Terms and conditions

The following definitions apply in these General Terms and Conditions:
SSA; Seven Seas Adventure : natural or legal person who enters into an agreement with a customer. In these General Terms and Conditions from now on SSA.
Client: natural or legal person who concludes an agreement with SSA concerning a boat trip with captain including stay on board the ship VERTROUWEN for him and / or his guests.
Captain: skipper / captain who controls the ship.
Guest: the person who is on board the ship at the invitation of the customer and with the permission of SSA.
VERTROUWEN: the ship that is mentioned as such in the agreement.
Agreement: any agreement between SSA and customer whereby SSA undertakes vis-à-vis the customer to transport the customer and / or his guests on a ship for a fee.
Voyage: the whole of sailing with and staying on board the ship during the period specified in the agreement.

Applicability

These conditions apply to agreements that SSA concludes with the customer. These conditions apply between SSA and customer.
The customer informs his guests of the rules in these terms and conditions.
The customer indemnifies SSA against all claims that the guest makes against SSA, insofar as liability of SSAj would be excluded if the customer were to make this claim against SSAj.
These terms and conditions also apply to all natural and legal persons that SSA, in the broadest sense of the word, uses or has used in concluding and / or executing the agreement.
These terms and conditions apply to the exclusion and express rejection of any terms and conditions applied by the customer, unless the parties expressly agree otherwise in writing.

The definitive offer

A general offer from SSA in the form of brochures, advertisements or websites is without obligation and must be interpreted as an invitation to negotiate.
SSA publishes the definitive offer in writing or by e-mail or website.
The definitive offer will be provided with a date and is irrevocable during the specified period or in the absence of a period within 14 days after the date.
The offer states in any case: • the nature, content and scope of the services to be provided by SSA; • the total price of the cruise, with individual bookings per person and with group bookings per group, and the percentage that must be paid in advance; • the method and term of payment; • the date and time of embarkation and disembarkation. • for group bookings, the maximum number of guests per ship; • for individual bookings, the reservation of cancellation (if applicable) by SSA (plus the period within which) if the required minimum number of registrations is not achieved. • a copy of these terms and conditions, insofar as they have not been provided previously. • the statutory Standard Package Travel Information Form.

Agreement

The agreement is established by acceptance of the offer. In the case of an electronic order, the SSA will send a confirmation by e-mail to the customer.
The agreements are recorded in writing or by e-mail.
A copy of a written agreement must be provided to the customer.

Terms of payment

Payment must be made 14 days after receipt of the invoice, but in any case on the commencement date of the cruise, at the administration of SSA or by transfer to a bank account to be designated by SSA.
If the customer does not pay on time, he will be legally in default without any notice of default. Nevertheless, SSA sends one payment reminder free of charge after the payment date has expired, in which it informs the customer of its default and still gives him the opportunity to pay within 14 days of receiving this payment reminder, stating the extrajudicial collection costs due as a result of non-payment. pay within the fore mentioned period.
After expiry of the period of 14 days, SSA is authorized to collect the amount due to it without further notice of default. If SSA proceeds to do so, the associated extra judicial costs will reasonably be borne by the customer. The shipping company can charge collection costs in accordance with the package travel directive.

Cancellation

If the customer wishes to cancel the agreement, he must inform SSA as soon as possible in writing or by e-mail. The date of receipt by SSA is regarded as the date of cancellation.
In the event of cancellation, the customer owes SSA a fixed compensation of a percentage of the agreed price, namely: Compensation ship: 20% in case of cancellation up to 6 months before departure; 40% in case of cancellation up to 4 months before departure; 60% in case of cancellation up to 2 months before departure; 80% in case of cancellation up to 1 month before departure; 100% in case of cancellation up to 1 week of departure.
The customer can request SSA to be subrogated up to 7 days before departure at the latest. The person replacing the customer must meet all the conditions attached to the agreement. The customer and the person who replaces him are jointly and severally liable for payment of the still-due price of the cruise, the change costs of € 55.00 and any additional costs.
SSA may cancel the agreement if it is unable to execute the agreement due to unavoidable and extraordinary circumstances and it informs the customer immediately and before the start of the cruise.
SSA may terminate the agreement within the period stated in the offer if the number of registrations is smaller than the required minimum number of participants made known prior to the booking.
In the cases referred to in paragraphs 4 and 5 above, SSA will fully reimburse all amounts already paid by the customer for the voyage without having to pay compensation.

Rights and obligations of SSA

SSA guarantees that the ship and the crew comply with the legal requirements and that they are at least equipped with proper safety equipment.
SSA and / or the captain are authorized at all times to change the trip on the basis of (expected) nautical and / or meteorological grounds. This also includes changing the place of departure and / or arrival and temporarily not leaving. Nautical and / or meteorological grounds are understood to include the weather conditions, the tide, blockade of waterways and the condition of the ship.
In the cases mentioned in the previous paragraph, SSA and / or captain will try to find a solution in consultation with the client. Any additional costs, insofar as reasonable, will be borne by the customer. The shipping company and / or captain decides whether the chosen solution can be reasonably implemented.
SSA reminds the client of the obligation from these terms and conditions if, due to unavoidable and extraordinary circumstances, it is not possible to arrange for the return of the client and / or guests as agreed in the agreement, the costs of the necessary accommodation for a maximum of three nights per customer / guest on behalf of SSA.

Rights and obligations of the customer

The customer is obliged to hand SSA or his representative the information requested by SSA as stated on the booking form at the latest at the start of the cruise. 2. The customer and his guests must follow the instructions of SSA and / or captain and / or other crew members at all times. This applies in particular to the rules and instructions that are in the interest of order and safety.
The luggage of the customer and his guests must be of such a size and placed in such a way that no nuisance is caused. This is at the discretion of the commander.
Bringing or having on board dangerous substances, weapons, drugs or contraband is prohibited by the customer and / or his guests.
If VERTROUWEN is unexpectedly not available, SSA is entitled to deploy an equivalent vessel. If this is not possible and the non-availability is the result of a cause that a careful SSA could not have prevented, then SSA is entitled to terminate the agreement.
It is forbidden to bring or have pets on board without explicit prior permission.
The customer informs his guests of the provisions of these conditions that apply to them.

Non-conformity

If one or more services are not performed in accordance with the agreement, SSA will ensure that the non-conformity is remedied, unless that: a. Is impossible; or b. entails disproportionately high costs, taking into account the degree of non-conformity and the value of the relevant services.
The consumer must immediately inform the shipping company of the non-conformity.

Dissolution and suspension

If one of the parties fails to comply with its obligation under the agreement, the other party is entitled to suspend the opposite obligation or to dissolve the agreement, unless the shortcoming, due to its special nature or limited significance, does not justify suspension or dissolution.
Cancellation of the agreement is in any case possible if; – the other party fails, this suspension of payment is granted, there is talk of debt restructuring, or is placed under guardianship; – the other party does not fulfill its obligations under the agreement within 14 days of being notified in writing. – by SSA if there is a situation as mentioned earlier in these conditions. – the ship in question is not available due to unforeseen circumstances and despite sufficient effort from SSA it is not possible to offer another comparable ship in time.
Cancellation or dissolution must be made in writing, stating the grounds on which it is based. The agreement is deemed to be dissolved out of court after the cancellation letter has been received, but in any case 5 days after the cancellation letter has been sent.
If the cause of the cancellation or dissolution can be attributed to the customer and / or guests, the damage ensuing therefrom will be borne by the customer.
In the event of dissolution by SSA the customer may claim compensation for any damage suffered by him, unless SSA failure cannot be attributed. This compensation is limited to the agreed price for the cruise.

Liability

The liability of SSA for damage is limited to three times the amount of the boat trip unless there is personal injury or the damage is caused by intentional or negligent acts of SSA.
If a Treaty or Regulation applies to a service provided, the shipping company may invoke the exclusion or limitation of its liability contained therein.
The limitation period for submitting a claim for compensation is two years.
SSA is not liable if the customer / guest has been able to recover his / her loss under an insurance policy taken out by him / her.
If SSA proves that the customer and / or guest’s fault or negligence caused the damage or contributed to it, the liability of SSA will be fully or partially canceled as a result.
SSA is not liable for loss of or damage to luggage or possessions (including cash, jewelry, electronic equipment or other valuables) if this is the result of insufficient care of the customer, this also includes leaving unattended valuables behind on or in the ship.
The customer is liable for damage caused by him and / or by guests / visitors staying on board the ship at his invitation, unless the damage can be attributed to the actions or omissions of SSA and / or the captain.
SSA is not liable for damage caused by delay, deviation from the agreed start and / or end time or the provision of a replacement ship because VERTROUWEN is not available due to unforeseen circumstances.

Force of the majority

Force of the majority is understood to mean any unforeseeable circumstance as a result of which the execution of the agreement is delayed or prevented, insofar as this circumstance cannot be avoided by SSA and they are not based on the law, the agreement or social views for its own must be taken into account.
Force of the majority is also understood to mean damage to the ship as a result of which the ship can no longer be used for the agreed purpose and the damage cannot be attributed to circumstances that SSA could or should have foreseen or prevented.
If the captain is of the opinion that, in view of the weather conditions, whether or not in combination with the nature of the ship and the group of persons on board, it is not justified to conduct a voyage, this also counts as force of the majority .
After termination of the agreement due to force of the majority , SSA is entitled to reimbursement of the costs incurred by it insofar as these were incurred before the force of the majority situation that led to the termination of the agreement and to the extent that the customer benefits from it. is.

Help and assistance

SSA is obliged to provide help and assistance to the customer and guests if they are in difficulty. If the cause is attributable to the customer and / or guests, the costs of that assistance will be borne by the customer and / or guests.

Insolvency

SSA takes the necessary measures to ensure that if, due to financial inability, he is unable or unable to continue to meet his obligations towards the customer, care will be taken either to take over his obligations from another party or to repay the amount of the trip or , if the boat trip is already partly.