General terms and conditions

Drawn up on the basis of the European Package Travel Directive 2015/2302/EU

Article 1 – Definitions
In these General Terms and Conditions, the following definitions are taken to mean:
a. Entrepreneur: natural or legal person who concludes an agreement with a customer.
b. Customer: natural or legal person who concludes an agreement with the entrepreneur regarding a sailing trip with captain including accommodation on board a ship for him and/or his guests.
c. Captain: skipper/captain who has authority over the ship.
d. Guest: the person who is on board the ship at the invitation of the customer and with the permission of the entrepreneur.
e. Ship: the ship that is mentioned as such in the agreement, or a comparable ship.
f. Agreement: any agreement between the entrepreneur and the customer whereby the entrepreneur undertakes, vis-à-vis the customer, to transport the customer and/or their guests on a ship for a fee.
g. Sailing trip: the entirety of sailing with and staying on board the ship during the period specified in the agreement.
H. Electronic(ally): by email or website.

Article 2 – Applicability
1. These terms and conditions apply to agreements that the entrepreneur concludes with the customer.
2. These terms and conditions apply between the entrepreneur and the customer. The customer informs their guests about the rules of these general terms and conditions. The customer will indemnify 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 which the entrepreneur, in the broadest sense of the word, makes use of 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 sailing trip does not include an overnight stay or covers a period of less than 24 hours or is offered to a limited group of customers on an occasional non-profit basis, Articles 13 and 14 and the provisions of the Standard Package Holiday Information Form do not apply.

Article 3 – The offer
1. A general offer from the entrepreneur in the form of brochures, advertisements or websites is without obligation and should be understood as an invitation to negotiate.
2. The entrepreneur shall make the individual offer in writing or electronically.
3. The written or electronic offer is dated and is irrevocable during the specified period or, in the absence of a period, for 14 days after the date.
4. The offer shall, in any case, state:
– the nature, content and scope of the services to be provided by the entrepreneur;
– the total price of the sailing trip, for individual bookings per person and for group bookings per group, and the percentage to be paid in advance;
– the method and time/times of payment;
– the date and time of embarkation and disembarkation.
– the maximum number of guests per ship;
– in the case of individual bookings, the reservation of cancellation by the entrepreneur (plus the period within this should take place) if the required minimum number of registrations is not reached.
– a copy of these general terms and conditions, insofar as they have not previously been provided.
– the statutory Package Holiday Standard Information Form

Article 4: Agreement
1. The agreement is concluded by acceptance of the offer. In case of an electronic commission, the entrepreneur will send an electronic confirmation to the customer
2. The agreements are recorded in writing, or electronically.
3. A copy of a written agreement must be provided to the customer.

Article 5 – Terms of Payment
1. Payment must be made 14 days after receipt of the invoice, but in any case on the start date of the sailing trip, eithere at the entrepreneur’s office or by transfer to a bank account to be designated by the entrepreneur.
2. If the customer does not pay on time, they will legally be in default, without any notice thereof. Nevertheless, after expiry of the payment date, the entrepreneur will send one free payment reminder in which he informs the customer of their default, and still gives them the opportunity to pay within 14 days of receipt of this payment reminder, stating the extrajudicial collection costs due as a result of non-payment within the aforementioned period.
3. After the expiry of the period of 14 days referred to in paragraph 1, the entrepreneur is authorised to collect the amount owed to them without further notice of default. If the entrepreneur proceeds to do so, the associated extrajudicial costs shall be, within reason, borne by the customer. The entrepreneur may charge a maximum of the collection costs listed below.
Principal Percentage maximum Fee collection costs
(legal changes reserved):
About the first €2,500.00: 15% with a minimum of €40.00;
Over the next €2,500.00: 10%;
Over the next €5,000.00: 5%;
Over the next €190,000.00: 1%;
Over the excess: 0.5% with a maximum of €6,775.00.

Article 6 – Cancellation
1. If the customer wishes to cancel the agreement, they must inform the entrepreneur as soon as possible, either in writing or electronically. 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:
Compensation for ship and services:
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 months before departure;
90% in case of cancellation up to 1 day before departure;
100% in case of cancellation on the day of departure.
3. Compensation for catering:
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.
4. The customer may suggest an alternative group or arrangement to the entrepreneur up to 7 days before departure. Whoever replaces the customer must comply with all conditions attached to the agreement. The customer and the person replacing them are jointly and severally liable for payment of the remainder of the owed price of the sailing trip, the modification costs of €50.00, and any additional costs in connection therewith.
5. The customer who cancels the agreement is obliged to pay the cancellation costs in accordance with the provisions of the previous paragraphs, unless the actual damage is demonstrably 15% higher or lower than the fixed amount, in which case the customer owes that demonstrably higher or lower amount. This amount cannot exceed the maximum price of the agreement. Damages are understood to mean loss suffered and profit lost.
6. The entrepreneur may cancel the agreement if he cannot execute the agreement due to unavoidable and extraordinary circumstances and he notifies the customer of this immediately and before the start of the sailing trip.
7. The entrepreneur may terminate the agreement within the period stated in the offer in the event that the number of registrations is less than the minimum number of participants announced prior to the booking.
8. In the cases referred to in paragraphs 6 and 7 above, the entrepreneur shall reimburse all amounts already paid by the customer for the sailing trip in full and without being liable for compensation.

Article 7 – Rights and obligations of the entrepreneur
1. The operator guarantees that the ship and the crew comply with the legal requirements and are at least equipped with proper safety gear.
2. The sailing route is determined by the entrepreneur and/or the captain in consultation with the customer, unless otherwise agreed.
3. At all times, the operator and/or the captain is authorised to change the voyage on the basis of (expected) nautical and/or meteorological reasons. This also includes changing the place of departure and/or arrival, and temporarily not leaving the port. Nautical and/or meteorological grounds are understood to mean, among other things, the weather conditions, the tide, a blockade 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, shall be borne by the customer. The entrepreneur and/or captain decides whether the chosen solution is reasonably achievable.
5. If the agreed ship and/or the commander is/are unexpectedly unavailable, the entrepreneur is entitled to deploy an equivalent other ship or another commander. If this is not possible and the unavailability is the result of a cause that a careful entrepreneur could not have prevented, the entrepreneur is entitled to dissolve the agreement.
6. The operator may increase the price up to twenty days before the start of the sailing trip in connection with changes in the transport costs (including fuel costs) or with the taxes and levies due. When applying this provision, the entrepreneur will indicate how the increase has been calculated. In the event that the increase is more than 8%, the customer has the right to terminate the agreement free of charge within ten days of receipt of said written notice.
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 may terminate the agreement within the period stated in the offer in the event that the number of registrations is less than the minimum number of participants announced prior to the booking.
9. The entrepreneur will draw the customer’s attention to the obligation of Article 8 (9).
10. The entrepreneur will make agreements with the customer about the payment of port, bridge, lock and pilotage fees, local taxes and other charges 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 cannot be ensured, the costs of the necessary accommodation shall be borne by the entrepreneur, for a maximum of three nights per customer/guest.

Article 8 – Rights and obligations of the customer
1. The customer is obliged to provide the entrepreneur or their representative with a list of names of the guests, including contact telephone numbers, at the latest by the start of the sailing trip.
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 their 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 beginning of the agreed sailing period at the expense of the customer. The latter does not apply if the costs referred to are covered by insurance.
4. The customer and their guests must at all times follow the instructions of the entrepreneur and/or captain and/or other crew members. This applies in particular to the regulations and instructions that are in the interest of order and safety.
5. The customer shall provide the captain and any crew present with the opportunity to make use of the catering available on board, at no cost to the crew members. If no food is eaten 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 their guests must be of such size and be placed in such a way that it does not cause any nuisance. This is at the discretion of the captain. Permitted baggage includes carry-on, normally required items 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 in one go, to be packed in suitcases, bags, duffel bags and/or backpacks.
7. The bringing on board or having on board of dangerous substances, weapons, drugs or contraband by the customer and/ortheirguests is prohibited.
8. It is prohibited to bring or have pets on board without express prior permission.
9. The customer will draw the attention of their guests to 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 shall ensure that the non-conformity is remedied, unless:
a. this is impossible; or
b. this entails disproportionately high costs, taking into account the degree of non-conformity and the value of the services in question.
2. The consumer must immediately inform the entrepreneur of the non-conformity.

Article 10 – Dissolution and suspension
1. If one of the parties fails to fulfil its obligation under the agreement, the other party is entitled to suspend their obligations or to dissolve the agreement, unless the shortcoming does not justify the 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, has been granted a suspension of payments, is subject to debt restructuring, or is placed under guardianship;
– the other party does not comply with its obligations under the agreement within 14 days of being given notice of default in writing;
– by the entrepreneur, if a situation as referred to in Article 8 (4), (6), (7) or (8) occurs;
– the ship in question is not available due to unforeseen circumstances, and it is not possible to offer another comparable ship in a timely manner despite the entrepreneur making sufficient efforts;
– by the entrepreneur if, within the period stated in the offer, the number of registrations is less than the minimum number of participants stated prior to booking.
3. Termination or dissolution must be in writing, stating the grounds on which it is based. The agreement is deemed to have been dissolved extra-judicially after the letter of termination has been received, but in any case 5 days after the letter of termination has been sent.
4. If the cause of the termination or dissolution can be attributed to the customer and/or guests, the damage resulting from this shall be borne by the customer.
5. In the event of dissolution by the entrepreneur, the customer may claim compensation for any damages suffered by them, unless the shortcoming cannot be attributed to the entrepreneur. This compensation is limited to the agreed price for the sailing trip.

Article 11 Liability
1. The liability of the entrepreneur for damages is limited to three times the amount of the sailing trip, unless there is personal injury or the damage is caused by intentional or negligent action of the entrepreneur.
2. If a Convention or Regulation applies to a service performed, the entrepreneur may invoke the exclusion or limitation oftheirliability contained therein.
3. The limitation period for submitting a claim for damages is two years.
4. The entrepreneur is not liable if the customer/guest has been able to recover their damages under an insurance policy taken out by them.
5. If the entrepreneur proves that the fault or negligence of the customer and/or guest caused the damage or contributed to it, the liability of the entrepreneur will be fully or partially cancelled.
6. The entrepreneur is not liable for loss of or damage to luggage or possessions (including cash, jewellery, electronic equipment or other valuables) if this is the result of insufficient care on the part of the customer, which also includes leaving valuable possessions unattended on or in the ship.
7. The customer is liable for damage caused by them and/or by guests/visitors staying on board the ship at their invitation, unless the damage is attributable to the actions or omissions 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 the 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 must not be borne by them on the basis of the law, the agreement or social views.
2. Force majeure is also understood to mean a damage to the ship as a result of which the ship is no longer usable for the agreed purpose and the damage is not due 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 passengers, it is not justified to carry out a trip, this shall also be considered 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 them insofar as these were incurred before the force majeure situation that led to the dissolution of the agreement occurred and insofar as the customer benefits from this.

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. If the cause is attributable to the customer and/or guests, the costs of that assistance shall be borne by the customer and/or guests.

Article 14 – Insolvency
The entrepreneur shall take the necessary measures to ensure that, if they are unable to meet their obligations to the customer due to financial inability, or is unable to continue to do so, they are either responsible for assumption of their obligations by another person or for reimbursement of the amount of the sailing trip or, if the sailing trip has already been partially completed, a proportional part thereof. If necessary, the entrepreneur will also provide for the repatriation of the customer and 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 sought. If this does not lead to a satisfactory result or if the complaint is only discovered after the sailing trip, the complaint must be notified to 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 their rights in this regard, unless the exceeding of the deadline 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 other national law applies on the basis of mandatory rules.