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Private company under regular regime Flagship Amsterdam B.V. (hereinafter referred to as: Flagship Amsterdam) is registered with the Chamber of Commerce under number 74390767 and holds its corporate seat at the Leliegracht 50 D in Amsterdam.
Article 1 – Definitions
In these general terms and conditions, the following terms are used in the following meaning, unless expressly indicated otherwise.
1.1 Flagship Amsterdam: The landlord, Flagship Amsterdam, trading under the name Flagship Amsterdam.
1.2 Tenant: Any natural or legal person to whom Flagship Amsterdam has made an offer or with whom an agreement was entered Flagship Amsterdam.
1.3 Parties: Flagship Amsterdam and the tenant together.
1.4 Passengers: Tenant and the passengers who sail with or on behalf of the tenant.
1.5 Services: Flagship Amsterdam by renting out a manned vessel.
1.6 Vessel: The vessel that Flagship Amsterdam offers its services to the tenant.
1.7 Staffed Vessel: A vessel with a skipper provided by Flagship Amsterdam, which is responsible for the rental period for controlling the vessel.
Article 2 – Applicability
2.1 These Terms and Conditions shall apply to any tender offer and agreement of Flagship Amsterdam or the tenant.
2.2 Any person who uses the services of Flagship Amsterdam and / or a vessel of Flagship Amsterdam step is considered knowledge to have read these Terms and Conditions. The tenant guarantees that each of the passengers before entering a vessel has taken note of these Terms and Conditions.
2.3 Deviations from these General Terms and Conditions are only possible if their Flagship Amsterdam provides prior written and explicit consent.
2.4 The applicability of general conditions of the tenant is expressly excluded, unless they advance through Flagship Amsterdam accepted in writing and explicit.
2.5 If one or more provisions of these Terms and Conditions are void or voidable, the remaining provisions of these Terms and Conditions apply in full. Parties will consult to agree new provisions to replace the void or voidable provisions, as much as possible, the purpose and intent of the original provision will be considered.
2.6 Flagship Amsterdam reserves the right to modify the provisions in these Terms and Conditions, depending on the circumstances reasonably require. The tenant now accepts for then the Terms and Conditions which will be amended based on this provision, the lessee shall be binding respecting the agreements concluded between parties after the tenant sound of this change has been informed by Flagship Amsterdam.
2.7 Any changes and / or additional agreements to the contract and / or these Terms and Conditions shall become binding only if in writing and explicitly confirmed by Flagship Amsterdam.
Article 3 – Conduct
When entering into an agreement between the parties, the tenant abides by and guarantees the tenant that passengers adhere to the following rules of conduct (which shall be provided before or at the beginning of the Vessel rental by Flagship Amsterdam):
3.1 All use of the vessel is at your own risk and expense;
3.2 The use of a vessel is permitted only within the Amsterdam backwater, consisting of the canals and the Amstel River, as also indicated in the information supplied by Flagship Amsterdam card before use of the vessel (the “Area”). Sailing is not permitted outside the area.
3.3 Lessee shall strictly comply with all laws and regulations relating to navigation in the region, including adhering to speed limits, course and other commands and prohibitions;
3.4 Lessee represents and warrants that the maximum number of passengers on board the vessel at any time will be exceeded for the lease of such vessel;
3.5 The tenant declares that none of the passengers younger than eighteen years of the passengers who are younger than eighteen (18) years of alcohol and / or drugs will consume on board the vessel;
3.6 It is only permitted to sit in the boat while sailing, other positions are not allowed;
3.7 The use of a vessel is not allowed to leave this unattended vessel behind;
3.8 It is not allowed to throw rubbish overboard. Passengers will empty and generate clean the vessel after completion of the rental period;
3.9 The use of fireworks is prohibited on board the vessel or on the dock of Flagship Amsterdam;
3.10 The use of materials that can damage the interior of a vessel is not permitted;
3:11 Wearing shoes with heels are not permitted;
3:12 All children under eight (8) years and all children who are not in possession of a swimming certificate are required to wear a life jacket on board the vessel and on the quay;
3.13 The tenant and keep the passengers should always consider other boaters and residents of the area. Causing any kind of (noise) nuisance is not permitted;
3:14 (House) animals in / on the goods used by Flagship Amsterdam, including jetties and boats, are not allowed;
3:15 Bring your own drinks and consuming is prohibited without prior permission from Flagship Amsterdam;
3.16 The tenant is not allowed to rent the vessel (bottom);
3.17 The tenants and passengers at all times into all directions of Flagship Amsterdam and its employees (including, but not limited to, the skipper) punctually and without following delay.
Article 4 – Offer and conclusion of agreement
4.1 All offers made by Flagship Amsterdam and deals valid for a period of 30 days unless otherwise indicated.
4.2 Flagship Amsterdam is only to offers and / or quotations bound if the acceptance thereof is confirmed in writing within that period by the tenant. If Flagship Amsterdam the tenant offers or deals made several vessels shall – notwithstanding the provisions of Article 4.1 – a period of 10 days, unless otherwise indicated. Flagship Amsterdam is only to offers and / or quotations bound if the acceptance thereof is confirmed in writing within that period by the tenant.
4.3 Flagship Amsterdam cannot be held to its offer and / or offer if the tenant or reasonably should understand that the quotation and / or offer, or any part thereof, an obvious mistake or error.
4.4 The tenant (or in the case of a legal person, a legal representative of the entity) will look at inception of the lease, a copy of a valid ID to Flagship Amsterdam provide.
Article 5 – Implementation of the agreement
5.1 Flagship Amsterdam strives to perform its best knowledge and ability in the agreed services.
5.2 Flagship Amsterdam reserves shall have the right to certain (parts of the) services by third parties.
5.3 Before the use of a vessel shall sign a declaration by each of the passengers, where each of them declared at their own risk to enter the vessel and in which a safeguard is provided to Flagship Amsterdam. The tenant guarantees that every passenger to sign such a statement and fill out truthfully and is also responsible for ensuring that at no time during the rental period, a passenger will be allowed to board the vessel who has not completed such a form.
5.4 Flagship Amsterdam always has the right to convert to another vessel than shown in photos and / or agreed upon, provided such vessel is also suitable for the number of persons of the group for which a timely reservation has been made by the tenant. Tenant as the case is not entitled to any compensation.
5.5 If the tenant is not present at the agreed time at the agreed location, the sailing time will be shortened. If the tenant is not yet present within 30 minutes after the agreed time, Flagship Amsterdam has the right to terminate the agreement. Where appropriate, the tenant is liable to pay compensation equal to the agreed rental fee.
5.6 It is the responsibility of the tenant to Flagship Amsterdam to provide accurate and complete information required or which the tenant reasonably understands that it is necessary for the execution of the agreement. Any damage and / or delay, caused by the tenant does not or has not timely provided to Flagship Amsterdam the necessary information, shall be borne by the tenant.
5.7 The tenant is not allowed to any intellectual property of Flagship Amsterdam, including but not limited to intellectual property rights respecting the Flagship Amsterdam website, the name and logo of Flagship Amsterdam to use, edit or delete.
5.8 The tenant is not allowed to any confidential information regarding (the organization) Flagship Amsterdam, using its vessels and / or other confidential information in any way.
Article 6 – Price and payments terms
6.1 All quotations from Flagship Amsterdam and all amounts Flagship Amsterdam charges to tenants include VAT and are in euros, unless otherwise stated or
has been agreed by the parties.
6.2 Payment of the tenant to Flagship Amsterdam must be in accordance with the payment terms stated on the invoice and / or confirmation.
6.3 The tenant is legally in default if the payment has expired. From such moment, Flagship Amsterdam entitled to charge the statutory (commercial) interest charges applicable from the expiry of the payment date at that time. Furthermore, Flagship Amsterdam then be entitled to suspend performance of the contract and the tenant kept all Flagship Amsterdam’s costs, both in and out of court, to compensate Flagship Amsterdam.
6.4 Flagship Amsterdam at all times reserves the right to require payment in advance of the Tenant.
6.5 By cashless payments, the date of payment the day of crediting the giro account of Flagship Amsterdam, for cash payment is only by the Flagship Amsterdam issued receipt as proof and date of payment.
6.6 In case of liquidation, bankruptcy, seizure or suspension of payment of the tenant’s claims of Flagship Amsterdam on the tenant immediately due.
6.7 In the event the tenant is a legal person, the tenant will never be entitled to settlement of the amount owed by him to Flagship Amsterdam.
6.8 In the event of a jointly commissioned, all tenants severally liable for payment of the full invoice amount.
Article 7 – Cancellation of the contract
7.1 The tenant can cancel the contract until four weeks before the rental period. The tenant Flagship Amsterdam must give notice in writing or by electronic means to inform.
7.2 If the tenant does not appear at the appointed place at the appointed time, this is not a (valid) cancellation.
7.3 If the agreement is cancelled within the period of four weeks, the tenant Flagship Amsterdam a fixed compensation amounting to:
25% of the agreed rental price in case of cancellation between four and two weeks before the start of the rental period;
50% of the agreed rental price in case of cancellation between two weeks and one week before the start of the rental period;
100% of the agreed rental price in case of cancellation seven days or less before the start of the rental period, plus a charge for any other already by Flagship Amsterdam incurred.
7.4 During major (sailing) events, Flagship Amsterdam to the cancellation conditions differ in those provisions. In the latter case, the amended cancellation policy clearly stated in the agreement between Flagship Amsterdam and the tenant.
7.5 Cancel the catering and other services may be made 48 hours before the start of the rental period at no charge. If the tenant cancels within the 48 hours before the start of the tenancy, the tenant 100% of the agreed price of the catering or other services owed to Flagship Amsterdam.
Article 8 – Termination and Suspension
8.1 Without prejudice to the rights of Flagship Amsterdam under the law, is that if the tenant one of not fulfilling its obligations towards Flagship Amsterdam, Flagship Amsterdam has the right (further) execution of the agreement with the tenant (and) suspend, or the agreement (s) dissolve completely or partially. It is Flagship Amsterdam in this context rather an agreement to dissolve during its implementation in the event of non-compliance by the passengers of their obligations under the rules of conduct referred to in Article 3.
8.2 If the renter one or more of its obligations, not timely or properly, applied for a suspension of payments, is declared bankrupt, its assets in whole or in part is occupied and / or the tenant whole or in part the decision to lose its power, Flagship Amsterdam has the right to implementation of the agreement to suspend or terminate by written declaration, the foregoing at its discretion and without prejudice to any right accruing to compensation for damages, costs and interest.
8.3 The tenant contracts may be terminated only in the event Flagship Amsterdam, after proper registered written notice that it’s a reasonable period to still fulfil its obligations attributable continues to fail to fulfil its obligations under the agreement in such a way, which cannot reasonably be required of the tenant to maintain the agreement.
Article 9 – Force Majeure
9.1 Flagship Amsterdam is not obliged to fulfil any obligation where the latter is unable to attend due to a circumstance that is not due to his fault or by law, legal act or generally accepted for its account in traffic.
9.2 Under the terms of Article 9.1 be understood in any case: storm damage, natural disasters, impediments imposed by any government, war, ice, floods, early nightfall, technical disasters, riots, transport restrictions, pandemics, strikes, fires, breakdowns and accidents in the company of others, as well as deficiencies or force majeure by suppliers or third parties whose services Flagship Amsterdam uses when performing the contract.
9.3 In addition to the provisions of Article 9.2 shall be under the terms of Article 9.1 shall also include:
(I) Dense fog with a visibility of less than 200 meters;
(Ii) Persistent thunderstorms; and
(Iii) Wind force 6 or higher in case of rental of a Manned Craft.
9.4 Flagship Amsterdam is also entitled to invoke force majeure if the circumstance which prevents (further) fulfilment of the contract occurs after Flagship Amsterdam should have fulfilled his obligation.
9.5 In case of force majeure, the Tenant cannot claim damages, restitution or compensation for Flagship Amsterdam requirements.
Article 10 – Catering
10.1 If the tenant wishes to rent a vessel including catering, those catering exclusively provided by third parties engaged by Flagship Amsterdam.
10.2 The cost of the catering will – at the request of tenants – are recognized by Flagship Amsterdam in the offer and / or sale.
10.3 Flagship Amsterdam buys catering to third parties. Flagship Amsterdam is not liable for damage and / or injury resulting from or in connection with catering provided by third parties.
Article 11 – Liability of the Lessee
11.1 The tenant is liable for damage and / or loss of the vessel during the time that the vessel he has in his possession.
11.2 The tenant is liable for damage to property of Flagship Amsterdam or affairs of others, if they result from and / or related to non-fulfilment, tort, recklessness, acting contrary to the rules of conduct referred to in Article 3 and / or omission of passengers.
11.3 The tenant is obliged damage caused by any reason whatsoever to report during or immediately after the occurrence thereof by the officiating skipper, the concierge at the departure of the vessel, or Flagship Amsterdam. The timing, nature and cause of the declaration shall be made by the skipper of damage reported by the tenant. This damage declaration is signed before leaving the boat by the tenant. The preparation of this damage declaration by the officiating skipper is intended for reporting the (extent of) damage.
11.4 The skipper always entitled luggage of passengers to refuse at its discretion.
11.5 Tenant represents and warrants that each passenger is known to enter the vessel is at their own risk, is aware of the risks of entering and sailing a vessel and indemnifies Flagship Amsterdam for all third-party claims relating to damage which has risen on board the Vessel, so except for damage caused by acts or omissions of Flagship Amsterdam and / or a skipper on a vessel Staffed.
Article 12 – Liability of Flagship Amsterdam
12.1 Flagship Amsterdam is not liable for damage caused by or related to injury or death of passengers and / or damage and / or loss of property of the passengers, before, during or as a result of renting a vessel Flagship Amsterdam, except for damage caused by demonstrable intent or gross negligence of Flagship Amsterdam or any of its employees.
12.2 Flagship Amsterdam is not liable for damage to passengers caused by delay due to any cause whatsoever and which has occurred during or after the cruise, except for damage caused by demonstrable intent or gross negligence of Flagship Amsterdam or any of its employees.
12.3 If and insofar Flagship Amsterdam is liable for any damage, this liability is limited to the maximum amount covered by its insurance.
12.4 To the extent Flagship Amsterdam is liable for any damage that is not covered by its insurance, Flagship Amsterdam will in no event be liable for an amount exceeding by Flagship Amsterdam under the agreement with the tenant invoiced amount excluding VAT.
12.5 The action of the Lessee for compensation under the lapse damage suffered by it if it is established after one year of implementation of the agreement.
Article 13 – Governing Law and Jurisdiction
13.1 All agreements and this agreement is exclusively Dutch law.
13.2 Any disputes that may arise regarding the interpretation or execution of the agreement and / or these Terms and Conditions shall be exclusively submitted to the competent court in Amsterdam.
13.3 If the tenant is a natural person residing in the Netherlands, will – notwithstanding the provisions of Article 13.2 – disputes that may arise regarding the interpretation or execution of the agreement and / or these Terms and Conditions shall be submitted exclusively to the competent court in the district of residence of the Lessee.