Terms & Conditions

of architour, with its registered office in Utrechtsed­warsstraat 30B in Amsterdam, registered with the Cham­ber of Com­merce under num­ber 71387331.


Art­icle 1 Defin­i­tions
The fol­low­ing terms are used in these Gen­eral Terms and Con­di­tions:
- Con­tractor: architour.
- Cli­ent: each legal entity or nat­ural per­son, act­ing in the course of a com­pany or pro­fes­sion or oth­er­wise, who instructs the Con­tractor to carry out any work activ­it­ies.
- Agree­ment: agree­ment between Cli­ent and Con­tractor.
- Pro­duc­tion date: the (first) date when, pur­su­ant to the Agree­ment, the event to be organ­ised or per­formed by the Con­tractor will take place.
- Con­sumer: a nat­ural per­son not act­ing in the course of any com­pany or profession.


Art­icle 2 Applic­ab­il­ity of these Terms and Con­di­tions
1. These Terms and Con­di­tions apply to each offer and each Agree­ment the Con­tractor has declared them applic­able to, inso­far as these Terms and Con­di­tions have not been expli­citly depar­ted from by parties.


Art­icle 3 Offers
1. Explor­at­ory talks as well as offers pre­pared by the Con­tractor are free of oblig­a­tions, unless oth­er­wise decided dur­ing the explor­at­ory talks.
2. Unless oth­er­wise stated, the prices stated in the offer are exclus­ive of VAT, trans­port costs and travel and accom­mod­a­tion expenses which need to be incurred for per­form­ing the assign­ment, if any.
3. The Con­tractor has the right to pass on to the Cli­ent any interim cost price changes as a res­ult of changes in legis­la­tion or gov­ern­mental or non-governmental levies. The Cli­ent has the right to dis­solve the Agree­ment provided that the Con­tractor does indeed pro­ceed to pass on interim changes in the cost price when the cause of these changes are non-governmental and take place within three months of con­clud­ing the agree­ment. Passing on the costs of for­eign cur­rency occurs accord­ing to the exchange rate in effect on the invoice date.


Art­icle 4 Per­form­ing the Agree­ment
1. The Con­tractor will per­form the Agree­ment accord­ing to its best judge­ment and abil­ity and in accord­ance with the require­ments of pro­fes­sional stand­ards.
2. The Cli­ent will ensure that all details of which the Con­tractor indic­ates these are required or of which the Cli­ent in all reas­on­able­ness should under­stand these are required for per­form­ing the agree­ment will be made avail­able to the Con­tractor in good time. If the details required for per­form­ing the Agree­ment have not been made avail­able to the Con­tractor in good time, the Con­tractor has the right to sus­pend the per­form­ance of the agree­ment and/or to charge the Cli­ent the addi­tional costs res­ult­ing from the delay accord­ing to the cus­tom­ary rates.
3. The Con­tractor is not liable for any dam­age of whatever nature due incor­rect or incom­plete details provided by the Cli­ent, unless the Con­tractor should have been aware of this incor­rect­ness or incom­plete­ness.
4. If it has been agreed that the Agree­ment will be imple­men­ted in phases, the Con­tractor may post­pone those parts belong­ing to a next phase until the Cli­ent has approved the res­ults of the pre­vi­ous phase in writing.


Art­icle 5 Representation

1. If and inso­far as a proper per­form­ance of the Agree­ment requires such, the Con­tractor has the right to have cer­tain work activ­it­ies car­ried out by third parties. Involving third parties takes place in con­sulta­tion with the Cli­ent as much as pos­sible.
2. In the event that the Con­tractor is forced to con­clude agree­ments with third parties in order to prop­erly per­form the Agree­ment, he will act as the indir­ect rep­res­ent­at­ive of the Cli­ent. The Con­tractor has the right to charge a medi­ation fee for this.

3. The Con­tractor will try, accord­ing to prin­ciples of reas­on­able­ness and fair­ness, to observe oblig­a­tions from the agree­ments as referred to in the pre­vi­ous para­graph, without how­ever being obliged to start legal pro­ceed­ings.
4. The para­graphs 1 through 3 apply inso­far as they are not con­trary to the man­dat­ory pro­vi­sions of Art­icle 7(425) through Art­icle 7(427) of the Dutch Civil Code or any man­dat­ory reg­u­la­tion regard­ing medi­ation agree­ments in effect at a later date.


Art­icle 6 Modi­fy­ing the Agree­ment
1. If dur­ing the per­form­ance of the Agree­ment, it emerges that for a proper per­form­ance it is required to change or sup­ple­ment the work activ­it­ies to be car­ried out, parties will modify the Agree­ment in mutual con­sulta­tion and in good time.
2. If parties agree that the Agree­ment will be mod­i­fied or sup­ple­men­ted, this may influ­ence the time of com­ple­tion of the per­form­ance. The Con­tractor will notify the Cli­ent of this as soon as pos­sible.
3. If the modi­fic­a­tion or sup­ple­ment­a­tion of the Agree­ment has fin­an­cial or qual­it­at­ive implic­a­tions, the Cli­ent will be noti­fied of this by the Con­tractor before­hand. If a fixed price or a fixed fee was agreed, the Con­tractor will indic­ate to what extent such price or fee will be exceeded due to the modi­fic­a­tion or sup­ple­ment­a­tion of the Agree­ment.
4. In con­tra­ven­tion from para­graph 3, the Con­tractor will not be able to charge fur­ther costs if the modi­fic­a­tion or sup­ple­ment­a­tion is the res­ult of cir­cum­stances that can be attrib­uted to her.


Art­icle 7 Con­fid­en­ti­al­ity
Both parties are bound to keep con­fid­en­tial all clas­si­fied inform­a­tion they have received from each other or from other sources in the con­text of the Agree­ment. Inform­a­tion is clas­si­fied if such has been com­mu­nic­ated by the other party or if such ensues from the nature of the information.


Art­icle 8 Intel­lec­tual prop­erty
1. Without pre­ju­dice to the pro­vi­sions in Art­icle 7 of these Terms and Con­di­tions, the Con­tractor reserves the rights and powers ves­ted in him under the Copy­right Act.
2. All doc­u­ments provided by the Con­tractor, such as reports, advice, designs, drafts, draw­ings, soft­ware etc., are inten­ded to be used by the Cli­ent only and may not be repro­duced, made pub­lic or dis­closed to third parties without prior per­mis­sion by the Con­tractor.
3. The Con­tractor also reserves the right to use the increased know­ledge res­ult­ing from per­form­ing the work activ­it­ies, inso­far as no con­fid­en­tial inform­a­tion is released to third parties.


Art­icle 9 Can­cel­la­tion
1. If the Cli­ent is not act­ing in the course of a com­pany or pro­fes­sion, the fol­low­ing applies:
a. Both parties may ter­min­ate the Agree­ment at all times. Can­cel­la­tion by the Con­tractor should be sup­por­ted with reas­ons.
b. If the Cli­ent can­cels the assign­ment after the Agree­ment is con­cluded, the below per­cent­age of the agreed amount — as stated in the Agree­ment — is pay­able, depend­ing on the time of can­cel­la­tion;

- 50% on can­cel­la­tion within 60 days of the deliv­ery date
- 75% on can­cel­la­tion within 30 days of the deliv­ery date
- 100% on can­cel­la­tion within 14 days of the deliv­ery date.
If can­cel­la­tion takes place over 60 days before the deliv­ery date, the Cli­ent owes the Con­tractor the organ­isa­tional fee expli­citly stated in the Agree­ment.
2. If the Cli­ent is act­ing in the course of a com­pany or pro­fes­sion, the fol­low­ing applies:
a. Both parties may ter­min­ate the Agree­ment at all times, provided they do so in writ­ing stat­ing reas­ons.
b. Para­graphs 1 b. and 1 c. shall apply mutatis mutandis.


Art­icle 10 Dis­solv­ing the Agree­ment
The claims by the Con­tractor on the Cli­ent are imme­di­ately due and pay­able in the fol­low­ing cases:
- after con­clud­ing the Agree­ment, cir­cum­stances become known to the Con­tractor that give him grounds to fear that the Cli­ent will not ful­fil its oblig­a­tions;
- if the Con­tractor, upon con­clud­ing the Agree­ment, reques­ted the Cli­ent to provide secur­ity for observing the Agree­ment and this secur­ity has not been provided or is insuf­fi­cient. In such cases men­tioned, the Con­tractor is author­ised to sus­pend fur­ther per­form­ance of the Agree­ment or to dis­solve the Agree­ment without pre­ju­dice to the right to claim compensation.


Art­icle 11 Faults and time lim­its for com­plaints
1. Com­plaints about the work activ­it­ies car­ried out should be com­mu­nic­ated to the Con­tractor in writ­ing by the Cli­ent within 8 days after their dis­cov­ery, but no longer than 8 days after com­ple­tion of the rel­ev­ant work activ­it­ies.
2. If a com­plaint proves to be well-founded, Con­tractor will carry out the activ­it­ies as agreed, unless this has become point­less for the Cli­ent in the mean­time. This should be made known by the Cli­ent. If car­ry­ing out the ser­vices as agreed is no longer pos­sible or use­ful, the Con­tractor will be liable only within the bound­ar­ies estab­lished in Art­icle 14.


Art­icle 12 Pay­ment
1. The Con­tractor reserves the right to require an advance pay­ment from the Cli­ent of no more than 100% of the agreed amount as stated in the Agree­ment. Any advance pay­ments will be deduc­ted from the final invoice.
2. Pay­ment should be made within 14 days of the invoice date. After expiry of this term, the Cli­ent is in default. From the moment The Cli­ent is in default of the amount pay­able, interest shall be due equal to the stat­utory interest plus two per­cent­age points with a min­imum of 12% per annum.
3. In the event of liquid­a­tion, bank­ruptcy or insolv­ency, or morator­ium of the Cli­ent, the Client’s oblig­a­tions will be imme­di­ately due and payable.


Art­icle 13 Col­lec­tion costs
1. If the Cli­ent is in default with observ­ance of one or more of his oblig­a­tions, all reas­on­able costs in order to obtain com­pli­ance extraju­di­cially are at the expense of Cli­ent. In any case, the Cli­ent will owe 15%. If the Con­tractor demon­strates to have incurred fur­ther costs which were reas­on­ably required, these costs will also qual­ify for reim­burse­ment by the Cli­ent.
2. The judi­cial costs incurred by the Con­tractor are pay­able by the Cli­ent in all instances, bar­ring where the Cli­ent can show these are unreas­on­ably high. This applies only if the Con­tractor and Cli­ent are con­duct­ing legal pro­ceed­ings in rela­tion to an Agree­ment to which these Terms and Con­di­tions apply and a judi­cial decision has become final and con­clus­ive, find­ing fully or pre­dom­in­antly against the Client.


Art­icle 14 Liability

1. The Contractor’s liab­il­ity is lim­ited to the amount of the (reas­on­ably to be expec­ted) pay­able price and/or the (reas­on­ably to be expec­ted) fee to be paid by the Cli­ent. Where assign­ments are con­cerned with a dur­a­tion of longer than six months, liab­il­ity is fur­ther lim­ited to the pay­able price and/or part of the fee of the last six months.
2. Fur­ther­more, the Contractor’s liab­il­ity is lim­ited to dir­ect dam­age res­ult­ing from not, untimely or inad­equately observing the Agree­ment. Fur­ther­more, the Con­tractor is in no way what­so­ever liable for con­sequen­tial dam­ages, such as loss of earn­ings.
3. The lim­it­a­tions of liab­il­ity included in these Terms and Con­di­tions do not apply if the dam­age can be attrib­uted to gross mis­con­duct by the Con­tractor or his man­aging sub­or­din­ates.
4. The Cli­ent should without delay and not more than 8 days after the Cli­ent became aware or should have become aware of the dam­age notify the Con­tractor of any claim for com­pens­a­tion.
5. The lim­it­a­tion period of any judi­cial claim for com­pens­a­tion by the Cli­ent amounts to 18 months and com­mences on the day fol­low­ing the day the event which caused the dam­age took place.


Art­icle 15 Force Majeure
1. Force Majeure is under­stood to mean cir­cum­stances pre­vent­ing the observ­ance of the oblig­a­tion and which are not attrib­ut­able to the Con­tractor. These cir­cum­stances (if and inso­far these cir­cum­stances pre­vent or unreas­on­ably hinder observ­ance) shall include: strikes; a gen­eral lack of required mater­i­als and other items or ser­vices required to real­ise the agreed per­form­ance; unanti­cip­ated delay at sup­pli­ers or third parties the Con­tractor is depend­ent upon; the fail­ure of an artist to appear due to ill­ness; gen­eral trans­port prob­lems.
2. The Con­tractor also has the right to invoke force majeure if the cir­cum­stances which hinder (fur­ther) observ­ance occur after the Con­tractor should have observed its oblig­a­tions.
3. The Con­tractor has, if pos­sible, the right to effect a reas­on­able sub­sti­tute per­form­ance. The Cli­ent has, in the case the Con­tractor effects a reas­on­able sub­sti­tute per­form­ance, no right to a deduc­tion of the agreed price and/or agreed fee. Fur­ther­more, the Cli­ent does not have the right to dis­solve the Agree­ment.
4. Dur­ing force majeure, the Contractor’s oblig­a­tions are sus­pen­ded. If the period in which the Contractor’s oblig­a­tions can­not be observed lasts longer than one month, both parties are author­ised to dis­solve the Agree­ment without an oblig­a­tion to pay com­pens­a­tion arising.
5. If the Con­tractor has already observed part of its oblig­a­tions or can observe only part of its oblig­a­tions upon com­mence­ment of the force majeure situ­ation, it has the right to invoice the per­formed part and/or the per­form­able part sep­ar­ately and the Cli­ent is obliged to pay the invoice as if it were a sep­ar­ate con­tract. Such, how­ever, does not apply if the part per­formed and/or the per­form­able part has no inde­pend­ent value.


Art­icle 16 Set­tle­ment of dis­putes
1. In con­tra­ven­tion of the stat­utory rules regard­ing the author­ity of the civil courts, if the court has jur­is­dic­tion, each dis­pute between Cli­ent and Con­tractor shall be settled by the Amsterdam Dis­trict Court. The Con­tractor remains author­ised to sum­mon the Cli­ent before the com­pet­ent court accord­ing to the law or the appro­pri­ate inter­na­tional treaty law.
2. If the Cli­ent is a con­sumer or if in its com­pany or prac­tice (includ­ing the Cli­ent itself) three or fewer per­sons are employed, the Cli­ent has the right for one month after Con­tractor has invoked this pro­vi­sion in writ­ing, to elect set­tle­ment of the dis­pute by the com­pet­ent court accord­ing to the law.


Art­icle 17 Applic­able law
All legal rela­tion­ships between Con­tractor and Cli­ent are gov­erned by Dutch law.


Art­icle 18 Modi­fic­a­tion of the Agreement

The Con­tractor is author­ised to modify these Terms and Con­di­tions. These modi­fic­a­tions shall enter into force at the time announced for that pur­pose. The Con­tractor shall send the mod­i­fied terms and con­di­tions to the Cli­ent in good time. If no time of enter­ing into force has been announced, the changes will enter into force towards the Cli­ent at the moment the changes are announced to the Client.

Amsterdam, 2019

Your health is our top priority! Our tours take place in the open air, with 1,50 metre safety distance between participants and max. 15 participants per guide. A user-friendly and hygienic audioguide system is available and can be used with your own headphones.