Terms and Conditions

General Terms and Conditions BBZ / Ship Josefien & Information Package Travel

Drawn up on the basis of the European Package Travel Directive 2015/2302/eu

Article 1 – Definitions
In these General Terms and Conditions, the following terms have the following meanings:
a. Entrepreneur: natural or legal person who enters into an agreement with a customer.
b. Customer: natural or legal person who enters into an agreement with the entrepreneur concerning a sailing trip with skipper including accommodation on board a ship for him and/or his guests.
c. Skipper: captain who is in command of the ship.
d. Guest: the person who is on board the ship at the invitation of the customer and with the permission of the entrepreneur.
e. Ship: the ship that is mentioned as such in the agreement or a similar ship.
f. Agreement: any agreement between entrepreneur and customer whereby the entrepreneur undertakes, for payment, to transport the customer and/or his guests on a ship.
g. Sailing trip: the whole of sailing with and staying on board the ship during the period mentioned in the agreement.
h. Electronic: by e-mail or website.

Article 2 – Applicability

1. These terms and conditions apply to agreements concluded by the entrepreneur with the customer.
2. These terms and conditions apply between entrepreneur and customer. The customer informs his guests of the rules in these general terms and conditions. The customer indemnifies the entrepreneur against all claims that the guest may make against the entrepreneur, insofar as the entrepreneur’s liability would be excluded if the customer were to make this claim against the entrepreneur.
3. These terms and conditions also apply to all natural and legal persons that the entrepreneur, in the broadest sense of the word, uses or has used in concluding and/or performing the agreement.
4. These terms and conditions apply with exclusion and express rejection of any terms and conditions used by the customer, unless the parties have expressly agreed otherwise in writing.
5. If the sailing trip does not include an overnight stay or lasts less than 24 hours or is offered incidentally without profit to a limited group of customers, Articles 13 and 14 and the provisions of the Standard Information Form Package Travel are not applicable.

Article 3 – The offer

A general offer from the entrepreneur in the form of leaflets, advertisements or websites is non-binding and must be understood as an invitation to negotiate.
The entrepreneur provides the individual offer in writing or electronically.
The written or electronic offer is dated and is irrevocable for the specified period or, in the absence of a period, for 14 days after the date.
The offer includes at least:

• the nature, content, and scope of the services to be provided by the entrepreneur;
• the total price of the boat trip, for individual bookings per person and for group bookings per group, and the percentage that must be paid in advance;
• the method and terms of payment;
• the date and time of embarkation and disembarkation.
• the maximum number of guests per ship;
• for individual bookings, the reservation of cancellation by the entrepreneur (plus the period within which) if the required minimum number of registrations is not reached.
• a copy of these general terms and conditions, if not already provided.
• the legal Standard Information Form for Package Travel

Article 4 – Agreement
1. The agreement is concluded by acceptance of the offer. In case of electronic order, the entrepreneur sends an electronic confirmation to the customer.
2. The agreements are recorded in writing or electronically.
3. A copy of a written agreement must be provided to the customer.

Article 5 – Payment terms

Payment must be made as described in the reservation agreement.
If the customer fails to pay on time, he will be legally in default without any notice of default being required. Nevertheless, after the payment date has passed, the entrepreneur will send a free payment reminder, in which he informs the customer of his default and gives him the opportunity to pay within 14 days of receipt of this payment reminder, stating the extrajudicial collection costs due to non-payment within the aforementioned period.
After the 14-day period referred to in paragraph 1 has expired, the entrepreneur is authorized to proceed with collection without further notice of default of the amount owed to him. If the entrepreneur does so, the extrajudicial costs associated therewith shall be borne by the customer to a reasonable extent. The entrepreneur may charge a maximum of the collection costs listed below.
Principal sum Percentage at most Compensation collection costs: (subject to legal changes)
On the first € 2,500.00: 15% Minimum € 40.00
On the next € 2,500.00: 10%
On the next € 5,000.00: 5%
On the next €190,000.00: 1%
On the excess: 0.5% Maximum € 6,775.00

Article 6 – Cancellation

If the customer wants to cancel the agreement, he must inform the entrepreneur of this in writing or electronically as soon as possible. The date of receipt by the entrepreneur is considered the date of cancellation.
In case of cancellation, the customer owes the entrepreneur a fixed compensation of a percentage of the agreed price, namely: Compensation ship: 15% in case of cancellation up to 6 months before departure;
20% in case of cancellation up to 5 months before departure;
30% in case of cancellation up to 4 months before departure;
40% in case of cancellation up to 3 months before departure;
50% in case of cancellation up to 2 months before departure;
75% in case of cancellation up to 1 month before departure;
90% in case of cancellation up to 1 day before departure;
100% in case of cancellation on the day of departure.
Compensation catering and other services:
15% in case of cancellation up to 2 months before departure;
25% in case of cancellation up to 1 month before departure;
50% in case of cancellation up to 2 weeks before departure;
75% in case of cancellation up to 1 week before departure;
95% in case of cancellation up to and including 1 day before departure;
100% in case of cancellation on the day of departure.
The customer can request a replacement up to 7 days before departure. The person replacing the customer must meet all the conditions attached to the agreement. The customer and the person replacing him are jointly and severally liable for payment of the still outstanding price of the boat trip, the modification costs of €50.00 and any additional costs.
The customer who cancels the agreement is obliged to pay the cancellation costs in accordance with the provisions of the previous paragraphs, unless the actual damage is demonstrably 15% higher or lower than the fixed amount, in which case the customer is liable for the demonstrably higher or lower amount. This amount cannot exceed the maximum price of the agreement. Loss and lost profit are considered damages.
The entrepreneur can cancel the agreement if he is unable to perform the agreement due to unavoidable and extraordinary circumstances and he notifies the customer of this directly and before the start of the boat trip.
The entrepreneur can terminate the agreement within the term stated in the offer in case the number of registrations is smaller than the minimum number of participants stated prior to the booking.
In the cases mentioned in paragraphs 6 and 7 above, the entrepreneur will fully refund all amounts already paid by the customer for the boat trip without being liable for compensation.

Article 7 – Rights and obligations of the proprietor 1. The proprietor guarantees that the vessel and crew comply with the statutory regulations and are equipped with at least proper safety equipment.
2. The sailing route is determined by the entrepreneur and/or the captain in consultation with the client, unless otherwise agreed.
3. At all times, the entrepreneur and/or captain is authorized to change the sailing trip on the basis of (expected) nautical and/or meteorological grounds. This includes changing the place of departure and/or arrival and temporarily not sailing. Nautical and/or meteorological reasons are understood to include weather conditions, tide, blockage of waterways and the condition of the ship.
4. In the cases mentioned in the previous paragraph, the entrepreneur and/or captain will try to find another solution in consultation with the client. Any additional costs, insofar as reasonable, shall be borne by the client. The entrepreneur and/or captain decides whether the chosen solution is reasonably practicable.
5. In the unlikely event that the agreed vessel and/or captain is/are not available, the entrepreneur is entitled to deploy an equivalent other vessel and/or another captain. If this is not possible and the non-availability is the result of a cause that a careful entrepreneur could not have prevented, the entrepreneur is entitled to dissolve the contract.
6. The proprietor can increase the price up to twenty days before the start of the cruise in connection with changes in the cost of transport (including fuel costs) or the taxes and levies payable. When this provision is applied, the proprietor shall indicate how the increase has been calculated. If the increase is more than 8%, the client has the right to cancel the contract free of charge within ten days of receiving this written notice.
7. If the costs referred to in the previous paragraph decrease after the conclusion of the agreement and before the start of the trip, the customer is entitled to a price reduction. In this case, the entrepreneur is entitled to deduct incurred administrative costs from the refund.
8. The entrepreneur can cancel the agreement within the period stated in the offer in case the number of registrations is less than the required minimum number of participants announced prior to booking.
9. The entrepreneur reminds the customer of the obligation of article 8 paragraph 9.
10. The entrepreneur makes arrangements with the client regarding the payment of port, bridge, lock and pilotage dues, local taxes and other charges such as tourist tax and fuel costs.
11. If, due to unavoidable and extraordinary circumstances, the return of the customer and/or guests cannot be ensured as agreed in the contract, the cost of the necessary accommodation for up to three nights per customer/guest shall be borne by the entrepreneur.

Article 8 – rights and obligations of the customer.
1. The client is obliged to provide the entrepreneur or his representative with a list of the names of the guests including telephone numbers of contact persons no later than the start of the cruise.
2. At the end of the agreed sailing period, the client must ensure that the vessel is in the same condition as at the commencement of the agreed sailing period insofar as this lies within his sphere of influence.
3. If the client has not acted in accordance with the provisions of the previous paragraph, then the proprietor is entitled to restore the vessel to the condition it was in at the start of the agreed sailing period, at the client’s expense. The latter does not apply if the aforementioned costs are covered by insurance.
4. The client and his guests must follow the instructions of the entrepreneur and/or captain and/or other crew members at all times. This applies in particular with regard to regulations and instructions which are in the interests of order and safety.
5. The client provides the captain and any crew present, free of charge, the opportunity to make use of the catering present on board. If catering is not provided on board, the hire price will include an amount for catering for the captain and crew.
6. The luggage of the client and his guests must be of such size and be placed in such a way that it does not cause inconvenience. This is at the discretion of the captain. Permitted luggage includes hand-carried normally required articles for personal use of the customer and/or guest, not being food and/or beverages, which a customer and/or guest can carry as conveniently at one time; packed in suitcases, bags, duffel bags and/or backpacks.
7. Bringing or having dangerous substances, weapons, drugs or contraband on board by the customer and/or guests is prohibited.
8. Bringing or having pets on board without express prior permission is prohibited.
9. The client shall draw his guests’ attention to the provisions of these terms and conditions applicable to them.

Article 9 – Nonconformity

1. If one or more services are not performed in accordance with the contract, the entrepreneur shall ensure that the non-conformity is remedied, unless that:
a. is impossible; or
b. involves disproportionately high costs, taking into account the degree of non-conformity and the value of the services in question.
2. The consumer must immediately notify the entrepreneur of the non-conformity.

Article 10 – Dissolution and suspension1. If one of the parties fails to comply with its obligation under the agreement, the other party shall be entitled to suspend the corresponding obligation or to dissolve the agreement, unless the failure, in view of its special nature or minor importance, does not justify the suspension or dissolution.
2. Dissolution of the agreement shall in any case be possible if;
– the other party becomes bankrupt, is granted suspension of payment, is subject to debt restructuring, or is placed under guardianship;
– the other party does not comply with his obligations under the agreement within 14 days after having been put in default in writing.
– by the entrepreneur if there is a situation as mentioned in article 8 section 4, 6,7 or 8.
– the vessel in question is not available due to unforeseen circumstances and it is not possible to offer another comparable vessel in time despite the entrepreneur making sufficient effort.
– by the entrepreneur if, within the period stated in the offer, the number of registrations is less than the required minimum number of participants announced prior to the booking.
3. Termination or dissolution shall be in writing, stating the grounds on which it is based. The agreement is deemed to have been dissolved extrajudicially after the cancellation letter has been received, but in any case 5 days after the cancellation letter has been sent.
4. If the cause of the cancellation or dissolution can be attributed to the customer and or guests, the resulting damage shall be borne by the customer.
5. In the event of dissolution by the entrepreneur, the client can claim compensation for any damage suffered by him, unless the shortcoming cannot be attributed to the entrepreneur. This compensation is limited to the agreed price for the cruise.

Article 11 – Liability.
1. The entrepreneur’s liability for damage is limited to three times the amount of the cruise unless there is personal injury or the damage is caused by deliberate or negligent acts of the entrepreneur.
2. If a Convention or Regulation is applicable to a service provided, the proprietor can invoke the exclusion or limitation of his liability contained therein.
3. The limitation period for filing a claim for damages is two years.
4. The entrepreneur shall not be liable if the customer/guest has been able to recover his damage on the basis of an insurance policy taken out by him.
5. If the entrepreneur proves that fault or negligence on the part of the customer and/or guest caused or contributed to the damage, the entrepreneur’s liability is thereby wholly or partially removed.
6. The proprietor is not liable for loss of or damage to luggage or possessions (including cash, jewelry, electronic equipment or other valuables) if this is the result of insufficient care on the part of the client, which includes leaving valuables unattended on or in the vessel.
7. The client is liable for damage caused by him and/or by guests/visitors staying on board the vessel at his invitation, unless the damage is attributable to the acts or omissions of the entrepreneur and/or the captain.
8. The proprietor is not liable for damage caused by delay, deviation from the agreed starting and/or finishing time or the provision of a replacement vessel because the agreed vessel is not available due to unforeseen circumstances.

Article 12 – Force majeure
1. Force majeure means every unforeseeable circumstance as a result of which the implementation of the contract is delayed or prevented, insofar as this circumstance cannot be avoided by the proprietor and insofar as it should not be for his account under the law, the contract or social views.
2. Force majeure is also understood to mean damage to the vessel that results in the vessel no longer being deployable for the agreed purpose and the damage cannot be attributed to circumstances that the proprietor could or should have been able to foresee or prevent.
3. If the captain is of the opinion that, in view of the weather conditions, whether or not in combination with the nature of the vessel and the group of persons on board, it is not responsible to carry out a voyage, this shall also count as force majeure.
4. After dissolution of the contract on grounds of force majeure, the entrepreneur is entitled to reimbursement of the costs incurred by him insofar as these were incurred before the force majeure situation that led to dissolution of the contract and insofar as this benefits the client.

Article 13 – Help and assistance
The entrepreneur is obliged to provide help and assistance to the customer and guests if they are in difficulty. If the cause is attributable to the customer and/or guests, the costs of such assistance shall be borne by the customer and/or guests.

Article 14 – Insolvency
The proprietor takes the measures necessary to ensure that, if he cannot or cannot any longer fulfil his obligations to the client due to financial insolvency, either his obligations are taken over by another party or that the amount of the cruise, or, if the cruise has already been partly completed, a proportional part thereof, is repaid. Where appropriate, the entrepreneur shall also provide for the repatriation of the client and guests.

Article 15 – Complaints
1. Complaints about the execution of the agreement must be reported on the spot as soon as possible, so that a solution can be sought. Should this not lead to a satisfactory result or should the complaint only be discovered after the cruise, then the complaint should be brought to the attention of the proprietor in writing or by e-mail and properly described and explained, within a reasonable time after discovery.
2. Complaints about invoices should be submitted to the proprietor, preferably in writing and adequately described and explained, within a reasonable time after receipt of the invoice in question.
3. Not submitting the complaint in time may result in the client losing his rights in the matter, unless the exceeding of the term cannot reasonably be held against the consumer.
4. If it has become clear that the complaint cannot be resolved by mutual agreement, there is a dispute.

Article 16 – Disputes and choice of forum
Dutch law applies to all disputes relating to this agreement, unless other national law applies on the basis of mandatory rules.

Package Travel Information.
The combination of travel services offered to you is a package trip within the meaning of Directive (EU) 2015/2302. Consequently, you are entitled to all EU rights applicable to package tours.

Ship Josefien is fully responsible for the proper execution of the entire package tour.
Ship Josefien also has the legally required protection to reimburse you and, if transportation is included in the package tour, to repatriate you in the event she becomes/is insolvent.

Basic rights under Directive (EU) 2015/2302

Before concluding the package travel contract, the traveler will receive all essential information about the package travel.
Liability for the proper performance of all travel services included in the contract shall always rest with at least one trader.
The traveler will be given an emergency telephone number or details of a contact point through which he can contact the organizer or travel agent.
The traveler may transfer the package tour to another person, subject to a reasonable period of time and, if necessary, upon payment of additional costs.
The price of the package trip can be increased only if specific costs increase (e.g. fuel prices), if this is expressly included in the contract, and in any case no later than 20 days before the start of the package trip. If the price increase exceeds 8% of the package tour price, the traveler may terminate the contract. If the organizer reserves the right to a price increase, the traveler is entitled to a price reduction if the relevant costs would decrease.
If any of the essential elements of the package trip, except the price, is significantly changed, the traveler may terminate the contract without payment of a termination fee and shall receive a full refund. If the merchant responsible for the package tour cancels the package tour before the start of the package tour, the traveler is entitled to a refund and, if appropriate, compensation.
The traveler may terminate the contract without payment of a termination fee before the start of the package tour in exceptional circumstances, for example when there are serious security problems at the destination that are likely to affect the package tour.
In addition, the traveler may terminate the contract at any time before the start of the package tour upon payment of an appropriate and justified termination fee.
If, after the start of the package tour, significant elements of the package tour cannot be delivered as agreed, a suitable alternative arrangement must be offered to the traveler at no additional cost. If the services are not performed according to the contract and this significantly affects the performance of the package tour and the organizer has not remedied this problem, the traveler may terminate the package tour contract without payment of a termination fee.
In case of travel services not performed or not properly performed, the traveler is also entitled to a price reduction and/or compensation.
The organizer is obliged to provide assistance to travelers who are in difficulty.

If the insolvency of the organizer or, if applicable, the reseller occurs after the start of the package tour and transportation is included in the package tour, repatriation of the traveler will be provided. Ship Josefien has secured insolvency protection from STO-Garant. If services are not provided due to the insolvency of Ship Josefien, travelers can contact this entity or, where appropriate, the competent authority.
Sto Garant, torenallee 20, 5617 BC Eindhoven, +31 (0)85 130 29 43
Directive (EU) 2015/2302, as transposed into national law through Title 7a of Book 7 Civil Code.

(Version 1 June 2018)