General terms and conditions of Blue Boat Company
Stadshouderskade 30, TE 1071 ZD, Amsterdam
(KvK nr. 33164380)
Blue Boat Company is a trade name of Rederij Noord-Zuid for which these terms and conditions are equally applicable.
Article 1 Definitions
In these terms and conditions the hereinafter mentioned expressions will be used in the following meaning, unless explicitly otherwise indicated.
Blue Boat Company: the user of these terms and conditions. Customer: the other party.
Article 2 General
- These general terms and conditions apply to all offers, quotations and agreements between Blue Boat Company and a Customer to which Blue Boat Company has declared these general terms and conditions applicable, as far as from these general terms and conditions hasn’t been deviated by parties explicitly and in writing.
- Any deviations from these general terms and conditions are only applicable if and when they are agreed in writing.
- No general terms of purchase, nor any other terms or conditions put forward by the Customer are applicable.
- If any of the conditions in these general terms and conditions of Blue Boat Company is null and void or becomes nullified, the remaining conditions will remain in full force. Blue Boat Company and Customer will then confer with each other in order to agree upon new conditions in substitution of the null and/or nullified conditions, in which the purpose and intent of the original condition will be complied with as much as possible.
Article 3 Offers and quotations
- All offers are free of engagement, unless the offer mentions a term of acceptance.
- Quotations made by Blue Boat Company are free of engagement; they are valid for 14 days, unless otherwise indicated. Blue Boat Company is only bound by the quotations if and when their acceptance by the Customer is confirmed in writing within 14 days, unless otherwise indicated.
- Offers and quotations don’t automatically apply to future orders.
Article 4 Implementation of the agreement
- Weather conditions (hard storm and/or floating ice and/or high water) which obstruct and/or block the round trip apply as resolutive condition for all round trips. Whether there are such weather conditions, lies within the discretion of the captain on duty.
- Blue Boat Company is entitled to remove passengers who misbehave or are under the influence of alcohol.
- Customer can’t claim a certain type of boat or any specific boat for the implementation of a program.
- Customer shall follow all instructions given by Blue Boat Company or its employees strict and without delay. Access to vessels, landing stage and cashbooth can be refused without reason given if and when this is considered necessary by Blue Boat Company, for example in connection with capacity, safety, public order, imminent damage or hindrance.
Article 5 Delay
- If the Customer isn’t present at the agreed time, additional costs made by Blue Boat Company will be charged on to the Customer.
- In case of exceeding of the departure time the first fifteen minutes are at the expense of Blue Boat Company. For any further fifteen minutes delay or part thereof the Customer shall pay additional sailing time and additional costs for attendants, guides and other crew members.
- Large delays caused by the Customer can result in the cancellation of (parts of) the program, without any right to repayment for the Customer.
Article 6 Payment
- On signing the agreement the Customer shall pay 100% of the total amount due. The total amount shall be paid preceding one day before the round trip either cash or by bank transfer or by electronic payment at the cash desk of Blue Boat Company.
- If the down payment isn’t effected in time, Blue Boat Company is entitled to annul the agreement without judicial intervention or proof of default, without the Customer being entitled to any compensation on that account. All this without prejudice to the rights of Blue Boat Company.
- Any collecting fees shall be made fully at the expense of the Customer.
Article 7 Catering
- On board catering will be exclusively taken care of by Blue Boat Company itself, unless explicitly otherwise agreed between Blue Boat Company and Customer.
- Customer is obliged to pay the catering costs, as far as they haven’t been included in the quotation yet, within 14 days after the date of the invoice to Blue Boat Company.
- If the Customer doesn’t comply with his payment obligations within 14 days, the Customer is in default without serving notice and that which the Customer is indebted to Blue Boat Company, will be increased with legal interests and non-legal expenses. These non-legal expenses add up to 15% of the amount of the invoice, at a minimum of € 115,-.
Article 8 Sound aboard
The client is not allowed to take his own sound system on board. The client may use the sound system for boats . The final decision to whether or not to hear (un) amplified music is at all times at the shipping company.
Article 9 Cancellation by the Customer
- In case of cancellation after the final confirmation Customer is at all times obliged to pay € 25,- of administration costs.
- In case of cancellation 6 weeks before the date of the round trip Customer is obliged to pay 10% of the total amount.
- In case of cancellation 6 to 2 weeks before the date of the round trip Customer is obliged to pay 25% of the total amount.
- In case of cancellation 2 to 1 week before the date of the round trip Customer is obliged to pay 50% of the total amount.
- In case of cancellation 7 to 2 days before the date of the round trip Customer is obliged to pay 75% of the total amount.
- In case of cancellation within 48 hours before the date of the round trip Customer is obliged to pay 100% of the total amount.
- Cancellation can only be done in writing.
Article 10 Partial cancellation
- Diminution of the number of passengers or otherwise alteration of the contents of the agreement has to be done in writing.
- A diminution of the number of passengers with a maximum margin of 10% of the original number of passengers can be introduced free of charges till 48 hours prior to the round trip. After the afore-mentioned time the last known size of the group applies.
- In case of diminution of the number of passengers of more than 10% the cancellation conditions of article 8 apply.
- For additional passengers who aren’t introduced 48 hours before the round trip an additional price in fairness will be charged. The captain on duty decides on the admittance of additional passengers when the number of passengers indicated in the quotation is being exceeded.
Article 11 Liability of Blue Boat Company
- Blue Boat Company does not accept liability for loss of and/or damage to belongings of the Customer. The Customer takes aboard all of his or her belongings fully at his or her own risk.
- Blue Boat Company does not accept liability for loss as a result of death or injury of the Customer, except for loss caused by intent or gross negligence on the part of Blue Boat Company.
- Blue Boat Company does not accept liability for injury of persons or damage to belongings caused when entering the landing stage or the round trip vessel. The Customer enters the landing stage and round trip vessel fully at his or her own risk.
- Blue Boat Company does not accept liability for loss due to delay at departure or delay during the round trip.
- Blue Boat Company does not accept liability for indirect or consequential loss. 6. Notwithstanding the previous sections of this article 10, the liability of Blue Boat Company is at all times limited to the amount that is paid out under the insurance policy of Blue Boat Company.
- As far as Blue Boat Company should happen to be liable for any loss which isn’t paid out under the insurance policy of Blue Boat Company, the liability of Blue Boat Company is at all times limited to the amount of the invoice.
Article 12 Liability of the Customer
- The Customer is liable for damage to the belongings of Blue Boat Company or any third-party caused by the Customer.
- The Customer is liable for loss suffered by Blue Boat Company and for injury of the employees of Blue Boat Company caused by the Customer or his or her luggage.
- All activities organised by Blue Boat Company occur fully at the Customer’s own risk.
- The Customer indemnifies Blue Boat Company against third-party liability.
Article 13 Complaints
- Any complaints have to be filed in writing at the latest within 2 days after the round trip.
- Complaints that aren’t being filed in writing or aren’t being filed within 2 days after the round trip, will not be dealt with.
- Contrary to the previous sections of this article 12, any complaints about the catering should be mentioned on the evening itself and explicitly to the present attendants.
Article 14 Applicable law
- Dutch law is exclusively applicable to these terms and conditions and to all agreements made under these terms and conditions.
- Any dispute that may arise from these terms and conditions and/or agreements made under these terms and conditions will be exclusively brought to the competent court in the district of Amsterdam.
Article 15 Safety
- At all times Customer must follow up instructions given by the captain.
- If instructions are ignored, Blue Boat Company has the right to break off the cruise, this all without restitution of payment.