|General Terms and Conditions of Company ‘ Rederij De Nederlanden’
|Located on 279 Singel, Amsterdam (postcode: 1012 WG)
Registered under the number 34164494 by the Kamer van Koophandel (Chamber of Commerce) in Amsterdam.
In these terms and conditions the following definitions apply:
The services supplied by Rederij de Nederlanden to the party/client in the framework of the terms and conditions refer to the offer of one or more boat cruises with one or more boats for a set number of persons as described in the designed and agreed upon contract.
The client/Party to whom Rederij de Nederlanden has made an offer/tender or with whom a contract has been made/accord has been reached with regard to the persons/passengers of the party for whom an agreement has been reached.
Rederij de Nederlanden who, commissioned by the client, executes or provides services as described above, hereafter named ‘Rederij de Nederlanden’.
Application of these Terms and Conditions.
|a||These terms and conditions are applicable to all offers/tenders and contracts from Rederij de Nederlanden. Unless otherwise stated in a written contract, these terms and conditions are expected to be accepted by the client of Rederij de Nederlanden. These terms and conditions can only be departed from when Rederij de Nederlanden gives written confirmation to the fact.|
|b||Every person that partakes of the boat trip offered by Rederij de Nederlanden is expected to be familiar with the contents of these general terms and conditions and to be in accord with them.|
|c||These general terms and conditions become permanent and lasting terms and conditions of Rederij de Nederlanden and will be applied to (future) subsequent and/or supplementary offers, as to agreements/contracts and the formation and implementation of them.|
|d||General terms and conditions employed by the client cannot be applied to Rederij de Nederlanden unless otherwise explicitly accepted by Rederij de Nederlanden and stated in a written contract. The presence of a signature from Rederij de Nederlanden on documents from the client where such general terms and conditions are stated does not indicate acceptance of these terms and conditions by Rederij de Nederlanden.|
|a||Unless a expiration date is otherwise explicitly stated in the offer/tender, all offers/tenders by Rederij de Nederlanden have no pre-arranged cessation date.|
|b||Rederij de Nederlanden retains the right to refuse a commission without notification of cause.|
|c||In the case where Rederij de Nederlanden, at the request of the client, has begun the execution of services as stated in an offer/tender provided by Rederij de Nederlanden for the aforementioned client, the client is required- from the date of execution- to have reached an agreement/signed a contract in accordance with the offer/tender provided by Rederij de Nederlanden.|
Creation and execution of an agreement/contract
|a||The agreement/contract becomes valid through written confirmation by Rederij de Nederlanden to the client that the commissioned services offered have been accepted through the client by signature on the contract. In emergency cases the contract can also be verbally made; in this case the execution of services is the confirmation of the verbal contract made with Rederij de Nederlanden and a written contract will be sent/confirmed within 2 x 24 hours of the verbal contract being made.|
|b||The client does not have the right to transfer to a third party in whole or part the contract made with Rederij de Nederlanden unless written confirmation has been made by Rederij de Nederlanden previous to execution of services.|
|c||Rederij de Nederlanden retains the right to decide the method of execution of the contract within the boundaries of the agreement/contract that has been agreed to by both parties.|
Changes in execution
|Where before or during the execution of the agreement/contract it, or part thereof, must be changed or cannot be executed due to unforeseen circumstances, the party that first becomes aware of the change in circumstances must immediately notify the other party and in consultation therewith continue further. Rederij de Nederlanden notifies the client/party of the financial consequences of such changes or cancellations.|
|Changes in the agreement/contract or deviations from these general terms and conditions will only be valid when they have written confirmation and acceptance by both parties. In the case where changes in contract lead to an increase or decrease of costs, the change in cost must be agreed to by both parties with written confirmation.|
|7.||Cancellation of services by the client|
|a||The client has the right to cancel an agreement/contract established by both parties under the following conditions. Cancellation will be sent by written notification through the client/party to Rederij de Nederlanden. The cancellation date is the date upon which Rederij de Nederlanden receives the written cancellation.|
|b||In the case where the client cancels the agreement/contract less than two (2) months before the agreed upon date of the execution of services, the agreement/contract between both parties will be annulled with the understanding that the client is under obligation to pay 15% of the total costs stated at the conclusion of the contract to Rederij de Nederlanden.|
|c||In the case where the client cancels the agreement/contract less than one (1) month before the agreed upon date of the execution of services , the agreement/ contract between both parties will be annulled with the understanding that the client is under obligation to pay 50% of the total costs stated at the conclusion of the contract to Rederij de Nederlanden.|
|d||In the case where the client cancels the agreement/contract less than fourteen (14) days before the agreed upon date of the execution of services, the agreement/ contract between both parties will be annulled with the understanding that the client is under obligation to pay 60% of the total costs stated at the conclusion of the contract to Rederij de Nederlanden.|
|e||In the case where the client cancels the agreement/contract less than seven (7) days before the agreed upon date of the execution of services, the agreement/contract will be annulled with the understanding that the client is under obligation to pay 75% of the total costs stated at the conclusion of the contract to Rederij de Nederlanden.
|f||In the case where the client cancels the agreement/contract less than 48 hours before the agreed upon date of the execution of services, the agreement/contract will be annulled with the understanding that the client is under obligation to pay 100% of the total costs stated at the conclusion of the contract to Rederij de Nederlanden.|
|a||Payment by the client to Rederij de Nederlanden must be equivalent to the amount stated on the invoice or agreement/contract with payment conditions, without adjustments to or suspension of the sum or part thereof. Where no alternative conditions of payment have been agreed to, the amount must be paid within 14 days of the date stated on the invoice. Payment will occur without the client (or third party) sequestering or blocking their payment obligation. If the full payment is not received within the agreed to timeframe, the client is in default.|
|b||Complaints regarding the invoice must be submitted in writing to Rederij de Nederlanden within eight (8) days.|
|c||Rederij de Nederlanden retains the right to demand payment in advance of provision of services.|
|d||With bank transfer payments, the date of payment is the date on which the invoiced sum is received on the account of Rederij de Nederlanden. With cash payments, the date of payment is the date and time stated on the receipt provided by Rederij de Nederlanden.|
|e||Payment must occur within the stated timeframe; failure by the client/party to do so results in the client being in default by law.
From the date of default, the client/party will also owe contractual interest of six (6)% per month of the invoiced amount, where a part or whole of the month will be calculated. Rederij de Nederlanden retains the right to postpone services contracted to be provided to the client/party where the client defaults on payment and to hold the client/party liable to all costs, both in and out of contract, which are incurred due to the failure of the client/party to meet obligations.
Costs incurred due to failure or late payment.
|a||All costs incurred during the enforcement of rights by Rederij de Nederlanden, including all contractual and additional to contractual costs such as the authorization of a legal representative, lawyer or collection agency will be invoiced to the client/party.|
|b||The additional contractual costs constitute a minimum amount of 15% (excluding GST) of the invoiced amount, with a minimum of E500.00 (excluding GST) per invoice. In cases where Rederij de Nederlanden can prove within reason higher than normal additional contractual costs have been incurred, these also will be invoiced to the client/party. All costs involved in the authorization of outside parties to the collection of unpaid costs, including any court costs will be invoiced to the client/party.|
|c||Rederij de Nederlanden has the right from the client/party, which has failed to pay in a timely manner, to pursue the remainder of their rights and has the right to:|
|d||Except for where Rederij de Nederlanden has executed its right to annul an agreement, it remains the right of Rederij de Nederlanden to alter its rights in this article at any time and in any way it so chooses to do.|
|All prices and tariffs are excluding GST and any other eventual costs imposed by the local or national authorities. All prices are based on the circumstances that are current to the agreement/contract being accepted. When the situation arises where circumstances change after the acceptance of an agreement/contract, Rederij de Nederlanden retains the right to increase or decrease the contractual costs in accordance with the costs incurred to Rederij de Nederlanden by the increase or decrease of costs relating to the change in circumstances. Circumstances include, but are not limited to, national or international taxation, salaries and wages, prices and exchange rates.|
|All parties are obliged to the bilateral privacy of confidential information. All parties will take reasonable steps and precautions in order to ensure confidential information remains as such.|
|a||The client will release all relevant information to Rederij de Nederlanden in a timely manner.|
|b||In situations where the necessary or relevant information is not provided, is not provided in a timely manner, or is not provided in accordance with agreements set with Rederij de Nederlanden, or if the client/party does not meet its obligations toward Rederij de Nederlanden, the postponement of obligations by Rederij de Nederlanden toward the client/party can occur and any costs involved with this postponement will be extended toward the client/party.|
|c||The changes provided by (the employees of) Rederij de Nederlanden should be promptly executed by the client/party. Access to the boat and/or piers can be refused without explanation by Rederij de Nederlanden, when this is considered necessary for (e.g.) safety and public order.|
|d||The commencement time of the boat trip cannot be departed from. The boat departs on the agreed to time. The tardiness of (a number of) passengers is at the cost and risk of the client/party. It is possible to wait for all passengers at explicit request of the client/party with written confirmation. Deviations from the agreed/contractual commencement time is at the cost and risk of the client/party. The length of the trip will be shortened in accordance with the length of the delay. Other elements of the trip can be changed/shortened or cancelled entirely leading from the delay.|
|a||Complaints refer to all grievances of the client/party with reference to the execution of the contract/agreement by Rederij de Nederlanden.|
|b||Complaints are only official when they have been submitted in writing with supporting motivation within eight (8) working days of the execution of the contract/agreement by Rederij de Nederlanden.|
|c||Small alterations or variations in the daily execution of the contract/agreement are acceptable and are not considered grounds for complaints.|
|d||The lodging of a complaint does not nullify the responsibility of the complainant to complete payment, as specified on the invoice.|
|e||If a complain is not lodged within the aforementioned timeframe, the client/party is required to approve the services and/or invoice. When no complain has been submitted within the specified timeframe, all complaints by the party/client will be considered void.|
|14.||Liability for Damage
|a||Rederij de Nederlanden is not to be held liable for damage as a result of, or due to, inadequate or late execution of the contract/agreement, nor is the company to be held liable for any other direct and/or including indirect damage or injury (damage) of the client/party unless the damage is the result of serious neglect, recklessness or intentional planning.|
|b||In all cases where Rederij de Nederlanden is held to the payment of financial compensation, this will never be more than the amount specified in the contract/agreement between the client/party and Rederij de Nederlanden (excl. GST).|
|c||After the complaints period specified in article 13, Rederij de Nederlanden is no longer able to be held responsible for the company’s shortcomings, unless a written warranty has been given that both parties have agreed to.|
|d||Rederij de Nederlanden explicitly excludes every liability with respect to all persons for whom Rederij de Nederlanden is responsible for, or may be liable for in any way, including all third parties that Rederij de Nederlanden has hired in for the provision of services.|
|e||The legal claim of the client/party for financial compensation for damage becomes void, and is therefore inadmissible, if it is brought after a period of one (1) year after the execution of the relevant contract/agreement. The client/party absolves Rederij de Nederlanden for damage that third parties may incur during the execution of the agreement/contract between the parties.|
|f||The client/party is responsible and liable for the behaviour of the passengers brought on board a vessel owned by or hired in by Rederij de Nederlanden. The client/party will ensure that the relevant insurance coverage has been taken out by the client/party.|
|g||The client/party is liable for the loss of and/or damage to property and assets belonging to Rederij de Nederlanden for whatever reason. The client/party is also liable for damage incurred by passengers to the staff/personnel and/or property and assets of the staff of Rederij de Nederlanden as well as that of hired third parties, unless there is gross negligence by the relevant person(s).|
|15.||Unforeseen Circumstances (Force Majeure)
|a||None of the parties is held to the fulfillment of any obligations if they are prevented from doing so due to circumstances that are beyond their control. These circumstances may include, but are not restricted to, storm damage, natural disasters, obstacles by third parties, restrictive measures by any authorities, war, strikes, fire, breakdown, malfunction or accidents in the enterprises of third parties as well as shortcomings or unforeseen circumstances of suppliers or third parties whose services are contracted by Rederij de Nederlanden.|
|b||In cases of unforeseen circumstances or other circumstances of such a nature that in fairness and reasonableness (further) fulfillment of the contract cannot be expected, the execution of the contract/agreement will be suspended. In situations where the suspension of services has been continuous for three months, or it is established that the suspension of services will be continuous for three or more months, the counter party in the agreement has the right to terminate, either in whole or in part, the contract/agreement immediately without the need for legal intervention by submitting a signed letter addressed to the counter party. The right to termination becomes void if, before use has been made of the termination right, obligations that were temporarily prevented from being fulfilled due to unforeseen circumstances are still met.|
|c||In the case of termination of a contract/agreement due to unforeseen circumstances, the obligations stated in the contract become void, with the understanding that when a contract is partially executed by Rederij de Nederlanden the client/party is equally obliged to pay the invoiced and agreed upon financial amount.|
|d||Parties cannot, in the case of unforeseen circumstances, demand compensation from the counter party.|
|16.||Suspension and Termination
|a||If, in the opinion of Rederij de Nederlanden, the solvency of the client/party gives rise to concern; Rederij de Nederlanden can at any point demand payment in advance. Failure to do so by the counter party gives Rederij de Nederlanden the right to terminate the execution (or part thereof) of the agreement.|
|b||In cases where the client/party does not fulfil/does not fulfil in a timely manner/does not properly meet one or more of their obligations, or demands suspension of payment, or is declared bankrupt, or their capital is wholly or partly seized and/or the client/party wholly or partly loses the jurisdiction over their assets, Rederij de Nederlanden has the right to terminate the execution of the contract/agreement either with a written explanation or another method decided at the company’s discretion. Rederij de Nederlanden also has the future legal right to compensation for damage, costs incurred and interest.|
|c||If Rederij de Nederlanden makes use of the aforementioned right to termination of the execution of the contract/agreement, the client/party will be obliged to payment of the agreed upon amount specified in the contract/agreement to Rederij de Nederlanden for the period that the company without impediment of payment.|
|d||The client/party can only terminate a contract/agreement in the case where Rederij de Nederlanden, after proper written notice where a reasonable timeframe has been given to still fulfil their commitments as specified in the contract/agreement, fails to accountably do so to such an extent that the client/party cannot in reasonableness and fairness be expected to uphold the contract/agreement.|
|e||In cases where the contract/agreement has been terminated by Rederij de Nederlanden due to default by the client/party, Rederij de Nederlanden retains the right to full payment of the agreed to price.|
|Termination can eventuate with the submission of a signed letter to the counter party; legal mediation is not required. If the client/party, at the point of termination of the contract/agreement, has already benefited from services specified in the contract/agreement, the client/party can only terminate those services which have not been executed by Rederij de Nederlanden. Costs incurred by Rederij de Nederlanden for services provided as stipulated in the contract/agreement before the
Rederij de Nederlanden – Algemene Voorwaarden – www.denederlanden.com
termination thereof remain payable to the company and at the point of termination can be demanded immediately.
|In situations to which these terms and conditions apply, the documentation of Rederij de Nederlanden is final and binding, unless the client/party provides relevant proof contrary to the facts provided.|
|18.||Application of Rights and Disputes|
|These general terms and conditions and all entered contracts/agreements with Rederij de Nederlanden are governed by Dutch law. Any differences which may occur with reference to the explanation or the execution of these terms and conditions or any contracts/agreements will be submitted to a qualified judge in Amsterdam.|
|Amsterdam, November 2010.|
|Rederij de Nederlanden|