Terms and Conditions "VIP CANAL TOURS"
1. Definitions
These Terms and Conditions include:
A. Services: The VIP CANAL TOURS, under these terms and conditions, offer and supply
services that are offered to the other party / client, of one or more trips with one or more vessels
for a number of persons, as further defined in the agreements concluded between these parties.
B. Client: The party to whom VIP CANAL TOURS has made an offer or with whom an
agreement has been entered into, as well as the persons / passengers for whom the other party
has entered into the agreement.
C. Contractor: VIP CANAL TOURS, which is commissioned by the client or provides services
as described above, hereafter referred to as "VIP CANAL TOURS".
2. Applicability of these conditions
A. These Terms and Conditions apply to all offers and agreements of VIP CANAL TOURS. Unless
otherwise agreed in writing, these terms shall be deemed to be accepted by the client of Private
Canal Cruises. These conditions can only be deviated from if VIP CANAL TOURS has confirmed this
in writing.
B. Anyone participating in the trips/services offered by VIP CANAL TOURS is considered to know
and agree with the contents of these terms and conditions.
C. These Terms and Conditions shall be treated as the permanently customary terms of Private
Canal Cruises and are deemed to be applicable on (future) follow-up and / or additional offers, as
well as agreements and / or the creation or execution thereof.
D. Any terms and conditions used by the other party shall not apply unless these are explicitly
accepted by VIP CANAL TOURS. Client documents that are signed by VIP CANAL TOURS in
which such conditions apply or are stated, do not apply as a written acceptance by Private Canal

3. Offers
A. Unless a period of validity is explicitly stated in the offer, all offers from VIP CANAL TOURS
are non-committal.
B. VIP CANAL TOURS reserves the right to refuse an assignment without mentioning reasons.
C. If VIP CANAL TOURS has started fulfillment, at the request of the other party, of a private
offer made by VIP CANAL TOURS to the relevant other party, the other party is deemed to
have, from the date of implementation with VIP CANAL TOURS, entered into an agreement in
accordance with the requirements of VIP CANAL TOURS's offer.
4. Establishment and implementation of the agreement
A. The agreement is established by written confirmation from VIP CANAL TOURS to the Client that
the assignment is accepted or by signing the agreement by the client's party. In urgent cases, the
agreement can also be concluded verbally. The client's party must pay the transfer and any catering
immediately, unless agreed differently with VIP CANAL TOURS. Payments must be signed by both
B. The client is not entitled to transfer the agreement with VIP CANAL TOURS without the prior
written consent of VIP CANAL TOURS in whole or in part to third parties.
C. VIP CANAL TOURS determines the manner in which the assignment is executed within the
limits of what has been agreed in writing by both parties.
5. Modified fulfillment
If, before or during the fulfillment of the agreement it appears that, due to unforeseen
circumstances, the agreement or a part thereof can only be carried out by implementing a change,
the party that is first aware of these circumstances shall consult with the other party. Private Canal
Cruises will indicate the financial consequences to the other party.
6. Changes
Changes to the agreement and deviations from these terms and conditions will only apply if they
have been agreed in writing between the parties. If changes lead to an increase or decrease in the
costs, resulting in a change in the price, these changes need to be agreed between the parties in
7. Cancellation by the other party
A. Under the conditions set out below, the other party is entitled to cancel the agreement that is
agreed between the two parties. Cancellation is made by a written, signed for notice to Private Canal
Cruises. The cancellation date is the date on which VIP CANAL TOURS receives the notice.
In case of cancellation, a percentage of the invoiced amount is due. This depends on the number of
weeks or hours prior to the booked trip.
Up to 3 weeks prior the booked trip: 10% is due
1 to 3 weeks prior the booked trip: 50% is due
2 to 7 days prior the booked tour: 75% is due
Within 48 hours of the booked trip: 100% is due
8. Payments
A. Payments by the other party to VIP CANAL TOURS must be made in accordance with the billing
terms on the invoice without settlement or suspension for any reason whatsoever. In the absence of
such conditions, payment must be made within fourteen days of the invoice date. If the payment
has not been received within the agreed term, then the other party is in default.
B. Objections relating to the invoice must be submitted in writing to VIP CANAL TOURS within
8 days after the invoice date.
C. VIP CANAL TOURS reserves the right to claim advance payment.
D. In case of non-cash payment, the date of payment is the date the account of Private Canal
Cruises is credited. For cash payment, only the receipt given by VIP CANAL TOURS is valid as
proof of the time of payment.
E. Payment must be made within the specified time limits. In the absence thereof the other party is
in default.
9. Costs in case of non-payment or non-timely payment
A. From the date of default, the other party is owed a contractual interest rate of 2% per month,
whereby part of the month is being counted as a whole month. Furthermore, Private Canal
Cruises is then entitled to suspend the fulfillment of the agreement. It is the client's party that is
accountable for all costs, both in and out of court, which VIP CANAL TOURS must incur as a
result of non-compliance with its obligations.
B. All costs incurred by VIP CANAL TOURS for the purpose of enforcing its rights, including all
extrajudicial costs in the event of the appointment of an authorized representative, attorney or
bailiff, shall be borne by the client.
C. The extrajudicial costs amount to at least 15% (excluding VAT) of the amount due with a
minimum of € 235, - (excluding VAT) per claim. If VIP CANAL TOURS can demonstrate to have
reasonably been required to make higher extrajudicial costs, these will also come for the account of
the other party. All costs incurred in judicial collection will be accountable to the other party
including those of the judicial execution.
D. VIP CANAL TOURS has, towards the other party who has not paid, without prejudice towards
its other rights under the terms and / or the law, the right:
To claim immediate payment in respect of the other party and/or demand security for the payment
of all current agreements;
Suspend its performance (s), also from other agreements with the other party, without prejudice to
her right to claim simultaneous or later security for the payment;
To dissolve the agreement in question, in whole or as far as not fulfilled in part, by a written
statement from VIP CANAL TOURS;
To dissolve one, more or all of the current agreements, in respect of which the other party is not in
default, in whole or as far as not fulfilled in part, by a written statement from VIP CANAL TOURS;
To demand payment in full, even if payment has been agreed upon in terms of the full amount.
E. Except in case of use of the right of dissolution, VIP CANAL TOURS may at any time change
its options from the rights mentioned in this article.
10. Price
All prices are inclusive of VAT and any other charges imposed by the government. All prices are
based on the circumstances that were applied, such as those at the time of closing the agreement.
If these circumstances change after the conclusion of the agreement, VIP CANAL TOURS is
entitled to change the prices, indicating more or less costs that are increasing or decreasing the

agreed prices by the amount with which the costs are increased or decreased. Among the
circumstances mentioned are: taxes domestic or foreign, wages, price and exchange rate
11. Confidential Information
The parties are obliged to secrecy regarding confidential information from the other party. Each
party will take all reasonable measures to fulfill the obligation as well as possible.
12. Co-operation from the other party
A. The client will provide VIP CANAL TOURS with all necessary information in a timely manner.
B. If the information required for the fulfillment of the agreement is not available to Private Canal
Cruises or not on time or not in accordance with the arrangements or the other party otherwise
fails to fulfill its obligations towards VIP CANAL TOURS, this may lead to suspension of the
compliance with the obligations of VIP CANAL TOURS. This may incur additional costs that will be
charged to the client.
C. The other party is obliged to follow up the instructions of (the employees of) VIP CANAL TOURS
immediately. Access to the boat and the jetty can be refused by VIP CANAL TOURS without
mention of reasons, if deemed necessary in connection with, for example, security and public order.
D. There can be no deviation from the starting time of the trip. The boat leaves at the agreed time.
The late or non-arrival of (part of) the passengers is at the the risk and account of the other party.
On request and then confirmed by written request by the other party, it is possible to wait until all
passengers are present. Deviations from the agreed departure time is entirely at the expense and
risk of the other party. The duration of the boat trip will then be shortened to the same length as the
delay that has taken place. In the event of a possible extension of the trip, the price will be
automatically and proportionally higher and will then be recalculation.
13. Objections
A. Objections are understood to mean all the other party's complaints regarding the fulfillment of the
agreement by VIP CANAL TOURS.
B. Objections can only be validly made if they are in writing and have been motivated and
submitted within 8 business days after the services / performances have been provided by
VIP CANAL TOURS, without prejudice to the provisions in the following articles.
C. Small variations considered in the daily traffic or in the fulfillment of the agreement cannot
provide grounds for objections.
D. The submission of objections does not suspend the obligatory payment from the other party.
E. If, within the above periods, the client has not objected, then the client deemed to have
approved the services and / or invoices provided. Failure of notification shall void all claims from the
other party.
14. Liability for damages
A. VIP CANAL TOURS is not liable for damage resulting from a defective or non-timely
fulfillment of the agreement, nor is it liable for any other direct and / or indirect damage or injury,
of the other party, unless such damage is the result of gross negligence, recklessness or intent.
B. In all cases where VIP CANAL TOURS is held for any damages, this will not be more than the
amount of the underlying contract VIP CANAL TOURS is due to invoice or has invoiced to the
client (excluding VAT).
C. After the objection period referred to in article 13, VIP CANAL TOURS is no longer liable for her
shortcomings, unless there is a written agreed warranty.
D. VIP CANAL TOURS expressly excludes all liability to all persons for which Private Canal
Cruises has enabled services.
E. The legal action of the other party for compensation for damages is void and is therefore not
admissible if it is set one year after fulfillment of the relevant agreement. The other party indemnifies
VIP CANAL TOURS for damages suffered by a third party in the fulfillment of the agreement
between the parties.
F. The other party is responsible and liable for the behavior of the passengers they brought on board.
The other party is required to take out any necessary insurance, at its own risk.
G. The other party is liable for damage due to the loss and / or damage of property and possessions
of VIP CANAL TOURS caused by the other party or persons for which the other party is liable.
15. Force Majeure
A. None of the parties are required to fulfill any obligation if this is prevented as a result of a
circumstance that cannot be blamed for its fault on anyone and is also, under the law, legally or by
accepted valid views not accountable for like storm damage, icing, natural disasters, impediment by
third parties, impeding measures of any government, war, strike, fire, malfunction and accidents in
third party companies, as well as shortcomings or force majeure of suppliers or third parties whose
services are used by VIP CANAL TOURS.
B. In case of force majeure or other circumstances of such a nature as to reasonably and in
fairness (further) compliance with the agreement cannot be required, the fulfillment of the
agreement will be suspended or, if such a suspension has lasted uninterrupted for at least three
months or as soon as it is clear it will last longer than three months, the other party may end (part
of) the agreement with immediate effect, without judicial intervention by means of a registered
letter to the other party. This right to termination expires if, before it has been used, the
commitment, whose compliance by force majeure was temporarily prevented, will still be met.
C. In case of termination of the agreement due to force majeure, the obligations of the agreement
are ended, provided that when the agreement has already been partially met by Private Canal
Cruises, the other party has to pay a proportionate share of the agreed price to VIP CANAL TOURS.
D. In cases of force majeure, the parties may not claim compensation from each other.
16. Suspension and termination
A. If, in the opinion of VIP CANAL TOURS, the creditworthiness of the other party might be a
reason for VIP CANAL TOURS to ask further security at any time or request for advance payment,
in case of failure of this, VIP CANAL TOURS has the right to suspend the agreement.
B. In the event that the other party fails to comply with one or more of its obligations in a timely or
proper manner or suspension of payment is requested or the other party is declared bankrupt or
access to its assets are wholly or partially lost, VIP CANAL TOURS has the right to suspend the
fulfillment of the agreement or to dissolve the agreement by a written declaration, to its own choice
and without prejudice to any right to reimbursement of her damage, costs and interest.
C. If VIP CANAL TOURS makes use of her jurisdiction referred to in the preceding paragraph for
suspension of the fulfillment of the agreement, this does not change the obligation to the other party
of payment of the fee agreed with VIP CANAL TOURS during the period VIP CANAL TOURS has
suspended the performance of its obligations.
D. The other party can only terminate an agreement when VIP CANAL TOURS, after a valid written
notice of default, whereby VIP CANAL TOURS is given a reasonable time to meet its obligations,
and VIP CANAL TOURS is still failing to comply with its obligations under the agreement in such a
way that the other party cannot reasonably be required to allow the agreement.
E. In case the agreement is terminated by VIP CANAL TOURS due to breach of contract by the
client, VIP CANAL TOURS retains the right to payment of the full agreed price.
F. The dissolution can only be done by registered letter to the other party; judicial intervention is
not required. If the other party at the time of the dissolution of the agreement has already
received (partial) fulfillment of the agreement, they can only partially dissolve the agreement and
only for the part that VIP CANAL TOURS has not yet fulfilled. Amounts that VIP CANAL TOURS
has billed before the dissolution in connection with what it has already fulfilled of the agreement or
delivered, will remain payable and will become immediately payable at the time of dissolution.
17. Proof
Except in the case of counterproof, agreements concerning these terms and conditions apply and the
resulting agreements are decisive in the administrative data of VIP CANAL TOURS.
18. Applicable law and disputes
These terms and conditions and all agreements issued by VIP CANAL TOURS are governed by
Dutch law. All disputes that may arise with regard to the explanation or fulfillment of these terms or
agreements will be submitted to the competent court in Amsterdam.
Amsterdam, January 2024