Definitions
- In these terms and conditions the hereinafter mentioned expressions will be used in the following meaning, unless explicitly otherwise indicated:
- Jota: Jota Services, the user and maintainer of these terms and conditions or anybody representing Jota Services.
- Customer: person or persons who purchase services provided by Jota.
General
- These general terms and conditions apply to all offers, quotations and agreements between Jota and a Customer to which Jota has declared these general terms and conditions applicable, as far as these general terms and conditions haven’t been deviated by parties explicitly and in writing.
- Any deviations from these general terms and conditions are only applicable if and when they are agreed in writing.
- No general terms of purchase, nor any other terms or conditions put forward by the Customer are applicable.
- If any of the conditions in these general terms and conditions of Jota are null and void or becomes nullified, the remaining conditions will remain in full force. Jota and Customer will then confer with each other in order to agree upon new conditions in substitution of the null and/or nullified conditions, in which the purpose and intent of the original condition will be complied with as much as possible.
Offers and quotations
- All offers are free of engagement, unless the offer mentions a term of acceptance.
- Quotations made by Jota are free of engagement; they are valid for 7 days, unless otherwise indicated. Jota is only bound by the quotations if and when their acceptance by the Customer is confirmed in writing, unless otherwise indicated.
- Offers and quotations do not automatically apply to future orders.
Implementation of the agreement
- Weather conditions which obstruct and/or block the experience apply as a resolutive condition for all tours. Whether there are such weather conditions, lies within the discretion of the guide on duty.
- Jota is entitled to deny passengers who misbehave or are under the influence of alcohol or drugs.
- Customers shall follow all instructions given by Jota, or its representatives, strictly and without delay. Access to tours can be refused without reason given if and when this is considered necessary by Jota, for example in connection with capacity, safety, public order, imminent damage or hindrance.
Delay
- If the Customer is not present at the agreed time, additional costs made by Jota will be charged to the Customer.
- In case of exceeding the start time, the first fifteen minutes are at the expense of Jota Services. For any further fifteen minutes delay or part thereof the Customer shall pay additional time and additional costs for attendants, guides and other tour members.
- Large delays caused by the Customer can result in the cancellation of (parts of) the program, without any right to repayment for the Customer.
Payment
- On signing the agreement the Customer shall pay 50% of the total amount due in advance, unless mutually agreed otherwise.
- At least one week before the tour takes place the Customer shall pay the remaining 50% of the total amount due, unless mutually agreed otherwise.
- If the down payment isn’t submitted in time, Jota is entitled to annul the agreement without judicial intervention or proof of default, without the Customer being entitled to any compensation on that account. All this without prejudice to the rights of Jota.
- Any collecting fees shall be made fully at the expense of the Customer.
Cancellation by the Customer
- Refunds for cancellations made up to 14 days before the tour is due to take place will be 100%, minus non-refundable purchases such as tickets. These will not be refunded and are not covered by this policy, as they require to be purchased in advance.
- Refunds for cancellations made up to 7 days before the tour is due to take place will be 50%, minus non-refundable purchases such as tickets. These will not be refunded and are not covered by this policy, as they require to be purchased in advance.
- Cancellations within 7 days of the tour commencing will not be entitled to a refund
- Cancellation can only be submitted in writing.
Partial cancellation
- A reduction of the number of passengers or other alteration of the contents of the agreement has to be done in writing.
- A reduction in the number of passengers with a maximum margin of 10% of the original number of passengers can be introduced free of charge at least 48 hours prior to the tour. After the aforementioned time the last known size of the group applies.
- In the case of a reduction in the number of passengers of more than 10%, the cancellation conditions of apply.
- Additional passengers who are introduced within 48 hours before a tour will be charged an additional fair price. Getting extra tickets for venues or otherwise, cannot be guaranteed.
- Jota reserves the right to decide on the admittance of additional guests when the number of guests indicated in the quotation is being exceeded.
Liability of Jota Services
- Jota does not accept liability for loss of and/or damage to belongings of the Customer. The Customer takes responsibility for all of his or her belongings.
- Jota does not accept liability for loss as a result of death or injury of the Customer, except for loss caused by intent or gross negligence on the part of Jota.
- Jota does not accept liability for injury of persons or damage to belongings caused when entering buildings or exiting modes of transportation. The Customer enters buildings and vehicles fully at his or her own risk.
- Jota does not accept liability for loss due to delay at departure or delay during the tour.
- Jota does not accept liability for indirect or consequential loss.
- Notwithstanding the previous sections of this the liability of Jota is at all times limited to the amount that is paid out under the insurance policy of Jota Services.
- As far as Jota should happen to be liable for any loss which isn’t paid out under the insurance policy of Jota, the liability of Jota is at all times limited to the amount of the invoice.
Liability of the Customer
- The Customer is liable for damage to the belongings of Jota or any third-party caused by the Customer.
- The Customer is liable for loss suffered by Jota and for injury of the employees of Jota caused by the Customer or his or her belongings.
- All activities organized by Jota occur fully at the Customer’s own risk.
- The Customer indemnifies Jota against third-party liability.
Third party services
- Jota uses its best efforts to monitor service offerings, like restaurants, museums and the like as well as actions and comments, and will suspend privileges to any third party services not adhering to policies of Jota.
- By using this Site, you agree to report any alleged improprieties of any third party service to Jota.
Complaints
- Any complaints must be received in writing within 2 days after the tour, at the latest.
- Any complaints received after that time, or not in writing, will not be attended to.
Applicable law
- Dutch law is exclusively applicable to these terms and conditions and to all agreements made under these terms and conditions.
- Any dispute that may arise from these terms and conditions and/or agreements made under these terms and conditions will be exclusively brought to the competent court in the district of Amsterdam.
Safety
- At all times Customers must follow instructions given by the guide.
- If instructions are ignored, Jota has the right to break off the experience, this all without restitution of payment.