General Terms and Conditions of PRIVATE TOURGUIDES
1.1. In these General Terms and Conditions of Private Tourguides (“Terms”), the following terms are defined as set forth below:
Private Tourguides, the trade name of Motivation Travel BV, with registered office at Amersfoort, The Netherlands and website at www.private-tourguides.com You: every user of this website www.private-tourguides.com (“Site”).
2. Applicability of these Terms
2.1. All activities performed by Private Tourguides will be solely on the basis of these Terms. Private Tourguides provides this Site only to you subject to these Terms. By using the Site, you agree to comply with and be bound by the Terms. Other general terms and conditions are not applicable. If you do not agree to these Terms, do not use the Site.
2.2. If any provision of these Terms, or the agreement (or parts thereof) as a result of using the Site, proves to be void for whatever reason, this does not affect the validity of the other provisions.
3. Offer, acceptance and pricing
3.1. An agreement is created upon your’s acceptance of the guide’s offer.Acceptance can be arranged either directly or through the services of thisSite. After the creation of the agreement, you receive confirmation by the tour guide as soon as possible, either on paper or electronically, optionally inthe form of an invoice. By confirming the confirmation of the tour guide or byusing the services of the tour guide, you are committed to this agreement.
3.2. Pricing and invoicing will take place at the rates and prices as agreedupon in the agreement. Payment will be made in euros. Pricing is set by thetour guides directly.
4. Warranties for using the Site
4.1. By using the Site, you represent and warrant that you have the right, authority, and capacity to enter into agreements and to abide by all of the terms and conditions herein. You further represent and warrant that all registration information you submit is truthful and accurate and that you agree to maintain the accuracy of such information. You are solely responsible for all content published or displayed through using the Site and for your interactions with other users of the Site. You must be eighteen (18) or over to use the Site.
5. Intellectual and industrial property rights
5.1. The Site and all text, images, marks, logo, trademarks and other contentcontained herein, including the Private Tourguides logo are the property of Private Tourguides . All intellectual and/or industrial property rights, includingany rights to trademarks, patents as well as the copyright within the meaning of the Copyright Act under Dutch law, remain vested in Private Tourguides.
6. Usage of tour guides
6.1. Private Tourguides assumes no responsibility for incorrect information collected from any of the tour guides registered on the Site, and for any delay, changes in his/her schedule, strikes, injury, weather, fire, theft, quarantine, medical or customs regulations and similar act or incident beyond its ability to control. Private Tourguides is not responsible for any arrangements made between you and the tour guide in the country you visit.
7. Content posted on the Site
7.1. Private Tourguides may review, modify, or delete, without notice, any data, text, software, music, message, photograph or other information, that - in the sole judgment of Private Tourguides - violates these Terms, might be offensive, indecent, or illegal, or might harm, violate the rights, or threaten the safety of Private Tourguides and/or any (other) person.
7.2. Private Tourguides is not responsible for information as produced or published under yourresponsibility. You are solely responsible for the content that you publish, transmit, upload, communicate, or display on the Site. By posting content on the Site, you agree to bear all risks associated with the accuracy and completeness of such content.
7.3. You further represent and warrant that any content posted by you on the does not violate or infringe the privacy rights, copyright, trademarks, moral rights or other intellectual property rights, or proprietary rights of any person or entity. You agree to pay all royalties, fees, and other monies owing to any person or entity by reason of any content that you post on the Site.
8. General exclusions and limitation of liability
8.1. Use of the Site shall be at your sole risk. To the fullest extent permitted by law in each applicable jurisdiction, Private Tourguides and its employees disclaim all warranties in connection with the Site and your use thereof. Private Tourguides assumes no liability or responsibility for: errors, mistakes, or inaccuracies in the content of the Site; personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site and the tour guides; any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party; and/or any product or service advertised or offered by a third party through the Site.
8.2. Private Tourguides will not be liable for any indirect, incidental, special and/or consequential damages whatsoever which result from any use or access of, or any inability to use or access, this Site or its content, including but not limited to any dealings with the tour guides.
8.3. Nor is Private Tourguides liable if and insofar you have been able to claimyour loss under an insurance policy, such as a travel and/or holiday insurancepolicy. All liability on the part of Private Tourguides will in any case be limitedto the amount being paid to the tour guide(s) or invoiced by the tour guide(s).
8.4. In these matters as mentioned in the articles 8.1., 8.2. and 8.3. an exception will be made in the event of malicious intent or equivalent grossnegligence on the part of Private Tourguides.
9.1. You agree to defend, indemnify and hold harmless Private Tourguidesand its employees from and against any and all claims,alsobythirdparties,damages, obligations, losses, liabilities, costs or debt, and expenses(including but not limited to attorney's fees) arising from: your use of andaccess to the Site; your use of the tour guides; your violation of these Terms;and/or personal injury or property damage, of any nature whatsoever,resulting from your access to and use of the Site and/or use of the tourguides, unless such claims result from gross negligence or intentionalmisconduct on the part of Private Tourguides.
10. Disputes and applicable law
10.1. Disputes that cannot be solved amicably by the parties involved will besubject to the laws of the Netherlands. Disputes will be settled by thecompetent Court in the Netherlands, or through arbitration if this has been agreed upon with the parties involved.