The Dutch text of these general terms and conditions shall prevail over any translations thereof.
General Terms and Conditions
Located in (1015RL) Amsterdam at Egelantiersgracht 18-c.
Filed with the Chamber of Commerce under number 59443014
The Dutch text of these general terms and conditions shall prevail over any translations thereof.
General Terms and Conditions “Rederij De Jordaan”
1. Definitions.
In these General Terms and Conditions, the following definitions apply:
A. Services: The services offered and to be provided by Rederij De Jordaan in the context of these general terms and conditions concern the offering to the other party/client of one or more cruises with
one or more vessels for a number of persons as further described in the agreement(s) concluded between the parties.
B. Client: The party to whom Rederij De Jordaan has made an offer or with whom an agreement has been entered into, as well as the persons/passengers for whose benefit the other party has entered
into the agreement.
C. Contractor: Rederij De Jordaan that carries out work or provides services on behalf of the client as described above, hereinafter referred to as “Rederij De Jordaan”.
2. Applicability of these Terms.
A. These terms and conditions apply to all offers and agreements of Rederij De Jordaan. Unless otherwise agreed in writing, these terms and conditions are deemed to have been accepted by the other
party. These conditions can only be deviated from if Rederij De Jordaan confirms this in writing.
B. These general terms and conditions apply to all trade names used by Rederij De Jordaan, namely: Rederij De Jordaan, PrivateBoat.Amsterdam, SalonbootHuren.Amsterdam.
C. Anyone who participates in the cruise offered by Rederij De Jordaan is deemed to have taken note of the contents of these general terms and conditions and to agree to them.
D. Anyone who is admitted on board, or who is on board with or without permission from us, is deemed to have taken note of the content of these general terms and conditions and to agree to them.
E. These general terms and conditions are deemed to be applicable to (future) follow-up and/or supplementary offers as well as to agreements or the conclusion and/or implementation of these general
terms and conditions of Rederij De Jordaan.
F. Any general terms and conditions used by the other party do not apply unless they have been expressly accepted in writing by Rederij De Jordaan. Signature by Rederij De Jordaan of documents of
the client to which such conditions have been declared applicable, does not constitute written acceptance thereof by Rederij De Jordaan.
3. Offers.
A. Unless a period of validity is expressly stated in the offer, all offers from Rederij De Jordaan are without obligation.
B. Rederij De Jordaan reserves the right to refuse an order without stating reasons.
C. If, at the request of the other party, Rederij De Jordaan has started to implement an offer made by Rederij De Jordaan to the relevant other party, the other party is deemed to have entered into an
agreement with Rederij De Jordaan from the date of execution, fully in accordance with the offer made for this purpose by Rederij De Jordaan.
4. Conclusion and implementation of the agreement.
A. The agreement is concluded by written confirmation by Rederij De Jordaan to the client that the order has been accepted or by signing the agreement by the other party. Unless the other party proves
the contrary by registered letter within 48 hours of receipt of the order confirmation, the order confirmation is deemed to have been correctly passed on. In urgent cases, the agreement can also be
concluded verbally. The other party must immediately pay for the transfer and any catering, unless otherwise agreed with Rederij De Jordaan. Payments must be signed by both parties.
B. The client is not entitled to transfer the agreement with Rederij De Jordaan in whole or in part to third parties without the prior written consent of Rederij De Jordaan.
C. Rederij De Jordaan determines the manner in which the assignment is carried out within the limits of what has been agreed in writing between both parties.
5. Changed execution
If it appears before or during the execution of the agreement that this, or a part thereof, can only be performed in a changed manner due to unforeseen circumstances, the party that first becomes aware
of this circumstance will enter into consultation with the other party. Rederij De Jordaan will then point out the financial consequences to the other party.
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
the costs, a resulting change in the price must be agreed between the parties in writing.
7. Cancellation by the other party
A. Under the conditions stated below, the other party has the right to cancel an agreement concluded between the parties. Cancellation takes place by means of a written notification sent by the other
party to Rederij De Jordaan. The cancellation date is the date on which Rederij De Jordaan receives the notification.
B. In the event of cancellation, a percentage of the invoice amount is due. This depends on the number of weeks or hours prior to the booked tour. Up to 3 weeks before the booked tour: 10%; 3 to 1
weeks before the booked tour: 50%; 7 to 2 days before the booked tour: 75%; Within 48 hours before the booked tour: 100%.
8. Payments
A. Payments by the other party to Rederij De Jordaan must be made in accordance with the payment conditions stated on the invoice, without set-off or suspension for whatever reason. In the absence
of such conditions, payment must be made within fourteen days of the invoice date. If the payment is not received within the agreed term, the other party is in default.
B. Rederij De Jordaan reserves the right to demand payment in advance.
C. For cashless payment, the date of payment is the day of crediting the bank account of Rederij De Jordaan, for cash payment only the receipt issued by Rederij De Jordaan applies as proof and time
of payment,
D. Payment must be made within the specified periods, failing which the other party is in default by operation of law.
9. Costs in case of non-payment or late payment
A. From the date of default, the other party owes a contractual interest of 5% per month, whereby part of the month is counted as a whole month. Furthermore, Rederij De Jordaan 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 Rederij De Jordaan has to incur as a result of failure by the other party to
fulfill its obligations.
B. All costs incurred by Rederij De Jordaan to enforce its rights, including all extrajudicial costs in the event of the involvement of an authorized representative, lawyer or bailiff, are for the account of
the client.
C. The extrajudicial costs amount to at least 15% (excl. VAT) of the amount to be claimed with a minimum of € 235 (excl. VAT) per claim. If Rederij De Jordaan can demonstrate in
reasonableness that it has been forced to incur higher extrajudicial costs, these will also be borne by the other party. All costs associated with judicial collection are for the account of the other party,
including those of the judicial execution.
D. Rederij De Jordaan has the right vis-à-vis the other party that has not paid on time, without prejudice to its other rights under the terms and conditions and/or the law:
To demand immediate payment from the other party and/or security for payment for all current agreements;
Suspend its performance(s), also from other agreements with the other party, without prejudice to its right to demand security for payment simultaneously or later;
To dissolve the relevant agreement in whole or insofar as it has not been performed by means of a written statement from Rederij De Jordaan;
Dissolve one, more or all current agreements, in respect of which the other party is not in default, wholly or insofar as not performed by a written statement from Rederij De Jordaan;
To demand payment in full of the full amount if payment in installments has been agreed.
E. Unless the right of dissolution has been exercised, Rederij De Jordaan can at all times change its choice from the rights referred to in this article.
10. Price
All prices and rates include VAT and entertainment fees but exclude any other levies imposed by the government. All prices are based on the circumstances that apply at the time of the conclusion of
the agreement. If these circumstances change after the agreement has been concluded, Rederij De Jordaan is entitled to increase or decrease the agreed prices by the amount by which its costs have been
increased or decreased, stating the resulting additional or reduced costs. These circumstances include, among other things: taxes at home or abroad, wage, price and exchange rate changes. In the event of
a price increase, the other party is authorized to dissolve the agreement within three months after the conclusion of the agreement and as long as the service has not yet been delivered.
11. Confidential Information
The parties mutually undertake to maintain the confidentiality of confidential information of the other party. Each party will take all reasonable precautions to be taken in order to fulfill this
obligation as well as possible.
12. Cooperation
A. The Client will always provide Rederij De Jordaan with all necessary information in a timely manner.
B. If information necessary for the execution of the agreement is not available to Rederij De Jordaan, not in time or not in accordance with the agreements, or if the other party does not fulfill its
obligations towards Rederij De Jordaan in any other way, this may lead to suspension of the fulfillment of the obligations of Rederij De Jordaan and additional costs may be charged to the other party.
C. The other party must immediately follow the instructions of (the employees of) Rederij De Jordaan. Access to the boat and the jetty can be refused by Rederij De Jordaan without stating reasons, if
this is deemed necessary in connection with safety and public order.
D. It is not possible to deviate from the starting time of the cruises. The boat departs at the agreed time. The late arrival of (part of) the passengers is at the risk and expense of the other party. It is
possible to wait until all passengers are present at the explicit request of the other party, to be confirmed in writing in that case. Deviations from the agreed departure time are entirely at the expense
and risk of the other party. The duration of the cruise will then be shortened as much as the delay lasted.
E. In the event of a possible extension of the tour, the price will automatically and proportionally increase and will then be calculated on the basis of recalculation.
13. Means of Transport and Skipper
A. The customer cannot claim a specific saloon boat or skipper for the execution of a program.
B. For each specific boat, the number of guests that may not be overwritten under any circumstances, and which in any case does not exceed 12 guests for “Welmoed”, and 12 guests for “Farahilde”.
Failure, improper or late fulfillment by or on behalf of the customer of these and other obligations gives Rederij De Jordaan the right under all circumstances to immediately suspend its obligations
under the agreement while maintaining all its other rights against the customer, including exclusion of liability of Rederij De Jordaan for (the) damage. This right of suspension includes the right of
Rederij De Jordaan to deny the guests or a number of the guests access to the ship.
14. Rules of conduct and obligations of customers and guests
A. Client must be 18 years or older to conclude a valid agreement with Rederij De Jordaan.
B. Customer and guests must behave properly during and outside the service to be performed, if they are at locations or properties used by Rederij De Jordaan.
C. Customer and guests must follow all instructions from Rederij De Jordaan or its employees correctly and without delay.
D. If these instructions are not followed, Rederij De Jordaan has the right to interrupt the performance of the service. In this case, the customer is not entitled to a refund or compensation.
E. Animals and pets are not allowed in/on the items and grounds used by Rederij De Jordaan.
F. Smoking and/or open fire are not permitted in/on the properties and grounds used by Rederij De Jordaan.
G. Rederij De Jordaan is entitled to remove participants who misbehave and/or are in a state of intoxication from the land and property it uses, including but not limited to jetties, (sales) locations
and vessels.
H. Access to jetties, (sales) locations and vessels can be refused without stating reasons if this is deemed necessary by Rederij De Jordaan, for example in connection with capacity, safety, public order,
the threat of damage and nuisance , without the customer being entitled to a refund or compensation.
I. It is not permitted to consume onboard any food and/or drinks you have brought along.
15. Complaints
A. Complaints are understood to mean all grievances of the other party with regard to the execution of the agreement by Rederij De Jordaan.
B. The customer and/or guest must immediately notify Rederij De Jordaan of any problem that arises during the performance of the service, so that Rederij De Jordaan has the opportunity to solve the
problem.
C. Complaints can only be made if they are submitted in writing and with reasons within 8 working days after the services provided/performances performed by Rederij De Jordaan, without prejudice
to the provisions of the following articles.
D. Minor deviations in or during the execution of the agreement, which are reasonably considered permissible, cannot constitute grounds for complaints.
E. The payment obligation of the other party is not suspended by submitting complaints.
F. If the client has not made a complaint within the aforementioned periods, the client is deemed to have approved the services rendered and/or the invoices. In the absence of such notification, all
claims of the other party will lapse.
16. Liability and Damage
A. Rederij De Jordaan is not liable for:
- theft or loss of, or damage to, property of the customer and/or guest. Bringing along any belongings with you is entirely at your own risk;
- damage caused by death or injury of the customer and/or guest, except in cases in which this damage is the result of intent or gross negligence on the part of Rederij De Jordaan;
- damage caused by delay in sailing or during the performance of the service;
- indirect or consequential damages;
- any act or omission of its subordinates as referred to in Article 6:170 of the Dutch Civil Code and other persons as referred to in Article 6:171 of the Dutch Civil Code.
B. Rederij De Jordaan is not liable for damage as a result of a defective or late implementation of the agreement, nor is it liable for any other direct and/or indirect damage, including death and/or
injury (damage), of the other party, unless the damage is due to gross negligence, recklessness or intent.
C. In the event Rederij De Jordaan is liable for any damage, this liability is limited to the maximum amount covered by its insurance. If the damage is not covered by the insurance, this liability is
limited to a maximum of the invoice amount.
D. The other party indemnifies Rederij De Jordaan against damage that third parties may suffer during the execution of the agreement between the parties.
E. The other party is responsible and liable for the behavior of the passengers it has brought on board. The other party must take out the necessary insurance at its own risk.
F. All services organized by Rederij De Jordaan take place entirely at the risk of the other party and participants.
G. The other party is liable for the (joint) persons who use the service as well as for goods or animals that the other party or said persons have with them. The other party must ensure that instructions
from the skipper, including but not limited to instructions to preserve the vessel and to preserve the rights of Rederij De Jordaan, are followed immediately. Failure to comply with the stipulations or
any other acts or omissions of the other party or the aforementioned persons causing damage, leads to full liability for (consequential) damage and costs for the other party.
H. Entering or being on land and objects used by Rederij De Jordaan, such as vessels, jetties and (sales) locations, is at your own risk.
I. The customer and/or guest is aware of the prohibition to leave the saloon on one of the ships in any way whatsoever during the term of the agreement. The other party is obliged to inform all guests
of this. Rederij De Jordaan is not responsible for injuries suffered by the customer and/or the guest who is not a party to the agreement between Rederij De Jordaan and the customer, which arose
because the customer and/or guest have had any body part(s) outside the saloon of the ship.
J. The other party is liable for damage due to the loss and/or damage to property and possessions of Rederij De Jordaan and/or its employees and/or damage to third parties caused by the other party
or persons for which the other party is liable. The Other Party is liable for damage that he/she causes to Rederij De Jordaan or its employees.
K. After the claim period as referred to in Article 15, Rederij De Jordaan is no longer liable for its shortcomings, unless a specific guarantee has been agreed in writing.
L. Rederij De Jordaan expressly excludes any liability with regard to all persons and parties whom (have) provide(d) services for Rederij De Jordaan.
M. The other party’s legal claim for compensation for its damage lapses and is therefore inadmissible if it is instituted after one year after the execution of the relevant agreement.
17. Failure and Force Majeure
A. Rederij De Jordaan is at all times authorized to determine that sailing will not take place: for example due to illness of the skipper, due to certain weather conditions (eg strong wind; ice formation
on the route), high or low water.
B. Neither of the parties is obliged to fulfill any obligation if it is prevented from doing so as a result of a circumstance that cannot be attributed to its fault, nor is it for its account by law, legal act or
generally accepted standards, such as storm damage, natural disasters, hindrance by third parties, obstructive measures of any government, war, strike, fire, malfunction and accidents in the company of
third parties, as well as shortcomings or force majeure of suppliers or of third parties whose services Rederij De Jordaan uses.
C. In the event of force majeure or other circumstances of such a nature that (further) compliance with the agreement cannot reasonably and fairly be required, the performance of the agreement will be
suspended or, if such suspension has lasted at least uninterrupted 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 letter to one party. This right to terminate lapses if, before it has been used, the obligation, the fulfillment
of which was temporarily prevented by force majeure, is still fulfilled.
D. In the event of termination of the agreement due to force majeure, the obligations under the agreement will come to an end, on the understanding that if the agreement has already been partially
fulfilled by Rederij De Jordaan, the other party will pay a proportional part of the agreed price to Rederij De Jordaan.
E. In the event of force majeure, the parties cannot claim compensation from each other.
18. Suspension and Termination
A. If, in the opinion of Rederij De Jordaan, the creditworthiness of the other party gives cause to do so, Rederij De Jordaan can at any time demand further security or advance payment, failing to
fulfil this gives Rederij De Jordaan the right to suspend the execution of the agreement.
B. In the event that the other party does not fulfill one or more of its obligations, does not fulfill it on time or properly, applies for a moratorium, is declared bankrupt, loses all or part of its assets,
Rederij De Jordaan has the right to suspend the agreement or to dissolve it by means of a written statement, all this at its discretion and without prejudice to any right to compensation for damage,
costs and interest.
C. If Rederij De Jordaan makes use of its authority referred to in the previous paragraphs to suspend the execution of the agreement, this will not affect the other party’s obligation to pay the fee agreed
with Rederij De Jordaan during the period that Rederij De Jordaan has suspended the performance of its obligations, without prejudice.
D. An agreement can only be dissolved by the other party if Rederij De Jordaan continues to fail imputably in the fulfillment of its obligations under the agreement, after proper written notice of
default giving it a reasonable period of time to fulfill its obligations as yet, in a way that the other party cannot reasonably be expected to maintain the agreement.
E. In the event that the agreement is dissolved by Rederij De Jordaan due to default on the part of the other party, Rederij De Jordaan retains the right to payment of the full agreed price.
F. The dissolution can only take place by letter to the other party; judicial intervention is not required. If the other party had already received performances for the execution of the agreement at the time
of the dissolution of the agreement, it can only partially dissolve the agreement and only for that part that has not yet been performed by Rederij De Jordaan. Amounts that Rederij De Jordaan has
invoiced for the dissolution in connection with what it has already performed or delivered in execution of the agreement, remain due in full and become immediately due and payable at the time of
dissolution.
19. Evidence
Barring proof to the contrary, the administrative details of Rederij De Jordaan are decisive with regard to agreements to which these terms and conditions apply and the agreements arising therefrom.
20. Governing Law and Disputes
Dutch law applies to these general terms and conditions and to all agreements based thereon by Rederij De Jordaan. All disputes that may arise with regard to the interpretation or implementation of
these terms and conditions or agreements will be submitted exclusively to the competent court in Amsterdam.
Amsterdam, the 14th of June, 2021
Rederij De Jordaan – Amsterdam
The Dutch text of these general terms and conditions shall prevail over any translations thereof.
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