GENERAL CONDITIONS PACKAGE TRIP ZENSKIP BV
(Marie Mindful Sailing is a trade name of Zenskip bv)
Prepared on the basis of the European Package Travel Directive 2015/2302 / eu
Translated by Google Translate from the Dutch version, which prevails over this translation.
Article 1 - Definitions
In these General Terms and Conditions the following terms have the following meanings:
- Entrepreneur: natural or legal person who concludes an agreement with a customer.
- Customer: natural or legal person who concludes an agreement with the entrepreneur concerning a cruise with a captain, including accommodation on board a ship for him and / or his guests.
- Captain: skipper / captain who has authority over the ship.
- Guest: the person who is on board the ship at the invitation of the customer and with the permission of the entrepreneur.
- Ship: the ship referred to as such in the agreement or a comparable ship.
- Agreement: any agreement between entrepreneur and customer in which the entrepreneur undertakes towards the customer to transport the customer and / or his guests on a ship for a fee.
- Sailing trip: the entirety of sailing with and staying on board the ship during the period stated in the agreement. Electronic: by email or website.
Article 2 - Applicability
These conditions apply to agreements that the entrepreneur enters into with the customer. These conditions apply between entrepreneur and customer. The customer draws his guests' attention to 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 the entrepreneur's liability would be excluded if the customer made this claim against the entrepreneur. These conditions also serve for the benefit of all natural and legal persons that the entrepreneur, in the broadest sense of the word, uses or has made when concluding and / or executing the agreement. These conditions apply to the exclusion and explicit rejection of any conditions applied by the customer, unless the parties expressly agree otherwise in writing. If the cruise does not include an overnight stay or covers a period of less than 24 hours or is occasionally offered for a non-profit purpose to a limited group of customers, Articles 13 and 14 and the provisions of the Standard Package Travel Information Form do not apply.
Article 3 - The offer
A general offer from the entrepreneur in the form of folders, advertisements or websites is without obligation and should be understood as an invitation to negotiate. The entrepreneur makes the individual offer in writing or electronically. The written or electronic offer is provided with a date and is irrevocable during the specified period or in the absence of a period for 14 days after the date. 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 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, if not previously provided.
Article 4 - Agreement
The agreement is concluded by accepting the offer and a reservation will be kept for 14 days after the entrepreneur has issued an invoice.
Article 5 - Payment conditions
Payment must be made within 14 days after receipt of the invoice. If payment is overdue the reservation and the agreement will become void.
Article 6 - Cancellation
If the customer wants to cancel the agreement, he must inform the entrepreneur as soon as possible in writing or electronically. The booking is only final after payment of the full amount, unless otherwise agreed.
In case of cancellation, the customer owes the entrepreneur a fixed compensation of a percentage of the agreed price, namely:
25% in case of cancellation after final booking (invoice paid);
50% in case of cancellation up to 3 months before departure;
75% in case of cancellation up to 2 months before departure;
100% in case of cancellation up to 1 month before departure.
The customer can request a replacement from the entrepreneur up to 7 days before departure. The person who replaces the customer must meet all conditions attached to the agreement. The customer and the person replacing him are jointly and severally liable for payment of the price of the cruise still owed, the change costs of € 50.00 and any additional costs. 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 loss of profit. The entrepreneur can cancel the agreement if he cannot perform the agreement due to unavoidable and extraordinary circumstances and he informs the customer of this immediately and before the start of the cruise. The entrepreneur can terminate the agreement within the period stated in the offer if the number of registrations is smaller than the minimum number of participants required prior to booking. In the cases referred to in paragraphs 6 and 7 above, the entrepreneur fully refunds all amounts already paid by the customer for the trip without owing compensation.
Article 7 - Entrepreneur's rights and obligations
The entrepreneur guarantees that the ship and the crew meet the legal requirements and are at least provided with proper safety equipment. The sailing route is determined by the entrepreneur and / or the captain in consultation with the customer, unless agreed otherwise. The entrepreneur and / or the captain is authorized at all times to change the sailing trip on the basis of (expected) nautical and / or meteorological reasons. This also includes changing the place of departure and / or arrival and the temporary non-departure. Nautical and / or meteorological grounds include weather conditions, the tide, blockage of waterways and the condition of the ship. In the cases mentioned 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 charged to the customer. The entrepreneur and / or captain decides whether the chosen solution is reasonably practicable. If the agreed ship and / or the captain is unexpectedly unavailable, 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 terminate the agreement.
The entrepreneur can increase the price up to twenty days before the start of the cruise in connection with changes in transport costs (including fuel costs) or the taxes and levies due. When applying this provision, the entrepreneur indicates how the increase has been calculated. If the increase exceeds 8%, the customer has the right to terminate the agreement free of charge within ten days of receipt of this written notification.
If the costs referred to in the previous paragraph drop 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 repayment.
The entrepreneur can terminate the agreement within the period stated in the offer if the number of registrations is smaller than the minimum number of participants required prior to booking.
The entrepreneur draws the customer's attention to the obligation in Article 8 paragraph 9.
The entrepreneur makes agreements with the customer about the payment of port, bridge, lock and pilot fees, local taxes and other levies such as tourist tax and fuel costs.
If, due to unavoidable and extraordinary circumstances, the return of the customer and / or guests as agreed in the agreement cannot be ensured, the costs of the necessary accommodation for a maximum of three nights per customer / guest will be charged of the entrepreneur.
Article 8 - rights and obligations of the customer
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. 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 lies within its sphere of influence. 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 condition in which it was at the start of the agreed sailing period at the customer's expense. The latter does not apply if the aforementioned costs are covered by the insurance. 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 regulations and instructions which are in the interest of order and safety. The customer provides, free of charge, the captain and any crew present, the possibility to use the catering on board. If you do not eat on board, the rental price will include an amount for catering from the captain and crew. The luggage of the customer and his guests must be of such size and placed so that it does not cause any nuisance. This is at the discretion of the captain. Baggage Allowance includes the hand-portable normally needed items for the personal use of the customer and / or guest, other than food and / or drinks, which a customer and / or guest may easily carry at once; packed in suitcases, bags, duffel bags and / or backpacks. Bringing or having on board dangerous goods, weapons, drugs or contraband by the customer and / or his guests is prohibited. It is prohibited to bring or have pets on board without express prior permission. The customer draws his guests' attention to the provisions of these conditions that apply to them.
Article 9 - Non-conformity
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: Is impossible; or Disproportionately high costs, taking into account the degree of non-conformity and the value of the services concerned. The consumer must immediately notify the entrepreneur of the non-conformity.
Article 10 - Dissolution and suspension
If one of the parties fails to fulfill its obligation under the agreement, the other party is entitled to suspend the opposite obligation or to dissolve the agreement, unless the shortcoming does not justify the suspension or dissolution due to its special nature or minor significance. Dissolution of the agreement is in any case possible if; The other party will fail, this suspension of payments will be granted, there will be debt rescheduling, or will be placed under guardianship; The other party does not fulfill its obligations under the agreement within 14 days after being notified in writing. By the entrepreneur if there is a situation as referred to in Article 8 paragraph 4, 6.7 or 8. The ship in question is unavailable due to unforeseen circumstances and it is not possible to offer another comparable ship 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 minimum number of participants required prior to booking. Cancellation or dissolution must be made in writing, stating the grounds on which it is based. The agreement is deemed to be dissolved extrajudicially after the cancellation letter has been received, but in any case 5 days after the cancellation letter has been sent. 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. 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
The entrepreneur's liability for damage is limited to three times the amount of the cruise, unless there is personal injury or the damage was caused by intentional or negligent actions on the part of the entrepreneur. If a Treaty or Regulation applies to a service performed, the entrepreneur can invoke the exclusion or limitation of his liability contained therein. The limitation period for submitting a claim for compensation is two years. The entrepreneur is not liable if the customer / guest has been able to recover his damage under an insurance policy taken out by him. If the entrepreneur proves that the fault and negligence of the customer and / or guest caused or contributed to the damage, the liability of the entrepreneur is wholly or partly canceled. The entrepreneur is not liable for loss of or damage to luggage or belongings (including cash, jewelery, electronic equipment or other valuables) if this is the result of insufficient care by the customer, this also includes leaving unattended valuables on or in the ship. The customer is liable for damage caused by him and / or by guests / visitors who stay on board the ship on his invitation, unless the damage is attributable to the actions or omissions of the entrepreneur and / or the captain. The entrepreneur 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. The entrepreneur is not liable for damage or injury to the customer as a result of any (water sports) activity that the customer voluntarily undertakes during the trip. He is also not liable for damage or injury caused by the customer to third parties during and due to the use of water sports equipment made available by the entrepreneur, such as a dinghy, surfboards and the like.
Article 12 - Force majeure
Force majeure means 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 the account of the law, the agreement or social views. come. 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. 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 passengers, it is not responsible to carry out a voyage, this also counts as force majeure. After termination of the agreement on the grounds of force majeure, the entrepreneur is entitled to compensation of the costs incurred by him insofar as these were incurred before the force majeure situation led to the termination 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 is attributable 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 or unable to fulfill his obligations towards the customer due to financial inability, he will ensure that his obligations are taken over by another person or that the amount of the trip is reimbursed or, if the voyage has already been partially completed, a proportionate part thereof. Where appropriate, the entrepreneur also provides for the repatriation of the customer and guests.
Article 15 - Complaints
Complaints about the implementation of the agreement must 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 the complaint is only discovered after the trip, the complaint must be notified to the entrepreneur in writing or by e-mail and properly described and explained, within a reasonable time after discovery. 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. Failure to submit the complaint on time may result in the customer losing his rights in this matter, unless the exceeding of the term cannot reasonably be invoked against the consumer. If it has become clear that the complaint cannot be resolved by mutual agreement, then 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.
