Rental conditions

General Terms and Conditions Package Travel

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

Article 1 – Definitions

In these Terms and Conditions, the following definitions shall apply:

1. Entrepreneur: natural or legal person who concludes an agreement with a customer.
2. Client: natural or legal person who concludes a contract with the entrepreneur regarding a cruise with captain including accommodation on board a vessel for him and/or his guests.
3. Captain: skipper/captain in command of the vessel.
4. Guest: the person who is on board the vessel at the invitation of the client and with the permission of the entrepreneur.
5. Vessel means the vessel named as such in the Agreement or a comparable vessel.
6. Agreement: any agreement between the entrepreneur and the customer whereby the entrepreneur undertakes towards the customer to transport the customer and/or his guests on a ship for payment.
7. Sailing: the entirety of sailing with and staying aboard the vessel during the period specified in the agreement.
8. Electronically: by e-mail or website.

Article 2 – Applicability.

1. These conditions apply to agreements that the entrepreneur concludes with the customer.
2. These terms and conditions apply between entrepreneur and customer. The customer shall point out the rules in these general terms and conditions to his guests. The customer indemnifies the entrepreneur from all claims made by the guest 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 conditions also extend to all natural and legal persons which the entrepreneur, in the broadest sense of the word, uses or has used in the conclusion and/or execution of 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 to a limited group of customers on an occasional, non-profit basis, Articles 13 and 14 and the provisions of the Standard Package Trip Information Form do not apply.

Article 3 – The offer

1. A general offer from the entrepreneur in the form of leaflets, advertisements or websites is non-binding and should be understood as an invitation to negotiate.
2. The entrepreneur issues the individual offer in writing or electronically.
3. The written or electronic offer shall bear a date and shall be irrevocable during the specified period or, in the absence of a period, for 14 days after the date.
4. The offer states at least:

• 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 to be paid in advance;
• The method and period 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 period of time) if the required minimum number of registrations is not reached.
• a copy of these general terms and conditions, to the extent they have not already been provided.
• The legal Standard Package Travel Information Form

Article 4 – Agreement

1. The agreement is established by acceptance of the offer. In case of electronic assignment, the entrepreneur sends an electronic confirmation to the customer .
2. Agreements shall be in writing or electronically.
3. A copy of a written agreement must be provided to the customer.

Article 5 – Terms of payment

1. Payment should be made 14 days after receipt of the invoice, but in any case on the start date of the cruise, at the office of the entrepreneur 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. Nevertheless, after the payment date has passed, the entrepreneur shall send one payment reminder, free of charge, in which he reminds the customer of his default and still gives him the opportunity to pay within 14 days after receipt of this payment reminder, specifying the extrajudicial collection costs due as a result of non-payment within the aforementioned period.
3. After the expiration of the period of 14 days referred to in paragraph 1, the entrepreneur is authorized to proceed to recovery of the amount owed to him without further notice. If the entrepreneur proceeds to do so, the associated extrajudicial costs are reasonably borne by the customer. The entrepreneur may charge a maximum of the collection costs listed below.

Principal Amount Percentage at most Reimbursement of collection costs:
(legal changes reserved)

Over the first € 2,500.00: 15% Minimum € 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% Maximum €6,775.00

Article 6 – Cancellation

1. If the customer wishes to cancel the agreement, he must notify the entrepreneur in writing or electronically as soon as possible. The date of receipt by the entrepreneur is considered the date of cancellation.
2. In case of cancellation, the customer shall owe the entrepreneur a fixed compensation of a percentage of the agreed price, namely:
   Compensation ship:
   15% in case of cancellation up to 6 months before sailing;

20% in case of cancellation up to 5 months before sailing;

30% in case of cancellation up to 4 months before sailing;

40% in case of cancellation up to 3 months before sailing

50% in case of cancellation up to 2 months before sailing;

75% in case of cancellation up to 1 month before sailing;

90% in case of cancellation up to 1 day before sailing

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

3. Compensation catering and other services:

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

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

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

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

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

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

4. The customer may request a substitution from the entrepreneur up to 7 days before departure. The one who replaces the customer must comply with all conditions attached to the agreement. The client and the person who replaces him are jointly and severally liable for payment of the price still due for the cruise, the change fee 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 shall owe that demonstrably higher or lower amount. This amount cannot exceed the maximum price of the agreement. Damage means losses suffered and lost profits.
6. The entrepreneur can cancel the contract if he cannot execute the contract due to unavoidable and extraordinary circumstances and he informs the client immediately and before the start of the cruise.
7. The entrepreneur may cancel the agreement within the period specified in the offer in case the number of registrations is less than the required minimum number of participants announced prior to booking.
8. In the cases mentioned in paragraphs 6 and 7 above, the entrepreneur shall fully refund all amounts already paid by the client for the cruise without being liable for compensation.

Article 7 – Rights and obligations of the entrepreneur

1. The entrepreneur guarantees that the vessel and crew comply with legal regulations and are equipped with at least proper safety equipment.
2. The sailing route is determined by the operator and/or captain in consultation with the client, unless otherwise agreed.
3. At all times the entrepreneur and/or the captain is authorized to change the cruise on the basis of (foreseeable) 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 weather conditions, tides, blockage of waterways and the condition of the vessel.
4. In the cases mentioned in the previous paragraph, the entrepreneur and/or captain will try to reach another solution in consultation with the client. Any additional costs, to the extent reasonable, shall be borne by the customer. The operator and/or commander will decide whether the chosen solution is reasonably practicable.
5. If the agreed vessel and/or captain is/are unexpectedly unavailable, the entrepreneur is entitled to deploy an equivalent other vessel and/or captain. Should this not be possible and the non-availability is due to a cause that a careful entrepreneur could not have prevented, the entrepreneur is entitled to dissolve the contract.
6. The operator may increase the price up to twenty days before the start of the cruise in connection with changes in transportation costs (including fuel costs) or taxes and duties payable. When this provision is applied, the entrepreneur shall indicate the manner in which the increase was calculated. In the event that the increase exceeds 8%, the customer has the right to terminate the agreement without charge within ten days of receiving this written notice.
7. If the costs referred to in the previous paragraph decrease after the conclusion of the contract and before the start of the trip, the customer is entitled to a price reduction. In this case, the entrepreneur has the right to deduct incurred administrative costs from the refund.
8. The entrepreneur may cancel the agreement within the period specified in the offer in case the number of registrations is less than the required minimum number of participants announced prior to booking.
9. The entrepreneur reminds the customer of the obligation of article 8 paragraph 9.
10. The entrepreneur shall make arrangements with the customer for the payment of port, bridge, lock and pilotage fees, local taxes and other types of charges 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 ensured as agreed in the contract, the cost of the necessary accommodation for up to three nights per customer/guest shall be borne by the entrepreneur.

Article 8 – rights and obligations of the customer

1. The client is obliged to provide the entrepreneur or his representative with a list of the guests’ names including contact telephone numbers no later than the start of the cruise.
2. At the end of the agreed sailing period, the client must ensure that the vessel is in the same condition as at the start of the agreed sailing period as far as this is within his sphere of influence.
3. If the client has not acted in accordance with the provisions of the previous paragraph, then the proprietor is entitled to restore the vessel to the condition it was in at the start of the agreed sailing period at the client’s expense. The latter does not apply when said costs are covered by insurance.
4. The client and his guests must follow the instructions of the operator and/or captain and/or other crew members at all times. This applies in particular to the regulations and instructions which are in the interest of order and safety.
5. The client provides, free of charge, the captain and any crew present, the opportunity to use the catering provided on board. If meals are not served on board, the rental price will include an amount for catering for the captain and crew.
6. The luggage of the customer and his guests should be of such size and placed in such a way that it does not cause a nuisance. This is at the discretion of the captain. Allowable luggage includes hand-carried normally needed items for the personal use of the customer and/or guest, other than food and/or beverages, that a customer and/or guest can carry as conveniently 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 client and/or his guests is prohibited.
8. It is prohibited to bring or have pets on board without express prior permission.
9. The customer shall point out to his guests the provisions of these terms and conditions that apply to them.

Article 9 – Nonconformity

1. If one or more services are not performed in accordance with the agreement, the business owner shall ensure that the nonconformity is remedied, unless:
2. impossible; or
3. involves disproportionate costs, taking into account the degree of nonconformity and the value of the services in question.
4. The consumer should immediately notify the entrepreneur of the non-conformity.

Article 10 – Dissolution and suspension

1. If either party fails to fulfill its obligation under the agreement, the other party shall be entitled to suspend the corresponding obligation or to dissolve the agreement, unless the failure does not justify the suspension or dissolution in view of its special nature or minor significance.
2. Dissolution of the agreement is possible in any case if;

• the other party becomes bankrupt, is granted suspension of payments, is subject to debt restructuring, or is placed under guardianship;
• the other party fails to fulfill its obligations under the agreement within 14 days of being given written notice of default.
• by the entrepreneur if there is a situation as mentioned in Article 8 paragraph 4, 6,7 or 8.
• the vessel in question is unavailable due to unforeseen circumstances and it is not possible to offer another comparable vessel in a timely manner despite the entrepreneur’s best efforts.
• by the Entrepreneur if within the period specified in the offer the number of registrations is less than the required minimum number of participants announced prior to booking.

3. Termination or dissolution shall be in writing, stating the grounds on which it is based. The contract is deemed to be terminated extrajudicially after the termination letter is received, but in any case 5 days after the termination letter is sent.
4. If the cause of the cancellation or dissolution can be attributed to the customer and or guests, the resulting damage shall be borne by the customer.
5. 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 operator’s liability for damages is limited to three times the amount of the cruise unless there is personal injury or the damage was caused by intentional or negligent acts of the operator.
2. If a Convention or Regulation applies to a service performed, the entrepreneur may invoke the exclusion or limitation of his liability contained therein.
3. The statute of limitations 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/her damages under an insurance policy taken out by him/her.
5. If the entrepreneur proves that fault or negligence on the part of the customer and/or guest caused or contributed to the damage, the entrepreneur’s liability is thereby eliminated in whole or in part.
6. The operator shall not be liable for loss of or damage to baggage or belongings (including cash, jewelry, electronic equipment or other valuables) if it results from insufficient care on the part of the customer, this includes leaving valuables unattended on or in the vessel.
7. The client is liable for damage caused by him and/or by guests/visitors staying on board the ship at his invitation, unless the damage is attributable to the acts or omissions of the entrepreneur and/or the captain.
8. The entrepreneur is not liable for damage caused by delay, deviation from the agreed starting and/or finishing time or the provision of a substitute vessel because the agreed vessel is not available due to unforeseen circumstances.

Article 12 – Force majeure

1. Force majeure is defined as any unforeseeable circumstance as a result of which the implementation of the contract is delayed or prevented, insofar as this circumstance cannot be avoided by the entrepreneur and it should not be for his account by virtue of the law, the contract or social views.
2. Force majeure is understood to include damage to the vessel that renders the vessel unfit for use for the agreed purpose and the damage is not due to circumstances that the proprietor 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 people on board, it is not responsible to carry out a voyage, this shall also count as force majeure.
4. After dissolution of the contract on the grounds of force majeure, the entrepreneur is entitled to reimbursement of the costs incurred by him to the extent that they were incurred before the force majeure situation that led to dissolution of the contract existed and to the extent that this benefits the customer.

Article 13 – Help and assistance

The entrepreneur is obliged to provide help and assistance to the customer and guests if they are in difficulty. If the cause is attributable to the customer and/or guests then the cost of such assistance shall be borne by customer and/or guests.

Article 14 – Insolvency

The proprietor shall take the measures necessary to ensure that, if he is unable to fulfill or continue to fulfill his obligations to the client due to financial insolvency, care is taken to ensure either that his obligations are taken over by another person or that the amount of the cruise or, if the cruise has already been partially completed, a proportionate part thereof is refunded. When appropriate, the entrepreneur also provides for the repatriation of the client and guests.

Article 15 – Complaints

1. Complaints about the performance of the agreement should be reported on site as soon as possible so that a solution can be sought. Should this not lead to a satisfactory result or if the complaint is only discovered after the cruise, the complaint should be brought to the attention of the proprietor in writing or by e-mail and properly described and explained, within a reasonable time after discovery.
2. Complaints about invoices should be submitted to the entrepreneur, preferably in writing and properly described and explained, within a reasonable time after receiving the relevant invoice.
3. Failure to file the complaint on time may result in the customer losing his rights in the matter, unless the exceeding of the deadline cannot reasonably be held 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

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