Terms & Conditions Flagship Amsterdam
Besloten Vennootschap Flagship Amsterdam (hereinafter: Flagship Amsterdam) is registered with the Chamber of Commerce under number 74390767 and is located at Leliegracht 50D, (1015 DH) in Amsterdam
Article 1 – Definitions
- In these general terms and conditions, the following terms are used in the following meanings unless expressly indicated otherwise:
- Offer: Any offer or quotation to the Passenger for the provision of Services by Flagship Amsterdam.
- Passenger: The Consumer or Company who, in one way or another, directly or indirectly, enters into an Agreement with Flagship Amsterdam for participation in a Cruise organized by Flagship Amsterdam (holder of the Ticket). Also, the Passenger is the natural or legal person who participates in a Cruise without having entered into an Agreement with Flagship Amsterdam.
- Company: The natural or legal person acting in the course of a profession or business.
- Consumer: The natural person who does not act in the exercise of his or her profession or business.
- Cruise: Any execution of a public Cruise or a private cruise with a skipper.
- Services: Flagship Amsterdam provides the organization of Cruises in the broadest sense of the word. In addition, Flagship Amsterdam provides related services in the form of catering arrangements and other activities before, during, or after the Cruise.
- Flagship Amsterdam: The service provider offering Services to the Passenger.
- Agreement: Every agreement and other obligations between the Passenger and Flagship Amsterdam, as well as proposals from Flagship Amsterdam for Services provided by Flagship Amsterdam to the Passenger, which are accepted and executed by the Passenger and which, together with these general terms and conditions, form an indivisible whole.
- Ticket: An admission ticket, a physical or digital document provided by Flagship Amsterdam with a unique code, indicating the Passenger’s right to be present on the Cruise on a specific date and time.
- Arrangements: Additional services in addition to the Cruise in the form of catering based on the options offered by Flagship Amsterdam.
Artikel 2 – Applicability
- These general terms and conditions apply to every Offer by Flagship Amsterdam, every Agreement between Flagship Amsterdam and the Passenger, and to every service offered by Flagship Amsterdam.
- Before an Agreement is concluded, the Passenger will have access to these general terms and conditions. If this is not reasonably possible, Flagship Amsterdam will inform the Passenger about how the Passenger can view the general terms and conditions.
- Deviation from these general terms and conditions is not possible. In exceptional situations, deviations from the general terms and conditions can be agreed upon explicitly and in writing with Flagship Amsterdam.
- These general terms and conditions also apply to additional, modified, and follow-up orders from the Passenger.
- The general terms and conditions of the Passenger are excluded.
- If one or more provisions of these general terms and conditions are partially or wholly void or are annulled, the remaining provisions of these general terms and conditions will remain in effect, and the void/annulled provision(s) will be replaced by a provision with the same purport as the original provision.
- Uncertainties regarding the content, interpretation, or situations not governed by these general terms and conditions shall be assessed and explained in accordance with the spirit of these general terms and conditions.
- The applicability of Articles 7:404 Dutch Civil Code (BW) and 7:407(2) Dutch Civil Code (BW) is explicitly excluded.
- If these general terms and conditions refer to “she/her,” it should also be construed as a reference to “he/him/his,” where and as applicable.
- In the event that Flagship Amsterdam does not always demand compliance with these general terms and conditions, it reserves the right to demand full or partial compliance with these general terms and conditions at a later time.
Article 3 – The Offer
- All offers made by Flagship Amsterdam are non-binding, unless expressly stated otherwise in writing and are valid for 14 days. If the Offer is limited or subject to specific conditions, this will be explicitly stated in the Offer.
- Flagship Amsterdam is only bound by the Offer if the Passenger has already paid the due amount through the specified method. Nevertheless, Flagship Amsterdam has the right to refuse an Agreement with a (potential) Passenger for a valid reason.
- The Offer includes a description of the Services offered. The description is sufficiently detailed to enable the Passenger to make a proper assessment of the Offer. Any data in the Offer is only indicative and cannot be the basis for any compensation or the dissolution of the Agreement.
- Offers or quotations do not automatically apply to later Cruises. Offers are only valid based on availability.
- An Offer can be made by Flagship Amsterdam via the website.
Article 4 – Formation of Agreement
- The Agreement is established at the moment the Passenger accepts an Offer or Agreement from Flagship Amsterdam by purchasing the Ticket through the Flagship Amsterdam website or by physically purchasing a Ticket at the dock.
- If the Passenger has accepted the Offer by entering into an Agreement with Flagship Amsterdam, Flagship Amsterdam will confirm the Agreement with the Passenger in writing or by email after the end of the tour.
- Flagship Amsterdam is not bound by an Offer if the Passenger could reasonably have expected or should have understood or should have been aware that the Offer contains an obvious mistake or error. The Passenger cannot derive any rights from such a mistake or error.
- Any Agreement entered into with Flagship Amsterdam is with the company and not with an individual person associated with Flagship Amsterdam.
- The right of withdrawal for the Passenger is excluded as it concerns an activity (event) performed on a specific date. All arrangements or food items that cannot be taken back due to limited shelf life are also excluded from the right of withdrawal.
- The Agreement is established on the condition that a Cruise depends on weather conditions. It is solely at the discretion of Flagship Amsterdam to assess whether cruising can take place at the time of the Agreement. In any case, there will be no sailing if:
- There is a wind force of 5 or higher.
- In case of thunderstorms.
- In case of high or low water levels, blockages, or other events on or around the water that may be a reason to change the cruise program or cancel the cruise.
- Flagship Amsterdam changing the Cruise, regardless of the cause, does not lead to a refund unless otherwise agreed. In case the Cruise cannot take place, a new date will be scheduled, or the Agreement will be dissolved, and the amount will be refunded to the Passenger.
Article 5 – Duration of the Agreement
- The Agreement is entered into for the duration specified in the Agreement. The expiration date is indicated on the Ticket.
- The Agreement automatically ends once the specified Cruise in the Agreement has ended.
- The Cruise is highly dependent on meteorological conditions and other events on and around the water, which may cause the Cruise to run differently than expected. Any statement by Flagship Amsterdam about the length and nature of the Cruise is always an estimate and based on ideal conditions. No rights can be derived from this.
- Both the Passenger and Flagship Amsterdam can terminate the Agreement due to a attributable failure in the performance of the Agreement if the other party has been formally notified in writing and given a reasonable period to fulfill their obligations and they still fail to do so. This includes the payment and cooperation obligations of the Passenger.
- In the event of early termination of the Agreement, the Passenger is not entitled to any refund of the Ticket.
- Both the Passenger and Flagship Amsterdam can terminate the Agreement, in whole or in part, in writing with immediate effect without further notice in case one of the parties is in suspension of payment, bankruptcy has been requested, or the relevant business ends through liquidation. If a situation as mentioned above occurs, Flagship Amsterdam is never obliged to refund funds already received and/or compensation.
Article 6 – Cancellation and Modification
- The Passenger can cancel the public Cruise free of charge up to 24 hours before the start of the public Cruise. If canceled within 24 hours before the start of the public Cruise, the Passenger is liable for the full amount, including arrangements, to Flagship Amsterdam.
- The Passenger can cancel the private Cruise up to 7 days before the start of the Cruise free of charge. Cancellation within 7 days before the start of the Cruise obliges the Passenger to pay the full amount, including Arrangements, to Flagship Amsterdam.
- Arrangements can be changed at the request of the Passenger up to 72 hours before the start of the Cruise.
- Flagship Amsterdam is entitled to cancel a Cruise. It is the responsibility of the Passenger to check if a Cruise is or has been canceled. In the event of a cancellation, Flagship Amsterdam will do its best to inform the Passenger as soon as it becomes aware of it. However, Flagship Amsterdam cannot guarantee that the Passenger will receive this information before the start of the Cruise.
Article 7 – Ticket
- A Ticket consists of a digital document provided by Flagship Amsterdam with a barcode unless Flagship Amsterdam provides a physical Ticket. The barcode is a unique code.
- Tickets are personal and are provided only once. Flagship Amsterdam may assume that the holder of the Ticket is the rightful owner.
- The Passenger must refrain from reselling the Ticket to third parties in any way unless Flagship Amsterdam has explicitly given permission to the Passenger to do so.
- Flagship Amsterdam reserves the right to set a maximum number of Tickets that may be obtained per (potential) Passenger; the (potential) Passenger is obliged to adhere to this.
- If and to the extent that the Passenger provides a Ticket or Tickets to third parties without a commercial purpose, these General Terms and Conditions also apply to these third parties. The Passenger guarantees that the third parties mentioned in this article are aware of the content of these General Terms and Conditions and the resulting rights and obligations.
- The risk of damage, loss, misuse, and theft of a Ticket is the responsibility of the Passenger.
- Tickets can be declared invalid by or on behalf of Flagship Amsterdam, and/or the Passenger can be denied access to the Cruise if it is found that the Ticket has been obtained through fraud, misuse, and/or other violations.
Article 8 – Passenger Obligations
- The Passenger is obligated to provide all information requested by Flagship Amsterdam, as well as relevant data, when accepting the Offer for the correct and efficient execution of the Agreement. This includes, at least, the name, contact information, and email address.
- Flagship Amsterdam is not obliged to verify the accuracy and/or completeness of the information provided to it. In case of incorrect and/or incomplete information, Flagship Amsterdam may deny the Passenger access to the Cruise.
- If Flagship Amsterdam delivers the Ticket through electronic communication (email), it ensures that it is provided securely. Flagship Amsterdam does not guarantee the confidentiality of the Ticket or its proper receipt.
- The Passenger is obligated to identify themselves at the first request of Flagship Amsterdam and/or a third party engaged by them.
- During the Cruise, the Passenger must behave in accordance with public order, good morals, behavioral rules, and the rules (of decency) applicable to the Cruise. If and to the extent applicable, the Passenger must comply with the instructions and guidelines provided by (employees of) Flagship Amsterdam in this regard.
- Participation in the Cruise is entirely at the Passenger’s own risk and responsibility. The Passenger is obliged to adhere to safety regulations at all times.
- It is prohibited to bring glassware, alcoholic beverages, fireworks, (fire)arms, and/or other dangerous objects, including all legally prohibited items and substances, on the Cruise.
- Minors must always be accompanied by an adult, whether or not they are the parent and/or legal guardian. The adult is at all times responsible for the behavior of the minor and for ensuring compliance with the behavioral rules as referred to in these General Terms and Conditions.
- The Passenger must be present at the agreed-upon time. Flagship Amsterdam will wait for a maximum of 15 minutes only in the case of private arrangements. This time will be deducted from the total duration of the Cruise. If Flagship Amsterdam has to wait for more than 15 minutes, it may decide not to proceed with the cruise.
- If the delay caused by the Passenger leads to the cancellation of the Agreement, the already paid money will not be refunded.
- Persons who cannot swim, as well as children under six years of age, must wear a life vest at all times during the Cruise.
- If the maximum number of persons on the Cruise is exceeded, and the Passenger wishes to bring more people, Flagship Amsterdam may refuse this.
- The Passenger is obliged to report to Flagship Amsterdam all personal circumstances of themselves and/or those on whose behalf they enter into the agreement, to the extent that these may affect the proper execution of the Agreement, including relevant medical and conditional details.
- If the Passenger and/or a participant in the Cruise causes significant hindrance or disturbance, they may be excluded from participation by Flagship Amsterdam. All additional costs incurred in this regard will be borne by the Passenger.
- In the event of non-compliance with the (behavioral) rules and/or misconduct by the Passenger (and/or the minor), Flagship Amsterdam is entitled to terminate the Agreement and deny the relevant Passenger access to the Cruise or not perform or terminate the Cruise. The Passenger has no claim to any refund of the Ticket.
Article 9 – Prices and payment
- All prices displayed to the Passenger, who is a Consumer, are initially inclusive of value-added tax (VAT), unless otherwise agreed upon.
- Payment is made in advance in the currency in which it was invoiced through the specified online payment provider on the website unless otherwise agreed.
- For payments made other than through the online payment provider, the payment must be received by Flagship Amsterdam no later than 7 days before the commencement of the Cruise. The costs must be paid in full, without offset or suspension, within the specified payment period as indicated on the invoice, to the bank account and details provided by Flagship Amsterdam. Failure to make payment or late payment will result in the cancellation of the bookings and associated Tickets.
- In the event of liquidation, insolvency, bankruptcy, involuntary liquidation, or a request for payment against the Passenger, payment and all other obligations of the Passenger under the Agreement become immediately due and payable.
Article 10 – Collection Policy
- When the Passenger, being a Business, fails to meet its payment obligation and has not fulfilled its obligation within the stipulated payment term, the Passenger is in default by operation of law. If the Passenger is a Consumer, they will first receive a written reminder with a 14-day period from the date of the reminder to fulfill the payment obligation, along with a specification of extrajudicial costs if the Consumer does not meet their obligations within that period, before they enter into default.
- From the date the Passenger is in default, Flagship Amsterdam will be entitled, without further notice of default, to statutory commercial interest from the first day of default until full payment, and compensation for extrajudicial costs in accordance with Article 6:96 of the Dutch Civil Code, calculated according to the scale set out in the Decree on Compensation for Extrajudicial Collection Costs of July 1, 2012.
- If Flagship Amsterdam has incurred additional or higher costs that are reasonably necessary, these costs are eligible for reimbursement. The full legal and enforcement costs incurred are also borne by the Passenger.
Article 11 – Privacy, Data Processing, and Security
- Flagship Amsterdam handles the (personal) data of the Passenger with care and will only use them in accordance with applicable standards. If requested, Flagship Amsterdam will inform the data subject about this.
- The Passenger is responsible for processing data that is processed using Flagship Amsterdam’s services. The Passenger also guarantees that the content of the data is not unlawful and does not infringe upon any rights of third parties. In this context, the Passenger indemnifies Flagship Amsterdam against any (legal) claims related to this data or the execution of the Agreement.
- Flagship Amsterdam has the right to make visual and/or audio recordings of the Cruise and the present Passengers for marketing and promotional purposes of Flagship Amsterdam and its services.
- If Flagship Amsterdam is required to provide information security under the Agreement, this security will meet the agreed specifications and a level of security that, given the state of technology, the sensitivity of the data, and the associated costs, is not unreasonable.
Article 12 – Force Majeure
- Flagship Amsterdam is not liable when it cannot fulfill its obligations under the Agreement due to a force majeure situation.
- Force majeure on the part of Flagship Amsterdam includes, but is not limited to: (i) illness of the skipper of the Cruise, (ii) defects in the boat or any third parties involved in the provision of the service, (iii) government measures, (iv) disruptions in electricity, internet, data network, and/or telecommunications facilities, (v) illness of employees of Flagship Amsterdam or consultants engaged by it, and (vi) other situations that, in the opinion of Flagship Amsterdam, are beyond its control and temporarily or permanently prevent the performance of its obligations.
- In case of force majeure, both Parties have the right to fully or partially terminate the Agreement. All costs incurred prior to the termination of the Agreement will be borne by the Passenger. Flagship Amsterdam is not obligated to compensate the Passenger for any losses incurred as a result of such termination.
Article 13 – Limitation of Liability
- If the Passenger’s participation in the Cruise results in liability on the part of Flagship Amsterdam, that liability is limited to the value of the Agreement, or the total amount that the insurance company of Flagship Amsterdam pays out per event per year, but only in relation to the direct damages suffered by the Passenger. Direct damages are understood to mean: reasonable costs incurred to limit or prevent direct damage, the determination of the cause of the damage, the direct damage itself, liability, and the method of recovery.
- Flagship Amsterdam is not liable for the manner in which the Cruise is carried out, including the location, route, and duration of the Cruise.
- Flagship Amsterdam disclaims any liability for the loss of clothing, belongings, and/or other property of the Passenger and does not accept any liability in this regard.
- Flagship Amsterdam disclaims liability for physical injury to the Passenger in connection with the Cruise.
- Flagship Amsterdam expressly disclaims all liability for consequential damages. Flagship Amsterdam is not liable for indirect damages, loss of business, loss of profit, savings not realized, business interruption damage, loss of assets, delay damage, interest damage, and immaterial damage.
- Flagship Amsterdam is only liable for property and/or consequential damage suffered by the Passenger or for injury caused by the Passenger, which is directly and exclusively the result of intent or gross negligence on the part of Flagship Amsterdam, provided that only damage for which Flagship Amsterdam is insured, or should have been insured, within reason and fairness, is eligible for compensation, up to the maximum amount covered therein. The liability of Flagship Amsterdam is excluded, among other things, for:
- damage resulting from the actions of third parties, including persons engaged by Flagship Amsterdam for the Cruise and persons engaged by these third parties;
- damage resulting from failure to follow instructions given by Flagship Amsterdam and failure to adhere to generally accepted rules of conduct (behavioral rules);
- (consequential) damage resulting from unforeseeable changes in the starting times and departure and end locations and routes of the Cruise;
- damage in any way caused by other Passengers;
- and damage resulting from the loss, damage, and/or theft of the belongings or property of the Passenger and/or the holder of a Ticket.
- The Passenger indemnifies Flagship Amsterdam against all third-party claims arising from a defect in a service provided by the Passenger to a third party, which also included services provided by Flagship Amsterdam unless the Passenger can prove that the damage was solely caused by the service of Flagship Amsterdam.
- If damage occurs during the Cruise to the boat or other property of Flagship Amsterdam, or to the property of third parties, the Passenger is obliged to compensate for everything.
- Any Arrangements provided by Flagship Amsterdam based on incomplete and/or incorrect information provided by the Client are never grounds for liability on the part of Flagship Amsterdam.
- Flagship Amsterdam is not liable for damage resulting from any action or omission based on (incomplete and/or incorrect) information on the website(s) or linked websites.
- Flagship Amsterdam is not responsible for errors and/or irregularities in the functionality of the website and is not liable for malfunctions or the unavailability of the website for any reason. Flagship Amsterdam does not guarantee the correct and complete transmission of the content of emails sent by or on behalf of Flagship Amsterdam, nor for their timely receipt.
- All claims by the Passenger for breach of contract on the part of Flagship Amsterdam expire if they are not reported to Flagship Amsterdam in writing and with justification within one year after the Passenger became aware or could reasonably have been aware of the facts on which they base their claims. One year after the termination of the Agreement between the parties, Flagship Amsterdam’s liability expires.
Article 14 – Indemnification and Accuracy of Information
- The Passenger is solely responsible for the accuracy, reliability, and completeness of all data, information, documents, and/or records, in any form, provided to Flagship Amsterdam in the context of an Agreement, as well as for the data obtained from third parties and provided to Flagship Amsterdam for the execution of the Service.
- The Passenger indemnifies Flagship Amsterdam from any liability arising from the failure or untimely fulfillment of obligations regarding the timely provision of all accurate, reliable, and complete data, information, documents, and/or records.
Article 15 – Complaints
- If the Passenger is not satisfied with the execution of the Agreement, they can submit a complaint in writing via email to the management of Flagship Amsterdam at Info@flagshipamsterdam.com. The complaint must be sufficiently substantiated and/or explained by the Passenger for Flagship Amsterdam to be able to process it. Flagship Amsterdam will respond to this complaint carefully and in writing, after possibly hearing from the Passenger, and the parties will try to find a solution together.
- If, in the opinion of the Passenger, the complaint has not been satisfactorily resolved, the Passenger can submit a complaint within 14 days from the date of Flagship Amsterdam’s response as referred to in paragraph 1 of this article.
- Submitting a complaint does not grant the Passenger the right to suspend (payment) obligations.
- Complaints must be submitted as soon as possible, but in any case within 1 month after the incident being complained about, on pain of forfeiture of rights.
- Any legal action by the Passenger arising from this Agreement shall expire one year after the Cruise or, if no Cruise has been made, one year after the invoice date. Before that date, the customer must have brought the claim before the competent court, even if a complaint is still pending.
Article 16 – Applicable Law
- Dutch law applies to the legal relationship between Flagship Amsterdam and the Passenger.
- Flagship Amsterdam has the right to amend these terms and conditions and will notify the Passenger accordingly.
- Flagship Amsterdam may declare additional and/or behavioral rules applicable to these General Terms and Conditions.
- All disputes arising from or in connection with the Agreement between Flagship Amsterdam and the Passenger shall be settled by the competent court in Amsterdam, unless mandatory legal provisions designate another competent court.
Amsterdam, September 6th, 2023