Terms and Conditions
In these terms and condition, the following definitions are used:
- User: Tram Restaurant Hoftrammm, user of these terms and conditions
- Customer: the natural person who does not act in the conduct of a profession or business and who enters into an agreement at distance with the user;
Article 1 Exclusion of the right of withdrawal
Tram Restaurant Hoftrammm would like to point out that any reservations you book are legally final. The right to withdrawal (the period to changed your mind) of 14 days is not applicable to the agreements that you enter into with Tram Restaurant Hoftrammm.
Article 2 General
1. These terms and conditions are applicable to every offer, quote and agreement between user and a Customer, for which user has declared these conditions applicable, insofar the parties have not explicitly and in writing deviated from these conditions.
2. The agreement can be entered into at a distance electronically by booking on the website www.hoftrammm.nl or at www.tramrestaurant.nl. Once booked, one will receive a “ticket to taste”.
3. The confirmation is based on the information given to Tram Restaurant Hoftrammm by the Customer at the time of the booking. The confirmation is expected to represent the agreement truthfully and completely. In deviation of the previous paragraph and before the agreement at distance is entered into, the text of these terms and conditions can be made available to the customer electronically, in such a way it can be easily be saved on a durable data holder by the customer. If this is reasonably not possible, it will have to be pointed out where the terms and conditions can be noted electronically and that, if requested by the Customer, they will be sent to them electronically or in a different manner free of charge.
4. The present conditions are also applicable on every agreement with the user, which requires a third party for execution.
5. Any deviations on these terms and conditions are valid only if they are agreed to explicitly and in writing.
6. If one or more provisions in these general terms and conditions are void or annulled, the remaining provisions of these terms and conditions will remain completely applicable. User and customer will then enter into consultations, in order to agree upon new provisions to replace the void or annulled ones which, in case and to the extent possible, observe the goal and the scope of the original provision.
Article 3 Offers and bookings
1. In case an offer has a limited validity or is made under conditions, this will be mentioned in the offer explicitly.
2. The offer includes a full, concise and accurate description of the services offered. The description is detailed enough to allow a good assessment of the offer by the Customer. If the user uses imagery, these must be a veracious representation of the offered services. Obvious mistakes in the offer do not bind the user.
3. Every offer includes such information, that it is clear to the Customer what the rights and obligations are, that are bound to the acceptance of the offer. This concerns, in particular:
· the price including taxes;
· the way in which the agreement comes about and which activities are required to make it happen;
· the method of payment, delivery and execution of the agreement;
· the term for acceptance of the offer, or the term in which the user guarantees the price;
· Tram Restaurant Hoftrammm only takes into account bookings made by people of 18 years or over.
4. Tram Restaurant Hoftrammm reserves the right to decline a booking without reason at any time.
5. After the reservation you will immediately receive a digital confirmation (your Ticket to Taste). Should you not have an email address, you will receive a confirmation by post, as well as an invoice. The confirmation and invoice should be checked for correctness immediately after receipt. Any mistakes should always be expressed in writing, within 10 days after the date on the confirmation/invoice at the latest and always before the visit takes place. If you have not received the confirmation/invoice within 2 days after the booking, you must contact Hoftrammm as soon as possible by emailing at firstname.lastname@example.org.
Article 4 The agreement
1. The agreement comes into effect, subject to the point in paragraph 4, at the moment of acceptance of the offer by the Customer and the corresponding conditions have been met.
2. If the Customer has accepted the offer electronically, the user immediately confirms the receipt of the acceptance of the offer electronically as well. As long as the receipt of this acceptance has not been confirmed by the user, the Customer can dissolve the agreement.
3. If the agreement is established electronically, the user will take the necessary technical and organisational measures to ensure the safe electronic transfer of data and he will ensure a safe web environment. If the Customer pays electronically, the user will ensure the appropriate safety measures.
4. The user can – within legal boundaries – gather information to ensure the Customer can satisfy his payment commitments, as well as all of those facts and factors that are of interest for entering into an agreement at distance. If the user has good grounds for not entering into the agreement based on this investigation, he is legally motivated to decline a booking or request or to add special conditions to the execution of the agreement.
5. The user will send the Customer the following information with the product or service, in writing or in such a manner that it can be saved in an accessible manner by the Customer;
a. The boarding point at which the Customer has to announce himself
b. A summarised version of these conditions and a clear notification of the exclusion of the right to withdrawal.
c. The data that are gathered according to article 4, paragraph 3 of these conditions, unless the user has already provided these data to the Customer before the execution of the agreement;
Article 5 Execution of the agreement
1. User will execute the agreement to the best of his abilities and according to the demands of good practice and workmanship.
2. It is only possible to book a table for an even number of guests.
3. The ride will take approximately two (2) hours and the route may be changed at any point. There are no stops during this ride.
4. If and as long as a good execution of the agreement necessitates it, the user has the right to let certain work be done by third parties.
5. The Customer has the responsibility to ensure that all data is submitted in a timely manner, of which the user indicates that they are necessary or for which the Customer should reasonably understand that they are required for executing the agreement. If the data required for the execution of the agreement are not provided to the user on time, the user has the right to suspend the agreement and/or charge the Customer for any extra costs that are incurred by the delay, at the usual rates.
6. The user is not responsible for damage, of any kind, that is caused by the user assuming that the data the Customer has given him were truthful, unless this incorrectness or incompletion should have been obvious to the user.
Article 6 Prices and tariffs
1. During the validity that is noted in the offer, the prices of the offered services are not raised, except for price changes due to differences in VAT rates.
2. Price increases within three (3) months after the realisation of the agreement are only allowed in case they are the result of legislation or regulation.
3. Price increases after three (3) months after the realisation of the agreement are only allowed in case the user has stipulated this and:
a) They are the result of legislation or regulation; or
b) The Customer is authorised to suspend the agreement from the day at which the price increase is in effect.
Article 7 Terms
1. Specified terms can never be considered a deadline, unless the parties have explicitly come to a different agreement in writing.
2. If the Customer defaults his responsibilities after the reasonable term that was stipulated by the user, the Customer is legally in default and the user has the right to, in writing and with immediate effect, without prior or further notice, without legal intervention and without compensation for damages, costs and annuities, dissolve the agreement fully or partially.
3. The provisions in this article leave the obligation of the Customer to fulfil the agreed, stipulated or due price, as well as any storage costs and/or other costs, unimpeded.
4. The user is authorised to, regarding the fulfilment of financial obligations of the Customer, request prepayment or security from the Customer, prior to delivery of services.
Article 8 Suspension and termination
1. User is authorised to suspend the fulfilment of his obligations or to dissolve the agreement, if:
- The Customer does not fulfil the obligations in the agreement at all, or not fully.
- The user has gained knowledge of circumstances after entering the agreement, which give good grounds for fear of the Customer not fulfilling his obligations.
- If there are good grounds for fear that the Customer can only fulfil partially or not properly, suspension is only allowed to the extent which the deficiency allows.
- Customer is asked to provide security for the fulfilment of his obligations in the agreement when entering the agreement and this security is not provided or is insufficient.
2. Furthermore, the user is authorised to dissolve the agreement (or have it dissolved) if there are circumstances, which are of such a nature that honouring the agreement is impossible or cannot be executed to reasonable measures and fairness can no longer be expected, or if other circumstances present themselves, which are of such a nature that unaltered preservation of the agreement cannot reasonably be expected.
3. If the agreement is dissolved, the receivables of the user from the Customer are due immediately. If the user suspends the fulfilment of obligations, he keeps his rights under the law and the agreement.
4. User always reserves the right to claim damages.
Article 9 Liability
1. If the user is liable, then this liability is limited to that which is governed by this provision.
2. If the user is liable for direct damage, then that liability is limited to the amount to be paid for a particular occurrence, which is assessed by the user’s insurer.
3. User is never liable for indirect damage, such as cause damage, lost profits, missed savings and damages because of business interruption.
4. The limits to liability for direct damages that are included in these terms and conditions are not valid if the damage is caused purposefully or due to gross negligence by the user or his staff.
5. Tram Restaurant Hoftrammm assumes no liability for:
- Theft, loss or damage of any kind, during or because of a ride;
- The tram not being able to ride due to any possible reason.
6. The Customer and those that are with him or her, are jointly and severally liable for all losses and/or damage that Tram Restaurant Hoftrammm and/or third parties incur, whether or not this was caused by act or omission by themselves or by third parties that are on the tram because of them, as well as for any damages caused by an animal and/or thing that are under them.
Article 10 Force Majeure
1. The parties are not required to comply with any contractual obligation if they are prevented from doing so as a consequence of a circumstance not attributable to fault and which is not regarded as their responsibility by virtue of the law, legal action or generally accepted standards.
2. Force majeure is considered, in these general terms and conditions, as well as what is considered force majeure in legislation and jurisprudence, all things caused from the outside, foreseen or not foreseen, which the user cannot influence, or where the user is not able to fulfil the obligations. This includes any work strikes in the user’s company.
3. Insofar as the user, during the onset of the force majeure, has partially fulfilled his obligations from the agreement or will be able to fulfil them, and the fulfilled or the to fulfil part respectively has accrued its own, independent value, user has the right to separately invoice the fulfilled or the to fulfil part respectively. Customer is obliged to fulfil this invoice as if it were a separate agreement.
Article 11 Disputes
1. Dutch law is applicable to every agreement between user and the Customer.
2. Parties will first appeal to the courts after they have made efforts to the extreme to settle a dispute in concerted efforts.
Article 12 Cancellation (individual booking)
1. In case of a cancellation of a booking at least 10 days prior to the dinner ride, you can choose between receiving a refund of the paid amount or a gift coupon with the same value as the paid amount.
2. In case of a cancellation of a booking between 10 days and 24 hours prior to the dinner ride, you will receive a gift coupon with the same value as the paid amount.
3. Within 24 hours prior to the dinner ride, it is not possible to cancel the ride and your booking will be deemed final.
4. In case of extreme weather, it could happen that Tramrestaurant Hoftrammm is not allowed to ride. In that case all passengers will be informed.
Article 13 The Uniform Conditions for the Hotel and Catering Industry (UVH)
1. The Uniform Conditions for the Hotel and Catering Industry (UVH) are applicable to all agreements entered into with us. These are available to be viewed with us, or can be sent to you free of charge if requested. The UVH are binding for everyone who uses our services. In addition, the General Terms and Conditions of Tram Restaurant Hoftrammm are applicable, which can be found at: https://www.khn.nl/uvh-nl
For exclusive rental, additional conditions may be applicable.