City App Tour BV is registered at the Chamber of Commerce under number 87895013 and is located at Kosterij 5 A, Room 2, in 1721 PN BROEK OP LANGEDIJK.
Article 1 - Definitions
- In these General Terms & Conditions, the following terms are used in the subsequent meaning unless indicated explicitly otherwise.
- Offer: Any written offer via the Website and the Application of the Seller to the Buyer to deliver the Products by the Seller to which these Terms & Conditions are inseparably linked.
- Company: the natural or legal entity that acts in the exercise of a profession or business.
- Consumer: The natural person who does not act in the exercise of a profession or business.
- Buyer: The Company or the Consumer that enters a remote Agreement with the Seller.
- Agreement: The remote purchase agreement that leads to the sale and delivery of Products and Services that the Buyer has purchased from City App Tour.
- Products: The Products offered by City App Tour are city tours with digital guides, which are provided by a mobile application.
- Seller: The provider of Product to the Buyer, hereinafter: City App Tour.
- Application: The mobile application of City App Tour, which gives the Buyer access to the Products and Services that the Buyer has purchased via the website or directly by means of the Application.
- Website: The Website used by City App Tour: cityapptour.com
- Services: City App Tour provides a mobile application for taking city tours.
Article 2 - Application
- These General Terms & Conditions apply to every offer of City App Tour and every Agreement between City App Tour and and a Buyer and applies to every Product offered by City App Tour.
- Before an Agreement/remote Agreement is concluded, these General Terms & Conditions are provided to the Buyer. If this is reasonably impossible, City App Tour will indicate to the Buyer in which way he can peruse the General Terms & Conditions, which in any case are published in the website of City App Tour. That way the Buyer can easily save this in a durable data carrier.
- In exceptional situations, it is possible to deviate from these General Terms & Conditions, if this is explicitly agreed upon in writing with City App Tour.
- These General Terms & Conditions also apply to supplemented, revised and subsequent agreements with the Buyer. Any possible General and/or Purchase Terms & Conditions of the Buyer are herewith explicitly rejected.
- If one or more provisions in these General Terms & Conditions are partly or entirely void or become annulled, then the rest of the provisions in these General Terms & Conditions remain in place and the void/annulled provision(s) shall be replaced with a provision with the same meaning as the original provision.
- Ambiguities about the content, explanation or situations that are not handled in these General Terms & Conditions need to be assessed and explained in the spirit of these General Terms & Conditions.
- If these General Terms & Conditions refer to she/her, this must also be understood as he/him/his, if and in so far that this is applicable.
Article 3 - The Offer
- All the offers by City App Tour via the Website and the Applications are free of obligation, unless it is otherwise indicated explicitly in writing. If the Offer is limited or valid under specific conditions, then it is explicitly indicated in the Offer.
- City App Tour is committed to the Offer only if the Buyer has already paid the due amount. Nevertheless, City App Tour has the right to reject an Agreement with a potential Buyer based on solid reasons.
- The Offer contains a meticulous description of the offered Product and the related prices. The description is that detailed so that the Buyer is able to make a good assessment of the Offer. Obvious oversights or errors in the Offer cannot bind City App Tour. Potential images and specific data in the Offer are only an indication and cannot be ground for any compensation or dissolution of the Agreement/remote Agreement.
Article 4 - Establishing the Agreement
- The Agreement is established at the moment that the Buyer has accepted the Offer of City App Tour by paying for the particular Product.
- An Offer can be executed by City App Tour via the Website and the Application.
- If a Buyer has accepted the Offer by concluding an Agreement with City App Tour, then City App Tour shall confirm the Agreement by e-mail.
- City App Tour is not bound to an Offer if the Buyer could have reasonably expected or should have understood or could have understood that the Offer obviously contains an oversight or a writing error. The Buyer cannot derive any rights based on this oversight or error.
- If the Buyer is a company, the right of withdrawal is excluded. If the Buyer is a Consumer, the right of withdrawal applies to a period of 14 days. If the Buyer, being a Consumer, explicitly waives the right of withdrawal, this right is excluded from the moment that the Buyer activates the product by means of the application.
Article 5 - Implementing the Agreement
City App Tour shall implement the Agreement according to its best insights and abilities.
Article 6 - Delivery
- If the commencement, progress or delivery of the Agreement is delayed, for example by the non-timely receipt of payment by City App Tour or that due to other circumstances beyond the control of City App Tour some delay occurs, City App Tour then has the right to a reasonable extension of the delivery period. All agreements regarding delivery periods never have strict deadlines. The Buyer must notify City App Tour in writing regarding the fault and provide City App Tour a reasonable period to still deliver the product. The Buyer is not entitled to any compensation as a result of delay.
- When purchasing through the Website, following the payment of the Products via the Application, the Buyer receives access to the purchased Products. The Buyer receives an e-mail with a QR Code and a link to the application.
- When purchasing via the Application, following the payment of the Products, the Products become visible and accessible for the Buyer in the Application.
- After the purchase, the Products must be activated by the Buyer within 30 days.
- Once the Buyer has activated the Products, the Buyer is able to use to Products for 24 hours.
- Updates and new versions of the Products are not included in the Agreement and need to be acquired separately.
Article 7 - Prices
The prices listed in the Offer include VAT, unless explicitley indicated otherwise.
Article 8 - Payment
Payment must be made in advance in the currency - used in the invoice - by means of the indicated method.
Article 9 - Dissolution
City App Tour shall be authorized to dissolve or have a third-party dissolve the Agreement without prior notice of default, if circumstances arise that are of such nature that compliance with the Agreement is impossible or cannot be demanded in accordance with the requirements of reasonableness and fairness as well as if circumstances arise that are of such nature that unaltered continuation of the Agreement cannot be expected in all reasonableness.
Article 10 - Liability
In the event that implementing the Agreement by City App Tour results in the liability of City App Tour vis-à-vis the Buyer or third parties, the liability is limited to whatever is specified in the Terms and Conditions of Usage.
Article 11- Claim
- The Buyer is not entitled to any claims regarding the Products unless - due to the fault of the Seller - the Buyer cannot utilise the Application at any time during the 30 days following the purchase of the Products and the Buyer can clearly demonstrate this.
- The Buyer must report the claim by e-mail to the Seller within 24 hours after the Buyer has ascertained that he or she cannot utilise the Application. The report must be sufficiently substantiated and/or explained before City App Tours can handle the matter. Claims can be reported via [email protected] under the subject of 'Claim' ('Complaint').
Article 12 - Force Majeure
City App Tour is neither liable if it cannot comply with its obligations by virtue of the Agreement resulting from force majeure situation as described in the Terms & Conditions of Usage nor can it be obliged to comply with any obligation if it is obstructed to do this resulting from a circumstance that is not attributable to it and is not at its expense pursuant to the law, a legal act or generally accepted opinions.
Article 13 - Complaints
- If the Buyer is not satisfied with the Products of City App Tour and/or has complaints about the Agreement (and/or its implementation), the Buyer is obligated to report these complaints as soon as possible, but ultimately within 14 calendar days after there was reason for reporting this complaint. Complaints can be reported via [email protected] under the subject 'Complaint'.
- The Buyer must substantiate and/or explain the complaint before City App Tour shall handle the complaint.
- City App Tour shall respond to the contents of the complaint as soon as possible, ultimately within 14 calendar days after receiving the complaint.
- The parties shall try to come to a mutual solution.
Article 14 - Applicable law
- Dutch law is applicable to any Agreement between City App Tour and the Buyer. Applying the Vienna Convention (CISG) is explicitly excluded.
- Dutch-language version of the content and meaning of these General Terms & Conditions will always be decisive for the interpretation of these terms and conditions. City App Tour has the right to unilaterally change these General Terms & Conditions.
- All disputes that may arise with regard to the Agreement between City App Tours and the Buyer will be submitted the competent court of Noord-Holland, located in Alkmaar, unless mandatory provisions result in submission to the competence of another court.