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​TERMS AND CONDITIONS

 

 

 

 

TERMS AND CONDITIONS  

Prepared on the basis of the European Package Travel Directive 2015/2302/eu

 

 

Article 1 - Definitions

  1. Entrepreneur: natural or legal person who concludes an agreement with a customer. 

  2. Customer: natural or legal person who concludes an agreement with the entrepreneur regarding a boat trip with a captain, including accommodation on board a ship for him and/or his guests.

  3. Captain: skipper/captain who is in command of the ship.

  4. Guest: the person who is on board the ship at the invitation of the customer and with the permission of the entrepreneur.

  5. Ship: the ship referred to as such in the agreement or a comparable ship.

  6. Agreement: any agreement between entrepreneur and customer whereby the entrepreneur undertakes vis-à-vis the customer to transport the customer and/or his guests on a ship against payment.

  7. Sailing trip: the entirety of sailing with and staying on board the ship during the period specified in the agreement.

  8. Electronically: by email or website.

 

Article 2 - Applicability

  1. These conditions apply to agreements that the entrepreneur concludes with the customer.

  2. These conditions apply between entrepreneur and customer. The customer points out the rules of these general terms and conditions to his guests. The customer indemnifies the entrepreneur against all claims that the guest makes against the entrepreneur, insofar as liability of the entrepreneur would be excluded if the customer made this claim against the entrepreneur.

  3. These terms and conditions also apply to all natural and legal persons that the entrepreneur, in the broadest sense of the word, uses or has made use of when concluding and/or executing the agreement.

  4. These terms and conditions apply to the exclusion and express rejection of any terms and conditions used by the customer, unless the parties expressly agree otherwise in writing.

  5. If the cruise does not include an overnight stay or covers a period of less than 24 hours or is occasionally offered to a limited group of customers without profit motive, Articles 13 and 14 and the provisions of the Standard Package Travel Information Form do not apply.  

 

Article 3 - The offer

  1. A general offer from the entrepreneur in the form of folders, advertisements or websites is without obligation and must be regarded as an invitation to negotiate.

  2. The entrepreneur makes the individual offer in writing or electronically.

  3. The written or electronic offer is dated and is irrevocable during the specified term or, in the absence of a term, during 14 days after the date.

   4.  In any case, the offer states:

  • The nature, content and scope of the services to be provided by the entrepreneur;

  • The total price of the cruise, for individual bookings per person and for group bookings per group, and the percentage that must be paid in advance;

  • The method and term of payment;

  • The date and time of embarkation and disembarkation.

  • The maximum number of guests per ship;

  • For individual bookings, the reservation of cancellation by the entrepreneur (plus the term within which) if the required minimum number of registrations is not reached.

  • A copy of these terms and conditions, if not previously provided.  

 

Article 4 - Agreement

    The agreement is concluded by acceptance of the offer. The entrepreneur will maintain a reservation     up to 14 days after issuance of an invoice.  

 

Article 5 - Payment conditions

    Payment must be made no later than 7 days after receipt of the invoice. If timely payment is not made      the reservation and the agreement becomes invalid.

 

Article 6 - Cancellation

  1. If the customer wishes to cancel the agreement, he must inform the entrepreneur thereof in writing or electronically as soon as possible. The date of receipt by the entrepreneur is regarded as the date of cancellation.

  2. In the event of cancellation, the customer owes the entrepreneur a fixed compensation of a percentage of the agreed price, namely:

 

  •     15% in case of cancellation up to 2 months before departure;

  •     25% in case of cancellation up to 1 month before departure;

  •     50% in case of cancellation up to 2 weeks before departure;

  •     75% in case of cancellation up to 1 week before departure;

  •     95% in case of cancellation up to and including 1 day before departure;

  •    100% in case of cancellation on the day of departure.

  3.  The customer can request a substitution from the entrepreneur up to 7 days before departure. The one who      the customer must comply with all conditions attached to the agreement. The customer and the person       who replaces him are jointly and severally liable for payment of the price still due for the cruise,         the change costs of € 50.00 and any additional costs.

  4.  The customer who cancels the agreement is obliged to pay the cancellation costs in accordance with the provisions of the previous

     members, unless the actual damage is demonstrably 15% higher or lower than the fixed amount, in      in which case the customer owes that demonstrably higher or lower amount. This amount can no longer be             exceed the maximum price of the agreement. Damage is understood to mean loss suffered and            lost profit.

  5.  The entrepreneur can cancel the agreement if he is unable to perform the agreement as a result of:           unavoidable and extraordinary circumstances and he the customer thereof immediately and before the start of the           sailing trip.

  6.  The entrepreneur can cancel the agreement within the term stated in the offer if the          number of registrations is less than the requirement made known prior to booking                    minimum number of participants.

  7.  In the cases referred to in paragraphs 6 and 7 above, the entrepreneur pays all costs incurred by the customer for the cruise         amounts already paid in full without being liable for compensation.  

 

Article 7 - Rights and obligations of the entrepreneur 

  1. The entrepreneur guarantees that the ship and the crew comply with the legal regulations and that they are provided with at least proper safety equipment.

  2. The sailing route is determined by the entrepreneur and/or the captain in consultation with the customer, unless otherwise agreed.

  3. The entrepreneur and/or the captain is authorized at all times to change the cruise on the basis of (expected) nautical and/or meteorological reasons. This also includes changing the place of departure and/or arrival and temporarily not sailing. Nautical and/or meteorological grounds include the weather conditions, the tide, blockage of waterways and the condition of the ship.

  4. In the cases mentioned in the previous paragraph, the entrepreneur and/or captain will try to find a different solution in consultation with the customer. Any additional costs, insofar as reasonable, will be borne by the customer. The entrepreneur and/or captain decides whether the chosen solution is reasonably feasible.

  5. In the unlikely event that the agreed ship and/or the captain is/are not available, the entrepreneur is entitled to deploy an equivalent other ship or another captain. If this is not possible and the unavailability is the result of a cause that a careful entrepreneur could not have prevented, then the entrepreneur is entitled to dissolve the agreement.

  6. The entrepreneur can increase the price up to twenty days before the start of the cruise in connection with changes in the transport costs (including fuel costs) or the taxes and levies owed. When applying this provision, the entrepreneur will indicate how the increase has been calculated. In the event that the increase amounts to more than 8%, the customer has the right to cancel the agreement free of charge within ten days of receipt of this written notification.

  7. If the costs referred to in the previous paragraph decrease after the conclusion of the agreement and before the start of the trip, the customer is entitled to a price reduction. In that case, the entrepreneur has the right to deduct administrative costs incurred from the refund.

  8.  The entrepreneur can cancel the agreement within the term stated in the offer if the          number of registrations is less than the required minimum number communicated prior to booking      Attendees.

  9.  The entrepreneur points out to the customer the obligation of Article 8, paragraph 9.

  10. The entrepreneur makes agreements with the customer about the payment of port, bridge, lock and pilot fees,      local taxes and other levies such as tourist tax and fuel costs.

  11. If, due to unavoidable and extraordinary circumstances, the        return of the customer and/or guests as agreed in the agreement, then the costs of the necessary        accommodation for a maximum of three nights per customer/guest at the expense of the entrepreneur.  

 

Article 8 - rights and obligations of the customer

  1. The customer is obliged to provide the entrepreneur or his representative with a list of the names of the guests, including telephone numbers of contact persons, at the latest at the start of the cruise.

  2. At the end of the agreed sailing period, the customer must ensure that the ship is in the same condition as at the start of the agreed sailing period, insofar as this is within its sphere of influence.

  3. If the customer has not acted in accordance with the provisions of the previous paragraph, the entrepreneur is entitled to restore the ship to the condition in which it was at the start of the agreed sailing period at the customer's expense. The latter does not apply if the said costs are covered by the insurance.

  4. The customer and his guests must at all times follow the instructions of the entrepreneur and/or captain and/or other crew members. This applies in particular with regard to regulations and instructions which are in the interest of order and safety.

  5. The customer provides the captain and any crew present, free of charge, with the option of using the catering available on board. If no meals are taken on board, an amount for catering for the captain and crew will be included in the rental price.

  6. The luggage of the customer and his guests must be of such size and placed in such a way that this does not cause any hindrance. This is at the discretion of the captain. Baggage allowance includes the hand-carry items normally required for the personal use of the customer and/or guest, other than food and/or drink, which a customer and/or guest can easily carry at one time; packed in suitcases, bags, duffel bags and/or backpacks.

  7. Bringing or having dangerous substances, weapons, drugs or contraband on board by the customer and/or his guests is prohibited.

  8. It is prohibited to bring or have pets on board without express prior permission.

  9. The customer points out to his guests the provisions of these terms and conditions that apply to them.  

 

Article 9 - Non-conformity

  1. If one or more services are not performed in accordance with the agreement, the entrepreneur will ensure that the non-conformity is remedied, unless:

  2. is impossible; or

  3. Incurs disproportionately high costs, taking into account the degree of non-conformity and the value of the services involved.

  4. The consumer must immediately inform the entrepreneur of the non-conformity.

 

Article 10 - Dissolution and suspension

  1. If one of the parties does not fulfill its obligation under the agreement, the other party is authorized to suspend the opposite obligation or to dissolve the agreement, unless the shortcoming does not justify suspension or dissolution due to its special nature or minor significance.

  2. Dissolution of the agreement is in any case possible if;

  • The other party goes bankrupt, this suspension of payment is granted, there is a question of debt restructuring, or is placed under guardianship;

  • The other party does not fulfill its obligations under the agreement within 14 days after having been given written notice of default.

  • By the entrepreneur if there is a situation as referred to in Article 8 paragraph 4, 6, 7 or 8.

  • The ship in question is not available due to unforeseen circumstances and it is not possible to offer another comparable ship in time, despite the entrepreneur making sufficient effort.

  • By the entrepreneur if the number of registrations within the period stated in the offer is less than the required minimum number of participants made known prior to the booking.

  1. Termination or dissolution must be made in writing, stating the grounds on which it is based. The agreement is deemed to have been dissolved extrajudicially after the cancellation letter has been received, but in any case 5 days after the cancellation letter has been sent.

  2. If the cause of the cancellation or dissolution can be attributed to the customer and/or guests, the resulting damage will be borne by the customer.

  3. In the event of dissolution by the entrepreneur, the customer can claim compensation for any damage suffered by him, unless the shortcoming cannot be attributed to the entrepreneur. This compensation is limited to the agreed price for the cruise.  

 

Article 11 - Liability

  1. The entrepreneur's liability for damage is limited to three times the amount of the boat trip, unless there is personal injury or the damage is caused by intentional or negligent action on the part of the entrepreneur.

  2. If a Treaty or Regulation applies to a service provided, the entrepreneur can invoke the exclusion or limitation of his liability included therein.

  3.  The limitation period for filing a claim for compensation is two years.

  4.  The entrepreneur is not liable if the customer/guest has been able to recover his damage on account of a       insurance taken out by him.

  5.  If the entrepreneur proves that the fault or negligence of the customer and/or guest caused the damage or       contributed to this, the liability of the entrepreneur is thereby wholly or partially          cancelled.

  6.  The entrepreneur is not liable for loss of or damage to luggage or belongings (including cash).        money, jewellery, electronic equipment or other valuables) if this is the result of insufficient care       of the customer, this also includes leaving valuable possessions unattended on or in the       ship.

  7.  The customer is liable for damage caused by him and/or by guests/visitors who attend his invitation     remain on board the ship, unless the damage is attributable to the act or omission of the           entrepreneur and/or the captain.

  8.  The entrepreneur is not liable for damage caused by delay, deviation from the               agreed start and/or end time or the provision of a replacement ship because it is        agreed ship is not available due to unforeseen circumstances.  

 

Article 12 - Force majeure

  1. Force majeure is understood to mean any unforeseeable circumstance as a result of which the execution of the agreement is delayed or prevented, insofar as this circumstance cannot be avoided by the entrepreneur and it is not for the entrepreneur on the basis of the law, the agreement or social views. come.

  2. Force majeure also includes damage to the ship as a result of which the ship can no longer be used for the agreed purpose and the damage cannot be attributed to circumstances that the entrepreneur could or should have foreseen or prevented.

  3. If the captain is of the opinion that, in view of the weather conditions, whether or not in combination with the nature of the ship and the group of persons on board, it is not responsible to carry out a voyage, this also counts as force majeure.

  4. After dissolution of the agreement on the basis of force majeure, the entrepreneur is entitled to reimbursement of the costs incurred by him insofar as these were incurred before the force majeure situation that led to the dissolution of the agreement and insofar as it benefits the customer. .  

 

Article 13 - Help and assistance

     The entrepreneur is obliged to provide the customer and the guests with help and assistance if they are in difficulty          to be around. If the cause is attributable to the customer and/or guests, the costs of that assistance will be charged        at the expense of the customer and/or guests.  

Article 14 - Insolvency

     The entrepreneur takes the necessary measures to ensure that, when he is due to financial           inability to fulfill its obligations towards the customer or not at all, will be taken care of either          for taking over his obligations by another person or for repayment of the amount of the            sailing trip or, if the sailing trip has already been partially completed, a proportional part thereof. In common        In some cases, the entrepreneur also provides for the repatriation of the customer and the guests.

 

Article 15 - Complaints

  1. Complaints about the implementation of the agreement must be reported on site as soon as possible, so that a solution can be found. If this does not lead to a satisfactory result or if the complaint is only discovered after the cruise, then the complaint must be brought to the attention of the entrepreneur in writing or by e-mail and properly described and explained, within a reasonable time after discovery.

  2. Complaints about invoices must be submitted to the entrepreneur, preferably in writing and properly described and explained, within a reasonable time after receipt of the relevant invoice.

  3. Failure to submit the complaint in time may result in the customer losing his rights in this regard, unless the exceeding of the term cannot reasonably be invoked against the consumer.

  4. If it has become clear that the complaint cannot be resolved by mutual agreement, there is a dispute.  

 

Article 16 - Disputes and choice of forum

     Dutch law applies to all disputes relating to this agreement, unless on the grounds of        mandatory rules other national law applies.

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