Article 1. Definitions
1.1 In these general terms and conditions the following terms are used in the following meaning:
a. SHA: Sloephurenamsterdam.nl, a sole trader of M. ’t Hoen, established in Amsterdam and registered in the trade register under number 57649669.
b. Other party: a natural person of 18 years or older or a legal person who is a contracting party of SHA.
c. Parties: SHA and Counterparty jointly
d. Third: any other (legal) person, not the SHA or the Other Party.
e. Agreement: any agreement concluded between SHA and the Other Party to organize and offer or rent out Services by SHA.
f. Service: every activity offered by SHA.
g. Event: an event is understood to be a special occasion (such as King’s Day, Gaypride, Sail etc.) or an event outside regular sailing.
h. Booking: a reservation made by the Other Party for one of the Services of SHA.
i. Conditions: these general conditions.
j. Laws and regulations: all laws (Shipping Traffic Act Svw), rules such as the General Sailing Rules for water sports and professional sports and regulations such as Inland Waterways Police Regulations
Article 2. Applicability
2.1 These general terms and conditions apply to all offers, quotations, agreements and services from SHA, unless otherwise agreed in writing.
2.2 All offers and quotations from SHA are without obligation, unless explicitly stated otherwise. Previous quotations, quotations and the like are deemed to have been revoked after the issuance of a new quotation, quotation and the like.
2.3 SHA cannot be held to its offers or quotations if the Other Party can reasonably understand that the offers and quotations, or a part thereof, contain an obvious mistake or error.
2.4 Any general terms and conditions that are used by the Other Party or to which the Other Party may refer in any way are hereby expressly rejected, unless these have been expressly accepted in writing by SHA.
2.5 Deviations from the Conditions must be explicitly agreed in writing. No rights can be derived from such deviations with regard to legal relationships entered into later.
2.6 Invalidity or invalidity of parts of the Terms does not affect the validity of other provisions of these Terms.
2.7 SHA is entitled to change or supplement the Terms and Conditions. Changes of minor importance can be made at any time. Major substantive changes are discussed (in advance) with the Other Party.
Article 3. The Agreement
3.1 An Agreement between SHA and the Other Party can be concluded both orally and in writing, including the establishment by electronic means on sloephurenamsterdam.nl.
3.2 If the Agreement is concluded via a non-committal quotation made by SHA, the Agreement will only be concluded if SHA has confirmed the order in writing or has commenced its implementation.
3.3 Obvious mistakes or errors in SHA’s offer and commitments from Third Parties for which SHA could not have known, do not bind SHA.
3.4 Information in catalogs, brochures and on websites are binding on SHA, subject to the provisions of 3.3. Nevertheless, SHA reserves the right to change this information before the Agreement is concluded, provided that the Other Party is notified of this in advance. SHA is not responsible for printing errors.
Article 4. Delivery, implementation, changes and price increases
4.1 If a period has been agreed or specified for the completion of certain activities or for the delivery of certain goods, this is never a strict deadline. If a term is exceeded, the Other Party must therefore give SHA written notice of default. SHA must thereby be offered a reasonable period of time to implement the Agreement.
4.2 SHA has the right to have certain work done by Third Parties.
4.3 SHA is entitled to execute the Agreement in different phases and to invoice the executed part separately.
4.4 If the Agreement is executed in phases, SHA can suspend the implementation of those parts that belong to a following phase until the Other Party has approved the results of the preceding phase in writing.
4.5 If SHA requires information from the Other Party for the implementation of the Agreement, the implementation period will not commence until after the Other Party has made it available to SHA correctly and completely.
4.6 If during the execution of the Agreement it appears that for a proper implementation thereof it is necessary to change or supplement it, then the parties will proceed to adjust the Agreement in a timely manner and in mutual consultation. If the nature, scope or content of the Agreement, whether or not at the request or indication of the Other Party, of the competent authorities, etc., is changed and the Agreement is thereby amended in qualitative and / or quantitative terms, this may have consequences for what was originally agreed. As a result, the originally agreed amount can be increased or decreased. SHA will provide a quotation for this as much as possible in advance. Due to a change in the agreement, the originally specified term of implementation can be changed. the Other Party accepts the possibility of changing the agreement, including the change in price and execution time.
4.7 If the Agreement is amended, including an addition, then SHA is entitled to implement it only after it has been approved by the person authorized within SHA and the Other Party has agreed to the price and other conditions specified for the implementation, including the time to be determined at which time it will be implemented. Failure or immediate implementation of the amended Agreement also does not constitute a breach of contract by SHA and does not constitute grounds for the Other Party to terminate the Agreement.
4.8 Without failing to do so, SHA may refuse a request to amend the Agreement if this could have a qualitative and / or quantitative effect on, for example, the work to be performed or the goods to be delivered in that context.
4.9 If, at the conclusion of the Agreement, SHA agrees on a specific price, SHA is nevertheless entitled to increase the price under the following circumstances, even if the price was not originally stated with reservation:
a. if the price increase is the result of a change to the agreement;
b. if the price increase results from an authority vested in SHA or an obligation imposed on SHA by law;
c. in other cases, this on the understanding that the Other Party that is not acting in the exercise of a profession or business is entitled to dissolve the agreement by means of a written statement if the price increase exceeds 10% and takes place within three months after the conclusion of the agreement, unless SHA is then still prepared to execute the agreement on the basis of the original agreement, or if it is stipulated that the delivery will take place longer than three months after the purchase.
Article 5. The booking and confirmation
5.1 SHA accepts bookings in advance online or by telephone, subject to availability. The booking is valid for Parties from the moment SHA has confirmed the booking in writing or digitally.
5.2 Bookings made online and by telephone will be confirmed by e-mail via the specified e-mail address. SHA is not liable if the e-mail address entered or passed on by the Other Party is incorrect or the confirmation of the booking does not arrive due to other technical reasons.
5.3 In certain cases SHA can ask for a deposit when confirming the booking. In the event that a deposit is not paid or not paid on time, the Other Party remains bound to meet the payment obligation from the Agreement.
5.4 SHA is entitled but not obliged to cancel the Agreement in the event of non-payment or late payment of the deposit by sending a written or digital message of cancellation.
Article 6. Payment and collection
6.1 Payment of the total invoice amount must always be made within 14 days after the invoice date, in a manner to be indicated by SHA in the currency in which the invoice was made, unless otherwise indicated by SHA in writing. The payment must in any case be paid in full before the due date specified in the Agreement, but no later than 1 business day before the Agreement is executed between the parties. SHA is entitled to invoice periodically.
6.2 If the Other Party fails to pay an invoice on time, the Other Party is legally in default. The Other Party will then owe interest. In the case of consumer purchase, the interest is equal to the legal interest. In other cases, the Counterparty owes an interest of 1% per month, unless the legal interest is higher, in which case the legal interest is due. The interest on the claimable amount will be calculated from the moment that the Other Party is in default until the moment of payment of the full amount due.
6.3 SHA has the right to have the payments made by the Other Party go first of all to reduce the costs, then to reduce the interest still due and finally to reduce the principal sum and the current interest.
6.4 SHA can, without being in default as a result, refuse an offer for payment if the Other Party designates a different order for the allocation of the payment. SHA can refuse full repayment of the principal if the outstanding and current interest and collection costs are not also paid.
6.5 Objections to the amount of an invoice do not suspend the payment obligation.
6.6 After the Other Party is in default in the (timely) fulfillment of its obligations, all reasonable costs for obtaining extrajudicial settlement will be borne by the Other Party. The extrajudicial costs are calculated on the basis of what is customary at that time in Dutch collection practice. However, if SHA has incurred higher costs for collection that were reasonably necessary, the costs actually incurred are eligible for reimbursement. Any legal and execution costs incurred will also be recovered from the Other Party. The Other Party also owes interest on the collection costs.
Article 7. Cancellation conditions
7.1 The Other Party can cancel the Booking in writing at SHA.
7.2 The Other Party can only cancel the Booking of a combination of arrangements or a package in its entirety and not each part separately.
7.3 In the event of cancellation, the Other Party will owe fixed compensation for:
a. More than 8 weeks before the agreed date for the implementation of the Agreement: 10% of the agreed rent.
b. Between 8-4 weeks before the agreed date for the implementation of the Agreement: 20% of the agreed rent.
c. between 4-2 weeks before the agreed date for the implementation of the Agreement: 33% of the agreed rent.
d. between 2-1 weeks before the agreed date for implementation of the Agreement: 50% of the agreed rent.
e. between 7-2 days before the agreed date for the implementation of the Agreement: 75% of the agreed rent.
f. within 48 hours before the agreed date for the implementation of the Agreement: 100% of the agreed rent.
7.4 In all cancellation cases, as stated in paragraph 7.3, a minimum of € 75.00 excluding VAT applies.
7.5 If the Other Party cancels the Agreement during an event, irrespective of the provisions in paragraph 7.3 and with the exception of the provisions in paragraph 7.9, the Agreement between the parties will be terminated on the understanding that the Other Party will owe 100% of the agreed rent.
7.6 In the event of a reduction in the number of participants within a margin of 10%, the Other Party may provide free of charge in writing up to 48 hours before the agreed date for execution of the Agreement, unless otherwise agreed. When reducing the number of participants greater than 10%, the cancellation provisions mentioned under paragraph 7.3 of this provision apply.
7.7 For additional participants who have not been registered 48 hours prior to the Services, a reasonable price will be charged extra. SHA decides whether or not to allow extra participants if the number of participants indicated on the offer, quotation or the Agreement is exceeded.
7.8 If the Other Party and the other participants are not present at the location agreed with SHA and not at the time agreed with SHA, the additional costs incurred by SHA as a result will be charged to the Other Party. This is without prejudice to the right of SHA to cancel the activity / activities in such a case, whereby the percentages referred to in paragraph 7.3 apply mutatis mutandis.
7.9 In the event of extremely bad weather conditions (such as code red, wind force 7 and higher), the lessor reserves the right to cancel the agreement without any obligation to pay damages.
Article 8. Interim cancellation, dissolution and suspension
8.1 If the agreement is terminated prematurely by the User, the User will arrange for the transfer of work still to be performed to third parties in consultation with the Other Party. This unless the cancellation is attributable to the Other Party. Unless the interim termination is attributable to the User, the costs for transfer will be charged to the Other Party. The User shall inform the Counterparty in advance as much as possible regarding the extent of these costs. The Other Party is obliged to pay these costs within the period specified by the User, unless the User indicates otherwise.
8.2 The User is entitled to suspend compliance with the obligations or to terminate the agreement immediately and with immediate effect if:
the Counterparty does not, not fully or not timely fulfill the obligations arising from the agreement;
b. after the conclusion of the agreement, circumstances that have come to the knowledge of the User give good reason to fear that the Other Party will not fulfill its obligations;
c. the Other Party was requested at the conclusion of the agreement to provide security for the fulfillment of its obligations under the agreement and this security is not provided or is insufficient;
d. if due to the delay on the part of the Other Party, the User can no longer be expected to comply with the agreement under the originally agreed conditions, the User is entitled to terminate the agreement.
8.3 If the termination is attributable to the Other Party, the User is entitled to compensation for the damage, including the costs, arising directly and indirectly as a result.
8.4 In the event of liquidation, (application for) suspension of payment or bankruptcy, of seizure – if and insofar as the seizure has not been lifted within three months – at the expense of the Other Party, of debt rescheduling or any other circumstance whereby the Other Party is no longer can freely dispose of its assets, the User is free to terminate the agreement immediately and with immediate effect or to cancel the order or agreement, without any obligation on his part to pay any compensation or compensation. In that case, the User’s claims against the Other Party are immediately due and payable.
Article 9. The obligations of the entrepreneur
9.1 At the start of the rental period, SHA makes the ship available to the Other Party. SHA ensures that the ship is in good condition, that it can be used for the use for which it is intended and that it is equipped with safety equipment suitable for the agreed sailing area.
9.2 SHA is obliged to adequately insure the ship on behalf of the Other Party against legal liability, hull and theft for dispatch in the sailing area agreed between the entrepreneur and the Other Party.
9.3 SHA, due to bad weather conditions (wind force 5 Bft or more) and / or excessive use of alcohol and / or narcotics, cannot allow the Other Party to go down or require areas to immediately go to a berth designated by it sail.
Article 10. The obligations of the Other Party
10.1 The Other Party must have sufficient sailing skills. If the Other Party does not have a relevant CWO diploma (Water Sports Training Committee) or an equivalent diploma, at the discretion of the entrepreneur, then the Other Party must at least be 18 years of age.
10.2 The Other Party is obliged to check for the presence of the inventory stated on the inventory list to be provided by SHA to the Other Party and the safety equipment belonging to the vessel for the sailing area in question.
10.3 Before departure, the Other Party must sign the condition list for approval.
10.4 If the inventory on board does not correspond with the inventory stated on the inventory list or in the event that the safety equipment is incomplete or unsound, the Other Party must inform the entrepreneur of this before departure.
10.5 The Other Party uses the vessel as a good family man and good skipper and in accordance with the destination. The Other Party may not make changes to the vessel. The Other Party may not hand over the vessel in use without written permission from SHA.
10.6 At the end of the rental period, the Other Party transfers the vessel to SHA at the agreed time and place and in the same condition in which it received it.
10.7 The costs that are directly related to the use of the vessel, such as port, bridge, quay, lock and mooring fees and costs for fuel, are borne by the consumer.
10.8 The Other Party requires permission from SHA to have repairs carried out. SHA pays the Other Party for the repair costs if specified invoices are submitted.
10.9 The costs of normal maintenance and repair of defects are for the account of SHA.
10.10 The Other Party must notify SHA as soon as possible of damage of any nature, or facts and / or circumstances that could reasonably lead to damage.
10.11 The Other Party must adhere to SHA’s instructions for the retention of the vessel and for the rights of SHA.
Article 11. Rules of conduct and obligations of the Other Party
11.1 The Other Party and participants must behave properly during the service to be performed and outside the service to be performed if they are at the locations or properties used by SHA.
11.2 The Other Party and participants must follow all instructions of SHA or its subordinates or engaged Third Parties correctly and without delay.
11.3 If these instructions are not followed, SHA has the right to cancel the performance of the service. In this case, the Other Party does not claim reimbursement or compensation.
11.4 SHA is entitled to remove the Counterparty and participants who misbehave or are in apparent condition from the grounds and goods used by it, including but not limited to scaffolding and vessels.
11.5 Access to vessels, scaffolding and (sales) locations may be refused without giving any reason if it is deemed necessary by SHA, for example in connection with capacity, safety, public order, the threat of damage and nuisance, without the Other Party is entitled to a refund or compensation.
Article 12. Liability
12.1 If SHA should be liable, then this liability is limited to what is regulated in this provision.
12.2 SHA is only liable for direct damage, provided there is intent or gross negligence on the part of SHA or its managerial subordinates.
12.3 SHA is not liable for:
a. Theft or loss of, or damage to, property of the Other Party and / or participants. Taking property is entirely at your own risk;
b. Damage caused by death or injury of the Other Party and / or participants, except in cases where this damage is the result of intent or gross negligence on the part of SHA;
c. Damage that occurred before or after the departure of the Other Party and / or participants upon entering, or being present on, the grounds and goods used by SHA, including but not limited to scaffolding, (sales) locations and vessels;
d. Damage caused by delay in departure or during the performance of Services;
e. Indirect damage, including consequential damage, lost profit, lost savings and damage due to business or other stagnation. In the case of consumer sales, this limitation does not extend beyond the provisions of Article 7:24 paragraph 2 of the Dutch Civil Code.
f. Any act or omission of its subordinates, assistants as referred to in Article 6: 170 of the Dutch Civil Code and other persons, such as any third parties involved, as referred to in Article 6: 171 of the Dutch Civil Code.
12.4 All Services organized by SHA are entirely at the risk of the Other Party and participants.
12.5 Entering or being on the grounds and objects used by SHA, such as scaffolding, (sales) locations and vessels is at your own risk.
12.6 In the event that SHA is liable for any damage as a result of intent or gross negligence, then this liability is limited to a maximum of three times the invoice value of the order, or at least to that part of the order to which the liability relates.
12.7 SHA’s liability is in any case always limited to the amount paid out by its insurer, as appropriate.
Article 13. Force majeure
13.1 SHA is not obliged to fulfill any obligation vis-à-vis the Other Party if it is prevented from doing so as a result of a circumstance that is not due to fault, and is not at the expense of the law, legal act or generally accepted views. .
13.2 Force majeure in these Terms and Conditions is understood to mean, in addition to what is understood by law and jurisprudence, all of external causes, foreseen or unforeseen, over which SHA cannot influence, but as a result of which SHA is unable to meet its obligations. . SHA also has the right to invoke force majeure if the circumstance that prevents (further) fulfillment of the agreement occurs after SHA should have fulfilled its obligation.
13.3 SHA can suspend the obligations under the agreement during the period that the force majeure continues. If this period lasts longer than two months, then each of the parties is entitled to terminate the agreement, without obligation to compensate damage to the other party.
13.4 If, at the time of force majeure, SHA partially fulfilled its obligations under the agreement or will be able to fulfill it, and the part fulfilled or to be fulfilled is assigned independent value, SHA is entitled to the part already fulfilled or to be fulfilled to be invoiced separately. The Other Party is obliged to pay this invoice as if it were a separate agreement.
Article 14. Limitation period
14.1 Contrary to the statutory limitation periods, the limitation period of all claims and defenses against SHA and the third parties involved by SHA in the execution of an Agreement is one year.
14.2 The provisions of paragraph 1 do not apply to legal claims and defenses that are based on facts that would justify the statement that the delivered item would not comply with the Agreement. Such claims and defenses lapse two years after the Other Party has notified SHA of such non-conformity.
Article 15. Disclaimer
15.1 The Other Party indemnifies SHA against any claims from third parties that suffer damage in connection with the performance of the agreement and whose cause is attributable to others than SHA.
15.2 If SHA could be sued by third parties on that basis, the Other Party is obliged to assist SHA both outside and in court and to immediately do everything that may be expected of it in that case. If the Other Party fails to take adequate measures, SHA is entitled to do so itself without notice of default. All costs and damage on the part of SHA and third parties that arise as a result are integrally for the account and risk of the Other Party.
Article 16. Complaints, disputes and applicable law
16.1 The Other Party must immediately inform SHA of any problem that arises during the performance of the service, so that SHA has the opportunity to solve the problem. If the Other Party does not immediately report this problem, the right to submit a complaint will lapse.
16.2 Parties will only appeal to the courts after they have made every effort to settle a dispute in mutual consultation.
16.3 All legal relationships to which SHA is a party are exclusively governed by Dutch law, even if an obligation is fully or partially implemented abroad or if the party involved in the legal relationship is domiciled there.
Article 17. Location and changes to the Conditions
17.1 These terms and conditions have been filed with the Chamber of Commerce in Amsterdam.
17.2 The most recently filed version or the version as it applied at the time the legal relationship with the User was established applies.
17.3 The Dutch text of the general terms and conditions always determines the interpretation thereof.