Terms & conditions
Article 1. Definitions
In these General Conditions the following terms have the following meanings:
a. The carrier: natural or legal person who is entitled to conclude an agreement with the customer.
b. The customer: natural or legal person who is entitled to conclude an agreement with the carrier.
c. The agreement: agreement between carrier & customer regulated in these terms and conditions.
d. The guest: any third party who is admitted to the ship by the carrier on the basis of the agreement concluded by the customer.
e. The cruise: the whole of sailing with and staying on board the ship during the period specified in the agreement.
f. The luggage: luggage that can easily be taken in one go; suitcases, bags etc …
g. The ship: the ship referred to as such in the agreement.
h. The price: the price stated as such in the agreement.
i. The captain: the person who has authority over the ship.
Article 2. Applicability
2.1 These terms and conditions apply to all agreements that the carrier concludes with the customer with regard to transport and / or catering services and everything related thereto in the broadest sense of the word, unless explicitly stated otherwise.
2.2 These conditions also apply between carrier and guest. The customer makes a case for this and indemnifies the carrier against all claims that the guest and / or anyone else makes against the carrier to the extent that liability of the carrier would be excluded if the customer were to make this claim against the carrier.
2.3 These terms and conditions also serve the benefit of all natural and legal persons of which the carrier, in the broadest sense of the word, uses or has made use of when concluding and / or performing the agreement.
2.4 These terms and conditions apply to the exclusion and express rejection of all other terms and conditions from whomever originated, unless expressly agreed otherwise in writing.
2.5 Individual changes and / or additions must be recorded in writing.
2.6 These conditions may be translated from the Dutch language into a foreign language. In the event of possible differences in the texts resulting from this translation, the Dutch text will prevail.
Article 3. Offer / quotation
3.1. A general offer from the carrier in the form of, among other things, brochures, advertisements and websites is without obligation and can be revoked by the carrier if necessary. Withdrawal must be made as soon as possible, but no later than two working days after acceptance by the customer.
3.2 An individual offer is made by the carrier in writing or electronically, provided with a date. This offer clearly states whether it concerns a non-binding or irrevocable offer, including the term.
The offer states:
the total travel sum and the percentage that must be paid in advance;
b. the method of payment;
c. the maximum number of guests per ship;
d. the place, date and time of embarkation and disembarkation;
Article 4. Agreement
4.1 The agreement is concluded, except in the case of withdrawal as referred to in article
3.1, by acceptance of the offer by the customer. After the conclusion of the agreement, the carrier sends a written or electronic confirmation to the customer.
4.2 The customer provides the carrier before or at the latest prior to departure all information about himself and the guests registered by him.
Article 5 Cancellation
5.1 If the customer wishes to cancel the agreement, he must notify the carrier thereof in writing, by letter, as soon as possible. The date of receipt by the carrier is considered the date of dissolution.
5.2 In the event of cancellation, the customer owes the carrier fixed compensation.
15% in case of cancellation up to 6 months before departure;
20% in case of cancellation up to 5 months before departure;
30% in case of cancellation up to 4 months before departure;
40% in case of cancellation up to 3 months before departure;
50% in case of cancellation up to 2 months before departure;
75% in case of cancellation up to 1 month before departure;
90% in case of cancellation up to 1 day before departure;
100% in case of cancellation on the day of departure.
Compensation for catering and other services:
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 1 day before departure;
100% in case of cancellation on the day of departure.
If the damage suffered by the carrier as a result of the cancellation exceeds the aforementioned fixed amounts by more than 15%, the carrier is entitled to also charge these extra costs to the customer.
5.3 In the event of cancellation, the customer may request the carrier to substitute a third party. In the event that the carrier agrees to a substitution, the customer only owes an amount of € 150.00.
Article 6 Suspension / dissolution
6.1 If one of the parties does not fulfill its obligation under the agreement, the other party is entitled to suspend the corresponding obligation, unless the shortcoming does not justify the suspension in view of its special nature or minor significance.
6.2 If one of the parties does not fulfill its obligation under the agreement, the other party is authorized to dissolve the agreement, unless the shortcoming does not justify the dissolution in view of its special nature or minor significance.
6.3 The carrier has the right at all times to terminate or dissolve the agreement with immediate effect in the event that: the customer goes bankrupt, this suspension of payment is granted, there is debt restructuring or is placed under guardianship; the customer does not fulfill his obligations under the agreement within 5 working days after having been given written notice of default. there is a situation as referred to in article 11, paragraphs 2, 3 and 4.the ship concerned is not available due to unforeseen circumstances and the
despite sufficient effort by the carrier, it is not possible to offer another comparable ship.
6.4 Notice of termination or dissolution must be given in writing, stating the grounds on which it is based. The agreement is deemed to have been dissolved out of court after the customer has received the cancellation letter, but in any case 5 days after sending the cancellation letter.
6.5 If the cause of the cancellation or dissolution can be attributed to the customer, the damage resulting from this will be borne by the customer.
Article 7 Price & changes
7.1 Unless otherwise agreed, the price is exclusive of port, bridge, lock and pilotage fees as well as local taxes and other charges such as tourist tax and fuel costs. These costs must be paid by the customer on board.
7.2 Changes in taxes, duties and similar government levies will be passed on at all times.
7.3 An increase in prices will be passed on by the carrier, insofar as it affects the agreed price, if it occurs after the conclusion of the agreement.
7.4 If the price rises by more than 15% as a result of an increase in prices as referred to in the previous paragraph, the customer has the right to dissolve the agreement or to withdraw from the agreement.
Article 8 Payment
8.1 Payment is made in cash when booking unless otherwise agreed. Cash payment also includes crediting the amount due to a bank account specified by the carrier or by means of electronic payment recognized by banks. The value day stated on the carrier’s bank statements is regarded as the day of payment.
8.2 If payment in installments has been agreed, the customer must pay in accordance with the installments and percentages as determined in the agreement.
Article 9 Late payment
9.1 The customer is in default from the expiry of the payment date. After the expiry of that date, the carrier sends a payment reminder and gives the customer the opportunity to pay within 5 working days after receipt of this payment reminder.
9.2 If after the expiry of the payment reminder still payment has not been made, the carrier is entitled to charge interest from the expiry of the payment date. This interest is equal to the statutory interest plus 3% on an annual basis on the amount due.
9.3 If the customer fails to pay the amount due after a summons, the carrier is entitled to increase this amount by the collection costs. These collection costs include both judicial and extrajudicial costs.
Extrajudicial costs are set at:
15% on the first € 2,500.00 of the claim with a minimum of € 40.00;
10% on the next € 2,500.00 of the claim;
5% on the next € 5,000.00 of the claim:
1% on the next € 15,000.00 of the claim
unless the customer can demonstrate that the carrier suffers less damage.
9.4 Complaints about invoices must be submitted to the carrier, preferably in writing and properly described and explained, within a reasonable time after receipt of the relevant invoice.
Article 10. Obligations of the carrier
10.1 The carrier will make every effort to carry out the cruise to the best of its knowledge and ability and in accordance with the rules of good workmanship.
10.2 The carrier guarantees that the ship and the crew comply with the legal requirements of the country where the ship is registered.
10.3 Unless otherwise agreed in advance, the sailing route is determined by the carrier and / or captain in consultation with the customer.
10.4 The carrier and / or the captain is at all times authorized to change the cruise on nautical grounds. This also includes changing the place of departure and / or the place of arrival and / or not setting out. Nautical grounds include the weather conditions, the tide, blockage of waterways and the condition of the ship.
10.5 In the cases mentioned in the previous paragraph, the carrier and / or the captain will consult with
the customer try to find a different solution. Any additional costs, insofar as reasonable, will be borne by the customer. The carrier and / or captain decides whether the chosen solution is reasonably feasible.
Article 11 Obligations of the guest
11.1 At the end of the cruise, the customer must return the ship clean and with a complete inventory in the same condition as he found it upon embarkation, unless otherwise agreed.
11.2 The customer and guests must comply with legal and decency standards during the cruise.
11.3 The instructions given by the carrier and / or the captain and / or other crew members in the interest of order and safety must be strictly followed.
11.4 If, in the opinion of the carrier and / or captain, the customer and / or guests fail to comply with the provisions of paragraphs 2 and 3, the carrier and / or captain is entitled to dissolve the agreement with immediate effect and / or the customer and / or or to immediately deny guests access to the ship, unless the shortcoming does not justify termination due to its special nature or minor significance
11.5 The customer and the guests are not permitted to carry other items than luggage on board, unless explicit permission has been granted in advance by the carrier and / or captain.
11.6 The customer and the guests are not allowed to have pets or other animals on board, unless explicit permission has been granted in advance by the carrier and / or captain.
11.7 The customer and guests are not permitted to bring or have materials or objects on board that could endanger the health, well-being and / or safety of themselves or others. This includes in any case: hazardous substances, explosives, radioactive and / or toxic substances, contraband, weapons, ammunition and narcotics.
11.8 The customer must provide the captain on the day of arrival with a list of the names of the guests.
Article 12 Force majeure
12.1 Force majeure is understood to mean any unforeseeable circumstance as a result of which the performance of the agreement is delayed or prevented, insofar as this circumstance cannot be avoided by the carrier and is not based on the law, the agreement or social views for the carrier. account must come.
12.2 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 is not due to circumstances that the carrier could or should have foreseen or prevented.
12.3 After dissolution of the agreement on the grounds of force majeure, the carrier is entitled to reimbursement of the costs incurred by it, insofar as these were incurred before the force majeure situation could be expected to lead to dissolution of the agreement and insofar as the customer due to work benefits.
Article 13 Liability of the carrier
13.1 The carrier is not liable for damage caused by death or injury and / or to property insofar as caused by a circumstance that a careful carrier could not have avoided and insofar as the carrier was unable to prevent the consequences thereof. The carrier guarantees the soundness and proper functioning of the ship as a means of transport. It is suspected that a careful carrier could not have avoided the following conditions: fire; explosion; heat; cold; action of rodents or vermin; spoilage; leakage; melt; ignition and corrosion.
13.2 Except in cases of intent or deliberate recklessness, the liability of the carrier is limited to the amount further determined by Order in Council pursuant to Article 8: 518 BW and 8: 983 BW.
13.3 The compensation that the carrier may be due for failure to fulfill his obligation under article 10 is limited to the agreed price for the rental of the ship.
13.4 If the carrier proves that the fault or negligence of the customer and / or guest caused or contributed to the damage, the liability of the carrier is thereby wholly or partially canceled.
13.5 The carrier 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 the agreed ship is not available due to unforeseen circumstances.
Article 14 Liability of guest
The customer is liable for damage caused by him or by the guests staying on board the ship at his invitation, unless the damage is attributable to the acts or omissions of the carrier.
Article 15 Complaints
15.1 Complaints about the performance of the agreement must be fully and clearly described and submitted to the carrier and / or captain after the customer has discovered or has been able to discover the defects.
15.2 Complaints about invoices must, if possible, be submitted in writing and duly explained to the carrier and / or captain within 10 working days of receipt of the relevant invoice.
15.3 The consequences of not timely submitting a complaint will be borne by the customer.
Article 16 Disputes
Dutch law applies to all disputes relating to this agreement. Only the court within the district where the carrier has its office is authorized to take cognizance of these disputes. The customer is entitled to object to this choice of forum within one month after the carrier has invoked the choice of forum and to opt for settlement of the dispute by the competent court according to the law.