TERMS AND CONDITIONS OF THE BBZ/MCVN/TCN
(Association of Professional Sailors / MotorCharterVaart Nederland / Traditional Charter Foundation Netherlands)

TSC – Traditional Sailing Charter BV arranges and reserves the participation in sailing trips for the customer/traveler with the respective ship owner. Contracts between TSC and the customer/traveler are therefore regarded as brokerage contracts.

1. definitions
In these General Terms and Conditions, the following is understood to mean:
a. The shipping agent: a natural or legal person authorized to conclude one or more contractual agreements with the customer as regulated in these General Terms and Conditions.
b. The customer: Natural or legal person authorized to enter into one or more contractual agreements with the shipping agent as regulated in these terms and conditions.
c. The contractual agreement: any agreement between the shipping agent and the customer governed by these terms and conditions.
d. The guest: any third party admitted to the ship on the basis of the contractual agreement concluded by the customer with the ship’s agent.
e. The voyage: the entirety of voyages with a stay on board the ship during the period specified in the contractual agreement.
f. Luggage: Luggage that a customer and/or guest can easily take with them in one go; consisting of suitcases, bags, duffel bags and/or rucksacks.
g. The vessel: the vessel named as such in the contract agreement.
h. The price: the price stated as such in the contract agreement.
i. The captain: the person who is the captain of the ship.

2. scope of application
2.1 These terms and conditions apply to all contractual agreements, which are understood to mean offers concerning the creation of these contractual agreements, which the carrier concludes with the customer with regard to transportation and/or catering and everything related thereto in the broadest sense of the word, unless expressly agreed otherwise.

2.2 These terms and conditions apply simultaneously between the carrier and the guest. The customer undertakes to indemnify and defend the carrier against all claims made by the guest and/or anyone else against the carrier to the extent that the carrier’s liability is excluded if the customer makes such a claim against the carrier.

2.3 These terms and conditions also extend to the benefit of all natural or legal persons of whom the shipping agent, in the broadest sense of the word, makes or has made use when concluding and/or executing the contractual agreement.

2.4 These terms and conditions apply to the exclusion and express rejection of all other terms and conditions, by whomsoever deviating, unless expressly agreed otherwise in writing.

2.5 Individual changes and/or additions must be agreed in writing.

2.6 These terms and conditions may be translated from Dutch into a foreign language. In the event of any disputes in the texts as a result of this translation, the Dutch text shall prevail.

3. the offer / quotation
3.1 A general offer by the shipping agent in the form of brochures, advertisements and websites, among other things, is subject to change and can be revoked by the shipping agent if necessary. Revocation must take place as soon as possible, at the latest within two working days after acceptance by the customer.

3.2 An individual offer will be issued by the shipping agent in writing or electronically, stating the date of issue. This offer shall clearly state whether it is a non-binding or irrevocable offer, including the date.

The offer includes:
a. the total price of the voyage and the percentage to be paid in advance;
b. the method of payment;
c. the maximum number of guests per ship;
d. the place, date and time of embarkation and disembarkation;
The first offer is accompanied by a copy of these General Terms and Conditions.

4. the contractual agreement
4.1 This contractual agreement is concluded, subject to revocation as mentioned in Article 3.1, by acceptance of the offer by the customer. The shipping agent will send a written or electronic confirmation to the customer once the contractual agreement has been concluded.

4.2 The customer shall provide the ship’s agent with all information about himself and the guests registered by him before or at the latest at the start of the trip.

5 Cancellation
5.1 In the event of cancellation of the contractual agreement by the customer, the shipping agent must be informed of this as soon as possible in writing by letter. The date of receipt by the carrier will be noted as the date of termination.

5.2 In the event of cancellation, the customer is liable to pay fixed compensation to the shipping agent.

Compensation ship:
15% if canceled up to 6 months before the date of departure;
20% if canceled up to 5 months before the date of departure;
30% if canceled up to 4 months before the date of departure;
40% if canceled up to 3 months before the date of departure;
50% if canceled up to 2 months before the day of departure;
75% if canceled up to 1 month before the day of departure;
90% if canceled up to 1 day before the day of departure;
100% if canceled on the day of departure.

Compensation for catering and other services:
15% if canceled up to 2 months before the day of departure;
25% if canceled up to 1 month before the day of departure;
50% if canceled up to 2 weeks before the day of departure;
75% if canceled up to 1 week before the day of departure;
95% if canceled up to 1 day before the day of departure;
100% if canceled on the day of departure.

Compensation for co-sailing trips:
30% for cancellations up to 3 months before the date of departure;
50% for cancellations up to 2 months before the date of departure;
75% for cancellations up to 1 month before the date of departure;
100% for cancellations up to 14 days before the date of departure.
Rebooking fees are € 15.

If the damage suffered by the shipping agent as a result of the cancellation exceeds the aforementioned fixed amounts by more than 15%, the shipping agent is also entitled to charge the extra costs to the customer.

5.3 In the event of cancellation, the customer may request the carrier to assign the claims to a third party. If the carrier agrees to the assignment of the claims, the customer will only owe an amount of € 150.00.

6. deferral and termination of the contract
6.1 If one of the parties fails to fulfill its obligations under this contractual agreement, the other party shall be entitled to defer the obligation in question, unless the delay in performance is of such a special nature or minor importance that deferral would not be justified.

6.2 If one of the parties fails to fulfill its obligations under this contractual agreement, the other party shall be entitled to terminate the contractual agreement, unless the delay in performance is of such a special nature or minor importance that termination would not be justified.

6.3 The carrier shall at all times be entitled to terminate the agreement with immediate effect in the event that:
– the customer has filed for bankruptcy, has been granted a moratorium on payment, is subject to debt restructuring, or is placed under guardianship;
– the customer fails to comply with his obligations under this agreement within 5 working days of a written reminder.
– This refers to a situation as described in Article 11 (2), (3) and (4).
– the vessel in question is not available due to unforeseen circumstances and it is not possible to offer another comparable vessel despite the best efforts of the shipping agent.

6.4 Termination or dissolution of the agreement must be made in writing, stating the grounds on which it is based. The contractual agreement shall be deemed to have been terminated out of court after the customer has received the letter of termination, but in any case 5 days after the letter of termination has been sent.

6.5 If the reason for the termination or dissolution of the contract can be attributed to the customer, the resulting damage shall be for the account of the customer.

6.6 The contract is concluded subject to the approval of the sailing area for the respective vessel.

7. price and price changes
7.1 Unless otherwise agreed, the price is exclusive of port, bridge, lock and pilotage dues as well as local taxes and other charges such as visitor’s tax and fuel costs. These costs must be paid by the customer on board.

7.2 Changes in taxes, excise duties and similar taxes imposed by the authorities shall be passed on at all times.

7.3 A price increase will be passed on by the shipping agent if it has an influence on the agreed travel price and if it occurs after the conclusion of the contractual agreement.

7.4 If the price increases by more than 15% as a result of a price increase and as mentioned in the previous paragraph, the customer has the right to terminate the contractual agreement or to waive the contractual agreement.

8. payment
8.1 Payment shall be made on account at the time of reservation, unless otherwise agreed. Payment on account also includes the crediting of the amount owed to an account number specified by the shipping agent or by means of a form of electronic payment recognized by the banks. The value date stated on the account statement of the carrier is noted as the payment date.
8.2 If payment in installments has been agreed, the customer is obliged to pay according to the installments and percentages stated in the contractual agreement.

9. failure to pay on time
9.1 The customer is in default after the payment deadline has passed. The shipping agent sends a payment reminder after this date has passed and gives the customer the opportunity to pay within 5 working days of receipt of this payment reminder.

9.2 If no payment has been received after the expiry of this payment reminder, the shipping agent is entitled to charge interest from the expiry of the payment deadline. The interest rate is equal to the statutory interest rate plus 3% p.a. on the amount owed.

9.3 If the customer remains in arrears with the amount owed after a reminder, the shipping agent is entitled to increase this amount with the collection costs. These collection costs include both judicial and extrajudicial costs. Extrajudicial costs are set at:
15% over the first € 2,500.00 of the claim with a minimum of € 40.00;
10% over the following € 2,500.00 of the claim;
5% over the following € 5,000.00 of the claim:
1% over the following € 15,000.00 of the claim
unless the customer substantiates that the shipping agent suffers less damage.

9.4 Complaints about invoices must be submitted to the shipping agent, preferably in writing and clearly described and explained, within a reasonable time after receipt of the invoice in question.

10. duties of the ship’s agent
10.1 The ship’s agent shall endeavor to perform the voyage to the best of his knowledge and ability and in accordance with the rules of good trade.

10.2 The ship’s agent guarantees that the ship and the crew comply with the legal requirements of the country in which the ship is registered.

10.3 The itinerary is determined by the shipping agent and/or captain in consultation with the customer, unless otherwise agreed in advance.

10.4 At all times, the ship’s agent and/or captain is authorized to change the voyage for nautical reasons. This also includes changing the place of departure and/or place of arrival and/or not setting sail. Nautical reasons are understood to include weather conditions, tides, blockages of shipping routes and the condition of the ship.

10.5 In the cases referred to in the previous paragraph, the carrier and/or skipper will try to find another solution in consultation with the customer. Any additional costs, insofar as reasonable, shall be borne by the customer. The carrier and/or skipper shall decide whether the chosen solution can reasonably be implemented.

11 Obligations of the customer (and guests)
11.1 The customer must hand over the ship at the end of the cruise clean and with a complete inventory and in the same condition in which he found the ship upon embarkation, unless otherwise agreed.

11.2 The customer and the guests must comply with the legal regulations and etiquette during the cruise.

11.3 The instructions given by the ship’s agent and/or captain and/or other ship’s personnel in the interest of order and safety must be strictly followed.

11.4 If, in the opinion of the carrier and/or skipper, the customer and/or guests fail to comply with the provisions of paragraphs 2 and 3, the carrier and/or skipper is entitled to terminate the agreement with immediate effect and/or to deny the customer and/or guests access to the ship with immediate effect, unless the defect does not justify termination of the agreement due to its special nature or minor importance.

11.5 Customers and guests are not permitted to have any items other than luggage on board unless prior express permission has been given by the ship’s agent and/or captain.

11.6 Customers and guests are not permitted to keep (domestic) animals on board, unless prior express permission has been granted by the ship’s agent and/or captain.

11.7 Customers and guests are not permitted to bring on board or possess material or objects that could endanger the health, well-being and/or safety of themselves or others. This includes in any case: dangerous substances, explosives, radioactive and/or toxic substances, contraband, weapons, ammunition and narcotics.

11.8 The customer must provide the ship’s captain with a list of the names of the guests on the day of arrival.

12. force majeure
12.1 Force majeure is understood to mean any unforeseeable circumstance as a result of which the execution of the contractual agreement is delayed or prevented, insofar as this circumstance cannot be avoided by the shipping agent and cannot be attributed to him on the basis of legislation, the contractual agreement or social views.

12.2 Force majeure is also understood to mean an accident involving the ship, as a result of which the ship can no longer be used for the agreed purpose and the accident was not caused by circumstances that the carrier could have foreseen or avoided.

12.3 After termination of the contract due to force majeure, the shipping agent is entitled to compensation for the costs incurred by him insofar as these were incurred before it was to be expected that a force majeure situation would lead to termination of the contract and insofar as the activities were undertaken for the benefit of the customer.

13 Liability of the carrier
13.1 The carrier is not liable for damage caused by death or injury and/or damage to property if caused by a circumstance that a diligent carrier could not have avoided and if the carrier could not have prevented the consequences thereof. The ship’s agent guarantees the quality and functionality of the ship as a means of transportation. It is assumed that a diligent ship’s agent could not have avoided the following circumstances: Fire; explosion; heat; cold; presence of rodents or vermin; rot; leakage; melting; ignition and corrosion.

13.2 The liability of the carrier is only limited in cases of willful misconduct or deliberate recklessness up to the amount specified in the AMvB (Algemene Maatregel van Bestuur) on the basis of Article 8: 518 BW (Civil Code) and 8:983 BW (Civil Code).

13.3 The compensation for damages to which the carrier may be liable due to the failure to fulfill the obligations incumbent on it under Article 10 is limited to the price agreed in the contract for the hire of the vessel.

13.4 If the carrier proves that the fault or omission of the customer and/or guest caused or contributed to the damage, the liability of the carrier is thereby fully or partially waived.

13.5 The carrier is not liable for damage caused by delay, deviation from the agreed start and/or end times or by the provision of a replacement vessel because the agreed vessel is not available due to unforeseen circumstances.

14. liability of the customer (and guests)
The customer is liable for damage caused by him or by guests who remain on board at his invitation, unless the damage is attributable to the actions or omissions of the ship’s agent.

15. complaints
15.1 Complaints about the execution of the Contractual Agreement must be submitted in full and clearly described to the carrier and/or skipper after the Client has discovered or can discover the defects.

15.2 Complaints about invoices must be submitted to the ship’s agent and/or ship’s captain, if possible within 10 working days of receipt of the invoice in question, in writing and with adequate explanation.

15.3 The consequences of late submission of the complaint shall be borne by the customer.

16 Disputes
Dutch law shall apply to all disputes relating to this agreement. Only the court within the judicial district in which the carrier has its registered office is authorized to take cognizance of these disputes. The customer has the right to object to this choice of jurisdiction within one month after the shipping agent has chosen the place of jurisdiction and to opt for arbitration of the dispute by a judge authorized by law.