Article 1. Definitions
In these General Conditions, the following terms mean:
The Carrier: the natural or legal person, entitled to conclude agreements with the Customer, arranged in these g conditions.
The Customer: the natural or legal person, entitled to one or more agreements concluded with the Carrier, arranged in these conditions.
The Agreement: all agreements arranged in these conditions between the Carrier and the Customer.
The Guest: any third party permitted on board of the ship based on the agreement concluded by the Customer and the Carrier.
The Trip: the combined sailing and staying on board the ship during the period referred to in the agreement.
The Luggage: the luggage that a Customer and/or guest can easily transport at once; consisting of luggage, handbags, duffle bags and/or backpacks.
The ship: the ship that is mentioned as such in the agreement.
The Price: the price mentioned as such in the agreement.
The Captain: the person in command of the ship.
Article 2. Applicability
2.1 These conditions apply to all agreements, including offers relating to the establishment of this agreement made by the Carrier with the Customer regarding the transport and/or catering services and everything that is related to this, in the broadest sense of the word, unless explicitly stated otherwise.
2.2 These conditions also apply between Carrier and Guest. The Customer is responsible for this and indemnifies the Carrier for any claim that the Guest and/or any other person makes against the Carrier, to the extent that the Carrier’s liability would be exempted if the Customer were to make this claim against the Carrier.
2.3 These conditions are also for the benefit of all natural and legal persons of which the Carrier makes use or has made use, in the broadest sense, in the conclusion and/or execution of the agreement.
2.4 These conditions apply with the exclusion and express rejection of all other conditions of any origin, unless specifically agreed otherwise in writing.
2.5 Individual changes and/or additions must be made in writing.
2.6 These conditions may have been translated from Dutch into a foreign language. In case of any differences in the texts as the result of the translation, the Dutch text will prevail.
Article 3. The offer/quotation
3.1. Any general offer of the Carrier in the form of brochures, advertisements and websites are free of obligation and may be withdrawn by the Carrier. A withdrawal must be made as soon as possible, but no later than two working days after acceptance by the Customer.
3.2 An specific offer is made by the Carrier in writing or delivered electronically, bearing a date. This offer will clearly indicate whether it is an offer without obligation or an irrevocable one, including the time limit.
The offer states:
the total amount and the percentage that must be paid in advance;
the method of payment;
the maximum number of guests per ship;
the place, date and time of embarkation and disembarkation;
The first offer will be accompanied by a copy of these general terms and conditions.
Article 4. The agreement
4.1 The Agreement is established, except in the case of withdrawal referred to in Article 3.1, by Customer’s acceptance of the offer. The Carrier will send the Customer a written or electronic confirmation after the conclusion of the agreement.
4.2 The Customer will provide the Carrier all information about himself and the Guests registered by him prior to the trip or at the latest upon departure.
Article 5. Cancellation
5.1 If the Customer wishes to cancel the contract, it/he/she must inform the Carrier as soon as possible in writing, by means of a letter. The date of receipt by the Carrier will be considered the date of termination of the agreement.
5.2 In case of cancellation, the Customer owes the Carrier a 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 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 that the Carrier suffers as a result of the cancellation exceeds the aforementioned fixed amounts by more than 15%, the Carrier will be entitled to charge the additional costs to the Customer.
5.3 In case of cancellation, the Customer can request the Carrier for a third-party substitution. In the event that the Carrier agrees to a substitution, the Customer only owes an amount of € 150.00.
Article 6. Suspension and termination
6.1 If one of the parties fails to fulfil its obligation arising from the agreement, the other party is entitled to suspend the relating commitment, unless the failure, due to its special nature or minor importance, does not justify the suspension.
6.2 If one of the parties fails to fulfil its obligation arising from the agreement, the other party is entitled to dissolve the agreement, unless the failure, due to its special nature or minor importance, does not justify the suspension.
6.3 The Carrier reserves the right to terminate or dissolve the agreement at all times with immediate effect in case:
the Customer has been declared bankrupt or granted a suspension of payment of debts, if the statutory debt restructuring scheme for natural persons is declared applicable to him, or he is placed under legal guardianship;
the Customer fails to fulfil his commitments arising from the agreement within 5 working days after written notice of default;
there is a situation as mentioned in Article 11, paragraph 2-4.
the intended ship is unavailable due to unforeseen circumstances and, despite the provision of sufficient effort by the Carrier, it is not possible to offer any other comparable ship.
6.4 The termination or dissolution should be notified in writing, and include the grounds on which it is based. The agreement is considered to be terminated out-of-court after the Customer has received the termination letter, but at least 5 days after dispatch of the termination letter.
6.5 If the cause of the termination or dissolution can be attributed to the Customer, the damage resulting from it will be for the account of the Customer.
Article 7. Price and price changes
7.1 Unless otherwise agreed, the price excludes port, bridge, lock and pilotage dues as well as local taxes and other levies such as tourist tax and fuel costs. These costs must be paid by the Customer on board.
7.2 Changes in taxes, excise duties and levies of this kind as stipulated by the authorities will always be charged on.
7.3 An increase of the prices will be charged on by the Carrier, insofar as it affects the agreed price, if this occurs after the conclusion of the contract.
7.4 If as a result of the price increase as referred to in the preceding paragraph, the price increases with more than 15%, the Customer has the right to dissolve or abandon the agreement.
Article 8. Payment
8.1 Payment will be made in cash at the time of the booking, unless otherwise agreed. Cash payment also means payment of the amount owed into a bank account specified by the Carrier or by means of electronic payment that is recognized by banks. The date on the Carrier’s bank statements are regarded as the date of payment.
8.2 If payment in instalments is agreed, the Customer must pay according to the terms and rates as set down in the contract.
Article 9. Non-timely payment
9.1 The Customer is in default from the moment of expiry of the payment date. The Carrier will send a reminder after the expiry of that date and gives the Customer the opportunity to pay within 5 working days after receipt of the reminder.
9.2 If after the expiry of the term set in the reminder the Customer still has not paid, the Carrier will be entitled to charge interest from the expiry of the payment’s due date. This interest equals the statutory rate plus 3% per annum on the amount owed.
9.3 If after summation, the Customer fails to pay the amount due, the Carrier is entitled to increase this amount by the collection costs. These collection costs include both judicial and extrajudicial costs. Extrajudicial costs are fixed at:
15% on the first € 2,500 of the claim, with a minimum of € 40,00;
10% on the next € 2,500 of the claim;
5% on the next € 5,000 of the claim,
1% on the next € 15,000 of the claim;
unless the Customer can reasonably show that the Carrier has suffered less damage.
9.4 Complaints about invoices must, preferably in writing and properly described and documented, be submitted to the Carrier within a reasonable time after receipt of the relevant invoice.
Article 10. Obligations of the Carrier
The Carrier will strive to arrange the boat trip to the best of its knowledge and ability and in accordance with the rules of good craftsmanship.
The Carrier will ensure that the ship and its crew meet the legal requirements of the country where the ship is registered.
The route will be determined by the Carrier and/or captain in consultation with the Customer, unless otherwise agreed in advance.
The Carrier and/or captain are entitled to change the route at all times for nautical reasons. This also includes changing the place of departure, the place of arrival and/or not to depart at all. Nautical reasons are understood to include the weather, tide, blockage of waterways and the condition of the ship.
In the cases mentioned in the preceding paragraph, the Carrier and/or captain, in consultation with the Customer, will try to find another solution. Any additional costs, if reasonable, shall be for the account of the Customer. The Carrier and/or captain decides/decide whether the solution chosen in reasonably practicable.
Article 11. Obligations of the client (and guests)
At the end of the trip, the Customer is required to leave the ship clean and with a complete inventory in the same condition as found upon embarkation, unless otherwise agreed.
During the trip, the Customer and the guests are expected to abide by the law and to act morally and decently.
In the interest of order and safety, the instructions given by the Carrier, captain and/or other crew members must be strictly followed.
If to the opinion of the Carrier and/or captain, the Customer and/or guests fails/fail to meet the requirements of paragraph 2 and 3 of this article, the Carrier and/or captain are entitled to terminate the agreement and/or deny the Customer and/or guests access to the ship with immediate effect, unless the failure due to its special nature or minor importance does not justify the termination.
The Customer and guests are not allowed to bring items other than luggage on board, unless the Carrier and/or captain have explicitly granted prior permission is explicitly.
The Customer and guests are not allowed to bring pets or other animals on board, unless the Carrier and/or captain have explicitly granted prior permission. The Customer and guests are not allowed to bring or have materials or objects on board that could endanger the health and wellbeing and/or the safety of themselves or others. Included are, in any case: dangerous substances, explosives, radioactive and/or toxic substances, contraband, weapons, ammunition, and recreational drugs.
The Customer is to hand the captain a list with the names of the guests on the day of arrival.
Article 12. Force Majeure
Force majeure is understood to mean every non-foreseeable circumstance as a result of which the implementation of the agreement is delayed or prevented, insofar as this circumstance could not be avoided by the Carrier and is not due to a circumstance for which the Carrier is responsible according to the law, the agreement or in common opinion.
Force majeure includes any damage to the ship, causing it to be unfit for the agreed purpose, if the damage is not attributable to circumstances that the Carrier could have anticipated or prevented.
After the dissolution of the agreement due to force majeure, the Carrier is entitled to reimbursement of the costs incurred insofar as these are made before it could be expected that the force majeure situation would lead to dissolution of the agreement, and insofar as the Customer benefits from the work.
Article 13. Liability of the Carrier
The Carrier is not liable for damage caused by death or personal injury and/or to property, insofar as this is caused by circumstances that a careful Carrier could not have avoided and insofar as the Carrier could not prevent the consequences thereof. The Carrier is responsible for the reliability and the proper functioning of the ship as a means of transport. A careful Carrier is assumed not to be able to avoid the following circumstances: fire, explosion, heat, cold, occurrence of rodents or vermin, decay, leakage, melting, ignition and corrosion.
The liability of the Carrier, except in cases of intent or deliberate recklessness, is limited to the amount set by order in council under Article 8:518 and 8:983 of the Dutch Civil Code.
Any amount in compensation that the Carrier may have to pay for failure to comply with the obligations from Article 10 is limited to the agreed price for the rent of the ship.
If the Carrier proves that the damage is caused in full or in part by fault or negligence on the part of the Customer and/or guests, the liability of the Carrier will be completely or partially lifted.
The Carrier is not liable for damage caused by delay, deviation from the agreed start and or end time, or the replacement vessel being made available because the agreed ship is unavailable due to unforeseen circumstances.
Article 14. Liability of the client (and guests)
The Customer is liable for damage caused by him or by the guests who were invited to stay on board, unless the damage is attributable to the act or omission of the Carrier.
Article 15. Complaints
Complaints about the performance of the contract must be fully and clearly described and submitted to the Carrier and/or captain after the Customer has discovered or could have discovered the defects.
Complaints about invoices should be fully and clearly described and submitted in writing within, if possible, 10 working days of receipt of the relevant invoice to the Carrier and/or captain.
The consequences of the late submission of a complaint shall be borne by the Customer.
Article 16. Disputes
All disputes relating to this Agreement shall be governed by Dutch law. Only the court within the district where the Carrier has its official place of business will have jurisdiction to hear such disputes. Within one month after the Carrier has invoked the choice of forum, the Customer is entitled to object to the Carrier’s forum selection and to choose for settlement of the dispute by the court which has jurisdiction according to the law.
You can take out a cancellation insurance at Vechtpolis.nl
How do I arrange such an insurance?
All information on Vechtpolis can be found on website www.vechtpolis.nl
Why a cancellation insurance?
If the trip will be cancelled if one of the participants is unable to attend (for instance, the person celebrating a birthday, an anniversary, or having a stag party), you can take out a cancellation insurance.