General terms and conditions Package holiday

Conditions ANVR

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

Article 1 - Definitions

In these General Terms and Conditions:

1. Entrepreneur: natural or legal person who concludes an agreement with a customer.
2. Client: a natural or legal person who concludes an agreement with the entrepreneur regarding a cruise with captain including accommodation on board a ship for him and / or his guests.
3. Captain: skipper / captain in charge of the ship.
4. Gast: the person who is on board the ship at the invitation of the customer and with the consent of the entrepreneur.
5. Ship: the ship referred to as such in the agreement or a comparable ship.
6. Agreement: any agreement between the entrepreneur and the customer whereby the entrepreneur undertakes to the customer to transport the customer and / or his guests on a ship for a fee.
7. Voyage: the whole of sailing with and staying on board the ship during the period stated in the agreement.
8. Electronic: by e-mail or website.

Article 2 - Applicability

1. These conditions apply to agreements that the entrepreneur concludes with the customer.
2. These conditions apply between the entrepreneur and the customer. The customer informs his guests of the rules in these general terms and conditions. The customer indemnifies the entrepreneur against 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 serve the benefit of all natural and legal persons of which the entrepreneur, in the broadest sense of the word, uses or has made use of when concluding and / or executing the agreement.
4. These terms and conditions apply to the exclusion and explicit rejection of any terms and conditions used by the customer, unless the parties explicitly agree otherwise in writing.
5. If the cruise does not include an overnight stay or if it covers a period of less than 24 hours or if it is occasionally offered to a limited group of customers on a non-profit basis, 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 folders, advertisements or websites is without obligation and must be understood as an invitation to negotiate.
2. The entrepreneur makes the individual offer in writing or electronically.
3. The written or electronic offer will be dated and irrevocable during the specified period or in the absence of a period for 14 days after the date.
4. The offer will 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 reservation of cancellation by the entrepreneur (plus the period within which) if the required minimum number of registrations is not reached.
• a copy of these general terms and conditions, insofar as they have not been provided before.
• the statutory Standard Information Form Package Travel

Article 4 - Agreement

1. The agreement is concluded by accepting the offer. In the event of an electronic order, the entrepreneur sends 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 conditions

1. Payment must 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 to be designated by the entrepreneur.
2. If the customer does not pay on time, he will be legally in default without any notice of default. Nevertheless, after the payment date has expired, the entrepreneur will send one payment reminder free of charge, in which he points out his default to the customer and still 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. pay within the aforementioned period.
3. After expiry of the period of 1 days referred to in paragraph 14, the entrepreneur is authorized to proceed to collection of the amount owed to him without further notice of default. If the entrepreneur does so, the associated extrajudicial costs are reasonably for the account of the customer. The entrepreneur can charge a maximum of the collection costs listed below.

Principal amount Percentage maximum Reimbursement collection costs:
(subject to legal changes)

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%

On 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 of this in writing or electronically as soon as possible. The date of receipt by the entrepreneur is considered the date of cancellation.
2. In the event of cancellation, the customer owes the entrepreneur 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 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 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 the entrepreneur for a substitution up to 7 days before departure. The person replacing the customer must comply with 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 cruise, the change 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 lost profit.
6. The entrepreneur can cancel the agreement if he cannot execute the agreement due to unavoidable and extraordinary circumstances and he informs the customer immediately and before the start of the cruise.
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 referred to in paragraphs 6 and 7 above, the entrepreneur will fully repay all amounts already paid by the customer for the cruise without owing any compensation.

Article 7 - Rights and obligations of the entrepreneur

1. The entrepreneur guarantees that the ship and the crew comply with the legal requirements and are at least equipped with proper safety equipment.
2. The sailing route is determined by the entrepreneur and / or the captain in consultation with the customer, unless otherwise agreed.
3. The entrepreneur and / or the captain is at all times authorized to change the cruise on the basis of (expected) nautical and / or meteorological reasons. This also includes changing the place of departure and / or arrival and temporary non-departure. Nautical and / or meteorological grounds include, among other things, the weather conditions, the tide, the blockage of waterways and the condition of the ship.
4. In the cases referred to 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, will be borne by the customer. The entrepreneur and / or captain decides whether the chosen solution is reasonably feasible.
5. In the unlikely event that the agreed ship and / or the captain is not available, the entrepreneur is entitled to deploy an equivalent other ship or another captain. If this is not possible and the non-availability is the result of a cause that a careful entrepreneur could not have prevented, the entrepreneur is entitled to dissolve the agreement.
6. The entrepreneur can increase the price up to twenty days before the start of the cruise in connection with changes in the transport costs (including fuel costs) or the taxes and levies owed. 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 cancel the agreement free of charge within ten days of receipt of this written notification.
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 reimbursement.
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 the booking.
9. The entrepreneur draws the customer's attention to the obligation of Article 8 paragraph 9.
10. The entrepreneur makes agreements with the customer about the payment of port, bridge, lock and pilotage 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. of the entrepreneur.

Article 8 - rights and obligations of the customer

1. The customer is obliged to provide the entrepreneur or his representative with a list of the names of the guests including telephone numbers of contact persons at the latest at the start of the cruise.
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 state it was in 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 customer 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 with regard to the regulations and instructions that are in the interest of order and safety.
5. The customer provides the captain and any crew present, free of charge, the opportunity to make use of the catering available on board. If no meal is served 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 his guests must be of such size and placed in such a way that it does not cause any nuisance. This at the discretion of the captain. Allowed baggage includes the hand-portable items normally required for the personal use of the customer and / or guest, other than food and / or drinks, which a customer and / or guest can easily carry in one go; packed in suitcases, bags, duffel bags and / or backpacks.
7. It is prohibited to bring or have dangerous substances, weapons, drugs or contraband by the customer and / or his guests on board.
8. It is prohibited to bring or have pets on board without explicit prior permission.
9. The customer informs 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 that:
2. is impossible; or
3. involves disproportionate costs, taking into account the degree of non-compliance and the value of the services concerned.
4. The consumer must immediately notify the entrepreneur of the non-conformity.

Article 10 - Dissolution and suspension

1. If one of the parties does not fulfill its obligation under the agreement, then the other party is authorized to suspend the corresponding obligation or to dissolve the agreement, unless the shortcoming does not justify the suspension or dissolution in view of its special nature or minor significance.
2. Dissolution of the agreement is in any case possible if;

• the other party goes into bankruptcy, is granted a moratorium on payments, is under debt restructuring or is placed under guardianship;
• the other party does not fulfill its obligations under the agreement within 14 days after having been given written notice of default.
• by the entrepreneur if there is a situation as referred to in Article 8, paragraph 4, 6,7, 8 or XNUMX.
• the ship in question is not available due to unforeseen circumstances and it is not possible to offer another comparable ship in time, 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 required minimum number of participants announced prior to the booking.

3. 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 cancellation letter has been received, but in any case 5 days after sending the cancellation letter.
4. If the cause of the cancellation or dissolution can be attributed to the customer and / or guests, the damage resulting from this will be borne by the customer.
5. In the event of dissolution by the entrepreneur, the customer can claim compensation for any damage he has suffered, 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 entrepreneur's liability for damage is limited to three times the amount of the boat trip unless there is personal injury or the damage was caused by intentional or negligent action by the entrepreneur.
2. If a Convention or Regulation applies to a service provided, the entrepreneur can invoke the exclusion or limitation of his liability contained therein.
3. The limitation period for submitting a claim for compensation is two years.
4. The entrepreneur is not liable if the customer / guest has been able to recover his damage 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 liability of the entrepreneur is thereby wholly or partially canceled.
6. The entrepreneur is not liable for loss of or damage to luggage or belongings (including cash, jewelry, electronic equipment or other valuables) if this is the result of insufficient care by the customer, this also includes the unattended leaving valuable belongings 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 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 start and / or end time or the availability 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 for his account on the basis of the law, the agreement or social views. come.
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 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 persons on board, it is not justified to carry out a trip, this also applies as force majeure.
4. After termination of the agreement under force majeure the entrepreneur is entitled to reimbursement of the costs incurred by him insofar as they were incurred before the force majeure situation that led to dissolution of the agreement and insofar as the customer benefits from this.

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 can be attributed 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 takes the measures necessary to ensure that, if he is unable to fulfill his obligations towards the customer due to financial insolvency or cannot continue to fulfill his obligations towards the customer, he will either take over his obligations by someone else or reimburse the amount of the cruise. or, if the voyage has already been partially completed, a proportional part thereof. Where appropriate, the entrepreneur also provides 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 cruise, the complaint must be communicated 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 on time may result in the customer losing his rights in this matter, unless exceeding the term cannot reasonably be enforced 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.

Version June 1, 2018