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Delivery conditions Shipping Company Loosdrecht |
GENERAL CONDITIONS OF BBZ / TCN (Belangenvereniging Action Zeilschip press. Motor Chartervaart Netherlands, Stichting Traditional Chartervaart Netherlands)
Article 1. DefinitiesIn these general conditions, and in the related Agreement, the term:
• a. Loosdrecht Company: The owner of the Vessel • b. Customer: Any (legal) person with a Billing Company Loosdrecht / closes Agreement. • c. Agreement: Each Invoice / Agreement between Company and the Buyer Loosdrecht is created, and any amendment or supplement thereto, the Company Loosdrecht opposite the customer connects to board his ship and take a cruise to which these Conditions apply be. • d. Guest: Any (legal) person who is authorized by Customer to use the services of Company Loosdrecht. • e. Cruise: All of sail and stay on board the ship during the Invoice / Agreement specified period. • f. Luggage: The luggage, which the guest as easy to implement, portable or mobile business at hand or with him. • g. Ship: The Ship which is specified in the Invoice / Agreement. • h. Price: Price for the trip under the Invoice / Agreement. Article 2. Applicability
2.1 These conditions are part of any Invoice / Agreements. These conditions also apply to all pre-contractual relationships between Company and Customer Loosdrecht from the time Company Loosdrecht handed it to the Buyer and the Buyer has made against implementation of these conditions within 7 days thereafter has protested.
2.2 Departure general apply only if expressly accepted in writing by Company Loosdrecht and apply only to the relevant Invoice / Agreement (s).
2.3 Changes and additions to any provision in the Invoice / Agreement and these terms are only valid if agreed in writing.
2.4 The Invoice / Agreement and these terms represent the entire content of the rights and obligations of Company and Customer Loosdrecht.
2.5 In case of conflict between this text and one in a different language version of these conditions prevail, the Dutch text.
2.6 If any provision of these terms for any reason is invalid, the other conditions remain in force. The valid provision will not be replaced by a provision that the non valid in content provision as closely as possible.
2.7 The Customer is the party of Company Loosdrecht. These conditions are also in force between Company Loosdrecht and guests who are not parties to the Invoice / Loosdrecht Agreement between Company and the Buyer. The Customer Is this strong. The Customer shall indemnify Company against all claims Loosdrecht, Loosdrecht Company against those guys make, and another where a liability of Company Loosdrecht would be excluded if the Guest to these conditions would be.
2.8 These conditions are to also cover all natural and legal persons, which Rederij Loosdrecht, in the broadest sense, uses or has used in concluding and / or execution of the Invoice / Agreement or in running its business.
2.9 In case of differences between the Invoice / Agreement and these Conditions, the provisions of the Billing / agreement prevail.
Article 3 Liability Company Loosdrecht
3.1 The damages which Company may Loosdrecht is payable on death or injury of persons under Section 3 of Title 10 of Book 8 of the Civil Code, is limited to an amount of 137,000 EU per guest. In the event that compensation is provided in the form of an interest, the amount capitalized an amount of EU 137.000, - per guest not to exceed.
3.2 The damages which Company may Loosdrecht payable in case of loss or damage to Baggage is limited to EU in 1000, -. Damage to Baggage is limited to the current value of the Baggage. Loosdrecht company is never liable for immaterial damages, indirect or consequential damages resulting from loss or damage to Baggage.
3.3 Company Loosdrecht is not liable for damages caused by delay (by any cause and who, during or after transport has occurred) or any deviation from the agreed start and end times also.
3.4 Company Loosdrecht is in respect of matters brought by guests on board that he, if he had known of their nature or condition, not on board would have allowed no compensation payable if the guest knew or should have known that things are Loosdrecht Company board would have accepted, then the guest is liable for all costs and damages to Loosdrecht Company arising from the market or have on board.
3.5 Subject to Article 6:107 BW has happened in case of injury to guests only concerned themselves a claim for damages Guest. Subject to Article 6:108 BW have only the remaining spouse, children or parents of the guest, who through his work be used to maintain a claim for damages. The claims referred to in this section are valued according to the mutual position and fortune of individuals.
3.6 If Company Loosdrecht proves that fault or negligence of the Guest the damage caused or contributed to, the liability of Company Loosdrecht it fully or partially lifted.
3.7 If individuals, whose assistance Loosdrecht Company in implementing its commitment using, at the request of customer service and guest certificates, which Loosdrecht Company is not required, they're regarded as acting on behalf of Customer and / or Guests those to whom it useful.
3.8 Purchaser shall waive its right to setoff.
3.9 If a dispute arises in settlement over the outstanding amount or the determination of one not soon to perform calculations needed, the recipient is obliged hetgedeelte on which the parties agree, to comply immediately and to pay the disputed part by Buyer or of the part, which bedragnog not established to provide security.
Article 4 Liability Customer and Guests
4.1 If the Customer or their guests or damage to Baggage Company Loosdrecht cause its Customer and Guest jointly Company to pay such damages to Loosdrecht compensate. This applies to damage to the ship for damage to the goods contained therein and / or persons for damages that Customer and / or the guests or their luggage to cause the goods and / or persons who are not in or on the ship, if Loosdrecht Company to make good such damage is addressed.
4.2 The customer may not own liability from Guests professions.
4.3 This article is without prejudice to other / additional duties, with third parties including, of Company Loosdrecht.
Article 5. Company Obligations Loosdrecht
5.1 The ship and the crew meet the legal requirements.
5.2 Taken under the Convention rests on Company Loosdrecht a commitment to carry out the trip.
5.3 The route is Loosdrecht by the Company in consultation with the client.
5.4 For all times is Loosdrecht Company and / or the captain, to find that the weather conditions, high or low water, the sea lanes are blocked and comparable circumstances, including those relating to the ship, would not allow the sail to the need make the trip to change, in the broadest sense, or to break off or the place of departure or arrival to change.
5.5 In these cases Loosdrecht Company will seek to cooperate with an alternative or solution. This fee by Customer of all additional costs will have to make this Company Loosdrecht. It is the opinion of Company Loosdrecht to decide whether an alternative to solution is feasible and can reasonably be performed by Company Loosdrecht.
5.6 The provisions of this article shall also apply in the event that Company Loosdrecht and / or the captain of the one above make decisions as a result of the acts or omissions of (one of) the guests, in the event of delayed transport any cause whatsoever and in the event the Company with the Customer Loosdrecht agreed place of departure or arrival can not reach.
5.7 If the Vessel unfortunately not available, Company Loosdrecht a similar endeavor to put in another vessel. Should this not be possible, Loosdrecht Company is entitled to terminate the Agreement. If the unavailability of the Vessel not due to intent or fault of Company Loosdrecht, Loosdrecht Company shall not compensate or refund to the Buyer and / or the Guest due. In all other cases, the possible liability of the Company Loosdrecht limited to the Customer under the Agreement paid.
Article 6. Customer Obligations and Guests.
6.1 The ship is at the beginning of the cruise and clean with a complete inventory yielded. By the day of disembarkation leave the customer behind Ship in the state he found during loading, that is clean and complete inventory, unless otherwise agreed.
6.2 Customer and guests, the government and by or on behalf of Company and Captain Loosdrecht set rules or instructions, especially but not exclusively in the interests of order and security are given strictly follow. Failure to follow the rules or instructions as provided here, Loosdrecht Company is entitled to fulfill its obligations to suspend, or terminate the agreement.
6.3 The Purchaser and Guests may not bring on board other issues than Baggage.
6.4 Customer luggage and guests must not cause nuisance. In any case, the customer enrollment and dangerous substances in the broadest sense of the word with them at all, either drugs or contraband on board to bring. Furthermore, it is not allowed without prior permission (home) animals on board the ship.
6.5 The Customer is the Company held on the day of arrival Loosdrecht a list of the names of the guests at hand.
Article 7. Suspension Right Company Loosdrecht.
7.1 Nothing, improper or late performance by or on behalf of the Customer of its obligations, under all circumstances the Company Loosdrecht its legal obligations under the Agreement immediately suspend while maintaining all its other rights against the Buyer, Limitation of Liability Company of Loosdrecht for damage included.
7.2 In this suspension right includes the right of Company or Customer Loosdrecht to some of the guests access to the Ship to refuse.
7.3 Failure, improper or late performance by or on behalf of the Customer of these obligations, followed by use of or recourse to the suspension straight Company Loosdrecht, Loosdrecht Company shall in any case against the Buyer the right to payment of the agreed requirements and does not affect other / additional duties, which Loosdrecht Company against the Buyer in respect of (this) default under such conditions and / or general contract law can exercise.
Article 8. Other rights Loosdrecht Company.
Access to the ship and the cruise and catering services / catering, may be refused by Company Loosdrecht if necessary, in relation to the capacity, safety, public order, imminent harm or inconvenience, or in cases of outstanding claims from the past, this without prejudice to other clauses in these conditions and maintaining some of its other rights against the Customer, Company Loosdrecht exclusion of liability for damage included.
Article 9. Payment Terms.
9.1 Unless otherwise agreed, the food for the captain and crew for overnight trips on behalf of the Buyer.
9.2 Unless otherwise agreed, the price includes port, bridge, lock and shed funds and local taxes such as tax and fuel costs. These costs should not in the Agreement on board are met.
9.3 The Customer will be charged to him in amounts that the currency specified in the Agreement to the Company Loosdrecht pay within limits set in the Agreement without any discount, deduction or set off. The customer never has the right to suspend his payment. The bank statements of the Company Loosdrecht value date is declared as the day of payment.
9.4 All prices and rates are exclusive of VAT and other levies imposed by the government. All prices are based on the circumstances at the time of the conclusion of the Agreement. If these circumstances change after the conclusion of the contract is entitled Loosdrecht Company specifying the resulting more or less the cost agreed to raise prices or reduce the amount by which our expenses have increased or decreased. Under such circumstances include included: taxes at home or abroad, wages, prices and exchange rate changes.
9.5 Payment must be made within the specified deadlines. Failing this, the Customer is legally in default. From the date of default, the other party a contractual interest rate of 2% per month with a part of the month as a full month is counted. Furthermore Loosdrecht Company then entitled to implement the agreement to suspend the Customer's account and all costs, both in and out of court, the Company must make Loosdrecht due to default on its obligations to reimburse the Buyer. Just Once conservation Loosdrecht Company in this case the customer the right to access the Ship / Ships and location of the refuse, subject to the Company Loosdrecht right to full compensation under the Act.
9.6 All costs of collection payable by the Customer, judicial and extrajudicial costs are borne by the Buyer.
Company is only a 9.7 Loosdrecht agreement with the Customer as 50% of the invoice amount as payment is received. The customer is obliged to within 7 days before the trip the other 50% of the invoice amount paid to have. In breach of such payments by Buyer Loosdrecht Company is entitled to access to the ship to customers and to deny his or her guests and the cruise not to let go. Which is consistent with Article 7. Suspension Right Company Loosdrecht.
Article 10 Complaints.
10.1 Complaints about bills 14 days after invoice date should be submitted.
10.2 The Customer and / or Guest be held any complaints about the implementation of the Agreement immediately (during operations) to Company Loosdrecht and / or appropriate staff on site to communicate, so Loosdrecht Company will have the opportunity measures take to rectify legitimate complaints.
Article 11 Cancellation.
11.1 In the event of full cancellation by the Customer, the Customer to Company Loosdrecht an amount payable according to the following table. The period of payment of the invoice is then deemed to commence 1 days after the cancellation:
• Price ship / ship, price and other services catering after booking 15% • 24.12% 20 months before departure • 12.8 months before departure 30% • 8.6 months before departure 40% • 6.4 months before departure 50% • 4.1 months before departure 75% • 1 months -1 days 90% • to departure 100% 11.2 Cancellation on the part of the catering for an agreed number of guests can be written to only 7 days before the event with a bandwidth of up to 10% of the agreed number of guests.
11.3 Cancellation must always writing with proof of delivery to be made, the Company received by Loosdrecht should be confirmed. The date of receipt by Company Loosdrecht is regarded as the date of cancellation.
Article 12 Dissolution.
12.1 If the Buyer:
a. his own bankruptcy, is declared bankrupt, estate, goes to an application for suspension of payment, seizure of all or a portion of its assets and is not placed within 10dagen after the attachment is removed or below ward of court, or
b. a decision to and / or goes on strike or transfers his company or a significant part thereof, including the entry of his company in a terichten or existing company, or proceeds to change the objective of his company, or
c. only by force of law or contractual conditions to fulfill its obligation to Loosdrecht Company after written notice or not wholly fulfilled;
d. fails an invoice amount or a portion thereof within the prescribed period to comply, the Customer shall automatically be deemed in default and the remaining debt will be due immediately.
Company Loosdrecht was 12.2 in the previous paragraph in the cases he mentioned, without being liable for compensation and without prejudice to its other rights, including rights in relation to already expired penalties, interest and right to compensation, and without notice or judicial intervention is so requires:
a. Agreement in whole or in part dissolved due to this effect a written notice to the Buyer and / or
b. only by the Customer to Company Loosdrecht amount due in full immediately to demand and / or
c. before the Agreement shall continue to meet the customer assurance for (timely) performance of its payment.
12.3 If the Company Loosdrecht to decompose the Purchaser as liquidated damages due the price or the amount of actual damages if it is greater.
Article 13 Force majeure.
If Company Loosdrecht force majeure of a permanent or temporary prevented the agreement (below) to carry out Loosdrecht Company is entitled, without any obligation to compensation the Agreement by notification to that effect without judicial intervention wholly or partially dissolve, subject to the law of Loosdrecht company on payment by the Buyer for existing services provided by Company Loosdrecht, before the existence of force majeure, or the (further) implementation of the Agreement entirely partial schorten.Rederij Loosdrecht, the Customer as soon as possible a situation of force majeure to know. In case of suspension will still be entitled Loosdrecht Company Agreement in whole or in part, explain dissolved.
Article 14 Applicable law.
14.1 The Agreement and these general conditions, the Dutch law.
14.2 All disputes shall be submitted to the court that has jurisdiction in the district where Loosdrecht Company office. If Customer consumer may, within one months another call.
These conditions are registered at the KvK Gooi & Eemland number 30,124,292. Version 01/01/2008
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