REDERIJ VOORUIT – GENERAL TERMS AND CONDITIONS
General terms and conditions of Rederij Vooruit BV, Rozengracht 31, 8861 EX Harlingen, the Netherlands, registered with the Chamber of Commerce under Number 01061699. Lodged with the Chamber of Commerce in Leeuwarden, the Netherlands, under Number <lodgement number> on <date lodged>.

ARTICLE 1 – DEFINITIONS
The following terms bear the meaning assigned to them for the purposes of these general terms and conditions:
a. business owner: a natural person or legal entity that enters into an agreement with a client for business purposes;
b. client: a natural person or legal entity that enters into an agreement with a business owner for the purposes of a sailing trip with a captain, including their stay on board a sailing boat;
c. master: the master or captain who exercises authority over a sailing boat;
d. guest: a person who is on board a sailing boat at a client’s invitation and with the relevant business owner’s consent;
e. sailing boat: the sailing boat that is referred to as such in an agreement or a similar sailing boat;
f. agreement: an agreement pursuant to which a business owner undertakes to provide a client with a sailing trip that they have arranged;
g. sailing trip: all that is involved in sailing and staying on board a sailing boat throughout the period referred to in the relevant agreement;
h. electronic: by email or on a website;
i. terms and conditions: these general terms and conditions.

ARTICLE 2 – SCOPE OF APPLICATION
1. These general terms and conditions and the ANVR [Dutch Association of Travel Agents and Tour Operators] travel terms and conditions shall govern all agreements, quotations and/or offers which the business owner concludes with or presents to a client.
2. In the event that a sailing trip:
• does not include an overnight stay or covers a period of less than twenty-four (24) hours; or
• is provided to a limited group of clients without a profit on an incidental basis;
3. These terms and conditions shall apply in relation to a business owner and a client, and the latter shall draw their guests’ attention to any rules stipulated in these general terms and conditions. A client shall indemnify the relevant business owner against any liability towards the latter on the part of a guest in so far as the business owner’s liability would be precluded in the event that the client were to hold the business owner liable.
4. These terms and conditions shall also apply in relation to any natural person or legal entity whose services a business owner avails or has availed themself of in the broadest sense of the term for the purposes of concluding and/or executing an agreement.
5. Unless the parties explicitly agree otherwise in writing, these terms and conditions shall apply to the exclusion and subject to the explicit rejection of any terms and conditions which a client employs.
6. In the event that there is a conflict between the clauses and provisions of these terms and conditions, the ANVR travel terms and conditions and/or an agreement, they shall apply in the following order of priority:
a. the agreement;
b. these terms and conditions;
c. the ANVR travel terms and conditions.
7. In the event that any provision of these terms and conditions turns out to be null and void, voidable and/or invalid, their other provisions shall apply in full.

ARTICLE 3 – OFFERS, BOOKINGS AND CONFIRMATION
1. A general offer from a business owner in the form of a leaflet, advertisement or a website shall be free of obligation and must be interpreted as an invitation to negotiate.
2. A business owner may issue an individual offer in writing or in electronic form.
3. A business owner may take bookings in advance online or by telephone subject to availability. A booking shall be valid in relation to the parties concerned as of the time that the relevant business owner confirms it in writing or in electronic form.
4. Confirmation of a booking which is made online or by telephone shall be provided by means of an email message addressed to the stipulated email addresses. A business owner shall not be liable in the event that an email address which a client enters or provides is incorrect or notice of confirmation of a booking does not arrive because of any other technical reason.
5. A written or electronic offer shall be dated and shall be irrevocable during the specified period of time or, in the absence of such period, for fourteen (14) days after its date.
6. When confirming a booking, a business owner may request a deposit as the case may be. In the event that a deposit is not paid or not on time, the relevant client shall still have a duty to comply with their financial obligations pursuant to the agreement in question. In the event that a deposit is not paid or not on time, the relevant business owner shall be entitled but shall not have a duty to cancel the agreement by issuing a written or electronic notice of cancellation. The provisions of Article 6 of these general terms and conditions shall apply in full.
7. In the event that a deposit is not paid or not on time, the relevant business owner shall be entitled but shall not have a duty to cancel the agreement by issuing a written or electronic notice of cancellation.
8. An offer shall contain a comprehensive and accurate description of the services which are to be provided and shall at any rate mention:
• the legally stipulated standard information form;
• the nature, substance and scope of the services which are to be provided by the relevant business owner;
• the overall price of the sailing trip for a person in the case of an individual booking and for a group in the case of a group booking, along with the percentage which needs to be paid in advance;
• the method of payment;
• the date and time of embarkation and disembarkation;
• the maximum number of guests per sailing boat;
• a copy of these general terms and conditions in so far as they have not previously been provided;
• a proviso to the effect that a business owner may cancel an individual booking in the event that the requisite minimum number of registrations is not achieved (along with the time within which this may occur).

ARTICLE 4 – AGREEMENT
1. An agreement shall be concluded by virtue of the relevant offer being accepted. In the case of an engagement by electronic means the relevant business owner shall send an electronic notice of confirmation to the client concerned.
2. An agreement shall be recorded in writing or in electronic form.
3. A copy of a written agreement must be provided to the relevant client.

ARTICLE 5 – TERMS OF PAYMENT
1. Unless otherwise agreed, payment shall be effected at the relevant business owner’s office or by means of a transfer into a bank account designated by the business owner within fourteen (14) days (in the case of a natural person) or seven (7) days (in the case of a legal entity) after the invoice date but at any rate on the date when the relevant sailing trip commences.
2. In the case of a booking made before a period of more than eleven (11) months prior to sailing payment must be effected in accordance with the following instalments, unless explicitly agreed otherwise in writing:
a. 35% within fourteen (14) days (in the case of a natural person) or seven (7) days (in the case of a legal entity) after the invoice date;
b. 15% within one hundred (100) days before Departure /sailing;
c. 50% within twenty-eight (28) days before sailing.
3. In the case of a booking made within a period of less than eleven (11) months prior to sailing payment must be effected in accordance with the following instalments, unless explicitly agreed to otherwise in writing:
a. 50% within fourteen (14) days (in the case of a natural person) or seven (7) days (in the case of a legal entity) after the invoice date;
b. 50% within twenty-eight (28) days before sailing.
4. A business owner may charge a booking fee when a reservation is made. In all cases any booking fee must be paid within fourteen (14) days (in the case of a natural person) or seven (7) days (in the case of a legal entity) after the invoice date. Under no circumstances may a reservation fee be refunded.
5. In the event that a client fails to effect timely payment, they shall be legally deemed to be in default in the absence of any notice of default. Nevertheless, after the date of payment has passed the relevant business owner shall issue a payment reminder free of charge, in which they shall draw the attention of the client concerned to their default and afford them an opportunity to effect payment within fourteen (14) days (in the case of a natural person) or seven (7) days (in the case of a legal entity) after receiving such reminder, stipulating any extrajudicial debt collection costs payable due to a failure to effect payment by the deadline stipulated for this purpose.
6. Upon the expiry of the term of seven (7) days referred to in Clause (5), a business owner shall be entitled to proceed with the collection of the amount payable to them without the need for any further notice of default. Should the business owner proceed to do so, the relevant client shall be liable for any reasonable extrajudicial expenses associated with this. A business owner may charge no more than the debt collection costs stipulated below.
Maximum percentage of the principal sum payable by way of debt collection costs (subject to any legally stipulated change):
• 15% of the first €2,500.00 subject to a minimum of €40.00;
• 10% of the next €2,500.00;
• 5% of the next €5,000.00;
• 1% of the next €190,000.00;
• 0.5% of the excess subject to a maximum of €6.775.00.

ARTICLE 6 – CANCELLATION
1. In the event that a client wishes to cancel an agreement, they shall notify the relevant business owner of this in writing or by electronic means as soon as possible. The date of receipt by the business owner shall be deemed to be the date of cancellation.
2. In the case of cancellation a client shall be liable for payment to the relevant business owner of a fixed percentage of the agreed fee by way of compensation, namely:
compensation in the case of the sailing boat:
• 35% when the booking is made;
• 40% in the case of cancellation up to six (6) months before the scheduled Departure /sailing date;
• 50% in the case of cancellation up to five (5) months before the scheduled Departure /sailing date;
• 60% in the case of cancellation up to four (4) months before the scheduled Departure /sailing date;
• 70% in the case of cancellation up to three (3) months before the scheduled Departure /sailing date;
• 80% in the case of cancellation up to two (2) months before the scheduled Departure /sailing date;
• 90% in the case of cancellation up to one (1) month before the scheduled Departure /sailing date;
• 100% in the case of cancellation up to one (1) day before the scheduled Departure / sailing date;
• 100% in the case of cancellation on the scheduled sailing date.
3. compensation for catering and other services:
• 15% in the case of cancellation up to two (2) months before the scheduled sailing date;
• 25% in the case of cancellation up to one (1) month before the scheduled sailing date;
• 50% in the case of cancellation up to two (2) weeks before the scheduled sailing date;
• 75% in the case of cancellation up to one (1) week before the scheduled sailing date;
• 95% in the case of cancellation up to one (1) day before the scheduled sailing date;
• 100% in the case of cancellation on the scheduled sailing date.
4. A client may ask a business owner to allow someone to take their place until no later than seven (7) days before their scheduled departure. Anyone who replaces a client must satisfy all of the conditions associated with the relevant agreement. A client and anyone who replaces them shall be severally liable for payment of any fee for the sailing trip that is still payable, a variation fee of €50.00 and any other additional expenses in so far as they are reasonable.
5. A client that cancels an agreement shall have a duty to pay a cancellation fee in accordance with the provisions of the foregoing clauses, unless the actual loss is shown to be 15% more or less than the fixed sum, in which case the client shall be liable for such demonstrable excess or shortfall. Such sum may not amount to more than the maximum fee pursuant to the relevant agreement. ‘Loss’ shall be deemed to refer to a loss that is suffered or loss of earnings.
6. In the event that the government provides unfavourable travel advice for the area in which a sailing trip is to take place, including the port of departure and/or arrival, the relevant client may cancel in the absence of a fee.
7. A business owner may cancel an agreement should they be unable to execute it as a result of unavoidable, extraordinary circumstances and they notify the client of this immediately but before the start of the sailing trip.
8. A business owner may cancel an agreement by any deadline stipulated in the relevant offer in the event that the number of registrations amounts to less than the requisite minimum number of participants disclosed before the booking.
9. In the event that a client makes one (1) or more down payments in accordance with Article 5 and Clauses (7) and (8) of this article, the relevant business owner shall disburse any positive balance in the form of a voucher unless otherwise agreed. Under no circumstances shall a business owner have a duty to refund a positive balance in cash.

ARTICLE 7 – A BUSINESS OWNER’S RIGHTS AND DUTIES
1. A business owner shall warrant that the relevant sailing boat and crew comply with the provisions of the law and are at least equipped with proper safety equipment.
2. Unless otherwise agreed, a business owner and/or master shall agree on a route in consultation with the relevant client.
3. A business owner and/or master shall be entitled to adjust the route at any time on any expected nautical and/or meteorological grounds. This is deemed to include a change in the place of departure and/or arrival or a temporary postponement of sailing. ‘Nautical and/or meteorological grounds’ are deemed to refer to the weather conditions, the tides, an obstruction in a waterway and the condition of the sailing boat.
4. In any of the situations referred to in the foregoing clause the relevant business owner and/or master shall endeavour to find another solution in consultation with the client concerned. A client shall be liable for any additional expenses in so far as they are reasonable. The relevant business owner and/or master shall decide whether the solution which is selected can reasonably be implemented.
5. In the unlikely event that the agreed sailing boat and/or master is or are unavailable, the relevant business owner shall be entitled to deploy another equivalent sailing boat or master. Should it be impossible to do so and their non-availability is due to a cause which a business owner could not have avoided while acting with due care, the business owner shall be entitled to cancel the relevant agreement.
6. Up until twenty (20) days before the scheduled commencement of the sailing trip the relevant business owner may raise the fee in connection with any change in the transportation costs (including the cost of fuel), and any tax and levies payable. In the event that these provisions are applied, the relevant business owner shall indicate the manner in which the increase has been calculated. Should an increase amount to more than 8%, the relevant client shall be entitled to cancel the agreement free of charge within ten (10) days after receiving such written notice.
7. In the event that the costs referred to in the foregoing clause drop after the relevant agreement has been concluded but before the trip commences, the client shall be entitled to a reduction of the fee. In that case the relevant business owner shall be entitled to deduct any administrative expenses which have been incurred from the amount to be refunded.
8. A business owner may cancel an agreement by any deadline stipulated in the relevant offer in the event that the number of registrations amounts to less than the requisite minimum number of participants disclosed before the booking.
9. A business owner shall draw a client’s attention to their obligation pursuant to Article 8(9).
10. A business owner shall make arrangements with their client concerning the payment of port charges, bridge tolls, lock and pilotage fees and any other levy such as tourist tax and fuel charges.

ARTICLE 8 – A CLIENT’S RIGHTS AND DUTIES
1. Upon the commencement of a sailing trip, the relevant client shall have a duty to present the business owner or their representative with a list of the names of any guests including the telephone number of any contact person.
2. At the end of the agreed sailing period, a client shall be required to ensure that the sailing boat is in the same condition as upon the commencement of that period in so far as this lies within their control.
3. In the event that a client fails to act in accordance with the provisions of the foregoing clause, the relevant business owner shall be entitled to restore the sailing boat to the condition in which it was found upon the commencement of the agreed sailing period at the client’s expense. The latter shall not apply where the aforementioned costs are covered by insurance.
4. A client and their guests shall be required to heed any instructions issued by the relevant business owner and/or master or other crew member at all times. In particular, this shall apply in respect of any rules and instructions which are in the interests of order and safety.
5. A client shall afford the master and any crew present the opportunity to avail themselves of the catering provided on board. In the event that nothing is eaten on board, the rental shall include an amount for catering for the master and crew.
6. The baggage belonging to a client and their guests shall be of such size and placed in such a manner that it does not occasion any nuisance. This is to be determined at the master’s discretion. Baggage that is permitted shall include articles for the personal use of the relevant client and/or any guest which are normally required and can be carried by hand – not including food and/or beverages – which the client and/or any guest can carry at the same time, and which can be packed in a suitcase, kit or other bag and/or a rucksack.
7. A client and/or any guest shall be prohibited from bringing any hazardous substances, weapons, drugs or smuggled items on board.
8. Bringing or having pets on board shall be explicitly prohibited without prior, explicit consent.
9. A client shall draw any guest’s attention to the provisions of these terms and conditions which apply in relation to them.

ARTICLE 9 – CANCELLATION AND SUSPENSION
1. In the event that either party fails to comply with their obligations pursuant to an agreement, the other party shall be entitled to suspend their reciprocal obligation or to cancel the agreement, unless such non-compliance does not constitute grounds for cancellation or suspension given its special nature or limited significance.
2. Nevertheless, an agreement may at any rate be cancelled:
a. in the event that the other party goes bankrupt, is granted a moratorium on payments, is subject to debt rescheduling or is placed in the care of a guardian;
b. where the other party fails to comply with their obligations pursuant to the relevant agreement within fourteen (14) days after being held liable in writing;
c. by the relevant business owner in a situation stipulated in Article 8(4), (5), (6), (7) or (8);
d. in the event that the relevant sailing boat is not available due to unforeseen circumstances and it is impossible to offer a similar sailing boat in time in spite of the relevant business owner making an appropriate effort to do so;
e. by the relevant business owner where the number of registrations received during the period stipulated in the offer concerned amounts to less than the requisite minimum number of participants disclosed before the booking.
3. Cancellation or notice thereof shall be effected in writing, stating the grounds on which it is based. An agreement shall be deemed to have been cancelled extrajudicially after the notice of cancellation has been received but at any rate five (5) days after it has been sent.
4. In the event that a client and/or any guest may be held culpable for the cause of the cancellation or notice thereof, the client shall be liable for any loss which occurs pursuant to this.
5. In the event of cancellation, the relevant client may lay claim to compensation for any loss which they have suffered, unless the business owner concerned cannot be held culpable for default. Such compensation shall be confined to the fee agreed for the sailing trip.

ARTICLE 10 – LIABILITY
1. A business owner’s liability shall be confined to three (3) times the fee for the sailing trip, unless any personal injury or loss is caused by a wilful act or omission, or negligence on the part of the business owner.
2. In the event that a client suffers a loss due to culpable default on the part of the relevant business owner in the form of loss of enjoyment. Such compensation shall amount to no more than the equivalent of the fee for the trip.
3. In the event that a service which is provided is governed by a treaty or a regulation, the relevant business owner may rely on any exclusion or limitation of liability stipulated in it.
4. The period of prescription for the submission of a claim for compensation shall be two (2) years.
5. A business owner shall not have a duty to provide compensation for a loss where the relevant client or guest has been able to recover a loss suffered pursuant to any insurance which they have taken out.
6. In the event that a business owner proves that a loss has been caused through culpability or negligence on the part of a client or guest, this shall have the effect of discharging the business owner from their liability in part or in its entirety.
7. A business owner shall not be liable for the loss of or any damage to baggage or possessions (which is deemed to include cash, jewellery, electronic equipment or any other valuables), where this is due to the relevant client’s failure to exercise due care, which is also deemed to refer to leaving valuable possessions on or in the sailing boat unattended.
8. A client shall be liable for any loss occasioned by them and/or any guest or visitor on board the sailing boat by their invitation, unless such loss may be attributed to an act or omission on the part of the relevant business owner and/or master.

ARTICLE 11 – FORCE MAJEURE
1. ‘Force majeure’ is deemed to refer to any unavoidable, extraordinary and/or unforeseeable circumstances as a result of which the execution of an agreement is delayed or impeded in so far as the relevant business owner is unable to avoid those circumstances and the latter cannot be held liable for them pursuant to the law or an agreement, or in accordance with generally accepted principles.
2. ‘Force majeure’ is also deemed to refer to damage to the sailing boat with the result that it can no longer be used for the agreed purpose and such damage cannot be attributed to circumstances which the relevant business owner could or should have foreseen or prevented.
3. In the event that the master is of the opinion that, given the weather conditions taken together or not with the nature of the sailing boat and the group of passengers, it would not be prudent to proceed with the trip, this shall also be deemed to constitute force majeure.
4. In the case of force majeure on the part of either party, the other party may cancel the relevant agreement. In that case the relevant business owner shall be entitled to compensation for any costs which they incurred before there was any question of the situation of force majeure that has led to the relevant agreement being cancelled and in so far as the client would benefit from this.
5. In the case of a situation of force majeure which has partly or entirely arisen due to a pandemic but not merely the COVID-19 crisis (read: coronavirus crisis), the relevant business owner shall be entitled to issue a voucher for any booking made after 1 July 2018 in accordance with the SGR [Travel Compensation Fund] – warranty scheme instead of refunding any booking fees that have been paid.

ARTICLE 12 – NON-CONFORMITY
1. In the event that one (1) or more services are not provided in accordance with an agreement, the relevant business owner shall remedy the non-compliance, unless that:
a. is impossible; or
b. would entail disproportionately major expenses, having regard to the degree of non-conformity and the value of the relevant services.
2. A consumer shall be required to notify the relevant business owner of any non-conformity immediately.
3. In the invent that the business owner fails to remedy such non-conformity within a reasonable period of time even though they have a duty to do so, the client may do so themself and may request the reimbursement of the requisite expenditure.
4. In the case of non-conformity the consumer shall be entitled to:
a. terminate the relevant agreement without payment;
b. require an appropriate reduction of the fee;
c. require appropriate compensation, unless the business owner can show that the non-conformity is the fault of a client, guest or some other party that is involved in the execution of the relevant agreement, or that it was due to unavoidable, extraordinary circumstances.
5. In the event that it is impossible to arrange for the return of the relevant client and/or any guest as stipulated in the agreement concerned due to unavoidable, extraordinary circumstances, the business owner shall be liable for the cost of any accommodation required for no more than three (3) nights’ stay in the case of each client or guest.

ARTICLE 13 – HELP AND ASSISTANCE
A business owner shall have a duty to provide a client and any guest with help and assistance, should they find themselves in difficulty. In the event that a client and/or any guest can be held culpable for the cause, they shall be liable for the costs of such assistance.

ARTICLE 14 – INSOLVENCY
Should a business owner be unable to comply or continue to comply with their obligations towards a client due to impecuniosity, they shall adopt any measures which are required to ensure that another party assumes their duty either to refund the fee for the sailing trip or, where part of the trip has already been completed, a proportionate part of that. The business owner shall also arrange for the repatriation of the relevant client and any guest as the case may be.

ARTICLE 15 – COMPLAINTS
1. Any complaint concerning the execution of an agreement must be reported as soon as possible but by no later than within eight (8) days (in the case of a consumer) or seventy-two (72) hours (in the case of a legal entity) after the termination of the sailing trip, so as to ensure that a solution may be sought. Should this not produce a satisfactory outcome or where a complaint is only discovered after a sailing trip, the transporter shall be notified of the complaint in writing or by email, properly describing and explaining it, and doing so promptly after such discovery.
2. A complaint about an invoice must be submitted to the relevant business owner promptly after it has been received, preferably in writing and properly describing and explaining it.
3. Failure to submit a complaint may mean that the relevant client’s right in this respect may be extinguished, unless the consumer cannot reasonably be held liable for the failure to meet the deadline.
4. Should it become clear that a complaint cannot be resolved through mutual consultation, the relevant client may submit a dispute to a travel dispute resolution committee within twelve (12) months after the complaint has been submitted to the business owner concerned.

ARTICLE 16 – CHOICE OF LAW
Any dispute concerning an agreement shall be governed by and construed in accordance with the law of the Netherlands. Any dispute arising pursuant or in relation to an agreement shall be adjudicated by a competent court of law in Leeuwarden.

ARTICLE 17 – DEROGATION FROM THESE TERMS AND CONDITIONS
Any supplementary provisions or any which derogate from these general terms and conditions may not be to a client’s disadvantage and must be recorded in writing in such a way that a client may store them in a readily accessible manner on a sustainable medium.

ARTICLE 18 – AMENDMENTS
A business owner shall be entitled to amend these general terms and conditions at any time. Any major substantive amendment shall be discussed with a client.