GENERAL TERMS AND CONDITIONS FOR AMSTERDAM BOATS
B.V.
registered in Amsterdam at the Korte Prinsengracht 48, with Chamber of Commerce number:
34331505.
1. Definitions
In these General Terms and Conditions, the following definitions are employed:
1.1 Services:
The services offered and to be provided by Amsterdam Boats B.V. under these general terms
and conditions which concern offering the other party one or more sailing trips with one or
more vessels for the number of persons specified in the contract concluded between the
parties.
1.2 Other party:
The party to whom Amsterdam Boats B.V. has made an offer or with whom a contract has
been concluded and the persons/passengers on whose behalf the other party concluded the
contract.
1.3 Contractor: Amsterdam Boats B.V., which carries out tasks or supplies services as
described above on behalf of the other party, hereafter referred to as "Amsterdam Boats B.V.".
2. Applicability of these terms and conditions
2.1
These terms and conditions apply to all quotations and contracts from Amsterdam Boats B.V.
Unless otherwise agreed in writing, these terms and conditions are considered by Amsterdam
Boats B.V. to be accepted by the other party. Deviations from these terms and conditions are
only permitted if Amsterdam Boats B.V. has confirmed them in writing.
2.2
Anyone participating in a sailing trip offered by Amsterdam Boats B.V. is considered to be
aware of these general terms and conditions and to agree with them.
2.3
These general terms and conditions as permanent standard terms and conditions of
Amsterdam Boats B.V. are considered to be declared applicable to future renewal and/or
supplementary quotations and contracts or their realisation and/or implementation.
2.4
Any general terms and conditions employed by the other party are not applicable unless they
have been expressly accepted by Amsterdam Boats B.V. in writing. The signing of documents
from the other party by Amsterdam Boats B.V. to which such general terms and conditions
have been declared as applying is not considered written acceptance of them by Amsterdam
Boats B.V.
3. Quotations
3.1
Unless a specific period of validity is expressly stated in the quotation, all quotations from
Amsterdam Boats B.V. are open ended.
3.2
Amsterdam Boats B.V. retains the right to refuse a commission without giving reasons.
3.3
If Amsterdam Boats B.V. starts carrying out a commission at the request of the other party for
a quotation presented by Amsterdam Boats B.V. to the other party in question, then the other
party is considered to have accepted the contract with Amsterdam Boats B.V. – from the date
of implementation – in complete conformance with the quotation made by Amsterdam Boats
B.V.
4. Realisation and implementation of the contract
4.1
The contract comes into effect through written confirmation sent to the other party that the
commission has been accepted by Amsterdam Boats B.V. or when the other party signs the
contract. In urgent cases the contract can also come into effect verbally: in that case
realisation of the contract is apparent from the implementation by Amsterdam Boats B.V. of
the specified commission, and Amsterdam Boats B.V. shall confirm the contract in writing
within 2 times 24 hours.
4.2
The other party does not have the right to transfer the contract with Amsterdam Boats B.V.
entirely or partially to third parties without prior written permission from Amsterdam Boats
B.V.
4.3
Amsterdam Boats B.V. determines the manner in which the commission will be realised within
reasonable limits and according to what was agreed in writing by the parties.
5. Modified implementation
If before or during the implementation of the contract it appears that it or part of it can only be
implemented in modified form due to unforeseen circumstances, the party which first becomes
aware of these circumstances must contact the other party for a consultation. Amsterdam
Boats B.V. points out to the other party that there may be financial consequences.
6. Amendments
Amendments in the contract and deviations from these general terms and conditions only
become valid when they have been agreed in writing between the parties. If amendments lead
to an increase or decrease of the costs, the resulting change in the price must be agreed in
writing by the parties.
7. Annulment by the other party
7.1
The other party has the right under the terms and conditions listed below to annul a contract
concluded between the parties. Annulment is done through a written notice from the other
party sent by registered post to Amsterdam Boats B.V. The date of annulment is the date on
which Amsterdam Boats B.V. receives the notice.
7.2
If the other party annuls the contract less than two months before the sailing trip, the contract
between the parties is terminated with the understanding that the other party pays 15% of the
invoice amount to Amsterdam Boats B.V.
7.3
If the other party annuls the contract less than one month before the sailing trip, the contract
between the parties is terminated with the understanding that the other party pays 50% of the
invoice amount to Amsterdam Boats B.V.
7.4
If the other party annuls the contract less than 14 days before the sailing trip, the contract
between the parties is terminated with the understanding that the other party pays 60% of the
invoice amount to Amsterdam Boats B.V.
7.5
If the other party annuls the contract less than 7 days before the sailing trip, the contract
between the parties is terminated with the understanding that the other party pays 75% of the
invoice amount to Amsterdam Boats B.V.
7.6
If the other party annuls the contract less than 48 hours before the sailing trip, the contract
between the parties is terminated with the understanding that the other party pays 100% of
the invoice amount to Amsterdam Boats B.V.
8. Payment
8.1
Payment by the other party made to Amsterdam Boats B.V. should be done in conformance
with the payment terms and conditions specified on the invoice and/or confirmation without
deduction or deferment of any kind. In the absence of such terms and conditions, payment
must be made within 14 days of the date on the invoice. Payment is made without the other
party blocking its payment obligation through seizure or in any another manner. If the
payment is not received within the agreed deadline, then the other party is in default.
8.2
Complaints concerning invoices must be submitted to Amsterdam Boats B.V. in writing and
with clarification within 8 days after the date on the invoice.
8.3
Amsterdam Boats B.V. retains the right to demand payment in advance.
8.4
For a credit transfer payment, the date of payment is the day on which the bank account of
Amsterdam Boats B.V. is credited; for cash payment only the receipt issued by Amsterdam
Boats B.V. counts as proof and time of payment.
8.5
Payment must be done within the agreed deadline, and if not the other party is legally in
default. From the date of default, the other party owes a contractual interest of 6% per month,
with part of a month calculated as an entire month. Furthermore, Amsterdam Boats B.V. is
justified in that case to suspend the implementation of the contract, and the other party is
obliged to reimburse all costs, both in and outside court, incurred by Amsterdam Boats B.V. as
a result of not fulfilling its obligations.
9. Costs in case of default or late payment
9.1
All costs incurred by Amsterdam Boats B.V. to enforce its rights, including all extrajudicial and
legal costs for calling in an authorised representative, lawyer or bailiff, are paid by the other
party.
9.2
The extrajudicial costs amount to at least 15% (excluding VAT) of the sum due with a
minimum of €500 (excluding VAT) per claim. If Amsterdam Boats B.V. can show in all fairness
that it was forced to incur higher extrajudicial costs, these are also charged to the other party.
All costs associated with judicial debt collection are paid by the other party, including that for
judicial seizure.
9.3
Without prejudice to its other rights in accordance with the terms and conditions and/or the
law, Amsterdam Boats B.V. retains its right towards the other party which did not pay on time
to:
• Immediate payment regarding the other party and/or providing security for the payment
due for all current contracts;
• Suspend its action(s), also those specified in other contracts with the other party, without
prejudice to its right to claim concurrent or later security provision for the payment
due;
• Annul the contract in question entirely or the part not yet realised through a written
declaration from Amsterdam Boats B.V.;
• Annul one, more or all current contracts, concerning which the other party is not in
default, entirely or the part not yet realised through a written declaration from
Amsterdam Boats B.V. To claim payment of the entire sum at once if payment in
installments was agreed.
9.4
Except in the case of making use of the right to annulment, Amsterdam Boats B.V. can change
its mind at any time about the rights specified in this article.
10. The price
All prices and tariffs are given without VAT and any other levy imposed by the government. All
prices are based on the conditions pertaining at the time of concluding the contract. If these
conditions change after conclusion of the contract, Amsterdam Boats B.V. is justified to raise or
lower the agreed prices by the amount by which its costs were raised or lowered after
specifying the resulting increase or reduction in costs. Typical conditions include: local or
foreign taxes, wage, price and exchange rate changes.
11. Confidential information
Parties commit themselves to maintain the confidentiality of confidential information about the
other party. Each party will take all reasonable precautionary measures to fulfil this obligation
to the best of its abilities.
12. Cooperation with other party
12.1
The other party will always provide Amsterdam Boats B.V. promptly with all necessary
information.
12.2
If information necessary for the implementation of the contract is not made available to
Amsterdam Boats B.V., or not in time or not in conformance with the agreements, or the other
party does not fulfil its obligations towards Amsterdam Boats B.V. in any other way, this can
lead to suspension of the fulfillment of Amsterdam Boats B.V.'s obligations, and additional
costs can be charged to the other party.
12.3
The other party must follow the instructions of Amsterdam Boats B.V. (its employees) without
delay. Access to the boat and docking jetty can be denied by Amsterdam Boats B.V. without
giving reasons if this is considered necessary in connection with e.g. safety and public order.
12.4
No deviations are permitted from the starting time of the sailing trip. The boat departs at the
agreed time. If the passengers (or some of them) are late, the other party assumes
responsibility for any cost and risk. At the other party's express request confirmed in writing,
departure can be delayed until all the passengers have arrived. Deviations from the agreed
departure time are entirely at the other party's risk and charged to their account. The duration
of the sailing trip will be shortened by the length of the delay. Other parts of the trip can be
changed/shortened or cancelled entirely as a result of this delay.
13. Complaints
13.1
By complaints is meant all objections by the other party with reference to the implementation
of the contract by Amsterdam Boats B.V.
13.2
Complaints are only valid if they have been submitted in writing with justification within 8
workdays after the services provided / commission realised by Amsterdam Boats B.V., without
prejudice to the stipulations in the following articles.
13.3
Slight, commonly accepted deviations in or during the implementation of the contract cannot
form a basis for complaints.
13.4
The submission of a complaint does not defer the other party's obligation to pay.
13.5
If the other party has not objected within the above-specified deadline, the other party is
considered to have accepted the services provided and/or approved the invoices. In the
absence of such a complaint, the other party loses all right to a claim.
14. Liability for damage
14.1
Amsterdam Boats B.V. is not liable for damage resulting from inadequate or late
implementation of the contract, nor is it liable for any other direct and/or indirect damage,
including injury, to the other party, unless this damage is due to gross culpability, negligence
or intent.
14.2
In all cases for which Amsterdam Boats B.V. is required to pay compensation for damage, it
shall never amount to more than the sum invoiced and chargeable to the other party on the
basis of the contract in question with Amsterdam Boats B.V. (excluding VAT).
14.3
After the deadline for complaints specified in article 13, Amsterdam Boats B.V. is no longer
liable for its shortcomings, unless a written, agreed guarantee applies.
14.4
Amsterdam Boats B.V. expressly excludes every liability with regard to all persons for whom
Amsterdam Boats B.V. is responsible or liable in any way, including third parties that
Amsterdam Boats B.V. has subcontracted to provide services.
14.5
The other party's legal claim to compensation of damage lapses and is therefore not admissible
if it is initiated more than one year after implementation of the contract in question. The other
party indemnifies Amsterdam Boats B.V. from damage suffered by third parties during the
implementation of the contract between the parties.
14.6
The other party is responsible and liable for the behaviour of the passengers it invites on
board. The other party should arrange appropriate insurance to cover its own risk.
14.7
The other party is liable for the loss of and/or damage to property and possessions of
Amsterdam Boats B.V. irrespective of the cause. Also, the other party is liable for damage or
injury caused by the passengers to the personnel or to the property and possessions of the
personnel of Amsterdam Boats B.V. or subcontracted third parties, unless gross culpability of
the personnel in question was involved.
14.8
The other party is obliged to report damage to the skipper on duty immediately or right after it
has occurred, at the latest before the end of the sailing trip. The skipper will prepare a damage
declaration including the time of occurrence, the nature and cause of the damage reported by
the other party. It must be signed by the other party before leaving the boat. The preparation
of the specified damage declaration by the skipper on duty does not in any way mean that
Amsterdam Boats B.V. accepts responsibility or can be held responsible for the reported
damage or any resulting financial or other consequences. Preparing the declaration is solely
meant as documentation.
15. Force majeure
15.1
None of the parties is obliged to fulfil any obligation if it is hindered in doing so by
circumstances beyond its control, nor will it be charged by virtue of the law, legal action or
commonly accepted views, like storm damage, natural disasters, impedance by third parties,
interfering government measures, war, strike, fire, faults and accidents in the third parties'
companies, and shortcomings or force majeure of suppliers or of third parties whose services
were subcontracted by Amsterdam Boats B.V.
15.2
In the case of force majeure or other circumstances of such a nature that complying with the
contract (further) cannot be reasonably and fairly expected, the implementation of the contract
will be suspended or, if this suspension continues unbroken for at least three months or it has
been ascertained that it will last longer than three months, the other party can terminate the
contract entirely or in part with immediate effect and without legal mediation by sending a
registered letter to the first party. This right to terminate lapses if, before it is exercised, the
obligation whose fulfillment is temporarily hindered by force majeure can be fulfilled after all.
15.3
In case of termination of the contract due to force majeure, the obligations in the contract are
also annulled, with the understanding that if Amsterdam Boats B.V. has already partially
fulfilled the contract, the other party owes Amsterdam Boats B.V. a similar proportion of the
agreed price.
15.4
Parties cannot claim damage compensation from each other in case of force majeure.
16. Suspension and termination
16.1
If in the judgement of Amsterdam Boats B.V. the creditworthiness of the other party gives
cause to do so, Amsterdam Boats B.V. can demand at any moment further security or payment
in advance, the lack of which gives Amsterdam Boats B.V. the right to suspend the
implementation of the contract.
16.2
If the other party does not fulfil one or more of its obligations, or not on time or inadequately,
requests surseance of payment, is declared bankrupt, its capital is partly or entirely seized
and/or the other party loses all or part of its disposal over its capital, Amsterdam Boats B.V.
has the right to suspend the implementation of the contract or annul it through a written
declaration, all of this at its discretion and without prejudice to any right it is entitled to for
compensation of damage, costs and interest.
16.3
If Amsterdam Boats B.V. makes use of the competence specified in the preceding paragraph to
suspend the implementation of the contract, this leaves intact the other party's obligation to
pay the compensation agreed with Amsterdam Boats B.V. during the period that Amsterdam
Boats B.V. suspended the implementation of its obligations.
16.4
The other party can only annul a contract if, after supplying proper written proof of default and
giving it a reasonable deadline to still fulfil its obligations, Amsterdam Boats B.V. culpably
continues to fail to fulfil its obligations in the contract to such an extent that the other party
cannot reasonably be expected to uphold the contract.
16.5
If the contract is annulled by Amsterdam Boats B.V. because of default by the other party,
Amsterdam Boats B.V. retains the right to payment of the full agreed price.
16.6
Annulment can take place through registered letter addressed to the other party; legal
mediation is not required. If the other party at the moment of annulling the contract has
already received benefits from implementation of the contract, it can only partly annul the
contract and only that part which has not yet been fulfilled by Amsterdam Boats B.V. Sums
billed by Amsterdam Boats B.V. for the annulment in connection with what it had already done
or supplied to fulfil the contract remain due without change and can be claimed immediately at
the moment of annulment.
17. Proof
Unless there is proof to the contrary, the administrative data of Amsterdam Boats B.V. are
decisive concerning agreements to which these terms and conditions apply and the resulting
contracts.
18. Applicable law for disputes
Dutch law applies to these general terms and conditions and to all contracts based on them
and concluded by Amsterdam Boats B.V. All disputes that may arise concerning the clarification
or implementation of these terms and conditions or contracts will be exclusively submitted to
the competent judge in Amsterdam.
In the event of a discrepancy or difference in interpretation between various language versions
of these Terms and conditions, the Dutch language version shall prevail.
Amsterdam, 11 January 2010 Amsterdam Boats BV
B.V.
registered in Amsterdam at the Korte Prinsengracht 48, with Chamber of Commerce number:
34331505.
1. Definitions
In these General Terms and Conditions, the following definitions are employed:
1.1 Services:
The services offered and to be provided by Amsterdam Boats B.V. under these general terms
and conditions which concern offering the other party one or more sailing trips with one or
more vessels for the number of persons specified in the contract concluded between the
parties.
1.2 Other party:
The party to whom Amsterdam Boats B.V. has made an offer or with whom a contract has
been concluded and the persons/passengers on whose behalf the other party concluded the
contract.
1.3 Contractor: Amsterdam Boats B.V., which carries out tasks or supplies services as
described above on behalf of the other party, hereafter referred to as "Amsterdam Boats B.V.".
2. Applicability of these terms and conditions
2.1
These terms and conditions apply to all quotations and contracts from Amsterdam Boats B.V.
Unless otherwise agreed in writing, these terms and conditions are considered by Amsterdam
Boats B.V. to be accepted by the other party. Deviations from these terms and conditions are
only permitted if Amsterdam Boats B.V. has confirmed them in writing.
2.2
Anyone participating in a sailing trip offered by Amsterdam Boats B.V. is considered to be
aware of these general terms and conditions and to agree with them.
2.3
These general terms and conditions as permanent standard terms and conditions of
Amsterdam Boats B.V. are considered to be declared applicable to future renewal and/or
supplementary quotations and contracts or their realisation and/or implementation.
2.4
Any general terms and conditions employed by the other party are not applicable unless they
have been expressly accepted by Amsterdam Boats B.V. in writing. The signing of documents
from the other party by Amsterdam Boats B.V. to which such general terms and conditions
have been declared as applying is not considered written acceptance of them by Amsterdam
Boats B.V.
3. Quotations
3.1
Unless a specific period of validity is expressly stated in the quotation, all quotations from
Amsterdam Boats B.V. are open ended.
3.2
Amsterdam Boats B.V. retains the right to refuse a commission without giving reasons.
3.3
If Amsterdam Boats B.V. starts carrying out a commission at the request of the other party for
a quotation presented by Amsterdam Boats B.V. to the other party in question, then the other
party is considered to have accepted the contract with Amsterdam Boats B.V. – from the date
of implementation – in complete conformance with the quotation made by Amsterdam Boats
B.V.
4. Realisation and implementation of the contract
4.1
The contract comes into effect through written confirmation sent to the other party that the
commission has been accepted by Amsterdam Boats B.V. or when the other party signs the
contract. In urgent cases the contract can also come into effect verbally: in that case
realisation of the contract is apparent from the implementation by Amsterdam Boats B.V. of
the specified commission, and Amsterdam Boats B.V. shall confirm the contract in writing
within 2 times 24 hours.
4.2
The other party does not have the right to transfer the contract with Amsterdam Boats B.V.
entirely or partially to third parties without prior written permission from Amsterdam Boats
B.V.
4.3
Amsterdam Boats B.V. determines the manner in which the commission will be realised within
reasonable limits and according to what was agreed in writing by the parties.
5. Modified implementation
If before or during the implementation of the contract it appears that it or part of it can only be
implemented in modified form due to unforeseen circumstances, the party which first becomes
aware of these circumstances must contact the other party for a consultation. Amsterdam
Boats B.V. points out to the other party that there may be financial consequences.
6. Amendments
Amendments in the contract and deviations from these general terms and conditions only
become valid when they have been agreed in writing between the parties. If amendments lead
to an increase or decrease of the costs, the resulting change in the price must be agreed in
writing by the parties.
7. Annulment by the other party
7.1
The other party has the right under the terms and conditions listed below to annul a contract
concluded between the parties. Annulment is done through a written notice from the other
party sent by registered post to Amsterdam Boats B.V. The date of annulment is the date on
which Amsterdam Boats B.V. receives the notice.
7.2
If the other party annuls the contract less than two months before the sailing trip, the contract
between the parties is terminated with the understanding that the other party pays 15% of the
invoice amount to Amsterdam Boats B.V.
7.3
If the other party annuls the contract less than one month before the sailing trip, the contract
between the parties is terminated with the understanding that the other party pays 50% of the
invoice amount to Amsterdam Boats B.V.
7.4
If the other party annuls the contract less than 14 days before the sailing trip, the contract
between the parties is terminated with the understanding that the other party pays 60% of the
invoice amount to Amsterdam Boats B.V.
7.5
If the other party annuls the contract less than 7 days before the sailing trip, the contract
between the parties is terminated with the understanding that the other party pays 75% of the
invoice amount to Amsterdam Boats B.V.
7.6
If the other party annuls the contract less than 48 hours before the sailing trip, the contract
between the parties is terminated with the understanding that the other party pays 100% of
the invoice amount to Amsterdam Boats B.V.
8. Payment
8.1
Payment by the other party made to Amsterdam Boats B.V. should be done in conformance
with the payment terms and conditions specified on the invoice and/or confirmation without
deduction or deferment of any kind. In the absence of such terms and conditions, payment
must be made within 14 days of the date on the invoice. Payment is made without the other
party blocking its payment obligation through seizure or in any another manner. If the
payment is not received within the agreed deadline, then the other party is in default.
8.2
Complaints concerning invoices must be submitted to Amsterdam Boats B.V. in writing and
with clarification within 8 days after the date on the invoice.
8.3
Amsterdam Boats B.V. retains the right to demand payment in advance.
8.4
For a credit transfer payment, the date of payment is the day on which the bank account of
Amsterdam Boats B.V. is credited; for cash payment only the receipt issued by Amsterdam
Boats B.V. counts as proof and time of payment.
8.5
Payment must be done within the agreed deadline, and if not the other party is legally in
default. From the date of default, the other party owes a contractual interest of 6% per month,
with part of a month calculated as an entire month. Furthermore, Amsterdam Boats B.V. is
justified in that case to suspend the implementation of the contract, and the other party is
obliged to reimburse all costs, both in and outside court, incurred by Amsterdam Boats B.V. as
a result of not fulfilling its obligations.
9. Costs in case of default or late payment
9.1
All costs incurred by Amsterdam Boats B.V. to enforce its rights, including all extrajudicial and
legal costs for calling in an authorised representative, lawyer or bailiff, are paid by the other
party.
9.2
The extrajudicial costs amount to at least 15% (excluding VAT) of the sum due with a
minimum of €500 (excluding VAT) per claim. If Amsterdam Boats B.V. can show in all fairness
that it was forced to incur higher extrajudicial costs, these are also charged to the other party.
All costs associated with judicial debt collection are paid by the other party, including that for
judicial seizure.
9.3
Without prejudice to its other rights in accordance with the terms and conditions and/or the
law, Amsterdam Boats B.V. retains its right towards the other party which did not pay on time
to:
• Immediate payment regarding the other party and/or providing security for the payment
due for all current contracts;
• Suspend its action(s), also those specified in other contracts with the other party, without
prejudice to its right to claim concurrent or later security provision for the payment
due;
• Annul the contract in question entirely or the part not yet realised through a written
declaration from Amsterdam Boats B.V.;
• Annul one, more or all current contracts, concerning which the other party is not in
default, entirely or the part not yet realised through a written declaration from
Amsterdam Boats B.V. To claim payment of the entire sum at once if payment in
installments was agreed.
9.4
Except in the case of making use of the right to annulment, Amsterdam Boats B.V. can change
its mind at any time about the rights specified in this article.
10. The price
All prices and tariffs are given without VAT and any other levy imposed by the government. All
prices are based on the conditions pertaining at the time of concluding the contract. If these
conditions change after conclusion of the contract, Amsterdam Boats B.V. is justified to raise or
lower the agreed prices by the amount by which its costs were raised or lowered after
specifying the resulting increase or reduction in costs. Typical conditions include: local or
foreign taxes, wage, price and exchange rate changes.
11. Confidential information
Parties commit themselves to maintain the confidentiality of confidential information about the
other party. Each party will take all reasonable precautionary measures to fulfil this obligation
to the best of its abilities.
12. Cooperation with other party
12.1
The other party will always provide Amsterdam Boats B.V. promptly with all necessary
information.
12.2
If information necessary for the implementation of the contract is not made available to
Amsterdam Boats B.V., or not in time or not in conformance with the agreements, or the other
party does not fulfil its obligations towards Amsterdam Boats B.V. in any other way, this can
lead to suspension of the fulfillment of Amsterdam Boats B.V.'s obligations, and additional
costs can be charged to the other party.
12.3
The other party must follow the instructions of Amsterdam Boats B.V. (its employees) without
delay. Access to the boat and docking jetty can be denied by Amsterdam Boats B.V. without
giving reasons if this is considered necessary in connection with e.g. safety and public order.
12.4
No deviations are permitted from the starting time of the sailing trip. The boat departs at the
agreed time. If the passengers (or some of them) are late, the other party assumes
responsibility for any cost and risk. At the other party's express request confirmed in writing,
departure can be delayed until all the passengers have arrived. Deviations from the agreed
departure time are entirely at the other party's risk and charged to their account. The duration
of the sailing trip will be shortened by the length of the delay. Other parts of the trip can be
changed/shortened or cancelled entirely as a result of this delay.
13. Complaints
13.1
By complaints is meant all objections by the other party with reference to the implementation
of the contract by Amsterdam Boats B.V.
13.2
Complaints are only valid if they have been submitted in writing with justification within 8
workdays after the services provided / commission realised by Amsterdam Boats B.V., without
prejudice to the stipulations in the following articles.
13.3
Slight, commonly accepted deviations in or during the implementation of the contract cannot
form a basis for complaints.
13.4
The submission of a complaint does not defer the other party's obligation to pay.
13.5
If the other party has not objected within the above-specified deadline, the other party is
considered to have accepted the services provided and/or approved the invoices. In the
absence of such a complaint, the other party loses all right to a claim.
14. Liability for damage
14.1
Amsterdam Boats B.V. is not liable for damage resulting from inadequate or late
implementation of the contract, nor is it liable for any other direct and/or indirect damage,
including injury, to the other party, unless this damage is due to gross culpability, negligence
or intent.
14.2
In all cases for which Amsterdam Boats B.V. is required to pay compensation for damage, it
shall never amount to more than the sum invoiced and chargeable to the other party on the
basis of the contract in question with Amsterdam Boats B.V. (excluding VAT).
14.3
After the deadline for complaints specified in article 13, Amsterdam Boats B.V. is no longer
liable for its shortcomings, unless a written, agreed guarantee applies.
14.4
Amsterdam Boats B.V. expressly excludes every liability with regard to all persons for whom
Amsterdam Boats B.V. is responsible or liable in any way, including third parties that
Amsterdam Boats B.V. has subcontracted to provide services.
14.5
The other party's legal claim to compensation of damage lapses and is therefore not admissible
if it is initiated more than one year after implementation of the contract in question. The other
party indemnifies Amsterdam Boats B.V. from damage suffered by third parties during the
implementation of the contract between the parties.
14.6
The other party is responsible and liable for the behaviour of the passengers it invites on
board. The other party should arrange appropriate insurance to cover its own risk.
14.7
The other party is liable for the loss of and/or damage to property and possessions of
Amsterdam Boats B.V. irrespective of the cause. Also, the other party is liable for damage or
injury caused by the passengers to the personnel or to the property and possessions of the
personnel of Amsterdam Boats B.V. or subcontracted third parties, unless gross culpability of
the personnel in question was involved.
14.8
The other party is obliged to report damage to the skipper on duty immediately or right after it
has occurred, at the latest before the end of the sailing trip. The skipper will prepare a damage
declaration including the time of occurrence, the nature and cause of the damage reported by
the other party. It must be signed by the other party before leaving the boat. The preparation
of the specified damage declaration by the skipper on duty does not in any way mean that
Amsterdam Boats B.V. accepts responsibility or can be held responsible for the reported
damage or any resulting financial or other consequences. Preparing the declaration is solely
meant as documentation.
15. Force majeure
15.1
None of the parties is obliged to fulfil any obligation if it is hindered in doing so by
circumstances beyond its control, nor will it be charged by virtue of the law, legal action or
commonly accepted views, like storm damage, natural disasters, impedance by third parties,
interfering government measures, war, strike, fire, faults and accidents in the third parties'
companies, and shortcomings or force majeure of suppliers or of third parties whose services
were subcontracted by Amsterdam Boats B.V.
15.2
In the case of force majeure or other circumstances of such a nature that complying with the
contract (further) cannot be reasonably and fairly expected, the implementation of the contract
will be suspended or, if this suspension continues unbroken for at least three months or it has
been ascertained that it will last longer than three months, the other party can terminate the
contract entirely or in part with immediate effect and without legal mediation by sending a
registered letter to the first party. This right to terminate lapses if, before it is exercised, the
obligation whose fulfillment is temporarily hindered by force majeure can be fulfilled after all.
15.3
In case of termination of the contract due to force majeure, the obligations in the contract are
also annulled, with the understanding that if Amsterdam Boats B.V. has already partially
fulfilled the contract, the other party owes Amsterdam Boats B.V. a similar proportion of the
agreed price.
15.4
Parties cannot claim damage compensation from each other in case of force majeure.
16. Suspension and termination
16.1
If in the judgement of Amsterdam Boats B.V. the creditworthiness of the other party gives
cause to do so, Amsterdam Boats B.V. can demand at any moment further security or payment
in advance, the lack of which gives Amsterdam Boats B.V. the right to suspend the
implementation of the contract.
16.2
If the other party does not fulfil one or more of its obligations, or not on time or inadequately,
requests surseance of payment, is declared bankrupt, its capital is partly or entirely seized
and/or the other party loses all or part of its disposal over its capital, Amsterdam Boats B.V.
has the right to suspend the implementation of the contract or annul it through a written
declaration, all of this at its discretion and without prejudice to any right it is entitled to for
compensation of damage, costs and interest.
16.3
If Amsterdam Boats B.V. makes use of the competence specified in the preceding paragraph to
suspend the implementation of the contract, this leaves intact the other party's obligation to
pay the compensation agreed with Amsterdam Boats B.V. during the period that Amsterdam
Boats B.V. suspended the implementation of its obligations.
16.4
The other party can only annul a contract if, after supplying proper written proof of default and
giving it a reasonable deadline to still fulfil its obligations, Amsterdam Boats B.V. culpably
continues to fail to fulfil its obligations in the contract to such an extent that the other party
cannot reasonably be expected to uphold the contract.
16.5
If the contract is annulled by Amsterdam Boats B.V. because of default by the other party,
Amsterdam Boats B.V. retains the right to payment of the full agreed price.
16.6
Annulment can take place through registered letter addressed to the other party; legal
mediation is not required. If the other party at the moment of annulling the contract has
already received benefits from implementation of the contract, it can only partly annul the
contract and only that part which has not yet been fulfilled by Amsterdam Boats B.V. Sums
billed by Amsterdam Boats B.V. for the annulment in connection with what it had already done
or supplied to fulfil the contract remain due without change and can be claimed immediately at
the moment of annulment.
17. Proof
Unless there is proof to the contrary, the administrative data of Amsterdam Boats B.V. are
decisive concerning agreements to which these terms and conditions apply and the resulting
contracts.
18. Applicable law for disputes
Dutch law applies to these general terms and conditions and to all contracts based on them
and concluded by Amsterdam Boats B.V. All disputes that may arise concerning the clarification
or implementation of these terms and conditions or contracts will be exclusively submitted to
the competent judge in Amsterdam.
In the event of a discrepancy or difference in interpretation between various language versions
of these Terms and conditions, the Dutch language version shall prevail.
Amsterdam, 11 January 2010 Amsterdam Boats BV
