Terms & Conditions

General Terms and Condition

This page outlines the rules, responsibilities, and agreements that apply when booking or engaging with our private cruises and events.

General Terms and Conditions of Amsterdam Sailors

Established in Amsterdam at Oudezijds Voorburgwal 175, 1012 EV Amsterdam, registered with the Chamber of Commerce under number 69423210.

1. Definitions in these General Terms and Conditions shall have the following meanings: 1.1 Services: The services offered and to be provided by Amsterdam Matrozen within the framework of these general terms and conditions concern the offering to the other party / other party of one or more sailing trips with one or more vessels for a number of persons as further described in the agreement concluded between the parties. 1.2 Other party: The party to whom Amsterdam Matrozen has made an offer with whom an agreement has been concluded whereby the persons / passengers for whose benefit the other party has entered into the agreement. 1.3 Contractor: Amsterdam Sailors, which performs work or provides services on behalf of the other party as described above, hereinafter referred to as “Amsterdam Sailors”. 1.4 Assignment or Agreement: assignment on the basis of which the Contractor is to perform work for the Client / Activities for the Client / Work against payment of a fee and costs. The provisions of Articles 7: 404 and 7: 407 paragraph 2 of the Dutch Civil Code do not apply.
2. Applicability of these conditions: 2.1 These conditions apply to all quotations and agreements of Amsterdam Sailors unless otherwise agreed in writing. These conditions are deemed to have been accepted by the other party of Amsterdam Sailors. These conditions can only be deviated from if Amsterdam Sailors confirms this in writing. 2.2 Anyone who participates in the sailing trip offered by Amsterdam Sailors is deemed to have taken note of the content of these general conditions and to agree with them. 2.3 These general conditions are considered to be permanent conditions of Amsterdam Sailors and are deemed to have been declared applicable to (future) follow-up and/or additional offers made on agreements of the formation and/or execution thereof. 2.4 Any general conditions used by the other party are not applicable unless they have been explicitly accepted by Amsterdam Sailors. The signing by Amsterdam Sailors of documents of the other party to which such general conditions have been declared applicable does not constitute written acceptance thereof by Amsterdam Sailors.
3. Offers: 3.1 Unless an explicit term of validity is stated in the offer, all offers from Amsterdam Sailors are without obligation. 3.2 Amsterdam Sailors reserves the right to refuse an order without stating reasons. 3.3 If Amsterdam Sailors, at the request of the other party, has started to execute an offer made by Amsterdam Sailors to the other party in question, the other party is deemed - from the date of execution - to have entered into an agreement with Amsterdam Sailors in full accordance with the recommended offer made by Amsterdam Sailors.
4. Establishment and execution of the agreement: 4.1 The agreement is established by written confirmation by Amsterdam Sailors to the other party that the order has been accepted or by signing the agreement by the other party. In the event of agreement, this can also be achieved verbally: in that case, the establishment of the agreement is evident from the execution by Amsterdam Sailors of the given order and Amsterdam Sailors will confirm the agreement in writing within 2 x 24 hours. 4.2 Amsterdam Sailors determines the manner in which the order is executed within the limits of reasonableness and what has been agreed in writing between the parties. With regard to the (established) activities, Amsterdam Sailors has an obligation to make an effort, unless expressly stated otherwise.
5. Modified execution: If before or during the execution of the agreement it is shown that this of a part thereof on unforeseen circumstances, but that the first time with this circumstance becomes known in consultation with the other party. Amsterdam Sailors judged the other party on the financial consequences.
6. Changes: Changes to the agreement and deviations from these general terms and conditions will only be effective if they have been agreed in writing between the parties. If changes lead to an increase or decrease in costs, any resulting change in price must be agreed in writing between the parties.
7. Cancellation by the other party: 7.1 The other party has the right to cancel an agreement concluded between the parties under the conditions stated below. Cancellation takes place by a written notice sent by registered mail from the other party to Amsterdam Sailors. The cancellation date is the date on which Amsterdam Sailors receives the notice. 7.2 If the other party cancels the agreement less than two months before the cruise, the agreement between the parties is concluded with the understanding that the other party must pay 15% of the invoice amount to Amsterdam Sailors. 7.3 If the other party cancels the agreement less than one month before the cruise, the agreement between the parties is concluded with the understanding that the other party must pay 50% of the invoice amount to Amsterdam Sailors. 7.4 If the other party cancels the agreement less than fourteen days before the cruise, the agreement between the parties is terminated with the understanding that the other party must pay 60% of the invoice amount to Amsterdam Sailors. 7.5 If the other party cancels the agreement less than seven days before the cruise, the agreement between the parties is concluded with the understanding that the other party must pay 75% of the invoice amount to Amsterdam Sailors. 7.6 If the other party cancels the agreement less than 48 hours before the cruise, the agreement between the parties is concluded with the understanding that the other party must pay 100% of the invoice amount to Amsterdam Sailors. 7.7 If the other party cancels the agreement more than two months before the cruise, the agreement between the parties is concluded with the understanding that the other party must pay €75.00 administration costs to Amsterdam Sailors. 7.8 If extreme weather conditions unexpectedly occur, the cruise, excluding any catering costs, can be moved to a new date within 60 days from the sailing date without additional costs.
8. Payment: 8.1 Payment by the other party to Amsterdam Sailors must be made in accordance with the mandatory payment conditions on the invoice and/or confirmation without any settlement or suspension whatsoever. In the absence of such conditions, payment must be made within fourteen days of the invoice date. Payment is made without the other party being allowed to block its payment obligation by attachment under itself or otherwise. If payment is not received within the term, the other party is in default. 8.2 Complaints regarding invoices must be submitted to Amsterdam Sailors in writing and stating reasons within 8 days of the invoice date. 8.3 Amsterdam Sailors is entitled to demand advance payment. 8.4 In the event of payment by bank transfer, the date of payment is the day on which the bank transfer account of Amsterdam Sailors is credited. The receipt issued by Amsterdam Sailors serves as proof and time of payment. 8.5 From the date of default, the other party owes a contractual penalty equal to the statutory (commercial) interest applicable at the time of default. Furthermore, Amsterdam Sailors is then entitled to suspend the execution of the agreement and the other party is obliged to reimburse all costs, both in and out of court, which Amsterdam Sailors must incur as a result of the failure to meet its obligations. 8.6 In the event of a given Order, all Clients are jointly and severally liable for the payment of the full invoice amount.
9. Costs in case of non-payment or late payment: 9.1 All costs incurred by Amsterdam Sailors to enforce their rights, including all extrajudicial and judicial costs in case of the involvement of an authorized representative, lawyer or bailiff, shall be borne by the other party. 9.2 The extrajudicial costs amount to at least 15% (excluding VAT) of the amount to be claimed, whereby for consumers as referred to in the Extrajudicial Collection Costs Standardization Act a minimum of € 40, - (excluding VAT) applies per claim. The Extrajudicial Collection Costs Standardization Act applies a minimum of € 150, - per claim. All costs associated with judicial collection shall be borne by the other party included in the judicial execution. 9.3 Amsterdam Sailors shall have the right, without prejudice to its other rights under the terms and conditions and/or the law, towards the other party who has not paid on time: To demand immediate payment in respect of the other party and/or security for the payment for all current agreements; to suspend its performance(s), also under other agreements with the other party, without prejudice to its right to demand actual or subsequent security for payment; to dissolve the relevant agreement in whole or insofar as not performed by a written statement originating from Amsterdam Sailors; to dissolve one, more or all current agreements, in respect of which the other party is not in default, in whole or insofar as not performed by a written statement originating from Amsterdam Sailors. To demand payment in one go of the entire amount if payment in instalments is stated 9.4 Except in the event of use of the right of dissolution, Amsterdam Sailors may at any time change its choice from the rights in this article.
10. The Price: 10.1 All prices and rates are exclusive of VAT and any other levies imposed by the government. All prices are based on the circumstances that apply ten times after the conclusion of the agreements. If the circumstances as referred to in article 10.1 change after the conclusion of the agreement, Amsterdam Zeilers is entitled to increase or decrease the prices by the amount by which our costs have increased or decreased, stating the resulting additional or reduced costs. The circumstances referred to include, among other things: taxes at home or abroad, wage, price and exchange rate changes.
11. Confidential information: Parties mutually undertake to maintain confidentiality of confidential information of the other party. Each party shall take all reasonable precautions, believes that these can be fulfilled as well as possible.
12. Cooperation of the other party: 12.1 The other party will increasingly provide Amsterdam Sailors with all recommended information. 12.2 If information relevant to the execution of the agreement is not, not timely or not in accordance with the agreements made available to Amsterdam Sailors, or if the other party otherwise fails to meet its obligations towards Amsterdam Sailors, this may lead to suspension of the fulfillment of the obligations of Amsterdam Sailors and additional costs may be charged to the other party. 12.3 The other party must immediately follow the instructions of (the employees of) Amsterdam Sailors. Access to the boat and jetties may be refused by Amsterdam Sailors without stating reasons, if this is deemed necessary in connection with, among other things, safety and public order. 12.4 The starting time of the sailing trip cannot be deviated from. The boat departs at the set time. The failure of some of the passengers to be present on time is at the expense and risk of the other party. At the express request of the other party, to be confirmed in writing, it is possible to wait until all passengers are present. Deviations from the set departure time are entirely at the expense and risk of the other party. The duration of the boat trip will then be shortened by as much as the delay lasted. Other parts of the trip may be changed/shortened or cancelled entirely as a result of this delay.
13. Complaints: 13.1 Complaints are understood to mean all letters from the other party regarding the performance of the agreement by Amsterdam Sailors. 13.2 Complaints can only be made if they are submitted in writing and with reasons within 8 working days after the services / performances provided by Amsterdam Sailors, without prejudice to the provisions of the following articles. 13.3 Minor consequences in or during the performance of the agreement that are considered to be influenceable in daily traffic cannot constitute grounds for complaints. 13.4 Submitting a complaint does not suspend the payment obligation of the other party. 13.5 If the other party has not submitted a complaint within the set terms, the other party is deemed to have approved the services provided and / or the invoices.
14. Liability for damages: 14.1 Amsterdam Sailors is not liable for damages resulting from defective or untimely performance of the agreement, nor is it liable for any other, direct and/or indirect damage, including damage (damage), of the other party, unless such damage is due to gross negligence, recklessness or intent. 14.2 In all cases in which Amsterdam Sailors is obliged to pay any compensation, this will in no case exceed the amount of the amounts invoiced and invoiceable by Amsterdam Sailors to the other party under the relevant agreement (excluding VAT). 14.3 After the complaint period as referred to in article 13, Amsterdam Sailors is no longer liable for its shortcomings, unless a written guarantee applies. 14.4 The other party's claim for compensation for its damages shall lapse and is therefore inadmissible if it is instituted after one year has elapsed after performance of the agreement. The other party indemnifies Amsterdam Sailors against damages that third parties may suffer in the performance of the agreement between the parties. 14.5 The counterparty is responsible and liable for the conduct of the passengers brought on board by the door. The counterparty must take out the necessary insurance at its own risk. 14.6 The counterparty is liable for the loss and/or damage of property and possessions of Amsterdam Sailors for whatever reason. The counterparty is also liable for damage caused by the passengers to the staff or property and possessions of the staff of Amsterdam Sailors by third parties engaged by it, unless there is gross negligence on the part of the persons concerned. 14.7 The counterparty is obliged to report damage to the skipper on duty immediately after it occurs, but no later than before the end of the voyage. The skipper will draw up a damage declaration of the time, nature and cause of the damage reported by the counterparty. This will be signed by the counterparty before leaving the boat. The drawing up of the said damage declaration by the skipper on duty does not in any way mean that Amsterdam Sailors must be held in any way recognized to prevent the occurrence of the reported damage or the possible resulting financial consequences of otherwise. The recording is intended solely as a report.
15. Force Majeure: 15.1 Neither party shall be obliged to fulfil any obligation if it is prevented from doing so as a result of a circumstance that is not its fault, nor is attributable to its account under law, legal act or generally accepted views, such as storm damage, natural disasters, obstruction by third parties, obstructive measures by any government, war, strike, fire, disruptions and accidents in the business of third parties, prohibited shortcomings of force majeure of suppliers of third parties whose services Amsterdam Sailors uses. 15.2 In the event of force majeure or other circumstances of a nature that are encountered such that (further) fulfilment of the agreement cannot reasonably be required, the performance of the agreement will be suspended or, if a corrected event has continued uninterruptedly for three months or as soon as it is established that it will last longer than three months, the other party may terminate the agreement in whole or in part with immediate effect without judicial intervention by means of a registered letter to the one party. This right to terminate shall lapse if, before use has been made, the obligation, the fulfillment of which was temporarily prevented by force majeure, is still fulfilled. 15.3 In the event of termination of the agreement due to force majeure, the obligations from the termination agreement shall be taken on, with the understanding that if the agreement has not been partially fulfilled by Amsterdam Sailors, the other party shall owe Amsterdam Sailors a proportionate part of the price. 15.4 In the event of force majeure, the parties cannot claim damages from each other.
16. Suspension and termination: 16.1 If, in the opinion of Amsterdam Sailors, the creditworthiness of the other party gives rise to this, Amsterdam Sailors may at any time request additional security or advance payment, whereby Amsterdam Sailors has the right to suspend the performance of the agreement. 16.2 If the other party fails to fulfil one or more of its obligations, fails to fulfil them on time or fails to fulfil them properly, applies for a moratorium on payments, is declared bankrupt, its assets are seized in whole or in part and/or the other party loses all or part of its assets, Amsterdam Sailors has the right to suspend the performance of the agreement or to dissolve it by means of a written statement, all at its discretion and without prejudice to any right to compensation for costs, interest and interest to which it is entitled. 16.3 If Amsterdam Sailors uses its services as referred to in the previous paragraph to suspend the performance of the agreement, this shall not affect the obligation of the other party to pay the compensation agreed with Amsterdam Sailors during the period that Amsterdam Sailors has suspended the performance of its obligations. 16.4 An agreement may only be terminated by the other party if Amsterdam Sailors, after proper written notice of default in which a reasonable period is granted to still meet its obligations, continues to be culpably in breach of its obligations under the agreement and that the other party cannot reasonably be expected to maintain the agreement. 16.5 Termination may only take place by registered letter to the other party; judicial intervention is not required. If the other party has not received any services for the performance of the agreement at the time of termination of the agreement, it may only partially terminate the agreement and then only for that part that has not yet been performed by Amsterdam Sailors. Amounts invoiced by Amsterdam Matrozen prior to the dissolution in connection with what it has done or delivered in execution of the agreement remain payable in full and become immediately due and payable at the time of dissolution.
17. Evidence: Unless proven otherwise, the administrative data of Amsterdam Sailors shall be decisive with regard to agreements to which these conditions apply and the agreements resulting therefrom.
18. Applicable law and disputes: Dutch law applies to these general terms and conditions and to all agreements entered into by Amsterdam Sailors based on them. All disputes that may arise with regard to the interpretation of the execution of these terms and conditions of agreements will be exclusively accepted by the competent court of the defendant's place of residence. Amsterdam, September 1, 2019 Amsterdam Sailors