ARTICLE 1. DEFINITIONS
Visitor: natural person who makes use of an activity offered through the mediation of at-thelocals for a fee. Local: natural person who offers an activity through the mediation of at-thelocals. Client: counterpart of at-thelocals. This is therefore both visitor and local. Consumer: natural person who does not act in the exercise of a profession or business, as referred to in article 6: 236 Civil Code. both local and visitor can be consumers.
ARTICLE 2. APPLICABILITY
2.1. These general terms and conditions form part of all agreements concluded by at-thelocals and are also applicable to the formation of these agreements, as well as to offers and offers made by at-thelocals.
2.2. If any provision should be invalid, the agreement of which these general terms and conditions form part shall remain in effect as far as possible and the stipulation in question shall be replaced by a provision that approximates the original provision as much as possible.
ARTICLE 3. ESTABLISHMENT AND EXECUTION OF THE AGREEMENT
3.1. Verbal commitments bind at-thelocals only after they have been expressly confirmed in writing,
3.2. An agreement is concluded by written confirmation (by email or PDF) of the reservation by at-thelocals.
3.3. The client who concludes an agreement on behalf of or for the benefit of one or more others, is with that other party (s) held and jointly and severally liable for all obligations arising from this agreement.
3.4. Client provides all data, of which at-thelocals indicates that these are necessary or of which the client should reasonably understand that these are necessary for the execution of the agreement, in time to at-thelocals, failing which at-thelocals the right has the right to suspend the execution of the agreement and / or charge the client for the additional costs arising from the delay in accordance with the customary rates.
3.5. The reservation form shows the number of people for whom the activity in question is reserved. Increase in the number of visitors must be made by means of an amended reservation. The maximum number of persons for which the activity is offered may not be exceeded. Increasing the number of persons without an altered reservation will lead to a rounded dissolution of the agreement without refund of the amount paid
3.6. at-thelocals is entitled to withdraw from negotiations for reasons of its own, without this giving a counterparty the right to compensation for damage.
ARTICLE 4. PRICES
4.1. All prices quoted by at-thelocals are inclusive of VAT, unless stated otherwise.
4.2. at-thelocals charges a fixed amount of reservation costs at the conclusion of each agreement.
ARTICLE 5. PAYMENTS WITHOUT DELAY
5.1. Payment of the organization costs must be made to at-thelocals® directly upon reservation in the currency indicated on the invoice. In any case, this payment must have been received by at-thelocals 24 hours before the start of the activity.
5.2. Payment of the invoice amount must be made immediately after arrival by the visitor to the local in the currency of the country of the local.
5.3. In the event of non-compliance (in time) of the client with the obligations arising from an agreement with at-thelocals®, as well as if at-thelocals® has good grounds to believe that the client can not, not timely or not fully meet its obligations, client is in default by operation of law, without any notice of default being required. The agreement is deemed to have been canceled on the day of default. In that case the cancellation regulation of article 6 of these general terms and conditions comes into effect.
ARTICLE 6. CANCELLATION
6.1. (Partial) cancellation (both by local and visitor) of the agreed period of stay must be made in writing to the address of at-thelocals in the shortest possible term after becoming aware of the reason for cancellation and at the latest before the arrival date of the reserved activity. . Without this timely written (partial) cancellation the agreement remains and visitor is obliged to pay the entire agreed accommodation fee plus the reservation costs.
6.2. The date of cancellation of the written cancellation applies as the cancellation date.
Cancellation by local
6.3. In case of (partial) cancellation by local of the stay, the local loses any right to compensation. In that case, local is owed as cancellation costs to at-thelocals the reservation costs owed by visitor.
6.4. In case of partial cancellation, local will only be entitled to a pro rata part of the fee, in so far visitor of the activity.
6.5. In case of cancellation by local of the activity, at-thelocals is committed to providing visitor with an equivalent substitute activity. If this is not possible, then at-thelocals will refund the reservation fees paid by visitor.
Cancellation by Visitor
6.6. In case of cancellation by visitor, visitor to at-thelocals owes the amount of reservation costs. Insofar as these amounts have already been paid by visitor, at-thelocals has the right to invoke set-off.
6.8. In case of cancellation by visitor, at-thelocals is committed to finding a replacement visitor for local.
ARTICLE 7. PARTICIPATION ACTIVITY
7.1. Visitor commits to behave as a good visitor, with due observance of the rules of conduct applied by the local.
7.2. Any damage caused by visitor (or his) to the property of the local must be reported directly to at-thelocals by the local and visitor. Visitor is liable for this damage both towards the local and at-thelocals.
ARTICLE 8. COMPLAINTS
8.1. Complaints about the services rendered must be reported by the client to at-thelocals immediately after discovery, so that they can find a suitable solution.
ARTICLE 9. LIABILITY
9.1. For damage suffered by client, whether or not also being consumer as referred to in Article 1, at-thelocals is only liable if the damage is the result of intent or deliberate recklessness of at-thelocals. For damage suffered by the client, in the event that at-thelocals can be held liable, liability is limited to a maximum of the amount invoiced / to be invoiced by at-thelocals to the client in the relevant case concerning the activity, within the period of which the damage has occurred. In case of intent or conscious recklessness of the client, all liability is excluded. at-thelocals® is never obliged to pay compensation other than case and / or personal injury. Client, not being a consumer, indemnifies at-thelocals® for any claims from third parties.
9.2. For damage suffered by the client, also being the consumer as referred to in article 1, arising from or in connection with (the use of) the activity, the local of the space concerned is only liable if the damage is the result of intent or deliberate recklessness from the local. In case of intent or conscious recklessness of the client, all liability is excluded. The local is never obliged to pay compensation other than case and / or personal injury.
ARTICLE 10. FORCE MAJEURE
10.1. During force majeure, the obligations of at-thelocals are suspended. If the period in which by force majeure fulfillment of the obligations by at-thelocals is not possible, takes longer than 3 days, both parties are entitled to dissolve the agreement without there being an obligation to pay compensation.
10.2. Force majeure means: any circumstance beyond the control of at-thelocals or any circumstance that can not reasonably be foreseen, that temporarily or permanently prevents fulfillment of the obligations of at-thelocals from agreement. Such circumstances include: war, danger of war, riots, or other disruptions of public order, fire, natural disasters, strikes, restrictive government measures, a general lack of goods or services needed to realize the agreed performance, unforeseeable stagnation with suppliers or other third parties for which at-thelocals is dependent, foreclosures as a result of which the local can not or no longer (fully) have access to the activity and general transport problems.
10.3. If at-thelocals has partially fulfilled its obligations at the onset of the force majeure, or only partially fulfills its obligations, it is entitled to invoice the already executed or executable part separately and the client is obliged to pay this invoice as if it concerned it a separate contract.
ARTICLE 11. PRIVACY
11.1 All data provided by visitors and locals to at-thelocals are used by at-thelocals exclusively for their own operations and are not given to third parties without the permission of the parties involved. Except when required by legal regulations.
ARTICLE 12. DISPUTES, APPLICABILITY AND TERMINATION PERIOD
12.1 Dutch law applies to the agreement between at-thelocals and the client.
12.2 All disputes shall exclusively be judged by the competent court in Haarlem, even if the client is established abroad and a treaty provision would designate a foreign court as competent, unless the parties agree otherwise. The Vienna Sales Convention is excluded for all disputes.