Terms and conditions

Cityfans General Terms and Conditions of Use

Hey there, welcome to Cityfans! These are the rules of the game for using our platform, so let's get started. These terms apply to you as soon as you use the platform. If you do not wish to be legally bound by these terms, then please do not access or use our platform.

Our platform is your go-to place for exploring cities, and we're thrilled you're here. We're all about making city exploration easy and fun. We're like the middle person between you and the cool experiences you want to do in a city. We work with awesome local suppliers, and everything you see on our platform comes from them. We don't make the experiences, but we help you book them. When you book something, you're not buying from us, but from the supplier. We're just here to make the connection. Please read the terms from the supplier carefully, because they may contain important information for you, e.g. regarding cancellation options and other conditions.

Got Questions? We're here: If you have any questions about your booking, feel free to reach out to our customer service. We'll do our best to help, usually within 24-48 hours.

1. Definitions and interpretation

The following definitions shall have the following meanings, where words in the singular shall include the plural and vice versa:

(a) Cityfans means Digital Travel House B.V., trading under the name Cityfans, a company incorporated and registered in the Netherlands, whose registered office is at Slijperweg 12 A, 1032KV Amsterdam, The Netherlands.

(b) Connectivity Partner refers to a third party that operates a (API) service to connect Supplier’s systems to the Platform.

(d) Experiences refer to Supplier’s products and services included or to be included on the Platform, including but not limited to self-guided tours, gamification of cities, live remote tours, digital-physical experiences.

(e) Payment Service Provider refers to the payment service provider (eg. Stripe) that processes payment transactions on behalf of Cityfans and/or the Supplier.

(f) Platform refers to the online marketplace www.cityfans.com for digital experiences operated by Cityfans.

(g) Retail Price means the price offered on the Platform, determined by Supplier (including applicable taxes and other fees).

(h) Services refer to the ongoing hosting of the Platform and the accompanying services to make the Platform available and to enable (c) Customers to purchase Experiences from Suppliers through the Platform.

(i) Supplier means a third-party offering Experiences on the Platform.

(j) Supplier Agreement refers to the separate agreement with Supplier governing the sale and execution of the Experiences.

(k) Terms means these general terms and conditions of use.

2. Platform Services

2.1 Cityfans enables Customer to view Experiences on, and purchase Experiences from Suppliers through, the Platform.

2.2 Cityfans shall provide the Services to Customer with reasonable skill and care and provide the Platform “as is” and “as available”. Cityfans does not guarantee that there will be no interruptions in the availability and/or functioning of the Platform, that the Platform will be free of errors and defects and/or that the design, content and functionalities of the Platform will remain the same.

2.3 Cityfans is at all times entitled, without prior notice, to temporarily discontinue the use of the Platform and/or limit the use of the Platform if this is necessary in the reasonable opinion of Cityfans, for instance in the context of unplanned or planned maintenance to the Platform. In addition, Cityfans is entitled to make changes to the content, composition and functionalities of the Platform at its own discretion.

2.4 Cityfans reserves the right to remove listings of the Experiences and to reasonably change or shorten the content, form, and format of the listed Experiences at its own discretion, and/or to remove hyperlinks and/or photos. Cityfans may for example do so, if the Experience is otherwise unlawful, inappropriate, or damaging to Cityfans. This does not affect Experiences purchased by Customer.

3. Purchase Experiences

3.1 If the Customer wishes to purchase an Experience through the Platform from Suppliers, Customer shall conclude a Supplier Agreement by completing the ordering process.

3.2 Nothing in the Supplier Agreement shall affect your relationship with us, or our legal rights. In the event of a conflict between a provision of the Supplier Agreement and a provision in section 6 of these Terms, the provision that is more beneficial to you shall govern the relationship between you and the Supplier.

3.2 After checking the details of the Experience, Customer shall add the Experience listed on the Platform to the checkout area by clicking the button accordingly. After clicking the checkout button, Customer shall provide the mandatory information necessary to purchase the Experience.

3.4 At the end of the ordering process, Customer submits by finishing the checkout a binding offer to conclude the Supplier Agreement with the Supplier that will provide the Experience. Unless otherwise agreed, the Retail Price for the Experience is payable immediately upon booking. After receipt of the offer, Cityfans will send Customer an automatic order confirmation on behalf of the Supplier. This order confirmation does not constitute an acceptance of the offer.

3.5 Cityfans accepts the offer in the name and on behalf of the Supplier once Customer receives a confirmation issued in the name and on behalf of the Supplier. If applicable, Customer receives access to a voucher or ticket and a payment confirmation (or payment request). Cityfans reserve the right to accept or reject offers at its sole discretion.

4. Customer obligations

4.1 Customer shall not use the Platform under any circumstances for business purposes.

4.2 Customer must at all times provide accurate, current, and complete information.

4.3 Customer represent and warrant to Cityfans that: (i) Customer has the full power and authority to enter into an agreement with Cityfans and Supplier and to carry out its obligations; and (ii) Customer own all right, title, and interest in and to Customer’s data necessary to permit the access, use, and processing of Customer’s data in accordance with these Terms.

5. Pricing and payments

5.1 Cityfans shall list the Experiences on the Platform for the Retail Price, minus the applicable discount (if any).

5.2 CityFans shall list the Retail Price in Supplier’s preferred currency, and may, in its sole discretion, display the Retail Price in any other currency and, when needed, rounding the Retail Price to an even number.

5.3 Customer shall pay the Retail Price less any applicable discount (if any). If Customer fails to make the payment in accordance with these Terms, the Supplier Agreement and/or the terms of the Payment Service Provider within the specified period, Cityfans reserves the right to cancel the Experience.

5.4 Customer agrees to pay using the payment methods indicated and grant authorization to Cityfans and/or the applicable Payment Service Provider to charge or otherwise implement the selected payment methods. Cityfans and/or the Payment Service Provider shall charge, all taxes, tariffs, levies, or duties applicable to the payment. Customer is responsible for: (a) the accuracy of all credit and debit card information or other payment method information that Customer provides to Cityfans; and (b) maintaining the confidentiality and security of the account information, including without limitation with respect to payment methods. Customer should not disclose payment information to anyone.

5.5 Cityfans is entitled to collect the Retail Price in the name of and on behalf of the Supplier, unless otherwise expressly stated. With the successful payment to Cityfans, Customer has fulfilled its payment obligations towards the Supplier with a discharging effect. If the Retail Price is to be paid in a currency other than Customer local currency, Cityfans may collect payment in Customer’s local currency and convert the Retail Price to a foreign currency at the then current exchange rate. For highly volatile currencies, Cityfans may charge a reasonable exchange fee.

5.6 If the Customer finds an Experience booked through the Platform, (excluding offers based on loyalty programs), (i) with the same conditions (e.g. date, location, number of persons), (ii) with the same services, (iii) at a lower price on the internet, (iv) bookable with the same Supplier and prove this to Cityfans, Cityfans will pay Customer the difference between the price paid or payable by Customer and the lower price found and available on the internet.

6. Support and cancellation

6.1 Cityfans shall offer Customer reasonable chat and email support from Monday to Friday between 09:00-17.00 CET/CEST to answer and resolve issues related to the use of the Platform, the purchase/sale of Experiences and cancellation of purchases/sales through Cityfans’ customer service .

6.2 Customer shall make all cancellations of purchased Experiences through Cityfans’ customer service .

6.3 Cityfans shall fully refund the total Retail Price to the Customer, (i) if Customer cancels the Experience at least 24 hours prior to the scheduled execution date and time of the Experience, or (ii) a force majeure event preventing Customer from participating or being able to participate in the scheduled Experience.

6.4 If Supplier cancels the Experience, Cityfans shall communicate the cancellation as soon as reasonably possible to the Customer and shall fully refund the Retail Price to the Customer.

6.5 Cityfans is Customer’s contact in connection with a Supplier Agreement and payment. If the Customer wishes to request a refund of the Retail Price outside of our cancellation policy, Customer may contact us. Cityfans shall contact the Supplier, and the Supplier will determine in its discretion whether to honor the refund request. A refund granted by the Supplier can be processed by the Supplier through Cityfans.

7. Rights of withdrawal

7.1 Customers who are consumers and have their habitual residency is in the European Economic Area, may have the right of withdrawal (e.g. withdrawal of purchased Experiences which contain the purchase of a product at a distance). Experiences involving the provision of temporary accommodation, car rental services, catering and leisure services, if the agreement provides for a specific time or period of performance and obtained digital content are excluded.

7.2 Customer has the right to withdraw without giving any reason from the Supplier Agreement and/or the agreement with Cityfans within 14 days from the day on which the Customer physically acquires possession of the last goods.

7.3 To exercise the right of withdrawal, Customer must inform Cityfans as described in clause 7.1 or by means of letter sent by post. Customer may use the withdrawal form as provided in Annex 1.

7.4 Upon withdrawal Cityfans shall reimburse to Customer all payments received from Customer, including the costs of delivery (with the exception of the supplementary costs resulting from Customer’s choice of a type of delivery other than the least expensive type of standard delivery offered by Cityfans), without undue delay and in any event not later than 14 days from the day on which Cityfans is informed about the decision to withdraw from the agreement. Cityfans will carry out such reimbursement using the same means of payment as Customer used for the initial transaction, unless Customer has expressly agreed otherwise; in any event, Customer will not incur any fees as a result of such reimbursement.

7.5 Customer shall send back the goods or hand them over to Cityfans without undue delay and in any event not later than 14 days from the day on which Customer communicates the withdrawal from the agreement to Cityfans. The deadline is met if Customer sends back the goods before the period of 14 days has expired.

8. Grant of rights

8.1 Cityfans and its licensors own all rights, titles, and interests in and to the Platform, including its content. Subject to the limited rights expressly granted hereunder, Cityfans reserves all rights, title, and interest in and to the Platform, including all related intellectual property rights. No intellectual property rights are granted to Customer hereunder other than as expressly set forth herein.

8.2 Except as expressly provided in these Terms, no part of the Platform may be reproduced, altered, modified, republished, copied, transmitted, or distributed by you for commercial use, for the creation of derivative works, or public display in any form or by any means, except as otherwise permitted by these Terms or by written confirmation by Cityfans.

8.3 Cityfans, hereby grants the Customer during the term as described in clause 9, a limited, non-exclusive, non-transferrable, and non-sublicensable license to access and use the Platform as it is made available to Customer solely for Customer’s personal use.

9. Term and termination

9.1 All agreements entered into between the Customer and Cityfans, shall be subject to these Terms, unless expressly agreed otherwise in writing. These Terms apply to all Customers, as soon as the Customer accesses and uses the Platform. These Terms shall continue until (i) Customer discontinues the use of the Platform and (ii) if the Customers has entered into a Supplier Agreement until the Supplier Agreement is terminated.

9.2 Cityfans may terminate or suspend Customer’s access to the Platform if (i) Cityfans believes Customer, or Customer’s use of the Platform violates these Terms; or (ii) Cityfans decide for whatever reason that the Platform will be decommissioned.

9.3 Customer may terminate its access to the Platform by ceasing use of the Platform.

9.4 The provisions of these Terms which by their nature are intended to survive expiration or termination of these Terms shall survive.

10. Liability, warranty and indemnity

10.1 Cityfans liability for any damage in connection with these Terms or on any basis whatsoever, is limited to EUR 100.

10.2 Cityfans is solely liable for direct damages and under no circumstances liable for any indirect damage suffered by Supplier, including but not limited to consequential damage, loss of profit, lost income, damage to reputation, damage as a result of business interruption, and loss of data.

10.3 Cityfans is under no circumstances liable for any damage resulting directly or indirectly from or related to (i) the conduct of Suppliers, (ii) the conclusion of any agreement between Customer and a Supplier, (iii) the (temporary or otherwise) unavailability or reduced functioning of the Platform, (iv) information which is shown on the Platform but which originates from third parties and Suppliers and/or (v) connectivity failures or the actions or omissions of the Connectivity Partner.

10.4 Nothing in this Agreement shall limit Cityfans’ liability for damage resulting from intent or gross negligence on the part of Cityfans.

11. Data protection and privacy

11.1 Parties shall comply with all data protection and privacy laws and regulations in force from time to time and applicable to each Party.

11.2 Cityfans will process personal data in accordance with its privacy statement.

11.3 Cityfans and Supplier both act as an independent controller of Customer’s personal data.

12. Governing law and jurisdiction

12.1 Any agreement between Customer and Cityfans shall be governed and construed in all respects in accordance with the laws of the Netherlands without regard to any conflict of laws principles. The exclusive venue and jurisdiction for any action or proceeding arising out of this agreement shall be the competent court of Amsterdam, without prejudice to any other mandatory consumer protection regulation prevailing in Customer’s country of residence.

12.2 Any dispute arising out or in connection with any agreement between Customer and Cityfans shall be subject to the exclusive jurisdiction of the competent court in Amsterdam, the Netherlands.

13. Miscellaneous

13.1 Cityfans shall not be in breach of these Terms nor liable for delay in performing, or failure to perform, any of its obligations thereunder if such delay or failure results from events, circumstances or causes beyond its reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of Cityfans or any other party), failure of a utility service or transport or telecommunications network or the internet, act of God, war, riot, civil commotion, compliance with any law or governmental order, rule, regulation or direction, fire, flood or storm. In such circumstances, Cityfans shall be entitled to a reasonable extension of the time for performing such obligations, provided that if the period of delay or non-performance continues for three (3) months, either Party may terminate the agreement by giving thirty (30) days’ written notice to the other Party.

13.2 Any amendment or waiver of any provision and any waiver of any default under these Terms shall only be effective if made in writing and signed by Parties subject to the provisions as set out in these Terms

13.3 If any provision of these Terms, or portion thereof, is held to be void, invalid, illegal or unenforceable, this shall not affect the legality, validity or enforceability of the remaining provisions. The invalid provisions shall, if required, be modified or amended to the fullest extent possible under applicable law so as to reflect the original meaning and intent of the Parties.

13.4 Cityfans shall be entitled, at its sole discretion, to amend these Terms in the interim without giving any reason if circumstances so require, without being in any way liable to Customer for damages or costs. Cityfans will inform Customer in advance of any material changes unless this is not reasonably possible. Amendments will take effect proactively, upon Customer’s subsequent access to Cityfans.

Cityfans
Digital Travel House B.V.
Slijperweg 12 A, 1032KV
Amsterdam, The Netherlands

Annex 1 – Model withdrawal form
(copy the model below to send the form to us to [email protected])

Ordered on (date):
Order number:

I (full name as when purchased)___________________________________________ hereby inform you that I revoke our agreement concerning the purchase of the following product:

(products purchased)
1.
2.
3.
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