BBZ / TCN GENERAL CONDITIONS (version 2010)
Article 1. Definitions In these General Terms and Conditions, the following definitions apply:
a. The carrier: natural or legal person who is entitled to conclude one or more agreements with the customer regulated in these conditions.
b. The customer: natural or legal person who is entitled to conclude one or more agreements regulated in these conditions with the carrier.
c. The agreement: every agreement between the carrier and the customer that is regulated in these conditions.
d. The guest: any third party who is admitted to the ship by the carrier on the basis of the agreement concluded by the customer.
e. The voyage: the whole of sailing with and staying on board the ship during the period specified in the agreement.
f. The baggage: baggage that a customer and / or guest can easily carry in one go; consisting of suitcases, bags, duffel bags and / or backpacks.
g. The ship: the ship that is mentioned as such in the agreement.
h. The price: the price that is mentioned as such in the agreement.
i. The captain: the person who controls the ship.
Article 2. Relevance
2.1 These terms and conditions apply to all agreements, including offers concerning the formation of this agreement, which the transporter concludes with the customer with regard to transport and / or catering services and everything related thereto in the broadest sense of the word, unless explicitly stated otherwise determined.
2.2 These conditions also apply between carrier and guest. The customer is committed to this and indemnifies the carrier against all claims that the guest and / or anyone else makes towards the carrier insofar as the carrier's liability would be excluded if the customer made this claim against the carrier.
2.3 These terms and conditions also apply to all natural and legal persons that the carrier, in the broadest sense of the word, uses or has used to conclude and / or perform the agreement.
2.4 These terms and conditions apply to the exclusion and explicit rejection of all other terms and conditions from whomever comes, except where explicitly agreed otherwise in writing.
2.5 Individual changes and / or additions must be recorded in writing.
2.6 These conditions can be translated from the Dutch language into a foreign language. In the event of possible differences in the texts that result from this translation, the Dutch text will prevail.
Article 3. The offer / quotation
3.1A general offer from the carrier in the form of brochures, advertisements and websites, among other things, is without obligation and can be revoked by the carrier if necessary. Revocation must be made as soon as possible, but no later than within two working days after acceptance by the customer.
3.2 An individual offer is issued by the carrier in writing or electronically, with a date. This offer clearly states whether it is a non-binding or irrevocable offer, including the term.
The offer states: a. The total travel sum and the percentage that must be paid in advance; b. the method of payment; c. the maximum number of guests per ship; d. the place, date and time of embarkation and disembarkation; The first offer is accompanied by a copy of these terms and conditions.
Article 4. The agreement
4.1 The agreement is concluded, except in the case of withdrawal as referred to in article 3.1, by acceptance of the offer by the customer. The carrier will send a written or electronic confirmation to the customer after the conclusion of the agreement.
4.2 The customer provides the carrier before or at the latest prior to departure with all information about himself and the guests he has registered.
Article 5. Cancellation
5.1 If the customer wishes to cancel the agreement, he must inform the carrier of this as soon as possible in writing, by letter. The date of receipt by the carrier is regarded as the date of termination.
5.2 In the event of cancellation, the customer owes the carrier a fixed compensation.
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 and including 1 day before departure; 100% in case of cancellation on the day of departure.
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 the event of cancellation up to and including 1 day before departure; 100% in case of cancellation on the day of departure.
If the damage suffered by the carrier as a result of the cancellation exceeds the aforementioned fixed amounts by more than 15%, then the carrier is also entitled to charge those extra costs to the customer.
5.3 In the event of cancellation, the customer may request the carrier to substitute a third party. In the event that the carrier agrees with 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 fulfill its obligation under the agreement, the other party is entitled to suspend the opposite obligation, unless the shortcoming does not justify the suspension due to its special nature or limited significance.
6.2 If one of the parties fails to fulfill its obligation under the agreement, the other party is entitled to terminate the agreement, unless the shortcoming does not justify the termination due to its special nature or limited significance.
6.3 The carrier has the right to terminate or terminate the agreement with immediate effect at any time in the event that: - the customer fails, this suspension of payment is granted, there is talk of debt restructuring, or is placed under guardianship; - the customer does not fulfill his obligations under the agreement within 5 working days after being given written notice of default. - there is a situation as mentioned under article 11 member 2, 3 and 4. - the ship in question is not available due to unforeseen circumstances and despite sufficient effort being made by the carrier it is not possible to offer another comparable ship.
6.4 Cancellation 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 customer has received the cancellation letter, but in any case 5 days after sending the cancellation letter.
6.5 If the cause of the cancellation or dissolution can be attributed to the customer, the damage ensuing therefrom will be borne by the customer.
Article 7. The price and price changes
7.1 Unless otherwise agreed, the price does not include port, bridge, lock and pilotage fees as well as local taxes and other taxes such as tourist tax and fuel costs. These costs must be paid by the customer on board.
7.2 Changes in taxes, duties and similar government levies are charged on at all times.
7.3 An increase in prices is charged by the carrier, insofar as it affects the agreed price, if it occurs after the conclusion of the agreement.
7.4 If, as a result of an increase in prices as referred to in the previous paragraph, the price increases by more than 15%, the customer has the right to terminate the agreement or to cancel the agreement.
Article 8. Payment 8.1 Payment takes place in cash at the reservation unless otherwise agreed. Cash payment also includes crediting the amount due to a bank account specified by the carrier or by means of electronic payment recognized by banks. The value date indicated on the bank / giro statements of the carrier is considered to be the day of payment.
8.2 If payment in installments has been agreed, the customer must pay according to the installments and percentages as set out in the agreement.
Article 9. Late payment
9.1 The customer is in default from the expiration of the payment date. The carrier sends a payment reminder after the expiry of that date and gives the customer the opportunity to pay within 5 working days after receiving this payment reminder.
9.2 If the payment reminder has not yet been paid, the carrier is entitled to charge interest from the expiry of the payment date. This interest is equal to the statutory interest plus 3% on an annual basis on the amount due.
9.3 If the customer, after being summoned, fails to pay the amount due, the carrier is entitled to increase this amount with the collection costs. These collection costs include both judicial and extrajudicial costs. Extrajudicial costs are set at: 15% on the first € 2.500,00 of the claim with a minimum of € 40,00; 10% on the following € 2.500,00 of the claim; 5% on the following € 5.000,00 of the claim: 1% on the following € 15.000,00 of the claim unless the customer can demonstrate that the carrier suffers less damage.
9.4 Complaints about invoices, preferably in writing and properly described and explained, must be submitted to the carrier within a reasonable time after receipt of the relevant invoice.
Article 10. Obligations of the carrier
10.1 The carrier shall make every effort to carry out the cruise to the best of its knowledge and abilities and in accordance with the rules of good workmanship.
10.2 The carrier guarantees that the ship and the crew meet the legal requirements of the country where the ship is registered.
10.3 The shipping route is determined by the carrier and / or captain in consultation with the customer unless otherwise agreed in advance.
10.4 At all times, the carrier and / or the captain are authorized to change the cruise on the basis of nautical grounds. This also includes changing the place of departure and / or the place of arrival and / or not leaving. Nautical grounds include the weather conditions, the tide, blockade of waterways and the condition of the ship.
10.5 In the cases mentioned in the previous paragraph, the carrier and / or the commander will try to reach a different solution in consultation with the customer. Any additional costs, insofar as reasonable, will be borne by the customer. The carrier and / or commander decides whether the chosen solution can be reasonably implemented.
Article 11. Obligations customer (and guests)
11.1 At the end of the voyage, the customer must deliver the ship clean and with a complete inventory in the same condition as it found at the embarkation, unless otherwise agreed.
11.2 The customer and guests must comply with legal and decency standards during the cruise.
11.3 The instructions given by the carrier and / or the captain and / or other crew members in the interest of order and safety must be strictly followed.
11.4 If, in the opinion of the carrier and / or captain, the customer and / or guests do not comply with the provisions of paragraph 2 and 3, the carrier and / or the captain are entitled to terminate the agreement immediately and / or the customer and / or or to deny guests access to the ship immediately, unless the shortcoming, due to its special nature or limited significance, does not justify dissolution
11.5 The customer and the guests are not permitted to have items other than luggage on board, unless explicit prior permission has been given by the carrier and / or captain.
11.6 The customer and guests are not permitted to have (pets) animals on board, unless explicit permission has been given in advance by the transporter and / or captain.
11.7 The customer and guests are not permitted to bring or have materials or objects on board that could endanger the health, well-being and / or safety of themselves or others. This includes in any case: hazardous substances, explosives, radioactive and / or toxic substances, contraband, weapons, ammunition and narcotics.
11.8 On the day of arrival the customer must provide the captain with a list of the names of the guests.
Article 12. Force majeure
12.1 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 carrier and they are not for his account on account of the law, the agreement or social views has to come.
12.2 Force majeure is also understood to mean damage to the ship as a result of which the ship can no longer be used for the agreed purpose and the damage cannot be attributed to circumstances that the carrier could or should have foreseen or prevented.
12.3 After termination of the agreement due to force majeure, the carrier is entitled to reimbursement of the costs incurred by him insofar as these were incurred before it was expected that the force majeure situation would result in termination of the agreement and insofar as the customer benefits from the work. is.
Article 13. Liability of the carrier
13.1 The carrier is not liable for damage caused by death or injury and / or to items insofar as caused by a circumstance that a careful carrier could not have avoided and to the extent that the carrier was unable to prevent the consequences thereof. The carrier is responsible for the soundness and proper functioning of the ship as a means of transport. It is suspected that a careful carrier could not have avoided the following circumstances: fire; explosion; heat; cold; occurrence of rodents or vermin; spoilage; leakage; melt; ignition and corrosion.
13.2 The liability of the carrier is, except in cases of intent or deliberate recklessness, limited to the amount determined by AMvB on the basis of Article 8: 518 BW and 8: 983 BW.
13.3 The compensation that the carrier may be owed for non-compliance with the obligation imposed on him by virtue of article 10 is limited to the agreed price for the rental of the ship.
13.4 If the carrier proves that the customer and / or guest's fault or negligence caused the damage or contributed to it, the carrier's liability is hereby fully or partially canceled.
13.5 The carrier 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 14. Liability of the customer (and guests) The customer is liable for damage caused by him or by guests staying on board the ship at his invitation, unless the damage can be attributed to the actions or omissions of the carrier.
Article 15. Complaints
15.1 Complaints about the implementation of the agreement must be fully and clearly described and submitted to the carrier and / or captain after the customer has discovered or was able to discover the defects.
15.2 Complaints about invoices must, if possible, be submitted in writing and properly explained to the carrier and / or captain within 10 working days after receipt of the relevant invoice.
15.3 The consequences of not submitting a complaint on time will be borne by the customer.
Article 16. Disputes All disputes relating to this agreement are governed by Dutch law. Only the court within the district where the carrier has its office is authorized to take cognizance of these disputes. The customer is entitled to object to the choice of forum within one month after the carrier has invoked the choice of forum and to opt for settlement of the dispute by the competent court according to the law.