General Terms and Conditions Package Travel

Based on the European Package Travel Directive 2015/2302/EU

Article 1 - Definitions

1. In these General Terms and Conditions the following terms shall have the following meanings:
2. Entrepreneur: a natural or legal person who enters into an agreement with a customer.
3. Customer: a natural or legal person who enters into an agreement with the entrepreneur regarding a boat trip with captain including accommodation on board a ship for him and/or his guests.
4. Master: skipper/captain who is in command of the ship.
5. Guest: the person who is on board the ship at the invitation of the customer and with the permission of the entrepreneur.
6. Ship: the ship named as such in the agreement or a comparable ship.
7. Agreement: any agreement between an entrepreneur and a customer whereby the entrepreneur undertakes to transport the customer and/or his guests on a ship for a fee.
8. Voyage: the entirety of sailing with and staying on board the ship during the period specified in the agreement.
9. Electronically: by email or website.

 

 

Article 2 - Applicability

1. These terms and conditions apply to agreements that the entrepreneur concludes with the customer.
2. These conditions apply between entrepreneur and customer. The customer refers his guests to the rules from these general conditions. The customer indemnifies the entrepreneur from all claims that the guest makes against the entrepreneur, insofar as liability of the entrepreneur would be excluded if the customer were to make 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 used 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 offered occasionally without profit motive to a limited group of customers, 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 brochures, advertisements or websites is without obligation and should be regarded as an invitation to negotiate.
2. The entrepreneur submits the individual offer in writing or electronically.
3. The written or electronic offer will be provided with a date and is irrevocable for the specified period or, if no period is specified, for 14 days after the date.
4. The offer must in any case state:

• 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 entrepreneur reserves the right to cancel (plus the period within which) if the required minimum number of registrations is not reached.
• a copy of these general terms and conditions, if these have not already been provided.
• the legal Standard Package Travel Information Form

 

Article 4 - Agreement

1. The agreement is concluded by acceptance of the offer. In the event of an electronic order, 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 - Payment terms

1. Payment must be made 14 days after receipt of the invoice, but in any case on the commencement date of the cruise, at the entrepreneur's office or by transfer to a bank account designated by the entrepreneur.
2. If the customer does not pay on time, he will legally be in default without any notice of default. Nevertheless, after the payment date has expired, the entrepreneur will send one free payment reminder, in which he points out the customer's default and gives him the opportunity to pay within 14 days after 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 proceed to collect the amount owed to him without further notice of default. If the entrepreneur proceeds to do so, the associated extrajudicial costs will reasonably be borne by the customer. The entrepreneur may charge a maximum of the collection costs stated below.

Principal Percentage at most Compensation for collection costs (subject to statutory changes):

Over the first €2,500.00: 15% Minimum €40.00

Over the next €2,500.00: 10%

On the next €5,000.00: 5%

Over the next €190,000.00: 1%

Over the excess: 0.5% Maximum € 6,775.00

 

 

Article 6 - Cancellation

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

Ship 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.

 

3. 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 and including 1 day before departure;

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

4. The customer can request a substitution from the entrepreneur up to 7 days before departure. The person replacing the customer must meet all conditions attached to the agreement. The customer and the person replacing him are jointly and severally liable for payment of the price still due for the boat trip, the amendment costs of € 50.00 and any additional costs.

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. Damage is understood to mean loss suffered and loss of profit.

6. The entrepreneur may cancel the agreement if he cannot perform the agreement due to unavoidable and extraordinary circumstances and he informs the customer of this immediately and before the start of the boat trip.

7. The entrepreneur can cancel the agreement within the period stated in the offer if the number of registrations is less than the required minimum number of participants announced prior to the booking.

8. In the cases mentioned in paragraphs 6 and 7 above, the entrepreneur will fully refund all amounts already paid by the customer for the boat trip without being liable for damages.

 

Article 7 - Rights and obligations of the entrepreneur

1. The entrepreneur guarantees that the ship and its crew comply with legal requirements and are equipped with at least adequate safety equipment.
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 entrepreneur and/or the captain is authorized to change the voyage on the basis of (expected) nautical and/or meteorological grounds. This includes changing the place of departure and/or arrival and temporarily not sailing. Nautical and/or meteorological grounds include, among other things, weather conditions, tides, 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 another solution in consultation with the customer. Any additional costs, insofar as reasonable, will be borne by the customer. The entrepreneur and/or captain will decide whether the chosen solution is reasonably feasible.
5. If the agreed vessel and/or the captain is/are unexpectedly unavailable, the entrepreneur is entitled to deploy an equivalent vessel 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, the entrepreneur is entitled to terminate the agreement.
6. The entrepreneur can 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 the taxes and levies due. When applying this provision, the entrepreneur indicates in what way the increase is 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 after receipt of this 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 any administrative costs incurred from the refund.
8. The entrepreneur can cancel the agreement within the period stated in the offer if the number of registrations is less than the required minimum number of participants announced prior to booking.
9. The entrepreneur points out to the customer the obligation in 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 cannot be arranged as agreed in the agreement, the costs of the necessary accommodation for a maximum of three nights per customer/guest will be borne by the entrepreneur.

 

Article 8 - Rights and obligations of the customer

1. The customer is obliged to hand over a list of the names of the guests, including telephone numbers of contact persons, to the entrepreneur or his representative at the start of the boat trip at the latest.
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 his 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 expense of the customer. The latter does not apply if the said costs are covered by the insurance.
4. The client 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 to the regulations and instructions that are in the interest of order and safety.
5. The client provides the captain and any crew present, free of charge, the opportunity to use the catering available on board. If no food is eaten on board, an amount for catering by the captain and crew will be included in the rental price.
6. The luggage of the customer and his guests must be of such a size and be placed in such a way that it does not cause any hindrance. This is at the discretion of the captain. Permitted luggage includes the normally necessary items for personal use of the customer and/or guest, not being food and/or drink, that can be carried by hand and that a customer and/or guest can easily carry in one go; packed in suitcases, bags, kit bags and/or rucksacks.
7. It is prohibited for the customer and/or his guests to bring or have on board dangerous substances, weapons, drugs or contraband.
8. It is prohibited to bring or have pets on board without express prior permission.
9. The customer shall inform his guests of the provisions of these 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:

a. is impossible; or

b. entails disproportionately high costs, taking into account the degree of non-conformity and the value of the services concerned.

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

 

 

Article 10 - Termination and suspension

1. If one of the parties fails to fulfil its obligation under the agreement, the other party is entitled to suspend the corresponding obligation or to terminate the agreement, unless the failure does not justify suspension or termination due to its special nature or minor significance.
2. Termination of the agreement is in any case possible if;

- the other party goes bankrupt, is granted a suspension of payments, is subject to debt restructuring or is placed under guardianship;

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

- by the entrepreneur if a situation as referred to in Article 8 paragraph 4, 6,7 or 8 applies.

- the vessel in question is not available due to unforeseen circumstances and despite sufficient efforts by the entrepreneur it is not possible to offer another comparable vessel in a timely manner.

- by the entrepreneur if within the period stated in the offer the number of registrations is less than the required minimum number of participants announced prior to booking.

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

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

5. In the event of termination by the entrepreneur, the customer may 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 boat trip.

 

 

 

Article 11 - Liability

1. The entrepreneur's liability for damages 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 actions of the entrepreneur.
2. If a treaty or regulation applies to a service provided, the entrepreneur may rely on the exclusion or limitation of his liability contained therein.
3. The limitation period for filing a claim for damages is two years.
4. The entrepreneur is not liable if the customer/guest has been able to recover his damages under an insurance policy taken out by him.
5. If the entrepreneur proves that the fault or negligence of the customer and/or guest caused or contributed to the damage, the entrepreneur's liability will be wholly or partially lifted.
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 by 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 stay on board the ship at his 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 means 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 entrepreneur and it should not be at his expense under the law, the agreement or social views.
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 attributable to circumstances that the entrepreneur could or should have foreseen or prevented.
3. If the captain is of the opinion that, given the weather conditions, whether or not in combination with the nature of the ship and the group of passengers, it is not responsible to carry out a voyage, this also applies as force majeure.
4. After termination of the agreement due to force majeure, the entrepreneur is entitled to compensation for the costs incurred by him insofar as these were incurred before the force majeure situation that led to termination of the agreement arose and insofar as the customer benefits from this.

 

 

Article 13 - Assistance and support

The entrepreneur is obliged to provide the customer and 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 will be borne by the customer and/or guests.

 

Article 14 - Insolvency

The entrepreneur shall take the measures necessary to ensure that, if he cannot or cannot continue to meet his obligations to the customer due to financial inability, he will ensure either that his obligations are taken over by another party or that the amount of the boat trip is repaid or, if the boat trip has already been partially completed, a proportionate part thereof. Where appropriate, the entrepreneur shall also provide for the repatriation of the customer and the guests.

 

Article 15 - Complaints

1. Complaints about the execution 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 boat trip, 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 invoice in question.
3. Failure to submit the complaint on time may result in the customer losing his rights in this regard, unless the exceeding of the term cannot reasonably be held against the consumer.
4. If it has become clear that the complaint cannot be resolved by mutual agreement, a dispute exists.

 

 

Article 16 - Disputes and choice of forum

All disputes relating to this agreement shall be governed by Dutch law, unless other national law applies on the basis of mandatory rules.