Last update: 07-01-2019
Thank you for choosing to book a food tour with Hungry Birds Street Food Tours B.V.
We are looking forward to introducing you to the delicious Dutch and ethnic dishes of The Netherlands and to its culture! Should you have any questions ahead of the tour, please feel free to contact us at email@example.com
Paragraph 1: DEFINITIONS IN THESE CONDITIONS HAVE THE FOLLOWING MEANING
Hungry Birds Street Food Tours B.V. : (referred from here on as ‘Hungry Birds’, ‘We’, ‘Our’ or ‘Us’) is the organiser of the food tours, registered at the Chamber of Commerce under number: 67121160 in Amsterdam;
Guide: the person conducting the tours on behalf of Hungry Birds;
Participant: the natural person or legal person who enters into an agreement with Hungry Birds and participates in the Food Tour;
Food Tour: specialised guided walking or cycling tour(s) through the city of Amsterdam;
Ticket: the (electronic or non-electronic) proof giving entitlement to enter the Food Tour;
Restaurant, Cafe’s and Street vendors: parties participating in the Food Tour that deliver dishes and (alcoholic and non-alcoholic) drinks as part of the Food Tour;
Conditions: the present General Terms and Conditions;
Paragraph 2: APPLICABILITY AND MODIFICATION OF THESE CONDITIONS
These Terms and Conditions apply to all offers and agreements between Hungry Birds and Participants, regardless of the way in which they are concluded, unless explicitly stated otherwise by Hungry Birds.
By making a payment, the Participant confirms to agree with our Terms and Conditions. Should a Participant book for a group it is his / her responsibility to pass on these General Terms and Conditions to the rest of the group.
The contents of these Terms and Conditions can only be deviated from by means of a written agreement between Hungry Birds and Participant.
Hungry Birds can change these Terms and Conditions at any time. The amended Terms and Conditions apply from the date of entry into force to the existing and future agreement, even if these have been concluded prior to the amendment of the Terms and Conditions. In the event of a change to the Terms and Conditions which results in the Hungry Birds delivering a substantially different performance than agreed upon, the Participant is entitled to terminate the agreement within four (4) weeks after the relevant change takes effect.
Paragraph 3: FOOD TOURS
Hungry Birds reserves the right to adjust the content and route of the Food Tour along the way. Adjustments will always be in line with the ideology of Hungry Birds and its original food tour.
Hungry Birds has the right to move the Food Tour (in terms of time and / or date) or to cancel it. Although In such a case Hungry Birds will try to notify the Participant of this as soon as possible, it can however not guarantee that the Participant will be informed before the start of the Food Tour.
Hungry Birds will try to offer a comparable alternative in such cases; if the offered alternative is not satisfactory or it is not possible for the Participant to participate on a different date or time, then the Participant is entitled to full refund of the purchase price of the Ticket.
Hungry Birds is not responsible for any other types of incurred costs such as a hotel stay or travel costs.
The Participant must be able to show his / her Ticket at the request of Hungry Birds Guide, however it doesn’t need to be a printed version (digital proof is enough). Hungry Birds also has the right to request personal identification if in doubt.
The Participant must inform himself / herself of the instructions given by or on behalf of the Hungry Birds regarding the Food Tour (for example: starting time, meeting point, duration of the experience).
The Hungry Birds has no obligation to further inform the Participant.
The Participant must behave as an orderly visitor to the Food Tour and adhere to the indications referred to in paragraph 3 of this article as well as the general terms and conditions of the Restaurants, Cafe’s and Street Vendors participating in the Food Tour.
Our booking form includes a section allowing for entering information about allergies and food restrictions of customers booking a Tour. Participants must remember to mention allergies or dietary restrictions of all people they are booking for. Hungry Birds are only able to cater for food allergies and certain dietary restrictions but not always for food preferences. If participants don’t mention allergies or restrictions when making a booking but learn about them later they can update us via email up to 48h before the start of the tour. Hungry Birds will not be able to change the menu upon receiving information about food requirements only in the beginning of the tour.
Hungry Birds makes every reasonable effort to organize / guide the Food Tour in an orderly and safe way, but can in no way be held responsible for unforeseen damage during the Food Tour.
Paragraph 4: FOOD TOURS SAFETY
The Participant, on behalf of him/herself and/or any person or entity acting through or on behalf of Participant, fully comprehends and accepts all of the risks associated with his/her participation in the Tours including exposure to unfavourable weather conditions, food sickness, injuries (e.g. those arising out of self-inflicted accidents or mishaps, other participants, automobiles, pedestrians and the like).
If the guide responsible for the Tour shall consider the participant to be unreliable or otherwise inapt for the Tour (drunk, aggressive, behaving in a way of making continuation of the tour difficult or impossible etc), s/he may refuse to accept the participant on the tour, or ask the participant to leave the tour. The refusal for safety reasons is not grounds for a refund.
Paragraph 5: PUNCTUALITY
The Participants are required to be punctual for the tour. In case of problems with locating the starting point or any other reason for running late, the participants should contact us via phone at +31 6 19 29 67 74 or at +31 6 18 98 62 68 as well as via email: firstname.lastname@example.org
In case of running late and lack of contact, the tour guide shall consider the situation a ‘no show’ and the reservation will be cancelled. Please note running late or a ‘no-show’ is not grounds for a refund.
Paragraph 6: ESTABLISHMENT AGREEMENT
Without prejudice to the provisions of paragraph 3 of this article, the agreement is concluded at the moment that the Participant pays for a Ticket to participate in Hungry Birds tour.
Participant can not derive any rights from an acknowledgment of receipt (automatically sent or not).
The agreement is concluded at all times under the resolutive condition that Hungry Birds does not accept the Participant's order. If an order is not accepted, Hungry Birds will inform the Participant of this within five (5) working days after receipt of the order. If an amount for the Food Tour has already been transferred by the Participant, this amount will be returned.
Hungry Birds is entitled, if necessary without stating reasons, to refuse an order, or to attach additional conditions to the conclusion of the agreement.
Paragraph 7: DATA & PRIVACY
Participant is obliged to provide correct details when entering into the agreement (email address, telephone number, dietary restrictions, etc.). Changes and / or inaccuracies of this data must be reported to Hungry Birds in time.
Execution of the agreement and all communications and notifications relating to the agreement take place via the email address provided by the Participant.
Hungry Birds processes personal data of the Participant when closing and executing the agreement.
The database referred to in paragraph 3 shall be used for administrative and commercial purposes. All use of the data provided by the Participant is in accordance with the applicable laws and regulations.
The Participant agrees that he or she can be photographed and / or filmed during the Food Tour and that this material can be used for promotional and social media purposes. If participant does not wish his or her photos to be used by Hungry Birds, the participant is requested to send a written notice about it to: email@example.com
Paragraph 8: BOOKING PROCEDURE & PAYMENT
The Participant can book a Food Tour with Hungry Birds up to 6 months in advance through the website www.hungrybirds.nl, via email firstname.lastname@example.org or via a third party such as another booking platform. Bookings can be made up to 24 hours before the start time of the tour.
Payments for Hungry Birds tours must be made in advance using options available on the website or online. The payment methods offered can vary, depending on the manner in which the agreement is concluded. Any additional costs associated with a particular payment method are paid by the Participant of the Food Tour.
All prices are in euros, including VAT. Hungry Birds reserves the right to change the prices of the Food Tour (s).
If the Participant does not pay a due amount (in time), Hungry Birds is entitled to not allow the Participant to participate in the Food Tour and cancel the agreement on a last minute base.
Complaints regarding invoices must be sent to Hungry Birds no later than within eight (8) days after receipt of the invoice to: email@example.com
The Participant will provide the following information: full names of all the participants, nationality, phone number, e-mail address, name of accommodation in the Netherlands, dietary restrictions of all participants of the group they are booking for.
After providing the required information described above, the Participant will be directed to the payment page. Payments need to be done at the moment of booking by credit card, PayPal, bank transfer, or any other electronic method of payment at the time available.
As soon as payment is proceeded, the Participant will receive an automated booking confirmation by e-mail. This booking confirmation provides information, such as: name of the tour booked, date and starting time of the tour, the meeting point of the start of the tour and more.
The meeting point for our tours depends on the type of tour and is agreed and described in email correspondence. An email with the address and directions is sent to the provided email address at the time of booking.
The Participant is required to provide a proof of booking if requested by the Hungry Birds guide.
Paragraph 9: TICKETS
Tickets will be sent by e-mail to the e-mail address specified by the Participant, unless explicitly stated otherwise. Participant must have a proof of the purchased ticket either in an electronic or paper version.
The Participant is obliged to check upon receipt whether the Ticket complies with the agreement and the information stated thereon is correct. If this is not the case, the Participant must inform Hungry Birds of this as soon as possible and in any case within 24 hours after the dispatch, by e-mail.
Tickets lose their validity on expiry of the date of validity indicated thereon or the date of the booked Food Tour. The amount of the tickets with the expiry date will not be refunded.
Tickets may not be resold or used in any way for commercial purposes without the prior written permission of Hungry Birds. If this proves to be the case, Hungry Birds is entitled to refuse participation in the Food Tour.
Each Ticket can only be used once. Only the person who first submits the Ticket has access to the Food Tour to which the Ticket entitles.
Paragraph 10: WEATHER & FORCE MAJEURE
Our tours are held regardless of the weather conditions. In any weather case - we ask the participants to wear adequate clothing and comfortable shoes. Bad weather conditions are not grounds for cancelling the tour unless they make it impossible to walk or if Hungry Birds determine that the weather conditions are threatening to the safety of the participants. If we decide to cancel the tour due to extreme weather conditions, we will issue a full refund for the tour to all the participants. No refund is available if you decide not to take the tour because of unfavourable weather conditions.
If on the side of Hungry Birds there is force majeure, Hungry Birds has the right to suspend the execution of the Food Tour as long as this situation continues or, at the option of Hungry Birds cancel the Food Tour. Force majeure is in case of failure of restaurants, cafe’s or street vendors, strikes, and any other situation in which Hungry Birds can not exercise decisive control.
In case of force majeure Hungry Birds is not obliged to compensate any costs or damage to the Participant. This concerns costs other than the costs of the ordered Hungry Birds tickets, such as a hotel stay or travel costs.
Paragraph 11: CANCELLATIONS & RESCHEDULE
Cancellation is free of charge until 15 days before the Food Tour takes place.
If the cancellation is made between 15 and 7 days prior to the start of the tour, a cancellation fee of 50% applies.
There will be no refund of the price paid for the Ticket for cancellations made less than 7 days before the start of the Food Tour, or in the event that a Participant does not show up or will show up later. Participants should take into account that sickness, flight delays and oversleeping are not ground for a refund.
If participant decides to reschedule his or her tour, this is free of charge if the rescheduling takes place more than 7 days before the tour.
If the participant decides to reschedule a tour less than 7 days before the tour takes place, a fee of EUR 35 per person applies.
The minimum number of participants to start a tour is 2 (two). In case of not reaching the minimum number at least 24h ahead of the scheduled start of the tour, Hungry Birds has the right to cancel the tour and refund all payments received.
Paragraph 12: OBLIGATIONS OF THE PARTICIPANT
The Participant acknowledges that s/he will participate in a walking tour and confirms that s/he is able to walk a reasonable distance (up to 3,5 km). If any other transportation is used during the tour (such as taxi, tram, bus, etc.), the participant agrees to cover the costs of it.
As Hungry Birds provides Walking Tours through public areas, the Participant should be aware of the local rules and regulations applicable for pedestrians.
The Participant is obliged to abide by all reasonable instructions of Hungry Birds.
The Participant is obliged to refrain from:
- Consuming alcoholic beverages, unless during schedules breaks on the Walking Tour;
- Consumption or transportation of drugs (whether recreational or other types of drugs);
- Displaying aggressive behavior, harassing, threatening or acting in any other improper way towards the Guide, the persons providing service during the Food Tour or other Participants of the Tour;
- In any way hindering Hungry Birds Guides from performing their obligations.
Paragraph 13: RESPONSIBILITY / LIABILITY
Participant joins the Food Tour at his / her own risk. Hungry Birds is not liable for any damage that occurs to the Participant when traveling to or from the Food Tour or attending it.
Hungry Birds shall assume no responsibility for accidents, damages or injuries occurred during the tour. In such case the Participant does not place any responsibility at the side of our company and shall abandon any claims on Hungry Birds.
Hungry Birds is not liable for the products and / or services delivered by the participating Restaurants, Cafe’s and street vendors, nor for incorrect information on the Hungry Birds website.
Hungry Birds is not responsible for any damage to (in) movable goods in the Restaurant, Cafe’s or vendors stalls due to a Participant during the Food Tour.
Furthermore, Hungry Birds is not liable for any damage or loss of personal property of the Participant during the Food Tour.
Paragraph 14: APPLICABLE LAW AND COMPETENT COURT
Dutch law applies exclusively to the agreement and these Terms and Conditions.
Disputes about the agreement and / or these Terms and Conditions will only be submitted to a competent court in the district of Amsterdam.
Questions about our terms and conditions should be sent to us at firstname.lastname@example.org
Hungry Birds Street Food Tours B.V.
KVK (Chamber of Commerce): 67121160
BTW (VAT) : NL856840373B01