Terms & Conditions
With its registered office at the Van Walbeeckstraat 102 4, 1058 CZ Amsterdam, The Netherlands
Registered with the Chamber of Commerce under number 78656117
Article 1. Definitions
- In these general terms and conditions the following terms are capitalised and used in the following meaning, unless expressly indicated otherwise:
|Canna Cruise:||the other party to the Agreement with Lessee and user of the general terms and conditions within the meaning of article 6:231 under b of the Dutch Civil Code (Burgerlijk Wetboek).|
|Lessee:||the natural person or legal entity who has received an offer from Canna Cruise of who has entered into an Agreement with Canna Cruise and who is the other party to the Agreement with Canna Cruise within the meaning of Article 6:231 sub c of the Dutch Civil Code (Burgerlijk Wetboek).|
|Passengers:||Lessee and the natural persons who ride together with, or on behalf of the Lessee|
|Agreement:||the Agreement between Canna Cruise and Lessee on the basis of which Canna Cruise will pilot the Passengers around the canals in Amsterdam.|
|Ticket:||digital of physical ticket that gives the holder the right to the services of Canna Cruise on a specific date and time.|
|Parties:||Canna Cruise and the Lessee jointly and each individually “Party”.|
|Products:||all goods which are the subject of the Agreement|
- For the purposes of these general terms and conditions “in writing” shall also include communication by e-mail, fax or digital (for example via an online interface), provided that the identity and integrity of the content are duly established
- The present general terms and conditions are applicable to any and all proposals, Agreements and services of Canna Cruise, of whatever nature, unless this applicability is fully or partly expressly excluded in writing and/or unless expressly stipulated otherwise.
- Any general terms and conditions of the Lessee, by any name whatsoever, are expressly rejected. Deviations from and additions to these terms and conditions shall only be applicable if and to the extent that they have expressly been accepted by Canna Cruise in writing.
- Should Canna Cruise have permitted deviations from the present general terms and conditions for a short or a longer period of time, whether or not implicitly, then this shall not affect its right to demand direct and strict compliance with these terms and conditions as yet. The Lessee cannot derive any rights from the manner in which Canna Cruise applies the present terms and conditions.
- The present terms and conditions are equally applicable to all Agreements concluded with Canna Cruise for the implementation of which third parties must be relied on. Said third parties can invoke the present terms and conditions directly against the Lessee, including any exclusions of liability.
- Should one or more provisions of the present terms and conditions or of any other Agreement concluded with Canna Cruise be in breach of a mandatory statutory provision or any applicable legal provision then the relevant provision shall expire and shall be replaced by a new, legally permissible and comparable provision to be established by Canna Cruise.
- TThe Lessee with whom the present terms and conditions were contracted once is deemed to implicitly agree with the applicability of these terms and conditions to an Agreement concluded with Canna Cruise at a later date.
- In case of a discrepancy between the content of an Agreement concluded by and between the Lessee and Canna Cruise and the present terms and conditions the content of the Agreement shall prevail.
- Any and all proposals and offers of Canna Cruise are revocable and are made subject to contract, unless indicated otherwise in writing.
- A complex quotation shall not oblige Canna Cruise to deliver a part of the services included in the proposal or offer at a corresponding part of the price quoted.
- The scope of the Agreement shall exclusively be determined by the description of the services in the offer and reservation confirmation. If the acceptance deviates (on subordinate points) from the proposal included in the offer then Canna Cruise shall not be bound by the same. The Agreement shall in that case not be concluded in accordance with said deviating acceptance, unless Canna Cruise indicates otherwise.
- Clear errors or clerical errors in the proposal of Canna Cruise shall not bind Canna Cruise.
- The prices in the proposals and offers of Canna Cruise shall be exclusive of VAT, excluding import and export duties, and other taxes or levies that are imposed or levied in relation to the services, unless indicated otherwise.
- Proposals and offers shall not automatically be applicable to future Agreements.
- If the Lessee wishes to order a Ticket, the Lessee must follow the online ordering procedure. During the ordering procedure, the Lessee must provide certain personal details, including name, email address and phone number, that are necessary for the delivery of the Ticket. The Lessee guarantees that this information is correct and up-to-date.
- If the Lessee has purchased a Ticket from Canna Cruise, the Lessee will receive the Tickets on the provided email address. The Lessee is responsible for entering the correct email address.
- By purchasing a Ticket, an Agreement is concluded between Canna Cruise and the Lessee. Additional arrangements agreed on or changes made later shall only have binding effect on Canna Cruise if they have been confirmed in writing by Canna Cruise.
- When engaging in an Agreement between Parties, the Lessee will abide, and the Lessee will guarantee that the Passengers abide the following rules of conduct (which are also provided by Canna Cruise before or at the start of the canal cruise):
- by entering into this Agreement, the Passengers are acknowledging they are utilizing the services of Cana Cruise at their own risk and to indemnify Canna Cruise for any damages during the canal cruise;
- it is only allowed to sit down when the boat is in motion, other positions are not allowed;
- it is not allowed to throw waste overboard;
- the use of materials, which could damage the interior of the boat, is not allowed;
- the Passengers should at all times be aware of other boats on the water and of those, living in the area. Excessive noise of any other form of nuisance is not allowed;
- the Passengers are at all times bound to all instructions, given by Canna Cruise and its employees (including, but not limited to the skipper) and are obliged to follow these instructions accurately and without delay;
- the Passengers must keep their property and person inside the boat at all times during the canal cruise.
- The Passengers are liable for any damage they cause to Canna Cruise or others during the canal cruise and will indemnify Canna Cruise for claims as a result of damage caused by the Passengers.
- Canna Cruise seeks to perform the agreed services to be provided by it to the best of its knowledge and ability.
- Canna Cruise reserves the right to let third parties carry out certain (parts of the) services.
- Canna Cruise at all times has the right to use another boat than displayed or agreed upon in the (website) photos, offers and/or Agreements, on condition that such boat is also suitable for the amount of persons of the group for which the Lessee had made a timely reservation. In this case the Lessee has no right to any claim any form of compensation.
- Should the Lessee (and the rest of the Passengers) not be present (No-Show) at the agreed time and at the agreed location, Canna Cruise reserves the right to annul the Agreement. In that case Lessee owes Canna Cruise a compensation, which amounts to the agreed price.
- In case of a group reservation if one or more of the Passengers are not present at the agreed time and the agreed location, the Lessee may decide to wait for these Passengers. In that case the duration, route and/or length of the canal cruise will be shortened to match the original end time.
- It is the Lessee’s responsibility to provide Canna Cruise with the correct and complete information that is necessary, or of which the Lessee should reasonably be able to understand that this information is necessary for the execution of the Agreement. Possible damage and/of delay caused by an inability of the Lessee to provide Canna Cruise with the necessary information shall be borne by the Lessee.
- Once the reservation has been made, the Lessee cannot cancel the reservation or (in case of a group reservation) cannot lower the number of Passengers.
- The applicability of any approval period or cooling-off period is expressly excluded. Due to the nature of the services (leisure services with a fixed date), no approval period applies to the sale of Tickets, not even in the case of a consumer distance purchase within the meaning of Article 7:46a sub b of the Dutch Civil Code. The Lessee is therefore not entitled to revoke the Agreement.
- Complaints about the operation of the services can be submitted in writing by email to Canna Cruise: firstname.lastname@example.org.
- Complaints must be reported to Canna Cruise within 30 days after the complaint arose.
- Canna Cruise makes every effort to answer any complaints within 7 days and to deal with them satisfactorily within 30 days.
- Complaints that are not submitted in the manner mentioned in this article or within the period stated therein, will not be dealt with by Canna Cruise.
- If the Canna Cruise is liable for damage, such liability shall be limited to compensation of direct damage and to a maximum of the invoice amount of the reservation, or at least that part of the Agreement from which the damage arose.
- Direct damage is exclusively understood as:
- the reasonable costs for the establishment of the cause and the scope of the damage, to the extent that the establishment is related to damage within the meaning of these general terms and conditions;
- the possible reasonable costs incurred in order to have the defective performance of Canna Cruise comply with the Agreement, unless they cannot be attributed to Canna Cruise;
- reasonable costs incurred in order to prevent or limit damage, to the extent that the Lessee demonstrates that these costs resulted in limitation of the direct damage within the meaning of these general terms and conditions.
- Canna Cruise shall never be liable for indirect damage, including bodily harm, consequential damage, lost profit, lost savings, losses due to business interruptions and damage resulting from penalties imposed due to non-observance of execution (completion) times.
- Canna Cruise shall not be liable for damage, of any nature or any form whatsoever, in case it has departed from incorrect and/or incomplete information supplied by the Lessee.
- The limitations of liability for direct damage included in these general terms and conditions shall not be applicable if the damage can be blamed on intent or gross negligence on the part of Canna Cruise.
- Canna Cruise will not be obliged to comply with any obligation if they are prevented from doing so as a result of a circumstance that cannot be attributed to fault and that should not be for its account pursuant to the law, a legal act or in common opinion.
- Under these general terms and conditions, force majeure shall mean, in addition to the meaning thereof as laid down in the law and in case law, all external causes, anticipated or not anticipated, on which Canna Cruise cannot exert influence, but which prevent Canna Cruise from fulfilling its obligations. Circumstances involving force majeure shall include epidemic or pandemic, war, riots, mobilisation, domestic and foreign riots, government measures, strikes and lockouts by employees or threat of these and similar circumstances, business interruptions due to fire, natural phenomena and similar, prevention of the work by natural phenomena, weather conditions which are of such a nature that the services cannot reasonably be continued without endangering goods and/or persons, transport difficulties and delays in delivery as well as shutting down or suspending the work by order of a government body.
- Canna Cruise shall also be entitled to rely on force majeure if the circumstance that prevents (further) compliance occurs after Canna Cruise should have already complied with its commitment.
- The Parties will have the right to dissolve the Agreement in case of force majeure on the side of Canna Cruise, without any obligation to compensate the other Party for damage.
- To the extent that Canna Cruise has already partly complied or shall comply with its obligations on account of the Agreement at the time of the occurrence of force majeure and independent value can be attributed to the part complied or to be complied with respectively, then Canna Cruise shall be entitled to separately invoice the part already complied with or the part to be complied with respectively. The Lessee shall be obliged to pay this invoice as if it were a separate Agreement.
- Dutch law applies to all agreements concluded by Canna Cruise with the Lessee, unless parties have agreed otherwise in writing.
- Any dispute between Canna Cruise and the Lessee regarding the Agreement shall exclusively be submitted to the competent Dutch court in Amsterdam, unless a mandatory provision is against treatment by this court.
Article 2. Applicability
Article 3. Proposals and offers
Article 4. Purchasing Tickets
Artikel 5. Rules of conduct
Article 6. Execution of the Agreement
Article 7. Prices and price increase
Canna Cruise is entitled to adjust the price of the Tickets at any time. The changed prices are only valid for new Tickets.
Article 8. Payment
Payment is made by online payment (iDeal, credit card, debit card, PayPal or any other provided payment method). A Payment Service Provider will be used. Within the framework of the payment, Canna Cruise can share (personal) data of the Lessee with the Payment Service Provider. The payment terms of the Payment Service Provider apply to the payments made.
Article 9. Cancellation, approval period and right of withdrawal
Article 10. Complaints
Article 11. Liability
Article 12. Prescription and Limitation
To the extent not otherwise provided for in these general terms and conditions, any form of liability of the Canna Cruise, as well as any rights of action and other powers of the Lessee for whatever reason against the Canna Cruise in connection with the performance of the Agreement by the Canna Cruise shall in any event lapse by the expiry of twelve (12) months, commencing from the time the canal cruise has ended.
Article 13. Force majeure
Article 14. After-effect
The provisions of these General Terms and Conditions and of the Agreement, which are intended, either expressly or tacitly, to remain in effect even after termination of this Agreement, shall continue to apply thereafter and to bind both Parties.
Article 15. Amendment the general terms and conditions
Canna Cruise shall be entitled to make amendments to these general terms and conditions. These amendments shall enter into force at the time announced. Canna Cruise shall send the Lessee the amended terms and conditions in time. If no time of entry into force has been announced, amendments will take effect in respect of the Lessee as soon as they have been notified of the amendment.
Article 16. Applicable law and choice of forum