Terms & Conditions Rock That Boat
Rock That Boat is a trading name under Lazy Jack BV, KVK number 32119390 Amsterdam
(conditions are filed with the Amsterdam Chamber of Commerce)
Article 1: Definitions
In these terms and conditions shall be subject to the following :
a) Rock That Boat: and the brandname Rock That Boat -Private Boat Gathering
b) Client: the (potential) buyer / customer is either a consumer or a professional client;
c) Consumer: a person not acting in the exercise of a profession or business;
d) Professional Client means any entity that does not fall under the definition consumer.
Article 2: Applicability of these terms and conditions
2.1 These terms apply to all quotations and contracts issued by Rock That Boat, Unless agreed otherwise in writing, the other party shall be assumed to have accepted these terms and conditions.
2.2 Anyone who participates in a cruise offered by RTB shall be deemed to have read and understood the contents of these general terms and conditions and to agree them.
2.3 These general terms and conditions are standard and permanent terms and conditions and apply to future subsequent and/or supplementary offers as well as to contracts or the conclusion and/or execution thereof. Any general terms and conditions that the other party may utilise do not apply, unless RTB has expressly accepted these in writing. The fact that RTB has signed documents of the client to which such general terms and conditions are declared to apply will not be deemed to constitute written acceptance thereof by RTB
2.4 In case of conflict between the Dutch text of the General Conditions and translations thereof, the Dutch text will prevail
Article 3: Offers and Tenders
3.1 All offers are without obligation, unless a term for acceptance is stated in the offer.
3.2 All Rock That Boat quotations are free. They are valid for 14 days, unless otherwise indicated. Rock That Boat is only bound by the offers if the acceptance is confirmed by Client.
3.3 A contract is established when RTB confirms in writing to client that the order has been accepted or else when the other party signs the contract. In urgent cases the contract may also be established orally. In this instance, the fact that RTB has executed the order that was granted demonstrates that a contract has been established, and RTB shall confirm the contract in writing within 48 hours.
3.4 All quotations by Rock That Boat and any amounts charged by Rock That Boat to Client, include VAT and are in Euros, unless otherwise stated or agreed between the parties. Rock That Boat reserves towards the Client the right to make reasonable price changes as appropriate.
3.5 If an offer is accepted, Rock That Boat has the right (for 48 hours) to withdraw the offer.
3.6 Offers or quotations do not automatically apply to future assignments.
Article 4: E-tickets
4.1 Agents and other providers of e-tickets like Groupon provide e-tickets with a unique bar code. The e-tickets are instantly downloadable after payment, in addition e-tickets are digitally sent to the specified email address.
4.2 Rock That Boat is not liable for the performance, payment and other logistics related to the provision of e-tickets and refers to the agent or intermediary party.
4.3 Client must print the e-tickets themselves.
4.4 E-tickets are being checked before entering the boat. Each e-ticket can be used only once. After checking at the entrance the e-ticket loses its value.
4.5 The barcodes on the e-ticket can not be folded or damaged. If damaged, the access to the goods in use by Rock That Boat may be refused.
4.6 E-tickets have a legal 'trial period' of seven days (based on Article 7: 46i paragraph 3 BW)
4.7 Rock That Boat reserves the right without reason to refuse an order or to cancel. Customer will be informed accordingly.
Article 5: Force majeure
5.1 If Rock That Boat due to a force majeure can not meet its obligations, there will be no right for refunds or compensations.
5.2 Force majeure as defined in these conditions ( and in addition to that which is in the law and jurisprudence) are all external causes, foreseen or unforeseen:,Such circumstances are: fire, accident, illness, pandemic, strikes, riots, war, government measures and transport barriers.
5.3 Specific force majeure conditions for all boat(round) trips in Amsterdam are: extreme weather conditions (strong storm and / or ice and / or high water), early nightfall and technical vessel disasters (failure of engines)
Article 6: Conduct
6.1 When purchasing a service from Rock That Boat Client accepts explicitly and without reservation the applicability of the code of conduct of Rock That Boat specified in the terms and conditions.
6.2 Rock That Boat is entitled to remove Clients who misbehave or are in apparent condition of too much alcohol or drugs.
6.3 Client must observe all instructions of Rock That Boat or its employees . 6.4 (House) Animals are are not allowed on the boats
6.5 The access to one of the boats may be refused without giving reasons, if deemed necessary by Rock That Boat. Examples of refusal in case of safety, overcapacity, public order, technical damage and nuisance. In these cases client is not entitled to a refund or compensation.
6.6 If instructions are not followed, Rock That Boat has the right to abort the voyage. Client may not claim any refund or compensation.
Article 7: Boat Trip specific conditions
a) The maximum number of people in the boats must never exceed the number for which the boat is approved by Waternet Amsterdam or CVO;
b) Rock That Boat reserves the right in special cases to charge a deposit or cleaning fee. The amount is determined by Rock That Boat;
c) Client is asked to sign a navigation command to confirm the performed service;
d) Client is not entitled to a certain type of boat or a specific boat, unless otherwise agreed. Rock That Boat can at all times use a replacement vessel without consulting client.
Article 8: Catering
8.1 On-board catering is provided exclusively by Rock That Boat unless expressly agreed otherwise between the parties.
8.2 Client is obliged to catering costs as specified in the quote .
8.3 Personal catering (mastic and towels) should be environmentally friendly and reusable.
8.4 Rock That Boat calculates a surcharge for administration costs on consumed beverages in bars and restaurants.
8.5 Rock That Boat reserves the right for the guests to ask for an identification to verify the age associated with providing alcoholic beverages.
8.6 Rock That Boat reserves the right to limit alcoholic beverages in case of over consumption and misbehavior of Client
Article 9: Intellectual Property
9.1 Guests may be photographed or filmed on board of one of the Rock That Boat boats. Rock That Boat always reserves the right to use this material for publication.
Article 10: Liability
10.1 Rock That Boat is never liable for damage and / or loss of property of the Client. Client takes all his or her belongings at his own risk on board. Client must purchase the necessary insurance coverage at his own risk.
10.2 Rock That Boat is not liable for damage caused by death or injury of the Client, unless caused by intent or gross negligence of Rock That Boat.
10.3 Rock That Boat is never liable for damage to persons or property of the Client embarking or disembarking the boats, including the departure jetty. Client enters jetty and boat at his own risk.
10.4 Rock That Boat is never liable for damage caused by delay in departure or during the cruise.
10.5 Rock That Boat is never liable for indirect or consequential damages, including (but not limited to) loss of profits, loss due to business interruption and / or lost profits of the Client.
10.6 Rock That Boat shall not be liable for any acts and omissions of their subordinates under Article 6: 170 of the Civil Code and other persons referred to in Article 6: 171 BW.
10.7 To the extent that Rock That Boat is liable for any damage, this liability is limited to the amount covered by its insurance.
10.8 To the extent that Rock That Boat is liable for any damage that is not covered by its insurance, this liability be limited to the amount of the invoice amount.
10.9 Client is liable for damage caused by Client on behalf of Rock That Boat’s third parties
10:10 Customer is liable for harm caused by the Client or his baggage to Rock That Boat or its staff. The captain is authorized to refuse baggage on the vessel.
10:11 All activities organized by Rock That Boat are for the sole risk of Client. 10.12 Client will indemnify Rock That Boat of claims by third parties.
Article 11: Payment
a. The other party must make payments to RTB in accordance with the payment conditions specified in the invoice, without adjustment or postponement for any reason whatsoever. If no such conditions are specified, payment must be made within fourteen days after the date of the invoice. In any case, the entire amount must be paid at the latest two days before the cruise. Payment must be made without the client being permitted to block his payment obligation by levying an attachment on his own behalf in respect of a counterclaim against RTB or otherwise. The other party will be in default if the payment has not been received within the agreed period.
b. RTB must receive any complaints in writing concerning invoices within 8 days after the invoice date.
c. RTB reserves the right to demand payment in advance.
d. With regard to giro payment, the date of payment is deemed to be the date upon which RTB giro account has been credited. With regard to cash payment, the receipt issued by RTB is deemed to be the sole proof and confirmation of the date of payment.
e. Payment must be made within the specified period, in the absence of which the other party will be legally in default. Commencing on the date of default, the other party will be liable to pay contractual interest of 2% per month, with a portion of a month being viewed as an entire month. In addition, RTB is then authorised to suspend the execution of the contract, and the other party is obliged to reimburse all costs, both judicial and extrajudicial, which RTB incurs as a consequence of the other party's failure to fulfil his obligations.
Costs resulting from failure to pay (on time)
a. All costs incurred by RTB in order to enforce its rights, including all extrajudicial and judicial costs, due to the need to obtain the services of a representative, solicitor, or process-server, are for the account of the client.
b. Any relevant extrajudicial costs equal to at least 15% (excluding VAT) of the amount being claimed, with a minimum of EUR 500 (excluding VAT) per claim. If RTB can reasonably demonstrate that it was, of necessity, compelled to incur higher extrajudicial costs, these, too, will be for the account of the other party. All costs associated with debt recovery through the courts are for the account of the other party, including the costs of enforcing a court decision.
c. RTB retains the right, without prejudice to its other rights in accordance with the terms and conditions and/or the law:
d. To demand immediate payment and/or a guarantee of payment from the other party with respect to all contracts in progress;
e. To suspend its work, including that based on other contracts with the other party, without prejudice to its right to demand simultaneous or later guarantees of payment. f. To dissolve the relevant contract in its entirety or to the extent that it has not been executed, by way of a written statement originating from RTB;
g. To dissolve one, several, or all contracts in progress with regard to which the other party is not in default, in their entirety or to the extent that these have not yet been executed, by way of a written statement from RTB.
h. To demand payment in a lump sum of the entire amount due if payment in instalments has been agreed upon.
i. Unless it invokes its right to dissolve the contract, RTB is authorised at all times to amend any of the rights specified in this article at its discretion.
Article 12: Cancellations and Delays
12.1 After completion of the agreement, the Client owes the following percentages of the total invoice amount for cancellation:
- More than 8 weeks before the agreed date of the execution of the agreement: 10%; - Between 8-4 weeks before the agreed date of the execution of the agreement: 20%; - Between 4-2 weeks before the agreed date of the execution of the agreement: 33%; - Between 2-1 weeks before the agreed date of the execution of the agreement: 50%; - Between 7-2 days before the agreed date of the execution of the agreement: 75%;
- Within 48 hours before the agreed date of the execution of the contract: 100%. 12.2 Client is always obliged € 25, - to pay administrative costs.
12.3 Cancellations by Client can only be done in writing.
12.4 Reducing the number of participants can made no later than 48 hours without prior to the agreed date of the execution of the agreement by client, unless otherwise agreed. By reducing the number of participants, the cancellation provisions apply mentioned in Article 12.1
12.5 A reasonable per person price will be surcharged in case of extra passengers. The amount needs to be paid onboard. Rock That Boat will decide on the acceptance of additional passengers (if the number indicated on the offer is exceeded)
Article 13: Complaints
13.1 Complaints regarding invoice amounts and / or the Rock That Boat services must be made in writing to Rock That Boat within 5 days after the date of the invoice or 5 days after the day the service is provided.
13.2 Notwithstanding Article 13.1, any complaints about the catering will have to be reported on the evening itself and explicitly to the staff.
Article 14. Waiver of rights and limitation
14.1 A distance of one or more rights of Rock That Boat in relation to a breach of any provision of these terms does not waive one or more rights with respect to breach of other provisions or with regard to a subsequent breach of that provision .
Article 15: Termination and Amendment Agreement
a. If, in the opinion of RTB, the creditworthiness of the other party justifies this, RTB can demand a further guarantee or payment in advance at any given time, in the absence of which RTB has the right to suspend execution of the contract.
b. If the other party fails to fulfil one or more of his obligations, fails to fulfil them on time or fails to fulfil them correctly, if he applies for suspension of payments, is declared bankrupt, part or all of his assets are seized and/or loses the power to dispose of his capital in whole or in part, RTB has the right to suspend execution of the contract or to dissolve it by means of a written statement, all of the foregoing at its discretion and without prejudice to any rights that may accrue to RTB as regards payment of damages, costs or interest.
c. RTB s use of its authorisation to suspend the execution of the contract as stated in the paragraph above will not affect the other party's obligation to pay any compensation agreed upon with RTB during the period when RTB suspended fulfilment of its obligations.
d. The other party can only dissolve a contract if RTB remains imputably in default as regards fulfilment of its obligations based on the contract, after it has received proper written notice of default granting it a reasonable period of time still to meet its obligations, in such a manner that the other party cannot reasonably be expected to allow the contract to remain in effect.
e. If RTB dissolves the contract due to non-performance on the part of the other party, RTB reserves the right to demand payment of the full agreed price.
f. Dissolution of the contract can only be effected by registered letter sent to the other party; judicial intervention is not required. If at the time that the contract is dissolved the other party has already received work forming part of the execution of the contract, he may only dissolve the part of the contract that has not yet been executed by RTB. Amounts that RTB has invoiced before the contract was dissolved in connection with the part of the contract it has already executed or delivered continue to be payable without diminution, and will fall due immediately at the time the contract is dissolved.
g. If the condition of the canals or other conditions of service and / or activity, require or justify actions for safety, Rock That Boat has at all times the right to terminate (part of) its sailing schedules, to change or cancel routes or activities without Client’s approval and without any refund or compensation.
Article 16: Applicable law and competent court
Dutch law applies to these general terms and conditions and all contracts entered into by Rock That Boat. Any disputes that may arise with regard to the interpretation
or the execution of these terms and conditions shall be submitted exclusively to the competent court in Amsterdam.
In case of conflict between the Dutch text of the General Conditions and translations thereof, the Dutch text will prevail