Stand: 14. Nov. 2014
These conditions apply to every offer, quotation and contract between R.O. Tours,hereafter referred to as: “ROTours”, and a Counterparty for which RO Tours deems these conditions as applicable, unless parties have explicitly agreed in writing to
These conditions also apply to contracts with RO Tours,for which
RO Tours has to engage services by third parties.
These general conditions are also drawn up for RO Tours
staff and management
Applicability of possible different purchasing or ot her
conditions of the Counterpart are explicitly ruled out.
In case one or more terms of these conditions at any time
would be declared null or void, all other terms of these
conditions will still apply. RO Tours and Counterpart will
then negotiate new terms to replace the terms declared
null or void taking into account the purpose and significance
of the original terms as much as possible.
If there is ambiguity surrounding the interpretation of one
or more terms of these conditions, interpretations will have
to follow the‘spirit’of these terms.
If a situations occurs between parties which is not covered
by these conditions, this situation will have to be settled in
the spirit of the general terms and conditions
If RO Toursdoes not always demands the strict
application of these conditions, then this does not infer that the conditions do not apply or RO Tours in any way or to any extent would
lose its right to demand strict application of the terms of these conditions
Article 2 Quotations and offers;changes and cancellations
All quotations and offers by RO Tours are without
engagement, unless a date for its acceptance has been
specified in the quotation. A quotation or offer expires if
the product or service the quotation refers to is no longer on offer.
RO Tours cannot be held to its quotations or offers if
Counterpart can reasonably understand the quotations or
offers, or part of it, contains an apparent
Prices mentioned in quotations or offers are inclusive of
VAT and other government levies, and possible expensive
incurred in the framework of the contract, including
expenses for travel, accommodation, postage and
parcelling, administration, unless specified otherwise.
If acceptance deviates (even on minor points) of the
services specified in the quotation or offer,RO Tours
is not committed to deliver. The contract cannot be enforced in
accordance with this deviating acceptance, unless RO Tours
A combined quotation of multiple services does not oblige
ROTours to carry out part of the order according to the
Offers or quotes do not automatically apply to future orders.
Duration of contract; execution and changes of contract; price changes
Contract between RO Tours and counterpart is agreed for
specified time, unless the nature of the contract implies
otherwise or if parties explicitly agree differently in writing.
For the delivery of services by RO Tours a specific date and
time is agreed upon. Changes in time and place are possible if mutual agreed. RO Tours reserves the right to charge extra costs for this
Cancellation of the agreement is possible without costs up
and until one month prior to the agreed day of delivery.
For cancellations with in 1 month , but more than 14 days
before the agreed date will incur a cancellation charge of 50% of the agreed price
. Cancellations within 14 days
before the agreed delivery date incur a cancellation charge
of 100% of the agreed price.
4.In case of force majeure on the part of the Counterpart,
like accidents or death, the contract can be cancelled without any charges
Cancellation must be made in writing mentioning the date
RO Tours does not accept any liability for any costs
already incurred by Counterpart, like insurance premiums, in
case of cancellation of a contract
RO Tours has the right to involve third parties for certain activities
If RO Tours needs certain data from Counterpart for the
execution of the contract, delivery cannot start no sooner than Counterpart has correctly and fully supplied these data to RO Tours
If during the execution it becomes necessary to change or
complement the agreement for the benefit of an orderly execution of it
– e.g. weather conditions
-parties will adapt the contract forthwith in mutual agreement. If the nature,scope or content of the contract is changed at Counterparts request, upon Counterparts directions or otherwise by proper authorities, in such a way that the agreement is changed qualitatively or quantitatively, this can have consequences for the originally matters agreed.Therefore the originally agreed price can be adjusted
upward or downward. RO Tours will quote the price change
–if possible – prior to the delivery date.
A change in the contract can imply a change in the delivery date and
time. Counterpart accepts the possibility of a change of the contract, including changes in price and delivery date
If a contract is changed – including additions–RO Tours
is within its right to execute the changes only after anauthorised person with RO Tours has agreed to the changed price and conditions, including new date and time of delivery
Not immediately executing the changed contract does not in any way result in a failure on RO GENERAL TERMS AND CONDITIONS OF R.O.TOUR S ROTTERDAM FOR CONSUMERS 7 August 2010
Tours part and is gives no grounds for Counterpart to cancel the agreement
RO Tours can refuse a request for a change of contract,if it can have possible consequences for the quality or quantities of the services involved, without resulting in a failure on RO Tours part
If Counterpart fails to comply with its obligations towards RO Tours,
Counterpart is liable for all damages (includingexpenses) on the part
RO Tours incurred as a direct or indirect result of this failure
If RO Tours a the time of signing of the contract agrees to a certain price, RO Tours neverthe less has the right to increase the price under the following conditions, even when the original price was quoted unconditionally
-If the price increase is a result of a change in the contract;-
If the price increase results from a legal right of RO Tours or
a legal obligation RO Tours has to adhere to;-In other cases, if Counterpart is not acting in a professional capacity or as a business
or a profession, is entitled to rescind the agreement by written statement if a price increase exceeds 10% and takes place within
three months after concluding the agreement, unless
RO Tours is then still prepared to carry out the agreement on the b
asis of the originally agreed terms, or if it was agreed that the execution of the agreement would take place more than three months after the conclusion of the agreement.
RO TOURS reserves the right to change or cancel the programme, for reasons of its own business logistics or those of third parties.
RO TOURS is obliged to inform the Counterpart immediately is such change is deemed necessary
Cancellation, as implied in article 3.14, results in an
obligation on the part of RO TOURS to immediate reimbursement of
partial or full payments already made.
This applies only if RO is unable to offer a service of
equal value or quality.
The contract can be changed by the Counterpart.
Reduction of the number of participants within a margin
of 10% can only be made until eight working days before
delivery date and ultimately until 16.00 hours.
For individual activities with prices per person this change
can be done without costs.
For combined tours with
group prices, no reduction of price will be applied
For reduction of the number of participants
exceeding 10% terms of articles 3.3 through 3.6 areapplicable.
An increase in the number of participants has to be confirmed in writing
eight days prior to delivery date.
Full additional price is always applied. RO TOURS cannot
guarantee that these extra bookings are always available.
Execution of activities
RO Tours commits itself to the execution of the agreement
to the best its abilities.
2.RO Tours commits itself to the execution of the activities
within the agreed time span, except in case of force majeure.
3.If Counterpart arrives later than agreed at the agreed
meeting point, the agreed end time will be observed, or, in case of availability, the agreed time span will be observed.
In the latter case extra costs incurred by RO Tours because of this
and the extra time will be charged to counterpart
Suspension,rescission and interim,cancellation of the agreement
1.RO Tours has the power to suspend execution of its
obligations or to rescind the agreement with immediate effect, if: - Counterpart fully or partly fails to fulfil its obligations within the agreement;-Circumstances come to the attention of RO Tours after
signing the agreement give good cause to fear that counterpart will not fulfil his obligations;-Counterpart has been asked at the time of agreement to provide security for the fulfilment of its obligations from the agreement and fails to provide this security sufficiently;-
If delay on the part of the counterpart makes it impossible
to demand execution of the agreement at the originally agreed terms, RO Tours has the power to rescind the agreement.-
If circumstances arise of such a nature that execution of
the agreement becomes impossible or upholding the
agreement in full cannot reasonably demanded from RO Tours.
If counterpart can be held responsible for the rescission of
the agreement , RO Tours is entitled to compensation of
damages, inclusive of direct or indirect costs incurredbecause of this.
In case of rescission of the agreement claims by RO Tours
on counterpart can be called in immediately. If RO Tours
suspends execution of these obligations, it retains itsLegal
and contractual claims.
If RO Tours suspends or rescinds on the grounds named
in this article, it is no way accountable to compensation of
damages or costs that will result in any way, while counterpart, on the grounds of defaulting càn be held accountable to compensation of damages.
If the agreement is cancelled by RO Tours, RO Tours will –
in agreement with counterpart –take care of transfer of its work to third parties. This unless counterpart is responsible for the cancellation. Unless cancellation is the responsibility of RO Tours, costs for the transfer will be charged to counterpart.
RO Tours will inform counterpart as much as possible about these costs prior to the transfer. Counterpart is obliged to pay these costs
In case of liquidation, (application for) suspension of payments, attachment of property–in as far as the attachment has not been relieved within three months –counterparts expense,settlement of
debts or any other circumstance preventing counterpart to dispose
freely over his assets, RO Tours is free to rescind the agreement
forthwith or to cancel the agreement without any obligation
on its part for any compensation of damages. Claims by RO Tours on counterpart can be called in immediately
RO Tours cannot be held to fulfilling any obligation towards counterpart if it is prevented to do so as a consequence of circumstances outside its control, and cannot be held accountable for
either by law, Legal act or common practice
Under these terms and conditions Force Majeure is
understood, in addition to what the law and jurisprudence
understand it to be, as all external causes, foreseen or not foreseen, over which RO Tours has no control, but which prevent RO Tours to fulfil its obligations. RO Tours is entitled to call in Force Majeure if such a circumstance preventing (further) execution of the agreement,
occurs after RO Tours should have completed its obligations.
RO Tours can during the period of Force Majeure
prevailing suspend the obligations of the agreement. If this
situation persists for more than two months, either party is
entitled to rescission of the agreement, without obligation to compensation of damages to the other party.
If RO Tours has already fulfilled
or will be able to fulfil
of its obligation when Force Majeure
fulfilled part or the part to be fulfilled
has a value in its own
right, RO Tours is entitled to invoice counter
. Counterpart should
pay on this invoice as had there been a
articles provided by
within the framework of
the agreement remain
property of RO Tours or its
Articles provided by
which under section 1 fall
under ownership retention, may not be sold on or used as
means of payme
is has no power to pawn
or pledge the articles falling under ownership retention in
Counterpart should undertake everything
expected of him to secure the ownership rights
If third parties
rticles provided under ownership
retention or want to
rights or have rights
on these items, counterpart is under obligation
to inform RO Tours immediately
its ownership rig
mentioned in this article, C
and irrevocable consent
to RO Tours and
third parties assigned by RO Tours to enter all those
roperties of RO Tours are placed in order
applies utter care to its programmes.
Nevertheless it is possible that counterpart
thinks he has
. This complaint should b
e made directly
and immediately to the person(s)
executing the service,
and if possible on the same day to
If immediate lodging of a complaint is not possible or if
, it should be
within one month after the incident to
the opportunity to investigate a complaint or
f Counterpart lodges his claim in time, it does not suspend
his obligation of payment. Co
unterpart is even then held to
acceptance and payment of the ordered services, unless
they have no value in their own right
If a complaint is lodged later,
is not entitled to
reparation, replacement or compensation, unless the
of the case or other circumstances
of the case
imply a longer term
f a claim is established as justified and it has been lodged
within reason and
fairness compensate counterpart, but never
the amount invoiced.
f it established that a complaint is unjustified
, all cost
incurred as a result, including cost for investigation,
, will be charged to Counterpart.
would be liable, then this liability is limited to
what is specified in these terms and conditions.
for damage, of any kind,
because RO Tours has based itself on incorrect and/or
incomplete data supplied by Counterpart or on h
is only liable for direct damages.
Damage or injuries to persons are excluded from RO
participants to a walking or bicycle tour organised
must be in good
condition and or have
condition at the time of par
ticipation in the
walking or bicycle
expectation that participation can take place without
physical damage or injury, either temporary or
as a consequence of
This rule of thumb formulated under item a.
to ascertain whether he/she is physically
capable of completing the walking or bicycle tour
ause of traffic violations are the full
responsibility of the offender
Counterpart is obliged to
take reasonable precautions
bicycles or other items provided
at the conclusion of the activity
, damage is
inflicted on bicycles or other items provided, this fall under
the liability of Counterpart and that
will be charged to counterpart.
liable to indirect damage, including
deprived profits, missed savings and
damage by business or other stagnation
consumer buy this limitation does not extend further
what is allowed according to Dutch Civil
might be liable for any damage, its liability is
limited to a maximum of three times the value of the
liability is in any case always limited to the
mount its insurer is paying out.
do not apply if damage
is caused by gross guilt or negligence on the part
Term of prescription
In deviation of legal terms of prescription, the term of
prescription of all
claims and complaints ag
ainst RO Tours
and third parties involved on behalf of RO Tours,
The risk of loss, damage or depreciation transfers to
Counterpart at the moment on which items are transferred
into the control of Counterpart
Counterpart will protect RO Tours for possible claims
ion to the execution of this
agreement will suffer damages and the cause
must be assigned to others than
for this reason
would be held
third parties, then Counterpart must witho
ut any delay do
Should Counterpart fail
to take adequate measures, then RO Tours is
without declaring default, to take these measures. All c
and damages on the part of RO Tours and third parties
, are integrally
reserves the rights and powers
awarded to it
d on copyright acts and other
legislation and statutes
has the right to use
gained during the execution of the agreement
for other purposes, in as far no confidential information is
brought to the knowledge of third parties.
Applicable law and conflicts
n all legal relations RO Tours is party to, only the Law of
the Netherlands is applicable, even if an agreement is
carried out partly or fully in another country or if
to the agreement h
ave residence there
ontracts for the I
ies will only resort court action after they have done
their utmost to settle a conflict out of court. Download Pdf Datei