general conditions of batavia stad shopping shuttle

The Bataviastad Shopping Shuttle forms part of Batavia Stad Outlet Shopping B.V (further herein: 'Batavia Stad') listed at the Chamber of Commerce under number 30220831 and VAT number NL8173.78.820.B.01. Batavia Stad has its registered office in Rotterdam and its principal place of business there at Weena 210, 3012 NJ.

Customers who bought a return ticket on our Website can use the shuttle service of the Bataviastad Shopping Shuttle. The Bataviastad Shopping Shuttle will leave from the Pickup point in Amsterdam and will take you directly to the Batavia Stad Fashion Outlet and will also drop you off again at the Pickup point. If you buy a Transport Ticket, these General Conditions will apply as set out in this document.

Contact

For any questions about these General Conditions or for other questions with regard to our shuttle service you can contact our customer service by phone on 0320-29 29 00 and via e-mail on info@bataviastad.nl.

Clause 1. Definitions

Definitions are written with a capital letter and have the same meaning in the singular as well as in the plural.

1.1. Bataviastad Shopping Shuttle: the shuttle service which you can use as a Traveller by booking a Transport Ticket via the booking platform on the Website.

1.3. Agreement: the Transport agreement entered between you the Traveller and Batavia Stad.

1.4. Pickup Point: the respective location from which you the Traveller will be picked up by the Carrier at the indicated times.

1.5. Traveller: a customer who has bought a Transport Ticket via the booking platform on the Website of Batavia Stad.

1.6. Transport: the service provided by the Carrier consisting of transporting Travellers by bus between the Pickup Points and Batavia Fashion Outlet.

1.7. Carrier: the external bus company as the carrier responsible for carrying out the Transport of the Traveller.

1.8. Transport Ticket: the valid ticket by which the Traveller, by showing it to the Carrier, is entitled to a return trip with the Carrier.

1.9. Working Days: the days from Monday up to and including Friday from 9:00 am until 6:00 pm CET, with the exception of Dutch official holidays unless Batavia Stad indicates explicitly that different opening times apply to it.

1.10. Web site: the https://shoppingshuttle.bataviastad.nl websites and all underlying pages.

Clause 2. Application

2.1 These General Conditions are applicable to all legal acts and Agreements of Batavia Stad as well as any Agreement(s) whatsoever entered into between Batavia Stad and the Traveller, and also to all activities arising from this for Batavia Stad.

2.2. By making a booking on the Website of Batavia Stad, you declare that you the Traveller are aware of these General Conditions and as a Traveller you acknowledge the validity of these conditions.

Clause 3. Formation and content of the Agreement

3.1. The Agreement between Batavia Stad and the Traveller is formed at the moment you the Traveller have completed the payment via the Website of the Bataviastad Shopping Shuttle and Batavia Stad has received the payment. Subsequently Batavia Stad will send the Transport Tickets to you the Traveller to the e-mail address specified by the Traveller.

3.3. The Transport Ticket is only valid:

a. on the date which you the Traveller determined during the booking process;

b. at the departure times indicated by Batavia Stad; and

c. from the Pickup Points indicated by Batavia Stad.

3.4. Batavia Stad reserves the right to change the indicated departure times and the indicated Pickup Points. Batavia Stad will inform you of this via e-mail as soon as possible.

3.5. The departure times indicated by Batavia Stad are considered as the latest departure times for the Carrier. As a Traveller you must ensure yourself that you are on time at the respective Pickup Point from which you will be picked up by the Carrier.

3.6. On the outward trip as well as on the return trip you can only use the Transport as a Traveller if you show the valid Transport Ticket to the Carrier.

Clause 4. Right of withdrawal

4.1. After Batavia Stad has received payment the booking has become final. As the Traveller you cannot exercise a right of withdrawal or grace period since these are not applicable to agreements with regard to the transport of persons.

Clause 5. Price and payments

5.1. The prices applicable to the Bataviastad Shopping Shuttle are including VAT and other additional costs unless explicitly otherwise stated by Batavia Stad.

5.2. Batavia Stad might charge any extra costs which arise from the payment method used by the Traveller.

5.3. The total amount payable by the Traveller must in any event be paid before the final confirmation of the booking by Batavia Stad will be received.

Clause 6. Discount code promotion

6.1 In connection with certain events or promotions Batavia Stad may grant discount codes. Unique discount codes are granted once only. In the event of theft or loss there will be no compensation. The term loss also means (accidentally) deleting e-mails.

6.2 It is not allowed to change or forge discount codes including by hacking, distribution of viruses, spamming or forwarding.

6.3 Discount codes cannot be used for commercial purposes and/or purposes other than for which they were issued.

6.4 Any (attempted) fraud or other forbidden act is recorded and will result in denial of the use of discount codes.

Clause 7. Liability

7.1. Subject to the intention or conscious recklessness of the Carrier, Batavia Stad will not be liable for any delays which cause a nuisance for the Traveller and neither for any damage arising from this. Delays can occur in the event of technical defects of the bus as well as in the event of force majeure, including but not limited to weather conditions, queues, work strikes, roadworks and other obstructions.

7.2. The liability of Batavia Stad on account of an attributable failure, wrongful act or otherwise, is limited to compensation of direct loss only. By direct loss is meant exclusively:

a. Damage to property;

b. expenses reasonably incurred which the Traveller would have to make to ensure that the performances of Batavia Stad are in accordance with the agreements;

c. expenses reasonably incurred to prevent or restrict loss, insofar as the Traveller can demonstrate that these expenses resulted in a restriction of the direct loss within the sense of the arrangements with Batavia Stad.

d. expenses reasonably incurred to prevent or restrict loss, insofar as the Traveller can demonstrate that these expenses resulted in a restriction of the direct loss within the sense of the Agreement.

7.3. Batavia Stad will never be liable for indirect loss. The term indirect loss means for instance consequential loss, lost profit, missed savings, loss as a result of changed departure times, loss due to operational delays and other loss items, other than the direct loss specified in Clause 6.2.

7.4. The liability of Batavia Stad will never exceed EUR 1,500. If the Traveller has an insurance in this connection (for instance by taking out a travel and/or cancellation insurance or a health insurance) the liability will explicitly be limited to no more than the amount that will be paid by the insurer in the respective case.

7.5. All claims on account of the liability of Batavia Stad will lapse after a period of twelve (12) months has expired after the Traveller has taken note of the respective loss.

7.6 The foregoing limitations of liability do not apply in the event of the intention or conscious recklessness of Batavia Stad and insofar as the loss was caused by the own action or omission of Batavia Stad.

Clause 8. Obligations of the Traveller

8.1 The Traveller is obliged to behave during the Transport according to the directions of the Carrier including cooperating immediately and unconditionally with any luggage check.

8.2. As a Traveller you must have a valid proof of identity and show it at the first request of the Carrier.

8.3. As a Traveller you are also obliged to pack your luggage properly before commencement of the Transport (including to avoid damage to other luggage or the bus) and to provide your luggage clearly with an indication of your name and address.

8.4 The Carrier is entitled to refuse the Transport of luggage if the number or size of the packages provided by the Traveller is unreasonable and/or exceeds the weight of 20 kg per person.

8.5. For security reasons and/or at the request of the authorities you as a Traveller could be asked to cooperate with a luggage search. As a Traveller you are obliged to cooperate with this immediately. The Carrier is also entitled to inspect unattended luggage or have this inspected.

8.6. The Traveller is not allowed:

a. to carry with him any drugs, explosives, weapons, oxygen bottles or hazardous substances in his luggage or otherwise;

b. to stand or walk in the bus while it is driving and/or to consume (hot) drinks unless this is at the personal risk of the Traveller;

8.7. As a Traveller you are obliged in the bus to refrain from:

a. causing damage and/or contamination of the bus;

b. using alcoholic drinks and narcotics;

c. touching emergency provisions, such as the emergency exit and the escape hatch;

d. smoking;

e. disturbing the Carrier in any way in the performance of its duties;

f. causing any nuisance and inconvenience for fellow travellers or road users;

g. endangering the safety of yourself, the other passengers, the Carrier or other road users.

8.8. As a Traveller you are also obliged when driving to wear the seat belts insofar as they are present. For the Transport of children up to the age of twelve (12) years the carers are responsible for them wearing the seat belts when driving, insofar as they are present.

8.9. Batavia Stad and/or the Carrier is entitled to deny the Transport or further transport to you as a Traveller and order you to leave the bus immediately if as a Traveller you act in contravention of the obligations set out above. As a Traveller you will in that case not be entitled to any compensation or refund of the Transport Tickets.

8.10. As a Traveller you are obliged to compensate any damage which Batavia Stad and/or the Carrier has suffered and/or will suffer because of you the Traveller acting in contravention of one of the obligations referred to above.

Clause 9. Duration and cancellation

9.1. After the Traveller has completed his payment, he is bound to the Agreement.

9.2. The Agreement between the Traveller and Batavia Stad terminates by operation of law, in the event that the date has lapsed on which the Transport Tickets are valid, at the moment that the Traveller has used the Transport Tickets or if the Traveller is not present on time at the Pickup Point.

9.3. Batavia Stad reserves the right to terminate the Agreement without incurring any costs in the event that Batavia Stad has a valid reason to do so with regard to a Traveller. This valid reason can be, but is not at all limited to, poor previous experience(s) with the respective Traveller(s) and/or a reasonable suspicion that the Traveller(s) will cause damage.

Clause 10. Maintenance

10.1. Batavia Stad makes efforts to keep the Bataviastad Shopping Shuttle, the Website and the associated services to this end operational. Batavia Stad cannot be held liable for this by you the Traveller.

10.2. Due to technical problems and/or maintenance to the Bataviastad Shopping Shuttle, it may be that the Website and/or associated services are (temporarily) unavailable. The Traveller acknowledges that Batavia Stad is entitled to change or maintain the services referred to above at any time.

Clause 11. Privacy

11.1. Batavia Stad tries to treat the privacy of the Travellers with due care. In carrying out its activities Batavia Stad processes the personal data of the Traveller. To this end Batavia Stad has formulated a privacy statement. This is a separate document that can be viewed on the Website of Batavia Stad.

Clause 12. Complaints

12.1. Complaints with regard to Bataviastad Shopping Shuttle can be submitted by a Traveller via the e-mail address: info@bataviastad.nl.

12.2. If the complaint does not result in a mutual solution, as a Traveller you can submit the compliant to the ODR platform of the European Commission. This is possible via the following link: https://webgate.ec.europa.eu/odr.

Clause 13. Applicable law and disputes

13.1. The Agreement between Batavia Stad and you the Traveller is exclusively governed by Dutch law.

13.2. If any provisions in these General Conditions would be fully or partially invalid for any reason whatsoever, the Agreement and these General Conditions will remain fully effective for the remainder.

13.3. If any provisions in these General Conditions would be fully or partially in contravention of mandatory consumer law for any reason whatsoever, the mandatory consumer law will prevail with regard to this/those provision(s) but the Agreement and these General Conditions will remain fully effective for the remainder.

These General Conditions are formulated on 17 December 2018