Registered in Amsterdam at Singel 235, with Chamber of Commerce number: 34201860.
TERMS & CONDITIONS
(*1) Please always inform us of your cancellation, also if it is less than 7 days before the cruise, or even on the cruise date itself. We may be able to do something for you even if it is within the 7 days period. We can not give any guarantuees however.
In these General Terms and Conditions, the following definitions are employed:
The services offered and to be provided by Amsterdam Jewel Cruises 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 Jewel Cruises 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.
Amsterdam Jewel Cruises, which carries out tasks or supplies services as described above on behalf of the other party, hereafter referred to as "Amsterdam Jewel Cruises".
2. Applicability of these terms and conditions
These terms and conditions apply to all quotations and contracts from Amsterdam Jewel Cruises Unless otherwise agreed in writing, these terms and conditions are considered by Amsterdam Jewel Cruises to be accepted by the other party. Deviations from these terms and conditions are only permitted if Amsterdam Jewel Cruises has confirmed them in writing.
Anyone participating in a sailing trip offered by Amsterdam Jewel Cruises is considered to be aware of these general terms and conditions and to agree with them.
These general terms and conditions as permanent standard terms and conditions of Amsterdam Jewel Cruises are considered to be declared applicable to future renewal and/or supplementary quotations and contracts or their realization and/or implementation.
Any general terms and conditions employed by the other party are not applicable unless they have been expressly accepted by Amsterdam Jewel Cruises in writing. The signing of documents from the other party by Amsterdam Jewel Cruises to which such general terms and conditions have been declared as applying is not considered written acceptance of them by Amsterdam Jewel Cruises
Unless a specific period of validity is expressly stated in the quotation, all quotations from Amsterdam Jewel Cruises are open ended.
Amsterdam Jewel Cruises retains the right to refuse a commission without giving reasons.
If Amsterdam Jewel Cruises starts carrying out a commission at the request of the other party for a quotation presented by Amsterdam Jewel Cruises to the other party in question, then the other party is considered to have accepted the contract with Amsterdam Jewel Cruises – from the date of implementation – in complete conformance with the quotation made by Amsterdam Jewel Cruises
4. Realization and implementation of the contract
The contract comes into effect through written confirmation sent to the other party that the commission has been accepted by Amsterdam Jewel Cruises or when the other party signs the contract. In urgent cases the contract can also come into effect verbally: in that case realization of the contract is apparent from the implementation by Amsterdam Jewel Cruises of the specified commission, and Amsterdam Jewel Cruises shall confirm the contract in writing within 2 times 24 hours.
The other party does not have the right to transfer the contract with Amsterdam Jewel Cruises entirely or partially to third parties without prior written permission from Amsterdam Jewel Cruises
Amsterdam Jewel Cruises determines the manner in which the commission will be realized 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 Jewel Cruises points out to the other party that there may be financial consequences.
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
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 Jewel Cruises The date of annulment is the date on which Amsterdam Jewel Cruises receives the notice.
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 Jewel Cruises
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 Jewel Cruises
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 Jewel Cruises
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 Jewel Cruises
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 Jewel Cruises
Payment by the other party made to Amsterdam Jewel Cruises 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.
Complaints concerning invoices must be submitted to Amsterdam Jewel Cruises in writing and with clarification within 8 days after the date on the invoice.
Amsterdam Jewel Cruises retains the right to demand payment in advance.
For a credit transfer payment, the date of payment is the day on which the bank account of Amsterdam Jewel Cruises is credited; for cash payment only the receipt issued by Amsterdam Jewel Cruises counts as proof and time of payment.
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 2% per month, with part of a month calculated as an entire month. Furthermore, Amsterdam Jewel Cruises 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 Jewel Cruises as a result of not fulfilling its obligations.
9. Costs in case of default or late payment
All costs incurred by Amsterdam Jewel Cruises to enforce its rights, including all extrajudicial and legal costs for calling in an authorized representative, lawyer or bailiff, are paid by the other party.
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 Jewel Cruises 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.
Without prejudice to its other rights in accordance with the terms and conditions and/or the law, Amsterdam Jewel Cruises 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 realized through a written declaration from Amsterdam Jewel Cruises;
• Annul one, more or all current contracts, concerning which the other party is not in default, entirely or the part not yet realized through a written declaration from Amsterdam Jewel Cruises To claim payment of the entire sum at once if payment in installments was agreed.
Except in the case of making use of the right to annulment, Amsterdam Jewel Cruises 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 Jewel Cruises 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
The other party will always provide Amsterdam Jewel Cruises promptly with all necessary information.
If information necessary for the implementation of the contract is not made available to Amsterdam Jewel Cruises, or not in time or not in conformance with the agreements, or the other party does not fulfill its obligations towards Amsterdam Jewel Cruises in any other way, this can lead to suspension of the fulfillment of Amsterdam Jewel Cruises' obligations, and additional costs can be charged to the other party.
The other party must follow the instructions of Amsterdam Jewel Cruises (its employees) without delay. Access to the boat and docking jetty can be denied by Amsterdam Jewel Cruises without giving reasons if this is considered necessary in connection with e.g. safety and public order.
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.
By complaints is meant all objections by the other party with reference to the implementation of the contract by Amsterdam Jewel Cruises
Complaints are only valid if they have been submitted in writing with justification within 8 workdays after the services provided / commission realized by Amsterdam Jewel Cruises, without prejudice to the stipulations in the following articles.
Slight, commonly accepted deviations in or during the implementation of the contract cannot form a basis for complaints.
The submission of a complaint does not defer the other party's obligation to pay.
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
Amsterdam Jewel Cruises 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.
In all cases for which Amsterdam Jewel Cruises 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 Jewel Cruises (excluding VAT).
After the deadline for complaints specified in article 13, Amsterdam Jewel Cruises is no longer liable for its shortcomings, unless a written, agreed guarantee applies.
Amsterdam Jewel Cruises expressly excludes every liability with regard to all persons for whom Amsterdam Jewel Cruises is responsible or liable in any way, including third parties that Amsterdam Jewel Cruises has subcontracted to provide services.
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 Jewel Cruises from damage suffered by third parties during the implementation of the contract between the parties.
The other party is responsible and liable for the behavior of the passengers it invites on board. The other party should arrange appropriate insurance to cover its own risk.
The other party is liable for the loss of and/or damage to property and possessions of Amsterdam Jewel Cruises 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 Jewel Cruises or subcontracted third parties, unless gross culpability of the personnel in question was involved.
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 Jewel Cruises 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
None of the parties is obliged to fulfill 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 Jewel Cruises
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.
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 Jewel Cruises has already partially fulfilled the contract, the other party owes Amsterdam Jewel Cruises a similar proportion of the agreed price.
Parties cannot claim damage compensation from each other in case of force majeure.
16. Suspension and termination
If in the judgment of Amsterdam Jewel Cruises the creditworthiness of the other party gives cause to do so, Amsterdam Jewel Cruises can demand at any moment further security or payment in advance, the lack of which gives Amsterdam Jewel Cruises the right to suspend the implementation of the contract.
If the other party does not fulfill 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 Jewel Cruises 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.
If Amsterdam Jewel Cruises 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 Jewel Cruises during the period that Amsterdam Jewel Cruises suspended the implementation of its obligations.
The other party can only annul a contract if, after supplying proper written proof of default and giving it a reasonable deadline to still fulfill its obligations, Amsterdam Jewel Cruises culpably continues to fail to fulfill its obligations in the contract to such an extent that the other party cannot reasonably be expected to uphold the contract.
If the contract is annulled by Amsterdam Jewel Cruises because of default by the other party, Amsterdam Jewel Cruises retains the right to payment of the full agreed price.
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 Jewel Cruises Sums billed by Amsterdam Jewel Cruises for the annulment in connection with what it had already done or supplied to fulfill the contract remain due without change and can be claimed immediately at the moment of annulment.
Unless there is proof to the contrary, the administrative data of Amsterdam Jewel Cruises 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 Jewel Cruises 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, May 2009 Amsterdam Jewel Cruises
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