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Terms and Conditions IJmuidense Rondvaart Maatschappij BV

General Terms and Conditions of: IJmuidense Rondvaart Maatschappij B.V., Trawlerkade 94, 1976 CC, IJmuiden (Chamber of Commerce No. 34096933). Filed at the Chamber of Commerce and the factories for Amsterdam effective on 16/02/2005 under No. 34096933.

* These terms and conditions can also be downloaded as a PDF (note: Dutch text).

Article 1 Definitions

  1. The following terms are used with the following meaning in these general terms and conditions, unless otherwise indicated. IJmuidense Rondvaart Maatschappij: The user of these general terms and Conditions. Client: The other party doing business with the IJmuidense Rondvaart Maatschappij.

Article 2 General

  1. These terms and conditions apply to any offer, quotation and agreement between the IJmuidense Rondvaart Maatschappij and a client to which these terms and conditions have been declared applicable by the IJmuidense Rondvaart Maatschappij, insofar as these terms and conditions have not been expressly deviated from in writing.
  2. Any deviations from these general terms and conditions are only valid if they have been expressly agreed to in writing.
  3. The applicability of any purchasing terms and conditions or other terms and conditions of the client are explicitly rejected.
  4. In case one or more of the provisions in these general terms and conditions are declared null and void, the other provisions of these general terms and conditions remain applicable. In such an event, the IJmuidense Rondvaart Maatschappij and client will consult each other in order to agree to new provisions to replace those that were declared null and void or annulled, observing as closely as possible the intent and scope of the original provision.

Article 3 Offers and Quotations

  1. All offers of the IJmuidense Rondvaart Maatschappij are without obligation, unless the offer included a time period for acceptance.
  2. The quotations created by the IJmuidense Rondvaart Maatschappij are free of obligations; they are valid for 14 days, unless otherwise indicated. The IJmuidense Rondvaart Maatschappij is only bound to quotations if the acceptance of them by the other party is confirmed in writing within 14 days, unless otherwise indicated.
  3. Offers or quotations do not automatically apply to future assignments.

Article 4 Execution of the Agreement

  1. A dissolving condition for all boat tours are weather conditions (hard storm and/or floating ice and/or high water) that hinder the boat trip or make it impossible. Whether such weather conditions are present is initially to be determined by the captain on duty.
  2. The IJmuidense Rondvaart Maatschappij has the right to remove passengers from the boat if they misbehave or seem to be under the influence.
  3. The client cannot claim a specific boat or type of boat for carrying out a programme.
  4. Client is obliged to follow all instructions from the IJmuidense Rondvaart Maatschappij or its employees promptly and without delay. Access to the vessels, dock and ticket building can be denied with no reason given if this is deemed necessary by the IJmuidense Rondvaart Maatschappij, for example with regard to capacity, safety, public order, impending damage or nuisance.

Article 5 Delays

  1. If client is not present at the agreed time, extra costs incurred by the IJmuidense Rondvaart Maatschappij will be charged to the client.
  2. If the departure time is exceeded, the first 15 minutes are at the expense of the IJmuidense Rondvaart Maatschappij. For every additional 15 minutes or part thereof, client will pay the extra sailing time and extra costs for controlling, guiding and other on-board personnel. Excepted from article 5 paragraph 2 are the cruise and water taxi services.
  3. Large delays caused by the client can result in the cancellation of (parts of) the programme, without any right to a refund for client.

Article 6 Payment

  1. When the client signs the agreement, they will pay 75% of the total price, with a minimum of € 160. The remaining sailing price will be paid in cash, per bank transfer or via electronic payment to the cash register of the IJmuidense Rondvaart Maatschappij prior to the cruise.
  2. If the payment is not made on time, the IJmuidense Rondvaart Maatschappij has the right to – without court involvement or default – dissolve the agreement, without client being entitled to any type of reimbursement for resulting damages. All without any prejudice to the rights of the IJmuidense Rondvaart Maatschappij.
  3. Any collection costs that are incurred will be borne by client.

Article 7 Catering

  1. Catering on board is exclusively arranged by the IJmuidense Rondvaart Maatschappij itself, unless explicitly agreed otherwise between the IJmuidense Rondvaart Maatschappij and client.
  2. Client is obligated to pay the catering costs – insofar as they were not included in the quotation – to the IJmuidense Rondvaart Maatschappij within 14 days after the invoice date.
  3. If the client has not met their payment obligation within 14 days, client will be in default without notice, and legal interest and extralegal collection costs will be added to the amount owed to the IJmuidense Rondvaart Maatschappij. The extralegal collection costs are 15% of the invoice amount, with a minimum of € 120.

Article 8 Cancellation by Client

  1. In the event of cancellation after the final confirmation, client is always obligated to pay a € 25 administrative fee.
  2. In the event of cancellation 6 weeks before the boat tour date, client is obligated to pay 10% of the total price.
  3. In the event of cancellation 6 to 2 weeks before the boat tour date, client is obligated to pay 25%.
  4. In the event of cancellation 2 to 1 weeks before the boat tour date, client is obligated to pay 50%.
  5. In the event of cancellation 7 to 2 days the boat tour date, client is obligated to pay 75%.
  6. In the event of cancellation within 48 hours prior to the boat tour date, client is obligated to pay 100%.
  7. Cancellation can only be done in writing.

Article 9 Partial Cancellation

  1. Reduction of the number of passengers or any other change of the contents of the sailing agreement needs to be done in writing. A reduction of the number of passengers by a maximum margin of 10% of the original number of passengers can be applied without additional costs up to 48 hours before the boat tour. After the aforementioned time period has expired, the last known group size counts.
  2. In the event of a reduction of passengers greater than 10%, the cancellation provisions of article 8 of these terms and conditions apply.
  3. For additional passengers that were not registered 48 hours before the boat tour, a reasonable surcharge will be added. The captain on duty decides whether or not to admit additional passengers in case the number of passengers indicated on the quotation is exceeded.

Article 10 Liability of IJmuidense Rondvaart Maatschappij

  1. The IJmuidense Rondvaart Maatschappij is never liable for the damage to and/or loss of client’s property. Client takes his or her belongings on board completely at his or her own risk.
  2. The IJmuidense Rondvaart Maatschappij is never liable for the death or injury of client, except if caused by deliberate intent or gross negligence on the part of the IJmuidense Rondvaart Maatschappij.
  3. The IJmuidense Rondvaart Maatschappij is never liable for damage to persons or property of client created when stepping on a jetty or the boat. Client steps onto the jetty and/or enters the boat completely at their own risk.
  4. The IJmuidense Rondvaart Maatschappij is never liable for damage caused by delay of departure or during the boat trip.
  5. The IJmuidense Rondvaart Maatschappij is never liable for indirect or consequential damages.
  6. Insofar as the IJmuidense Rondvaart Maatschappij is liable for any damage, this liability is limited to the maximum amount covered by its insurance.
  7. Insofar as the IJmuidense Rondvaart Maatschappij is liable for any damage not covered by its insurance, this liability is limited to the sum of the invoice.

Article 11 Liability of Client

  1. Client is liable for damage caused by client to the property of the IJmuidense Rondvaart Maatschappij or third parties.
  2. Client is responsible for damage that client or their luggage causes to the IJmuidense Rondvaart Maatschappij or its employees.
  3. All activities organised by the IJmuidense Rondvaart Maatschappij occur completely at one’s own risk.
  4. Client indemnifies the IJmuidense Rondvaart Maatschappij of claims for damages by third parties.

Article 12 Complaints

  1. Any complaints need to be submitted in writing to the IJmuidense Rondvaart Maatschappij no later than 2 days after the boat tour.
  2. Complaints that are made verbally or later than 2 days after the boat tour will not be processed.
  3. In deviation from the provisions in the previous paragraphs, any complaints about the catering need to be made explicitly and in person to the serving staff on the night itself.

Article 13 Applicable Law and Competent Judge

  1. These terms and conditions and all agreements entered into under these terms and conditions are exclusively subject to Dutch law.
  2. Any conflicts resulting from these terms and conditions and from agreements entered into under these terms and conditions will exclusively be presented to the competent judge of the district court of Haarlem.
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