Transport Terms & Conditions of the EMA foundation (Chamber of Commerce Amsterdam), as registered with the Chamber of Commerce Amsterdam on 13th of march 2020.
Article 1: Common, Definitions
In the Terms and Conditions, below, we define the following:
a. Transport Terms & Conditions: The terms & conditions that define the transport of passengers by, or under responsibility of, the EMA foundation with museum(tram)equipment, not being public transport as defined in the “Wet Personenvervoer 2000”.
b. Agreement: The agreement that allows the EMA foundation to offer transport to clients in museum(tram)equipment by the publicized timetable.
c. Cliënt: The natural person or legal entity that has an agreement with the EMA foundation in which the EMA foundation offers the client a ride with museum(tram)equipment.
d. EMA Foundation: “Stichting Electrische Museumtramlijn Amsterdam”, statutory located at Amstelveenseweg 264, 1075 XV in Amsterdam
e. Ride: one, or more, transportation movements within a certain period with museum(tram)equipment that can not be seen as Public Transport as defined by law in the “Wet Personenvervoer 2000”.
f. Route: the route, according to the agreement between the EMA foundation and client, that has been provided in a timetable.
g. Museum(tram)equipment: historical trams that have been used in the past for Public Transport and/or historical transportation equipment
that has been used in the past for Special Transport, not being Public Transport, and are significantly different than other than regular transport methods for Public Transport.
h. Operator of local Public Transport: the legal entity that provides and operates the local Public Transport.
i. Timetable: Transport is arranged by the timetable that is provided and published by the EMA foundation. In the timetable shall be noted: The days on which Transport is provided, departure times, passing times and interval of said passage times. These are provided by approximation. The departure times from the starting point are determined by the station-clocks of the operator, or in case of lack thereof, by the watch(es) of the authorized personnel. If the circumstances require it, the EMA Foundation is allowed to deviate from timetabled route and/or time(s) and/or (preferred) method of transportation.
Article 2: Applicability/Cancellation
These Terms and Conditions are applicable to any agreement, whether it be written, oral and/or otherwise, with the EMA foundation and client to whom museum(tram)equipment is provided for one or more ride(s). Requests for agreements should be provided at least 30 days before commencement to allow the EMA foundation to provide the Museum(tram)equipment as well as available volunteers such as conductor(s) and Driver(s).
Agreements that stretch to, and beyond, Transportations and/or other acts of agreement are, for the applicability of these Terms and conditions, equated to the agreements in the previous sub and therefor subject to these Terms and Conditions.
Reservations for one or more ride(s) can be done until 30 days before planned commencement of said ride(s). If cancelled within 30/22/15/8 days before the agreed date of commencement, the EMA foundation charges 25/50/75/100% of the agreed upon fee. From this clause can not be deviated by separate written or oral agreement.
The EMA foundation rejects explicitly any and all applicable (delivery)conditions set by client.
Article 3: Special Terms
Special Terms, that deviate from these Terms and Conditions, are only valid when they have been explicitly, in writing, agreed upon by both the EMA foundation and client. These Special conditions are only valid for the agreement for which they have been agreed upon.
Article 4: Object
These Terms & Conditions are applicable to one or more vehicle(s) that have been specified in the agreement.
Usage of one or more vehicle(s) as per sub 1 of this article, and as per the agreement, implies that the client has accepted the vehicles as fit for the intended purpose.
Usage of one or more vehicle(s) as per sub 1 of this article is only possible by implicit use of the personnel and services provided by said personnel/volunteers of the EMA foundation.
Article 5: Insurance(s)
The EMA foundation is obligated to keep any and all provided vehicle(s) insured with the by law required insurance(s).
Article 6: Condition of historic and/or special equipment; Competency of Personnel
The EMA foundation takes care to keep the provided museum(tram)equipment in optimal maintenance condition.
The EMA foundation stands for the competency of the personnel provided.
Article 7: Liability
The EMA foundation only accept liability for the amount it is insured for.
Article 8: Liability exclusion
Notwithstanding article 6, the EMA foundation is never liable
a. in case of damage, of any kind, that the other party suffers due to one ore more of the offered vehicle(s) being, or have been, unusable or unfit for the intended purpose(s).
b. in case of damage, of any kind, resulting from mistakes or errors whether it would be our own or those resulting from the execution of the agreement with the client, including personnel of the EMA foundation.
c. in case of damage, of any kind, caused by client or any related persons by using any and all provided equipment by the EMA foundation under the agreement.
d. in case of damage, of any kind, caused by delays during one or more ride(s) and/or caused by deviation from the timetable and/or caused by any and all deviations from the timetable and/or caused by inoperability of the service due to unforeseen circumstances that include, but are not limited to:
1) (extreme) weather conditions;
2) the traffic situation at any given place or time;
3) Directions, restrictions and deviations given to the EMA foundation personnel by the authorities thereto qualified such as, but not limited to, Police, Fire Service and the Operator of the local Public Transport;
4) partial or complete black-out of the overhead catenary system that is required for the vehicular motive power;
5) defects or problems with the rail infrastructure in the broadest sense;
6) werkonderbrekingen, wilde en georganiseerde stakingen bij de exploitant(en) van het lokaal openbaar vervoer;
7) molestation / sabotage;
8) (civil)war, where the Netherlands, the kingdom in Europe, is involved in;
9) (suspected/imminent) terrorist attack in the Netherlands, defined as the Kingdom in Europe;
10) Accidents – in the broadest sense of the word – and/or derailments where one or more vehicle(s) of the EMA foundation are involved in;
11) deviation in route(s) by (verbal) request of the client(s) during the ride(s) addressed to the EMA foundation Personnel.
The provisions in article 8, Sub 1, paragraph d, are also applicable when due to one of the (un)named causes or other unforeseen circumstances a ride can not commence or has to be terminated earlier than per the agreement.
In case of damages caused by and/or suffered by a client or third party, of any kind or nature, related to the execution of the agreement between the EMA foundation and the client, and personnel is held personally liable by said client or third-party, our personnel is allowed to reject personal liability based on these Terms & Conditions.
Article 9: Force Majeur
In case of Force Majeur (Act of God), whereto at least one, but not all, of the situations as defined under Article 8, Sub 1, Paragraph 2 of these Terms and Conditions are included, the EMA foundation is allowed to postpone the execution of the agreement, or partially or even completely disband the agreement, without compensation of any kind to the client.
Article 10: Pricing
The rates of the EMA foundation as known to the client, at the time that the offer of the EMA foundation was accepted by the client, apply between EMA and the client.
the EMA foundation is entitled to adjust the pricing / rate(s) if increased prices make this necessary.
Article 11: Terms of payment
The Client receives a specified invoice, in which the agreed ride(s) is described with date, times, number of vehicles and, if applicable, which vehicles and the amount to be paid.
The correctness of the invoice is deemed to be established if the client has not notified the EMA foundation, in writing, of alleged inaccuracies within 30 days of the date of the invoice.
The invoice must be paid before the execution of the agreement, unless otherwise agreed, to the account number stated on the invoice, without deduction, discount or set-off.
To ensure payment of the invoice, the EMA foundation may, upon concluding the agreement, require the client to pay an advance of up to 100% of the amount owed to the EMA foundation.
If, contrary to the provisions of paragraph 3, no payment or partial or late payment has been made, the entire claim, or the remaining part thereof, will become immediately due and payable on the client. A notice of default is then no longer necessary; on top of the amount due, default interest of 1.5% per month may be charged until full repayment has been received. Part of a month is calculated as a whole month.
All costs falling under the collection of the amount due, including default interest, both judicial and extrajudicial collection costs amount to 15% of the total amount to be claimed with a minimum of € 125.00.
Article 12: Applicable law; competent court
Dutch law applies to all agreements. All disputes between the parties about the interpretation or application of these general terms and conditions will be submitted for settlement to the competent Dutch court.
Article 13: Final Provisions
If any provision in these General Conditions of Carriage is annulled by a court decision or otherwise declared non-binding, the remaining provisions will remain in full force.
The EMA foundation is entitled to change or adjust these Terms & Conditions at any time. Said changes or adjustments have no consequences for the legal relationship existing between the EMA foundation and the client at that time.