Terms and conditions

Article 1 Applicability General Terms and Conditions

  1. The General Terms and Conditions apply to all closed and to be closed agreements between WALKING DINNER (later referred to as WD) and the participant during a WALKING DINNER evening (later referred to as participant).
  2. The General Terms and Conditions of third parties, which will be visited by the participant during these WALKING DINNER tour, are applicable on the legal relationship between WD and the participant. This includes the city tour and reservations that WD made for the participant. When these third parties serve food and/or drinks (later referred to as meals) to the participant, these third parties will be referred to as ‘restaurant’.
  3. The participant is bound to WD, the restaurants and third parties to follow the General Terms and Conditions.
  4. Conditions in the agreement itself will go before present General Terms and Conditions. In case of lack of clarity or differences in insight about the meaning of a contractual provision, the contractual provision will be explained taking into account the scope and content of the present General Terms and Conditions. When there are any other lack of clarities, the present General Terms and Conditions are leading and as following the information that’s written on the WALKING DINNER website or the information that’s given by WD is the leading information.

Article 2 Performance WD

  1. WD doesn’t link itself towards the participant when it comes to the provision of meals, but has a mediating role. This mediating role means that WD, after the participant agreed to the offer, will make a reservation at the various restaurants. The restaurants will offer the participants, according to their own independent agreement, a meal that will be served at the restaurant. There is only a financial settlement between the participant and WD and the payment will be done by WD as agreed with the participant and the restaurant. WD assures the participant that there will be no additional or individual costs or fees charged by the restaurant to the participant. This only includes the meals and drinks that WD offers and that are included in the WALKING DINNER package.
  2. The participant grants WD the power of attorney to close agreements, as written in 2.1, with the various restaurants. The participant agrees to the present agreement between him and the restaurant by ordering and eating a meal at the restaurant.
  3. The performance which WD links itself towards the participant is limited to:
  4. Making sure that the participant is in possession of the city tour of the city of his choice and any additional accessories.
  5. Administrative and financial processing of the reservations at the restaurants and other catering establishments where the participants will eat their meals, which are included in the WALKING DINNER package, during the city tour. The role of WD in this matter, will always be limited to that of a mediator.
  6. WD proposes the WALKING DINNER tour to the participant, but this is only a service and the participant isn’t forced to follow this proposal. WD isn’t responsible for the agreements that a participant agrees to when it comes to the restaurants. WD is in no case liable for the lack of performance by restaurants or third parties or for any other defects at the side of restaurants or third parties.
  7. A fee for renting or using any services of third parties isn’t included in the price that the participant agrees to according to the agreement that has been closed with WD. Third parties are the first point of contact for the participant in this case. WD will be the second point of contact for general questions that the participant has.

Article 3 Reservations

  1. The participant can only derive rights from a reservation when WD has received the payment within the established period of time that has been set by WD.
  2. The reservation will be cancelled if the participant doesn’t follow the conditions or doesn’t follow the conditions within the set time according to 3.1. The participant can’t invoke any right against WD. In this case the participant is required to pay the set price to WD.
  3. WD has the right to cancel the WALKING DINNER tour because of their own reasons. The participant is entitled to a refund of the already paid price.

Article 4 Price and payment

  1. Unless there is a written agreement about a different price, the mentioned or agreed prices are per person and including VAT.
  2. The price is based on the known prices, taxes, etc. when the reservation was made. WD has the right to increase te price within three months after the reservation was made, in case the prices in one of these categories rises. The participant is bound to this price.
  3. The participant has the right to dissolve the agreement with WD and all the closed agreements with third parties, like restaurants, if the price increases within three months after te reservation. WD and the involved third parties aren’t responsible towards the participant when it comes to this kind of cancellation.
  4. WD is at all time entitled to increase the price as far as this follows from a change in the law such as a VAT increase.

Article 5 Route

  1. The city tours are carefully designed by WD. WD can’t be held responsible for any mistakes in the city tour. These mistakes could show up because of constructions and changes because of constructions.
  2. WD has the right to change the program, the city tour and the restaurants. WD will do it’s best to find an equivalent alternative if, for whatever reason, one or more of the aspects can’t be carried out on the location or like WD has organized it. The additional costs (with a maximum of 10% of the total price) can be charged in the participant’s account by WD.
  3. WD isn’t responsible or required to offer a refund if the city tour and/or consuming the offered dishes by circumstances that aren’t in WD’s power (including, but not limited to: government regulations, natural phenomena, weather conditions, sickness of a participant(s) or involved third parties, strikes, default by third parties, etc.). WD isn’t responsible if the participant is experiencing any hassle.

Article 6 Regulations

  1. The participant must wear an identity card or passport at all times. A driver’s license is not a valid identification card.
  2. The participant shall obey the rules of the (central and decentralized) governments in which the city tour takes place. This includes the traffic regulations.
  3. The participant follows the instructions of WD and third parties, including those of the restaurants. These instructions are given or written down for a safe and good implementation of the agreement or agreements.
  4. The participant has to check by himself which documents he needs for the chosen location and which conditions he has to follow. WD has no responsibility in that regard.
  5. The possible negative consequences of non-compliance of the applicable requirements (including, but not limited to: fines, damage, etc.) come at the account and risk of the participant. The participant indemnifies WD for possible negative consequences. In no case the participant is entitled to a refund of the price.

Article 7 Liability WD

  1. The participants are aware that they participate in the public traffic as ordinary road user and that they have to behave and follow the traffic rules and regulations, everything in the broadest sense of the term. WD and third parties that are involved during the WALKING DINNER tour aren’t responsible for any damages suffered by a participant during the WALKING DINNER tour or otherwise. In particular, WD isn’t responsible for an accident, regardless if the accident is caused by the participant itself or one or more of the other participants, another road user, or a defect in the road surface, cycle path or any other cause which occurs during the tour. The exclusion of the responsibility of WD applies for damage to the participant itself, including (material and immaterial) damages in case of inability to work, a handicap, permanent or temporary injury or passing away. The exclusion of the responsibility of WD applies also for damages to personal belongings and materials, as well as damages to other participants and/or belongings or materials of other participants, other road users or owners of business along the road and everything in the broadest sense of the term.
  2. WD isn’t responsible for damages caused by any goods or services during the city tour that are used directly or indirectly by restaurants and other third parties (including, but not limited to: meals, transport, transport companies, accommodation, guides, security guards, caterers, sports materials, etc.)
  3. WD isn’t responsible for actions of other participants or employees of restaurants or other third parties. WD isn’t responsible for actions from their own staff or other third parties, except when the damage is caused from their own actions or disregard of a supervisor of WD or when the damaged is caused on purpose.
  4. If WD is responsible, according to the General Terms and Conditions, the responsibility is limited to the amount that will be paid out by their liability insurance and actually will be received by WD.
  5. If the articles miss their validity or lose their validity, the responsibility of WD is limited to the height of the price that’s participant related.
  6. The participant is required to own a liability insurance and an accident insurance. Non-compliance with this obligation comes for the own account and risk of the participant.

Article 8 Disclaimer

  1. If WD is held responsible when the participant causes damages during the WALKING DINNER tour or during his stay in one of the restaurants or another event, WD will be indemnified for the damage.
  2. The participant that closed the agreement with WD, also for the purpose of other participants, guarantees that the other participants know the General Terms and Conditions of WD and the involved restaurants and third parties. WD will be indemnified for any responsibility which exceeds these General Terms and Conditions.

Article 9 Cancellation

  1. After the reservation there is a binding agreement between WD and the participant.
  2. There is a possibility of a refund of the price in case of cancellation. With a group up to 7 people, a cancellation can be communicated to us by e-mail up to one day before departure until 3 p.m. at the latest. We can refund the paid amount free of charge (however, we do not refund money on gift certificates). With a group of 8 persons or more, a cancellation can be communicated to us by e-mail up to one week prior to the evening WALKING DINNER. We can refund the amount paid free of charge (however, we do not refund money on gift certificates). If the cancellation is notified 3 days prior to the evening WALKING DINNER before 3 p.m., you can choose a new date.
  3. Exception: For the GLOW Eindhoven special our cancellation policy is different. A full refund can only be given if you’ve cancelled at least 14 days in advance.

Article 10 Disclaimer participant

  1. The participant has to follow all of the regulations and instructions of WD and the involved restaurants and other third parties as well as the locally applicable regulations.
  2. The participant receives a city tour and any additional accessories. The participant has to return the city tour and any additional accessories to the first restaurant or at the restaurant where the dessert will be served. When the city tour or any additional accessories aren’t brought back or when they are damaged, the costs for the replacement and/or the damage, will be for the account of the participant.
  3. All damages, hassle and violations, caused by the participant will be for account and risk of the participant.
  4. The participant is responsible for any damages caused to rented or used materials and/or damages to (materials of) participants or other third parties.
  5. If a participant is in breach of instructions or regulations which are related to the safety or a smooth enlargement of the city tour, WD is entitled to rule out the participant of any further participation. WD doesn’t have to pay any compensation or refund of the price in this case.
  6. The participant who has made the reservation is responsible for the other participants he booked for.

Article 11 Gift cards

  1. Gift cards are valid until the date that’s mentioned on the gift card. Gift cards that are expired can’t be used or exchanged for money.
  2. Gift cards will never be exchanged for money.

Article 12 Law for the protection of personal information

  1. WD uses the personal data of the participant in order to be able to carry out the agreement. WD will share the personal data of the participant with third parties that are involved in the agreement of the WALKING DINNER tour.
  2. WD stores the personal data of the participant and uses this for marketing- and communication purposes. When the participant doesn’t want WD to do this, he can submit a written request to delete him from the database of WD. WD will always do what the participant asked regarding the request.
  3. The use of the address file of WD is done according to the guidelines of the Data Protection Authority.

Article 13 Applicable law and dispute settlement

  1. The information on the website walkingdinner.com is leading if a disagreement is arising about the interpretation of the General Terms and Conditions.
  2. The Dutch law is applicable on the present General Terms and Conditions.
  3. The Dutch law is applicable on the agreement that WD has closed with a restaurant or another third party in name of the participant.
  4. Any disputes between the parties will be submitted to the competent court.