TERMS & CONDITIONS
Rederij Aemstelland B.V.
These terms and conditions apply to agreements for the delivery by or on behalf of Rederij Aemstelland of goods or services such as, but not limited to, shipping or catering services to the customer of those goods or services, hereinafter jointly referred to as “delivery of services”. Deviations from the conditions are only binding for Rederij Aemstelland if they have been accepted in writing by Rederij Aemstelland. Failure to enforce a provision by Rederij Aemstelland in a specific case will not result in the provision being canceled.
1. Conclusion of agreement
1.1 A quotation from the Company of Aemstelland is free of obligation and no rights can be derived.
1.2 An agreement will only come into effect if Rederij Aemstelland has sent a confirmation.
1.3 If the customer’s confirmation has not been returned, Rederij Aemstelland reserves the right to consider the confirmation as expired.
2.1 Boat company Aemstelland strives to deliver the service as agreed in writing.
A time violation and, more generally, the failure to comply with an obligation can be attributed to Rederij Aemstelland alone if the cause thereof is a circumstance that is at risk to Rederij Aemstelland.
At least, strikes, blockages, transport delays, government measures, including risk of bans or diversions, extreme pressure or extremely high water, waterways, fire or explosion, extreme weather conditions including severe frost, energy loss, Machine failure, shortage of raw materials, outflow of hazardous substances, even when these circumstances occur with suppliers or assistants of the Company of Aemstelland, thereby preventing or complicating compliance with its obligations.
2.2 The customer is entitled to a take-off duty.
2.3 The customer can not derive rights to a preference by type of ship or skipper.
2.4 If, unexpectedly, ships are not available, Rederij Aemstelland has the right, after consultation with the customer, to offer a reasonable alternative to one or more ships of another company.
2.5 A shortcoming in the execution of the agreement by Rederij Aemstelland must be notified in writing within 7 days, in writing, of all rights in the matter.
3. Price and payment
3.1 Prices, including quotations, are exclusive of VAT unless stated otherwise.
3.2 In the event of catering or if the prices are dependent on the number of persons, the number of persons as agreed in the confirmation of the shipping company Aemstelland determines the billing. Any changes in the number of persons must always be submitted to Rederij Aemstelland in writing and no later than 72 hours before departure. Shipping company Aemstelland reserves the right to adjust the prices in the aforementioned case.
3.3 Payments, as stated in the confirmation, must be received on the account of the Company of Aemstelland on the stated date. In case of failure to comply with this payment period, Rederij Aemstelland could unilaterally terminate the agreement.
3.5 If, during the delivery of the service, it is decided to extend or extend it, the applicable rate will be charged.
3.6 Payment takes place in Euros on the basis of a bill to be sent to the customer by Rederij Aemstelland. The payment of the invoice must be paid to Rederij Aemstelland at the latest by the due date. There can be no set-off with counter-claims.
3.7 All costs associated with the collection of non-invoiced or non-paid invoices are for the account of the customer. If the customer is in default of payment, Rederij Aemstelland is entitled to charge a legal interest rate plus 3% on an annual basis over the amount owed to the customer. This interest is calculated from the due date.
4.1 If the customer wishes to cancel the agreement, he must inform Rederij Aemstelland in writing as soon as possible. Boat trips and packages can be canceled free of charge up to 21 days before departure, catering up to 14 days before departure. Thereafter 100% will be charged.
5. Liability and damage
5.1 The customer is liable for the (fellow) persons who use the service as well as for goods or animals that the customer or persons have with them. The customer must ensure that directions from the skipper, including, but not limited to, instructions for maintaining the vessel and maintaining the rights of the Company of Aemstelland, are immediately followed. Failure to comply with the particular or any other act or omission of the buyer or persons causing damage results in the full liability for damage and costs for the customer. Damage also means consequential damage.
5.2 Shipping company Aemstelland accepts no liability for loss, theft or damage to goods which the buyer or other persons have with him during the termination of the service.
5.3 Shipping company Aemstelland accepts no liability for bodily or mental injury to the customer or other persons or animals mentioned.
5.4 Shipping company Aemstelland accepts liability if the above-mentioned events are the result of intent or gross negligence by Rederij Aemstelland.
5.5 If a third shipowner is claiming a loss arising from a circumstance which is attributable to the latter in the relationship between Rederij Aemstelland and the buyer, Rederij Aemstelland hereby completely indemnifies this third party claim and reimburses Rederij Aemstelland All costs incurred by Rederij Aemstelland to the defense against that claim.
6. Applicable law and competent court
6.1 The agreement, including the completion thereof, and any supplement thereon shall be governed by Dutch law only. In case of disputes, the competent court of Amsterdam (NL) is the designated court.