during the Events are property of Mey Tours&Beers. The Other Party permits the use of photos, films or other materials or records on which he/she is depicted. Mey Tours&Beers has the right to use, make public and/or multiply these photos, films, materials or records in any way Mey Tours&Beers sees fit. Mey Tours&Beers take proper care when doing this. The Other Party has the right to communicate in writing to Mey Tours&Beers that he/she does not wish for Mey Tours&Beers to make his/her photos, films, materials or records public.
Article 11 Privacy
Mey Tours&Beers shall act with due care in executing her Events and services. Events and participants to the Events shall not be discussed or shared on social media without permission or de-identifying extensively the source of such information.
Mey Tours&Beers shall record data with a maximum of one year after the Events takes place for reasons of keeping a customer base and reasons of marketing and has the right to carefully destroy data afterwards.
Data is recorded in line with the General Data Protection Regulation. The Other Party consents to processing of personal data. The Other Party can withdraw this consent at any time, and/or has the right to invoke his rights to access, inspect, forget, limit, rectify, object and or data portability.
Article 12 Liability
Mey Tours&Beers limits liability to the owed and paid invoice amount concerning the Events.
Liability for indirect or consequential damages are excluded. Mey Tours&Beers is not responsible for theft or loss of property.
All liability claims that have not been sent to Mey Tours&Beers by registered letter within a year after discovery shall be void unless in cases of intent or willful recklessness of Mey Tours&Beers.
The Other Party indemnifies Mey Tours&Beers for all claims of third parties in connection to the Events unless in cases of intent or willful recklessness of Mey Tours&Beers. Costs of defending such claims shall be borne by the Other Party.
Article 13 Complaint handling
Complaints about the Events or services of Mey Tours&Beers must be communicated in writing to Mey Tours&Beers within five days of occurrence of the complaint. Mey Tours&Beers shall give a detailed response within fourteen days after receiving the complaint. In case a complaint requires a longer processing term, Mey Tours&Beers shall give an indication of the duration in which the Other Party mag expect a detailed response.
Article 14 Applicable law and forum choice
All agreements and legal relationships between Mey Tours&Beers and the Other Party shall be governed by Dutch Law.
The terms and conditions are drafted in Dutch and English. In case of dispute, the Dutch version prevails and is binding.
Disputes that are not sufficiently settled through the complaint handling Claude in article 13, shall be submitted to the exclusive jurisdiction of the competent court of Amsterdam.