General Terms and Conditions of Package Travel 

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

Article 1 - Definitions.
In these General Terms and Conditions, the following definitions shall apply:

a. Entrepreneur: natural or legal person who concludes an agreement with a customer.
b. Customer: natural or legal person who enters into a contract with the entrepreneur concerning a cruise with captain including accommodation on board a ship for him and/or his guests.
c. Captain: skipper/captain in charge of the vessel.
d. Guest: the person who is on board the vessel at the invitation of the client and with the permission of the entrepreneur.
e. Vessel: the vessel named as such in the contract or a comparable vessel.
f. Agreement: any agreement between the entrepreneur and the client whereby the entrepreneur undertakes towards the client to transport the client and/or his guests on a ship for payment.
g. Voyage: the whole of sailing with and staying on board the vessel during the period mentioned in the agreement.
h. Electronic: by e-mail or website.

Article 2 - Applicability
1. These conditions apply to agreements that the entrepreneur concludes with the client.
2. These terms and conditions apply between entrepreneur and customer. The client draws his guests' attention to the rules contained in these general terms and conditions. The customer indemnifies the entrepreneur from all claims made by the guest against the entrepreneur, insofar as the entrepreneur's liability would be excluded if the customer made this claim against the entrepreneur.
3. These conditions also apply to all natural and legal persons which the entrepreneur, in the broadest sense of the word, uses or has used in concluding and/or carrying out 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 on an occasional basis to a limited group of customers without a profit motive, articles 13 and 14 and the provisions of the Standard Information Form Package Trip do not apply.

Article 3 - The offer
1. A general offer from the entrepreneur in the form of leaflets, advertisements or websites is without obligation and should be understood as an invitation to negotiate.
2. The entrepreneur makes the individual offer in writing or electronically.
3. The written or electronic offer is dated and is irrevocable during the specified period or, in the absence of a period, for 14 days after the date.
4. The offer shall 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 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 operator (plus the period of time) if the required minimum number of registrations is not reached.
A copy of these general terms and conditions, if not already provided.
The legal Standard Package Travel Information Form.

Article 4 - Agreement
1. The agreement is established by acceptance of the offer. In case of an electronic assignment 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 shall be given to the client. 

Article 5 - Terms of payment
1. Payment should be made 14 days after receipt of the invoice, but in any case on the commencement date of the cruise, at the office of the entrepreneur or by transfer to a bank account indicated by the entrepreneur.
2. If the client does not pay on time he will legally be in default without any notice of default. Nevertheless, after the payment date has passed, the proprietor sends a reminder, free of charge, in which he reminds the client of his default and still gives him the opportunity to pay within 14 days after receipt of this reminder, stating the extrajudicial collection costs due as a result of non-payment within the aforementioned period.
3. After expiry of the period of 14 days referred to in paragraph 1, the proprietor is entitled to recover the amount owed to him without further notice of default. If the proprietor proceeds to do so, the associated extrajudicial costs are at the expense of the consumer.
The entrepreneur may charge a maximum of the collection costs listed below.
Principal Amount Percentage Maximum Collection fee: 
(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 and above: 0.5% Maximum € 6,775.00

Article 6 - Cancellation
1. If the client 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 client 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 departure;
30% in case of cancellation up to 4 months before sailing;
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 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 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 sailing.
4. The customer can request a substitution from the entrepreneur up to 7 days before departure at the latest. The person who replaces the client must comply with all the conditions attached to the agreement. The client and the person replacing 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 client who cancels the agreement shall be 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 client shall owe that demonstrably higher or lower amount. This amount cannot exceed the maximum price of the agreement. Damage shall be understood to mean loss suffered and loss of 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 of this immediately and before the start of the cruise.
7. The entrepreneur can cancel the agreement within the period stated in the offer in case the number of registrations is smaller 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 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 proprietor 
1. The proprietor guarantees that the vessel and crew comply with the statutory regulations 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 client, unless otherwise agreed
3. At all times, the entrepreneur and/or captain is authorized to change the sailing trip 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 reasons are understood to include weather conditions, tide, blockage 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 client. Any additional costs, insofar as reasonable, shall be borne by the client. The entrepreneur and/or captain decides whether the chosen solution is reasonably practicable.
5. In the unlikely event that the agreed vessel and/or captain is/are not available, the entrepreneur is entitled to deploy an equivalent other vessel and/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 contract.
6. The proprietor can increase the price in connection with changes in the cost of transport (including fuel costs) or the taxes and levies payable up to twenty days before the start of the cruise. When applying this provision, the proprietor shall indicate how the increase has been calculated. If the increase exceeds 8%, the client has the right to terminate the contract free of 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 agreement and before the start of the trip, the customer is entitled to a price reduction. In this case, the entrepreneur is entitled to deduct incurred administrative costs from the refund.
8. The entrepreneur can cancel the agreement within the period stated 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 makes arrangements with the client regarding the payment of port, bridge, lock and pilotage dues, local taxes and other charges such as tourist tax and fuel costs. 
11. If, due to unavoidable and extraordinary circumstances, the return of the client and/or guests cannot be arranged as agreed in the agreement, the cost of the necessary accommodation for a maximum of three nights per client/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 names of the guests including telephone numbers of contact persons no later than at 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 insofar as this lies 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 if the aforementioned costs are covered by insurance.
4. The client and his guests must follow the instructions of the entrepreneur and/or captain and/or other crew members at all times. This applies in particular with regard to regulations and instructions which are in the interests of order and safety.
5. The client provides the captain and any crew present, free of charge, the opportunity to make use of the catering present on board. If catering is not provided on board, the hire price will include an amount for catering for the captain and crew.
6. The luggage of the client and his guests must be of such size and be placed in such a way that it does not cause inconvenience. This is at the discretion of the captain. Permitted luggage includes hand-carried normally required articles for personal use of the customer and/or guest, not being food and/or beverages, which 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 customer and/or guests is prohibited.
8. Bringing or having pets on board without express prior permission is prohibited.
9. The client shall draw his guests' attention to the provisions of these terms and conditions applicable to them.

Article 9 - Non-compliance
1. If one or more services are not performed in accordance with the agreement, the entrepreneur shall ensure that the non-conformity is remedied, unless that:
a. is impossible; or
b. involves disproportionately high costs, taking into account the degree of non-conformity and the value of the services in question.
2. The consumer must inform the entrepreneur immediately of the non-conformity.

Article 10 - Dissolution and suspension
1. If one of the parties does not comply with its obligation under the agreement, the other party is entitled to suspend the corresponding obligation or to dissolve the agreement, unless the shortcoming, given its special nature or minor importance, does not justify the suspension or dissolution.
2. Dissolution of the agreement is in any case possible if;
The other party becomes bankrupt, is granted suspension of payment, is subject to debt restructuring, or is placed under guardianship;
the other party does not comply with his obligations under the agreement within 14 days after having been put in default in writing.
by the entrepreneur if there is a situation as mentioned in article 8 section 4, 6,7 or 8.
The vessel in question is not available due to unforeseen circumstances and it is not possible to offer another comparable vessel in time despite the entrepreneur making sufficient effort.
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. Termination or dissolution shall be in writing, stating the grounds on which it is based. The agreement is deemed to have been dissolved extrajudicially after the cancellation letter has been received, but in any case 5 days after the cancellation letter has been 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 client 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 liability of the proprietor for damage is limited to three times the amount of the cruise unless there is personal injury or the damage is caused by deliberate or negligent action by the proprietor.
2. If a Convention or Regulation is applicable to a service provided, the proprietor can invoke 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 shall not be liable if the customer/guest has been able to recover his damage on the basis of an insurance policy taken out by him.
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 wholly or partially removed.
6. The proprietor is not liable for loss of or damage to luggage or possessions (including cash, jewelry, electronic equipment or other valuables) if this is the result of insufficient care on the part of the client, which 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 vessel at his invitation, unless the damage is attributable to the acts or omissions of the entrepreneur and/or the captain.
8. The proprietor is not liable for damage caused by delay, deviation from the agreed starting and/or finishing time or the provision of a replacement vessel because the agreed vessel is not available due to unforeseen circumstances.

Article 12 - Force majeure
1. Force majeure is understood to mean every 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 proprietor and insofar as it should not be for the account of the proprietor on the grounds of the law, the contract or social views.
2. Force majeure is also understood to mean damage to the vessel that results in the vessel no longer being deployable for the agreed purpose and the damage cannot be attributed to circumstances that the proprietor could or should have been able to foresee or prevent.
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 vessel and the group of persons on board, it is not responsible to carry out a voyage, this shall also be regarded as force majeure.
4. After dissolution of the agreement due to force majeure, the entrepreneur is entitled to reimbursement of the costs incurred by him insofar as these were incurred before the force majeure situation that led to dissolution of the agreement and insofar as this benefits the client.

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 costs of such assistance shall be borne by the customer and/or guests.

Article 14 - Insolvency
The proprietor takes 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. Where appropriate, the proprietor also provides for the repatriation of the client and guests.

Article 15 - Complaints
1. Complaints about the implementation of the agreement should be reported on the spot 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 should be brought to the attention of the proprietor in writing or by e-mail and adequately described and explained, within a reasonable time after discovery.
2. Complaints about invoices should be submitted to the proprietor, preferably in writing and adequately described and explained, within a reasonable time after receipt of the invoice in question.
3. Not submitting the complaint in time may result in the client losing his rights in the matter, 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, 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.