Algemene Voorwaarden

General terms and conditions Smit Giethoorn

These terms and conditions contain important information about the agreements and rules when purchasing our services.

Article 1 - Definitions

In these terms and conditions, the following definitions apply:

Supplementary Agreement: an agreement where the consumer acquires products, digital content and/or services in connection with a distance agreement and these goods, digital content and/or services are provided by the entrepreneur or by a third party based on an agreement between that third party and the entrepreneur;
Cooling-off period: the period within which the consumer can make use of his right of withdrawal;
Consumer:the natural person who does not act for purposes related to his trade, business, craft or professional activity;
Day: calendar day;
Digital content: data that is produced and delivered in digital form;
Continuing Term Agreement: an agreement that extends to the regular delivery of goods, services and/or digital content over a certain period of time;
Durable data carrier: any tool - including e-mail - that enables the consumer or entrepreneur to store information addressed to him personally in a way that allows future consultation or use for a period of time that is tailored to the purpose for which the information is intended, and that enables the unchanged reproduction of the stored information;
Right of withdrawal: the consumer's ability to cancel the distance agreement within the cooling-off period;
Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
Distance agreement: an agreement concluded between the entrepreneur and the consumer within the framework of an organized system for distance selling products, digital content and/or services, where up to and including the conclusion of the agreement, only or partly use one or more techniques for distance communication;
Model withdrawal form: the European model withdrawal form included in Annex I to these terms and conditions;
Remote communication technology: means that can be used to conclude an agreement without the consumer and entrepreneur having to meet in the same room at the same time.

Article 2 - Identity of the entrepreneur

Smit Giethoorn B.V. also trading under Giethoorntickets

Located at Zuiderpad 58, 8355 CC Giethoorn

Telephone number: 0521 — 36 16 25 every day between 10 a.m. and 8 p.m.

E-mail address: bootreserveren@smitgiethoorn.nl

Chamber of Commerce number: 69147949

VAT identification number: NL825534690B01

Article 3 - Applicability

These general terms and conditions apply to every offer made by the entrepreneur and to any distance agreement concluded between entrepreneur and consumer.
Before the distance agreement is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur will indicate before the distance agreement is concluded how the general terms and conditions can be viewed by the entrepreneur and that they will be sent free of charge as soon as possible at the consumer's request.
If the distance agreement is concluded electronically, contrary to the previous paragraph and before the distance agreement is concluded, the text of these general terms and conditions may be made available to the consumer electronically in such a way that it can be easily stored by the consumer on a durable data carrier. If this is not reasonably possible, before the distance agreement is concluded, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
In the event that, in addition to these general terms and conditions, specific product or service terms and conditions also apply, the second and third paragraphs apply mutatis mutandis and, in the event of conflicting terms, the consumer can always rely on the applicable provision that is most favorable to him.

Article 4 - The offer

If an offer has a limited period of validity or is subject to conditions, this will be explicitly stated in the offer.
The offer contains a complete and accurate description of the products, digital content and/or services offered. The description is sufficiently detailed to allow consumers to properly assess the offer. If the entrepreneur uses images, these are a true reflection of the products, services and/or digital content offered. Obvious mistakes or errors in the offer do not bind the entrepreneur.
Each offer contains such information that it is clear to the consumer what the rights and obligations associated with accepting the offer are.

Article 5 - The agreement

Subject to the provisions of paragraph 4, the agreement is concluded at the time of acceptance by the consumer of the offer and compliance with the associated conditions.
If the consumer has accepted the offer electronically, the entrepreneur will immediately confirm receipt of acceptance of the offer electronically. As long as the receipt of this acceptance has not been confirmed by the entrepreneur, the consumer can terminate the agreement.
If the agreement is concluded electronically, the entrepreneur will take appropriate technical and organizational measures to secure the electronic transfer of data and ensure a safe web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures to this end.
Within legal frameworks, the entrepreneur can — within legal frameworks — find out whether the consumer can meet his payment obligations, as well as about all those facts and factors that are important for entering into the distance agreement responsibly. If, on the basis of this investigation, the entrepreneur has good reasons not to enter into the agreement, he is entitled to refuse an order or request or to attach special conditions to the execution.
At the latest upon delivery of the product, service or digital content to the consumer, the entrepreneur will send the following information, in writing or in such a way that it can be stored by the consumer in an accessible manner on a durable data carrier:

the visiting address of the entrepreneur's office where the consumer can go with complaints;
the conditions under which and how the consumer can make use of the right of withdrawal, or a clear notification regarding the exclusion of the right of withdrawal;
information about warranties and existing after-purchase service;
the price including all taxes on the product, service or digital content; where applicable, the costs of delivery; and the method of payment, delivery or execution of the distance agreement;
the requirements for termination of the agreement if the agreement has a duration of more than one year or is indefinite;
if the consumer has a right of withdrawal, the model withdrawal form.
In the event of an extended transaction, the provision in the previous paragraph only applies to the first delivery.

Article 6 - Right of withdrawal

In the case of products:

The consumer can terminate an agreement with regard to the purchase of a product for a cooling-off period of at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason (s).
The cooling-off period referred to in paragraph 1 commences on the day after the consumer, or a third party previously designated by the consumer, who is not the carrier, has received the product, or:

if the consumer ordered multiple products in the same order: the day on which the consumer, or a third party designated by him, received the last product. The entrepreneur may, provided that he has clearly informed the consumer about this prior to the ordering process, refuse an order for multiple products with a different delivery time.
if the delivery of a product consists of several shipments or parts: the day on which the consumer, or a third party designated by him, received the last shipment or part;
in the case of agreements for regular delivery of products over a certain period: the day on which the consumer, or a third party designated by him, received the first product.

For services and digital content that is not supplied on a material medium:

The consumer can terminate a service agreement and an agreement for the delivery of digital content that has not been delivered on a material carrier for at least 14 days without giving reasons. The entrepreneur may ask the consumer for the reason for withdrawal, but not oblige him to state his reason (s).
The cooling-off period referred to in paragraph 3 commences on the day following the conclusion of the agreement.

Extended cooling-off period for products, services and digital content that has not been delivered on a material carrier if you do not inform about the right of withdrawal:

If the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal or the model form for withdrawal, the cooling-off period expires twelve months after the end of the original cooling-off period established in accordance with the previous paragraphs of this article.
If the entrepreneur has provided the consumer with the information referred to in the previous paragraph within twelve months of the commencement date of the original cooling-off period, the cooling-off period expires 14 days after the day on which the consumer received that information.

Article 7 — Obligations of the consumer during the cooling-off period

During the cooling-off period, the consumer will handle the product and packaging carefully. He will only unpack or use the product to the extent necessary to determine the nature, characteristics and functioning of the product. The starting point here is that the consumer may only handle and inspect the product as he would be allowed to do in a store.
The consumer is only liable for a decrease in the value of the product that is the result of a way of dealing with the product that goes beyond what is allowed in paragraph 1.
The consumer is not liable for the depreciation of the product if the entrepreneur has not provided him with all the legally required information about the right of withdrawal before or when concluding the agreement.

Article 8 - Exercise of the right of withdrawal by the consumer and its costs

If the consumer makes use of his right of withdrawal, he reports this to the entrepreneur within the cooling-off period by means of the model withdrawal form or in another unambiguous way.
As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorized representative of) the entrepreneur. This is not necessary if the entrepreneur has offered to pick up the product himself. In any case, the consumer has complied with the return period if he returns the product before the cooling-off period has expired.
The consumer returns the product with all accessories supplied, if reasonably possible in its original condition and packaging, and in accordance with the reasonable and clear instructions provided by the entrepreneur.
The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
The consumer bears the direct costs of returning the product. If the entrepreneur has not reported that the consumer must bear these costs or if the entrepreneur indicates that he will bear the costs himself, the consumer does not have to bear the costs of returning them.
If the consumer cancels after first expressly requesting that the provision of the service or the supply of gas, water or electricity that have not been made ready for sale commence in a limited volume or quantity during the cooling-off period, the consumer owes the entrepreneur an amount that is commensurate with that part of the obligation fulfilled by the entrepreneur at the time of withdrawal, compared to full fulfillment of the obligation.
The consumer does not bear any costs for the performance of services or the supply of water, gas or electricity that have not been made ready for sale in a limited volume or quantity, or for the supply of district heating, if:

the entrepreneur has not provided the consumer with the legally required information about the right of withdrawal, the reimbursement of costs in case of withdrawal or the model withdrawal form, or;
the consumer has not explicitly requested the start of the performance of the service or supply of gas, water, electricity or district heating during the cooling-off period.
The consumer bears no costs for the full or partial delivery of digital content not supplied on a material carrier, if:

prior to its delivery, he did not expressly agree to commence the fulfillment of the agreement before the end of the cooling-off period;
he has not acknowledged losing his right of withdrawal when giving his consent; or
the entrepreneur has failed to confirm this statement by the consumer.
If the consumer makes use of his right of withdrawal, all additional agreements will be terminated by operation of law.

Article 9 - Obligations of the entrepreneur in case of withdrawal

If the entrepreneur makes it possible to notify the consumer of withdrawal electronically, he will immediately send a confirmation of receipt after receiving this notification.
The entrepreneur reimburses all payments made by the consumer, including any delivery costs charged by the entrepreneur for the returned product, without delay but within 14 days following the day on which the consumer notifies him of the withdrawal. Unless the entrepreneur offers to pick up the product himself, he may wait to pay back until he has received the product or until the consumer proves that he has returned the product, whichever is earlier.
The entrepreneur uses the same payment method that the consumer used for reimbursement, unless the consumer agrees to another method. The reimbursement is free of charge for the consumer.
If the consumer has opted for a more expensive method of delivery than the cheapest standard delivery, the entrepreneur does not have to pay back the additional costs for the more expensive method.

Article 10 - Exclusion of the right of withdrawal

The entrepreneur can exclude the following products and services from the right of withdrawal, but only if the entrepreneur has clearly stated this when offering, at least in time for the conclusion of the agreement:

Products or services whose price is subject to fluctuations in the financial market over which the entrepreneur has no influence and that may occur within the withdrawal period;
Agreements concluded during a public auction. A public auction means a sales method where products, digital content and/or services are offered by the entrepreneur to the consumer who is present in person or has the opportunity to attend the auction in person, led by an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
Service agreements, after full performance of the service, but only if:

the performance started with the express prior consent of the consumer; and
the consumer has declared that he loses his right of withdrawal as soon as the entrepreneur has fully executed the agreement;
Package travel as referred to in article 7:500 of the Dutch Civil Code and passenger transport agreements;
Service agreements for the provision of accommodation, if the agreement provides for a specific date or period of execution and other than for residential purposes, freight transport, car rental services and catering;
Agreements with regard to leisure activities, if the agreement provides for a specific date or period of implementation;
Products manufactured according to consumer specifications, which are not prefabricated and are manufactured on the basis of an individual choice or decision of the consumer, or that are clearly intended for a specific person;
Products that spoil quickly or have a limited shelf life;
Sealed products that are not suitable for return for reasons of health protection or hygiene and whose seal has been broken after delivery;
Products that, by their nature, are irrevocably mixed with other products after delivery;
Alcoholic drinks whose price was agreed upon at the conclusion of the agreement, but whose delivery can only take place after 30 days, and whose actual value depends on market fluctuations over which the entrepreneur has no influence;
Sealed audio, video recordings and computer software, the seal of which has been broken after delivery;
Newspapers, magazines or magazines, with the exception of subscriptions to them;
The delivery of digital content other than on a physical medium, but only if:

the performance started with the express prior consent of the consumer; and
the consumer has stated that he thereby loses his right of withdrawal.

Article 11 - The price

During the period of validity specified in the offer, the prices of the products and/or services offered will not be increased, except for price changes due to changes in VAT rates.
Contrary to the previous paragraph, the entrepreneur can offer products or services whose prices are subject to fluctuations in the financial market and over which the entrepreneur has no influence, with variable prices. This relationship to fluctuations and the fact that any listed prices are target prices are stated in the offer.
Price increases within 3 months after the conclusion of the agreement are only allowed if they are the result of legal regulations or provisions.
Price increases from 3 months after the conclusion of the agreement are only allowed if the entrepreneur has stipulated this and: a. these are the result of legal regulations or provisions;
or b. the consumer has the authority to terminate the agreement as from the day on which the price increase takes effect.
The prices stated in the range of products or services include VAT.

Article 12 - Compliance with the agreement and extra guarantee

The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, the reasonable requirements of reliability and/or usability and the legal provisions and/or government regulations existing on the date of the conclusion of the agreement. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
An additional guarantee provided by the entrepreneur, his supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur under the agreement if the entrepreneur has failed to fulfill his part of the agreement.
An additional guarantee means any commitment by the entrepreneur, his supplier, importer or producer in which he grants the consumer certain rights or claims that go beyond what he is legally obliged to do in the event that he has failed to comply with his part of the agreement.

Article 13 - Delivery and execution

The entrepreneur will take the utmost care when receiving and executing orders for products and when assessing requests for the provision of services.
The place of delivery is the address that the consumer has made known to the entrepreneur.
Subject to what is stated in article 4 of these general terms and conditions, the entrepreneur will execute accepted orders expeditiously but no later than 30 days, unless a different delivery period has been agreed. If delivery is delayed, or if an order cannot or only partially be executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to terminate the agreement without costs and is entitled to any compensation.
After dissolution in accordance with the previous paragraph, the entrepreneur will immediately refund the amount that the consumer has paid.
The risk of damage and/or loss of products lies with the entrepreneur until the time of delivery to the consumer or a representative appointed in advance and made known to the entrepreneur, unless otherwise expressly agreed.

Article 14 - Duration transactions: duration, cancellation and extension

‍Cancellation:

The consumer can terminate an agreement that has been entered into for an indefinite period and that extends to the regular delivery of products (including electricity) or services at any time, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can terminate a fixed-term agreement that has been concluded for the regular delivery of products (including electricity) or services at any time by the end of the fixed period, subject to the agreed termination rules and a notice period of no more than one month.
The consumer can:
1. cancel at any time and not be limited to cancellation at a specific time or period;
1. terminate at least in the same way as they were contracted by him;
1. always cancel with the same notice period as the entrepreneur has stipulated for himself.

Renewal:

A fixed-term agreement that has been entered into and that extends to the regular delivery of products (including electricity) or services may not be automatically renewed or renewed for a fixed period.
Contrary to the previous paragraph, an agreement that has been entered into for a fixed period and that extends to the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months if the consumer can terminate this extended agreement by the end of the extension with a maximum of one month's notice.
A fixed-term agreement that has been entered into and that extends to the regular delivery of products or services may only be renewed tacitly for an indefinite period if the consumer can cancel at any time with a notice period of no more than one month. The notice period is a maximum of three months if the agreement involves the regular, but less than once a month, delivery of newspapers, newspapers and magazines.
A limited-term agreement to regularly deliver daily, news and weekly newspapers and magazines (trial or introductory subscription) will not be continued tacitly and will end automatically after the end of the trial or introductory period.

Duration:

If an agreement has a duration of more than one year, the consumer may terminate the agreement at any time after one year with a notice period of no more than one month, unless reasonableness and fairness preclude termination before the end of the agreed period.

Article 15 - Payment

Unless otherwise specified in the agreement or additional conditions, the amounts owed by the consumer must be paid within 14 days after the start of the cooling-off period, or, in the absence of a cooling-off period, within 14 days after the conclusion of the agreement. In the case of an agreement to provide a service, this period commences on the day after the consumer has received confirmation of the agreement.
When selling products to consumers, the consumer may never be obliged to pay more than 50% in advance in general terms and conditions. When prepayment has been stipulated, the consumer cannot assert any rights regarding the execution of the relevant order or service (s) before the stipulated prepayment has been made.
The consumer has the duty to report inaccuracies in the payment details provided or stated to the entrepreneur without delay.
If the consumer does not meet his payment obligation (s) in time, after he has been informed by the entrepreneur of the late payment and the entrepreneur has given the consumer a period of 14 days to still meet his payment obligations, after the absence of payment within this 14-day period, he owes statutory interest on the amount still due and the entrepreneur is entitled to charge the extrajudicial collection costs incurred by him. These collection costs amount to a maximum of: 15% of outstanding amounts up to €2,500; 10% over the subsequent €2,500, = and 5% over the next €5,000, = with a minimum of €40, =. The entrepreneur can deviate from the above amounts and percentages for the benefit of the consumer.

Article 16 - Complaints procedure

The entrepreneur has a sufficiently publicized complaints procedure and handles the complaint in accordance with this complaints procedure.
Complaints about the execution of the agreement must be submitted fully and clearly described to the entrepreneur within a reasonable time after the consumer has discovered the defects.
Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeable longer processing time, the entrepreneur will respond within 14 days with a message of receipt and an indication when the consumer can expect a more detailed answer.
If the complaint cannot be resolved by mutual agreement within a reasonable period of time or within 3 months after filing the complaint, a dispute will arise that is subject to the dispute settlement.

Article 17 - Disputes

Agreements between the entrepreneur and the consumer to which these general terms and conditions apply are exclusively governed by Dutch law.

Article 18 - Additional or different provisions

Additional provisions or provisions that differ from these general terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

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Appendix I: Model withdrawal form

Model withdrawal form (fill out and return this form only if you want to cancel the agreement).

To: Smit Giethoorn B.V.

Zuiderpad 588355 CC Giethoorn, Netherlands

bootreserveren@smitgiethoorn.nl

I/We* share/share* hereby inform you that I/we

* our agreement for the sale of the following products: [product description]

*the delivery of the following digital content: [digital content description]

*the provision of the following service: [service description]

*, revoked/revoke*

Ordered on*/received on* [date of order for services or receipt of products]

[Name of consumer (s)]

[Consumer (s) address]

[Consumer (s) signature] (only if this form is submitted on paper)

* Delete what does not apply or fill in what applies.

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