Terms & Conditions - Sloep Huren Utrecht

Article 1. General

1. In these terms and conditions, the following terms are used with the following meanings, unless explicitly stated otherwise.

Sloep Huren Utrecht: Sloep Huren Utrecht, the user of these terms and conditions. (Sloephurenutrecht.nl B.V. Chamber of Commerce number: 64644413) Sloep Huren Utrecht can also be referred to as the provider of boat tours.
Counterparty: the natural or legal person who enters into an agreement with Sloep Huren Utrecht or to whom Sloep Huren Utrecht has issued an offer to which these terms and conditions apply.

2. These terms and conditions apply to every agreement and to all activities of Sloep Huren Utrecht. The acceptance without comment by the Counterparty of an offer or order confirmation referring to these terms and conditions constitutes agreement with the application of these terms and conditions. These terms and conditions also apply to agreements in which Sloep Huren Utrecht involves third parties for the execution of the agreement.

3. Deviation from these terms and conditions is only possible if the parties have expressly and in writing agreed to this in advance. The applicability of any general terms and conditions used by the Counterparty is expressly rejected. Such applicability can only take place validly if the parties expressly agree to this in writing and in advance.

4. If Sloep Huren Utrecht does not require strict compliance with these terms and conditions for a short or longer period of time, this does not affect the right of Sloep Huren Utrecht to demand immediate and strict compliance. The fact that Sloep Huren Utrecht applies the terms and conditions leniently does not grant the Counterparty any rights.

5. Invalid or nullified provisions do not affect the validity and force of the remaining provisions. The invalid or nullified provision(s) will be replaced by new, legally permissible provision(s) that align with the purpose and intent of the invalid or nullified provision(s).

6. Situations not regulated by these terms and conditions, or where there is uncertainty about their interpretation, must be assessed in accordance with the spirit and purpose of these terms and conditions.

7. Sloep Huren Utrecht reserves the right to amend or supplement these terms and conditions. Changes of minor importance can be implemented at any time. If the Counterparty does not wish to accept a change, they may terminate the agreement up to the date on which the new terms and conditions take effect.

Article 2. Offers, Options, and Agreements

Offers and requests are non-binding and valid for a period of 7 days, or as otherwise indicated by Sloep Huren Utrecht. Offers are made subject to availability.
Sloep Huren Utrecht cannot be held to its offers or quotations if the Counterparty can reasonably understand that the offer or quotation contains an obvious mistake or clerical error.
A composite price quotation does not obligate Sloep Huren Utrecht to perform part of the assignment at a corresponding part of the quoted price. Offers and quotations do not automatically apply to future assignments.
Specific actions may be subject to additional conditions.
At the request of the Counterparty, Sloep Huren Utrecht may grant an option/request with a set expiration date. However, Sloep Huren Utrecht is never obligated to grant an option/request. An option/request that is not converted into a definitive booking by the Counterparty before the expiration date will lapse without the need for any notification from either party. An option/request is converted into a definitive booking upon confirmation by both the Counterparty and Sloep Huren Utrecht.
The agreement between Sloep Huren Utrecht and the Counterparty is established at the moment a requested reservation is confirmed in writing by Sloep Huren Utrecht, when the offer or agreement signed by the Counterparty has been received and accepted by Sloep Huren Utrecht, or from the moment Sloep Huren Utrecht, with the consent of the Counterparty, has commenced the execution of the activities.
Sloep Huren Utrecht reserves the right to refuse assignments without stating reasons, to require advance payment, or to set other payment conditions.
A confirmed assignment can be modified by means of a written description of the changes. Changes are only binding on Sloep Huren Utrecht if they have been confirmed in writing by them.
Activities carried out at the request or with the consent of the Counterparty that fall outside the content of the agreement will be reimbursed by the Counterparty to Sloep Huren Utrecht according to the usual rates of Sloep Huren Utrecht. However, Sloep Huren Utrecht cannot be required to comply with such a request for additional work. Furthermore, Sloep Huren Utrecht may require a separate written agreement for additional work.

Article 3. Execution of the Agreement and Obligations of the Counterparty

Sloep Huren Utrecht will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship. All this is based on the state of science known at that time.
If and to the extent that proper execution of the agreement requires it, Sloep Huren Utrecht has the right to have certain activities carried out by third parties.
If Sloep Huren Utrecht deems it necessary, Sloep Huren Utrecht has the right to deploy a different boat or boats than agreed upon. This boat or boats will be suitable for the agreed size of the group.
The Counterparty ensures that all information, which Sloep Huren Utrecht indicates is necessary or which the Counterparty should reasonably understand is necessary for the execution of the agreement, is provided to Sloep Huren Utrecht in a timely manner. This explicitly includes allergy information of the Counterparty’s guests and those accompanying them. Any damage and/or delay caused by the Counterparty not providing the necessary information to Sloep Huren Utrecht in a timely manner will be borne by the Counterparty.
Upon confirmation of the boat trip, the Counterparty will inform Sloep Huren Utrecht of the exact number of passengers, unless already known by Sloep Huren Utrecht. If more passengers are present at the start or during the boat trip than initially indicated, additional costs will be charged. If the number of passengers exceeds the maximum capacity of the vessel, Sloep Huren Utrecht has the right to refuse passengers. In the event of fewer passengers than agreed, the rate will not be adjusted downward accordingly.
Sloep Huren Utrecht may set rules regarding the behavior of the Counterparty and their guests. If it turns out that the Counterparty (or a person from the Counterparty’s group) does not behave in accordance with these behavioral rules of Sloep Huren Utrecht, Sloep Huren Utrecht reserves the right to immediately terminate the agreement with the Counterparty. In such a case, there will be no refund of any monies already paid.
On board, the skipper of Sloep Huren Utrecht is in command. During the trip, Sloep Huren Utrecht reserves the right to interrupt the trip and/or deviate from the discussed route if, in the judgment and opinion of the skipper of Sloep Huren Utrecht, irresponsible or unsafe situations arise or if the stipulated conditions or rules are not followed. The skipper will warn the passengers once. If this does not have the desired effect, the skipper will immediately terminate the trip.
The behavioral rules on the water of the Municipality of Utrecht apply to all our trips. Public urination, jumping overboard, swimming, and throwing waste or objects overboard is strictly prohibited. It is also not allowed to play amplified music on board.
A Counterparty who is not present at the agreed time to start the boat trip has no right to compensation in the form of making up for the missed sailing time or a refund.
It is allowed to bring your own drinks and/or food on boat trips with Sloep Huren Utrecht.
However, it is expressly prohibited to consume excessive amounts of alcohol on board. Drunkenness on board is not accepted. Persons who are under the influence of alcohol at the start of the trip will be denied access to the boat. The skipper of Sloep Huren Utrecht is authorized to remove drunk people from the boat or even to stop the entire trip if he/she believes the situation is unsafe.
If Sloep Huren Utrecht provides catering at the request of the Counterparty, the Counterparty must ensure that Sloep Huren Utrecht receives the order well in advance. The Counterparty must also ensure timely (in advance) payment of the catering. Drinks will be invoiced based on the purchase of individual drinks or based on a drink arrangement. Up to 7 days before the start of the boat trip, the number of people can be adjusted downwards by 10% by the Counterparty. Changes to the number of people are only binding once confirmed in writing by Sloep Huren Utrecht.
The possibility to order arrangements is subject to availability as Sloep Huren Utrecht is dependent on third-party availability. Sloep Huren Utrecht reserves the right to cancel, reschedule, or make another proposal for the placed request.
It is possible that Sloep Huren Utrecht will take photo or video material during the boat trip. By agreeing to these terms and conditions, you agree that Sloep Huren Utrecht may use this material for commercial purposes.

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Article 4. Prices and Payment

All prices or hourly rates applied by Sloep Huren Utrecht, as well as the prices or rates stated in quotations, offers, price lists, etc., are inclusive of VAT and other government levies, unless otherwise indicated.
If after the conclusion of the agreement a price-determining factor undergoes a change, Sloep Huren Utrecht is entitled to adjust the agreed price accordingly.
Sloep Huren Utrecht may increase the agreed rate if it appears during the execution of the work that the originally agreed or expected amount of work was underestimated to such an extent that it cannot reasonably be expected from Sloep Huren Utrecht to perform the agreed work at the originally agreed rate.
Invoices must be paid within 2 weeks after confirmation of the boat trip. If the boat trip will take place within 3 weeks after confirmation, payment must be made within 48 hours. Payment shall be made in euros by means of the payment link sent via email or by transfer to an account designated by Sloep Huren Utrecht. Objections to the amount of invoices do not suspend the payment obligation.
If the Counterparty has not paid within the period specified on the invoice, Sloep Huren Utrecht is entitled, after having reminded the Counterparty to pay at least once, without further notice of default and without prejudice to its other rights, to charge the Counterparty the statutory interest from the due date of the invoice until the date of full payment. If the Counterparty is required to pay in advance and fails to do so in a timely manner, Sloep Huren Utrecht is entitled to suspend or cancel the execution of the agreement.
If the Counterparty is in default or in arrears in the performance of its payment obligations, all reasonable costs incurred to obtain satisfaction – both in and out of court – shall be borne by the Counterparty. In any case, in the event of a monetary claim, the Counterparty shall be liable for collection costs.
Payments made by the Counterparty shall always be deemed to discharge firstly all interest and costs due, and secondly the oldest outstanding invoices, even if the Counterparty states that the payment relates to a later invoice.
In the event of liquidation, bankruptcy, or suspension of payment by the Counterparty, the claims of Sloep Huren Utrecht and the obligations of the Counterparty towards Sloep Huren Utrecht become immediately due and payable.

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Article 5. Cancellations, No-show, Suspension, and Termination

Agreements can be cancelled with the consent of Sloep Huren Utrecht and in accordance with the contents of this article.
The fact that the Counterparty is not at the agreed time at the agreed place (no-show) shall never be considered as a valid cancellation. The Counterparty will therefore be liable to Sloep Huren Utrecht for 100% of the agreed tariff. Sloep Huren Utrecht always waits for 30 minutes at the agreed time and place for the Counterparty and their guests. If the Counterparty and their guests are still not present after this 30-minute period, Sloep Huren Utrecht will consider this as a no-show, and the Counterparty will be liable for all associated costs.
Cancellation of a non-binding request by the Counterparty can be made free of charge until the confirmation of the boat trip. Upon cancellation of a boat trip confirmed by both parties, the following rates will be charged: – after confirmation of the boat trip: 25% of the agreed tariff – 4 weeks or less before commencement: 50% of the agreed tariff – 2 weeks or less before commencement: 100% of the agreed tariff and any other costs already incurred by Sloep Huren Utrecht.
In case of very bad weather, Sloep Huren Utrecht offers cancellation options on the day of the boat trip. Very bad weather is defined as persistent rain combined with strong winds and/or thunderstorms – at the discretion of Sloep Huren Utrecht on the respective day. In case of cancellation due to very bad weather, the Counterparty owes Sloep Huren Utrecht 50% of the total agreed rental fee, plus reimbursement of any catering costs already incurred and any other costs already incurred by Sloep Huren Utrecht. However, in such a case, the Counterparty also has the option to reschedule the boat trip at no cost. In the event of rescheduling a boat trip where catering has already been ordered, the initially ordered catering and any other costs already incurred by Sloep Huren Utrecht must be paid in full. Therefore, there is no refund of the paid amounts, and any outstanding invoices must be settled.
The cancellation costs and rescheduling costs are due and payable in a similar manner as invoices sent by Sloep Huren Utrecht.
If the agreement is cancelled by Sloep Huren Utrecht, Sloep Huren Utrecht will, in consultation with the Counterparty, ensure the transfer of any work yet to be performed to third parties, unless there are facts and circumstances underlying the cancellation that are attributable to the Counterparty.
In the event that a Counterparty fails to fulfill (a part of) its obligations arising from the agreement with Sloep Huren Utrecht or does not fulfill them in a timely manner, Sloep Huren Utrecht has the right to suspend its obligations or terminate the relevant agreement, without any notice of default or judicial intervention being required. This is without prejudice to the other rights of Sloep Huren Utrecht, including the right to claim damages. The same applies when, after the conclusion of the agreement, facts and circumstances become known to Sloep Huren Utrecht that give good reason to fear that the Counterparty will not (fully) fulfill its obligations under the agreement or that performance of the agreement cannot reasonably be expected from Sloep Huren Utrecht.
If the Counterparty: – is declared bankrupt, applies for a suspension of payments, or is otherwise no longer able to freely dispose of its assets; – dies or is placed under guardianship; – does not pay a bill amount or a portion thereof within the specified period; – ceases or transfers its activities and/or business or a significant part thereof; Sloep Huren Utrecht shall have the right, solely by the occurrence of one of the above-mentioned circumstances, to consider the agreement as dissolved without any notice of default or judicial intervention being required.
Claims of Sloep Huren Utrecht against the Counterparty become immediately due and payable in the event of the above.
If Sloep Huren Utrecht cannot proceed with a confirmed boat trip due to measures imposed by the government regarding Covid-19, Sloep Huren Utrecht offers the option to convert the boat trip into a voucher worth the agreed amount. A voucher is not redeemable for cash.
If the Counterparty wishes to reschedule the boat trip due to Covid-19 infections within the group, Sloep Huren Utrecht offers this option up to 24 hours before the start time of the boat trip, subject to payment of the skipper’s costs. In that case, the Counterparty will receive a voucher worth the agreed amount. A voucher is not redeemable for cash.

Article 6. Liability of Sloep Huren Utrecht

If Sloep Huren Utrecht should be liable, then this liability is limited to what is stipulated in this provision. The limitations of liability of Sloep Huren Utrecht as included in this provision do not apply if the damage is due to intent or gross negligence of Sloep Huren Utrecht and/or its subordinates.
Sloep Huren Utrecht is not liable for damage that arises because it relied on incorrect and/or incomplete data provided by the Counterparty (or its guests), unless this inaccuracy and/or incompleteness should have been apparent to it. The Counterparty is responsible for providing necessary or useful information, for example regarding dietary requirements of its guests.
Sloep Huren Utrecht cannot be held liable for personal injury or (consequential) damage of any kind, regardless of the cause of such injury or damage, prior to, during, or as a result of the agreement between Sloep Huren Utrecht and the Counterparty.
Sloep Huren Utrecht is not liable for loss and/or damage to property brought by the Counterparty onto the vessel.
Sloep Huren Utrecht is only liable for direct damage caused by an attributable shortcoming in the performance of the obligation(s) arising from the agreement. Direct damage is understood to mean reasonable costs to determine the cause and extent of the damage, insofar as the determination relates to the damage as intended in these terms, reasonable costs to have the defective performance of Sloep Huren Utrecht comply with the agreement, insofar as these can be attributed to Sloep Huren Utrecht, and reasonable costs to prevent or limit damage, insofar as the Counterparty demonstrates that these costs have led to limiting direct damage as intended in these general terms and conditions.
Sloep Huren Utrecht is never liable for indirect damage, including consequential damage, loss of profit, missed savings, and damage due to business interruption. Sloep Huren Utrecht cannot be held liable in the event of force majeure either.
If Sloep Huren Utrecht should be liable for any damage, then the liability of Sloep Huren Utrecht is limited to the amount that the insurer of Sloep Huren Utrecht will pay out. If the insurer of Sloep Huren Utrecht does not make any payments, the liability of Sloep Huren Utrecht is limited to the invoice value of the assignment, or to that part of the agreement to which the liability relates.
The Counterparty indemnifies Sloep Huren Utrecht against all claims from third parties arising from or related to the agreement between Sloep Huren Utrecht and the Counterparty.

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Article 7. Liability of Counterparty

In cases of recklessness, negligence, and/or failure to comply with instructions from Sloep Huren Utrecht, the Counterparty can be held fully liable for the resulting damages without Sloep Huren Utrecht invoking its insurance.
The Counterparty and their guests or those accompanying them are jointly and severally liable for all damages incurred or to be incurred by Sloep Huren Utrecht as a direct or indirect consequence of non-performance and/or wrongful act (including violation of the contents of these general terms and conditions) committed by the Counterparty and/or their guests and/or those accompanying them, as well as for damages caused by any property they hold or oversee.

Article 8. Force Majeure

Sloep Huren Utrecht is not obliged to fulfill any obligation towards the Counterparty if it is hindered from doing so as a result of a circumstance that is not attributable to fault, and for which neither under the law, weather conditions, a legal act, nor prevailing opinions in the industry can be held responsible. Sloep Huren Utrecht may suspend the obligations under the agreement for the duration of the force majeure. If this period lasts longer than two months, then each party is entitled to terminate the agreement without obligation to compensate damages to the other party. If the aforementioned situation occurs when the agreement has been partially executed, the Counterparty is obliged to fulfill their obligations towards Sloep Huren Utrecht up to that moment. Sloep Huren Utrecht is entitled to invoice separately for the part already performed or to be performed. The Counterparty is obliged to pay this invoice as if it were a separate agreement. Weather conditions are expressly excluded from this article. How Sloep Huren Utrecht deals with force majeure situations due to inclement weather is outlined in Article 5.4.
For the purposes of these general terms and conditions, force majeure shall be understood, in addition to what is understood in the law and jurisprudence, as all external causes, foreseen or unforeseen, over which Sloep Huren Utrecht cannot exercise control, but which prevent Sloep Huren Utrecht from fulfilling its obligations. This includes strikes in the company of Sloep Huren Utrecht or third parties. Sloep Huren Utrecht also has the right to invoke force majeure if the circumstance prevents (further) performance of the agreement.

Article 9. Complaints

Complaints must be submitted in writing and substantiated to Sloep Huren Utrecht, no later than five working days after the complaints arise.
Sloep Huren Utrecht will communicate its position on the complaint to the complainant within 14 days of receiving the complaint. This will also be done in writing and substantiated. If a complaint is justified, Sloep Huren Utrecht will still perform the services as agreed, unless the Counterparty indicates that this has become meaningless for them in the meantime. If the performance of the agreed services is no longer possible or meaningful, Sloep Huren Utrecht will only be liable within the limits of Article 6 of these general terms and conditions.
Complaints do not suspend the payment obligation of the Counterparty.

Article 10. Applicable Law and Competent Court

Dutch law applies to all agreements between Sloep Huren Utrecht and the Counterparty to which these general terms and conditions apply.
Any disputes between Sloep Huren Utrecht and the Counterparty that may arise and cannot be resolved amicably will be exclusively submitted to the competent court in the Amsterdam district.

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