GENERAL TERMS AND CONDITIONS – LUXURY SLOOPS HAARLEM

Sloops with Skipper

Article 1 – Definitions

In these General Terms and Conditions, the following terms are used with the following meanings, unless expressly stated otherwise:


Luxe Sloepen Haarlem: Luxe Sloepen Haarlem, the user of these General Terms and Conditions. (Luxe Sloepen Haarlem B.V., Chamber of Commerce registration number: 88865630). Luxe Sloepen Haarlem may also be designated as a provider of sightseeing tours.
Client: The natural person or legal entity entering into an agreement with Luxe Sloepen Haarlem, or to whom Luxe Sloepen Haarlem has issued a quotation to which these General Terms and Conditions apply.

Article 2 – Quotations, Options, and Agreements

  1. Quotations and requests are non-binding and valid for a period of 14 days. Quotations are issued subject to availability.
  2. Luxe Sloepen Haarlem cannot be held bound by its quotations or offers if the Client could reasonably understand that the quotation or offer contains an obvious error or clerical mistake.
    A composite quotation does not oblige Luxe Sloepen Haarlem to perform a portion of the assignment for a corresponding portion of the stated price. Offers and quotations do not automatically apply to future assignments.
    Additional terms and conditions may apply to specific promotional campaigns.
  3. A composite quotation does not oblige Luxe Sloepen Haarlem to perform a portion of the assignment for a corresponding portion of the quoted price. Offers and quotations do not automatically apply to future assignments.
  4. Additional terms and conditions may apply to specific promotions.
  5. At the request of the Client, Luxe Sloepen Haarlem may grant an option or provisional reservation with a specified expiration date. However, Luxe Sloepen Haarlem is under no obligation to grant such an option or reservation. Any option or reservation that is not converted into a definitive booking by the Client prior to the expiration date shall automatically lapse, without the need for notification from either party. An option or reservation is converted into a definitive booking following confirmation from both the Client and Luxe Sloepen Haarlem.
  6. The agreement between Luxe Sloepen Haarlem and the Client is concluded at the moment a requested reservation is confirmed in writing by Luxe Sloepen Haarlem—specifically, when the quotation or agreement, signed by the Client for approval (the written confirmation), has been received and accepted by Luxe Sloepen Haarlem.
  7. Luxe Sloepen Haarlem reserves the right to refuse orders without stating a reason, to require payment in advance, or to impose other payment terms.
  8. A confirmed order may be amended by means of a written description of the changes. Changes are binding upon Luxe Sloepen Haarlem only if confirmed by them in writing.
  9. Work performed at the request or with the consent of the Client—which falls outside the scope of the agreement—shall be reimbursed by the Client to Luxe Sloepen Haarlem in accordance with Luxe Sloepen Haarlem’s standard rates. However, Luxe Sloepen Haarlem is under no obligation to accede to such a request for additional work. Furthermore, Luxe Sloepen Haarlem may require that a separate written agreement be concluded for any additional work.

Article 3 – Performance of the Agreement and Obligations of the Client

  1. Luxe Sloepen Haarlem shall perform the agreement to the best of its insight and ability, and in accordance with the standards of good craftsmanship.
  2. If and to the extent that proper performance of the agreement so requires, Luxe Sloepen Haarlem shall have the right to have certain work performed by third parties.
  3. If Luxe Sloepen Haarlem deems it necessary, it shall have the right to deploy a different sloop or sloops than originally agreed upon. Such sloop(s) shall be suitable for the agreed size of the group.
  4. The Client shall ensure that all data—which Luxe Sloepen Haarlem indicates are necessary, or which the Client should reasonably understand to be necessary for the performance of the agreement—are provided to Luxe Sloepen Haarlem in a timely manner. This explicitly includes allergy information regarding the Client’s guests and those accompanying them. Any damage and/or delay caused by the Client’s failure to provide the necessary data to Luxe Sloepen Haarlem in a timely manner shall be at the Client’s expense.
  5. Upon confirmation of the boat trip, the Client shall provide Luxe Sloepen Haarlem with the exact number of passengers, insofar as this is not already known to Luxe Sloepen Haarlem. Should it transpire—either at the commencement of or during the boat trip—that there are more passengers present than originally reported, additional costs shall be charged. In the event that the number of passengers exceeds the maximum capacity of the vessel, Luxe Sloepen Haarlem shall have the right to refuse passengers. In the event that fewer passengers are present than agreed upon, the applicable rate shall not be adjusted downward accordingly.
  6. Luxe Sloepen Haarlem may establish rules regarding the conduct of the Client and their guests. Should it become apparent that the Client (or a person within the Client’s party) fails to conduct themselves in accordance with these rules of conduct established by Luxe Sloepen Haarlem, Luxe Sloepen Haarlem reserves the right to immediately terminate the agreement with the Client. In such an event, the Client shall have no right to a refund of any monies already paid.
  7. While on board, authority rests with the skipper of Luxe Sloepen Haarlem. During the voyage, Luxe Sloepen Haarlem reserves the right to interrupt the trip and/or deviate from the agreed route if, in the sole judgment and discretion of the Luxe Sloepen Haarlem skipper, irresponsible or unsafe situations arise, or if the established terms or rules are not adhered to. The skipper shall issue one warning to the passengers. If this warning does not result in the desired change in behavior, the skipper shall immediately terminate the voyage.
    The water-based rules of conduct established by the Municipality of Haarlem (Kennemerland) apply to all our tours.
  8. A Client who fails to be present at the agreed time to commence the voyage shall have no right to compensation, whether in the form of making up for the lost time or receiving a refund. Naturally, we will endeavor to be accommodating—for instance, by extending the duration of the trip slightly—in cases of *force majeure*. However, as we often have subsequent bookings, we must also ensure that we remain on schedule.
  9. Clients are permitted to bring their own beverages and/or food items on board Luxe Sloepen Haarlem boat tours, provided that this has been agreed upon with Luxe Sloepen Haarlem in advance.
  10. However, the consumption of excessive quantities of alcohol on board is expressly prohibited. Drunkenness on board will not be tolerated. The skipper of Luxe Sloepen Haarlem is authorized to disembark intoxicated individuals or even terminate the entire trip if he or she deems the situation to be unsafe.
  11. If Luxe Sloepen Haarlem is to provide catering at the Client’s request, the Client must ensure that Luxe Sloepen Haarlem receives the order well in advance. Furthermore, the Client is responsible for ensuring the timely (prepayment) of the catering services. Beverages will be invoiced based on a beverage package or other agreed-upon arrangements. Changes to the catering order may be made up to 7 days prior to the scheduled start time.
  12. The availability of packages is subject to reservation, as Luxe Sloepen Haarlem is dependent on the availability of third parties for these services. Luxe Sloepen Haarlem reserves the right to cancel or reschedule any such request, or to propose an alternative arrangement.
    Luxe Sloepen Haarlem may take photographs or record video footage during the boat trip. By agreeing to these General Terms and Conditions, you consent to Luxe Sloepen Haarlem using this material for commercial purposes.

Article 4 – Prices and Payment

  1. All prices and/or hourly rates applied by Luxe Sloepen Haarlem—as well as the prices and/or rates stated in quotations, offers, price lists, and similar documents—are exclusive of VAT and other government levies, unless stated otherwise.
    If, subsequent to the formation of the agreement, a price-determining factor undergoes a change, Luxe Sloepen Haarlem is entitled to adjust the agreed price accordingly.
  2. Luxe Sloepen Haarlem may increase the agreed rate if, during the execution of the work, it becomes apparent that the originally agreed upon or expected volume of work was underestimated to such an extent that Luxe Sloepen Haarlem cannot reasonably be expected to perform the agreed work at the originally agreed rate.
  3. Invoices must be paid within 2 weeks of the confirmation of the boat trip. If the boat trip is scheduled to take place within 1 week of confirmation, payment must be made within 48 hours. Payment shall be made in Euros via the payment link sent by email or by bank transfer to a bank account designated by Luxe Sloepen Haarlem. Objections regarding the amount of an invoice do not suspend the payment obligation.
  4. If the Client fails to pay within the period specified on the invoice, Luxe Sloepen Haarlem is entitled—after having issued at least one payment reminder to the Client—to charge the Client statutory interest from the invoice’s due date until the date of full settlement, without the need for any further notice of default and without prejudice to any other rights. If the Client is required to make payment in advance and fails to do so in a timely manner, Luxe Sloepen Haarlem is entitled to suspend or cancel the performance of the agreement.
  5. If the Client is in default or in arrears regarding the fulfillment of their payment obligations, all reasonable costs incurred to obtain payment—whether in or out of court—shall be borne by the Client. In any event, in the case of a monetary claim, the Client shall be liable for collection costs.
  6. Payments made by the Client shall always serve to settle, firstly, all accrued interest and costs, and secondly, the longest-outstanding invoices that have become due, even if the Client specifies that the payment relates to a more recent invoice.
    In the event of the liquidation, bankruptcy, or suspension of payments of the Client, the claims of Luxe Sloepen Haarlem and the obligations of the Client towards Luxe Sloepen Haarlem shall become immediately due and payable.

Article 5 – Cancellations, No-shows, Suspension, and Termination

  1. Agreements may be cancelled with the consent of Luxe Sloepen Haarlem and in accordance with the provisions of this article.
  2. The fact that the Client is not present at the agreed time and location (a “no-show”) shall under no circumstances be deemed a valid cancellation. Consequently, the Client shall be liable to pay 100% of the agreed rate to Luxe Sloepen Haarlem. Luxe Sloepen Haarlem will always wait 30 minutes for the Client and their guests at the agreed time and location. If, after the expiration of these 30 minutes, the Client and their guests are still not present, Luxe Sloepen Haarlem shall consider this a no-show, and the Client shall be liable for all associated costs.
  3. The Client may cancel a non-binding inquiry free of charge up until the sailing trip is confirmed. In the event of the cancellation of a sailing trip that has been confirmed by both parties, the following fees shall apply:
    after confirmation of the sailing trip: 25% of the agreed rate;
    2 weeks or less prior to commencement: 50% of the agreed rate;
    1 week or less prior to commencement: 100% of the agreed rate, plus any other costs already incurred by Luxe Sloepen Haarlem.
  4. In the event of severe weather, Luxe Sloepen Haarlem offers cancellation options on the day of the boat trip. Severe weather is deemed to occur in cases of persistent rain combined with strong winds and/or thunderstorms—at the sole discretion of Luxe Sloepen Haarlem on the day in question. In the event of a cancellation due to severe weather, the Client shall owe Luxe Sloepen Haarlem 50% of the total agreed rental fee, plus reimbursement for any catering costs already incurred and any other expenses already incurred by Luxe Sloepen Haarlem. However, in such a case, the Client is also granted the option to reschedule the boat trip immediately at no additional cost. If a boat trip is rescheduled after catering has already been ordered, the initially ordered catering and any other costs already incurred by Luxe Sloepen Haarlem must be paid in full. Consequently, no refunds will be issued for payments already made, and any outstanding invoices must be settled.
  5. Cancellation fees and rescheduling fees are due and payable in the same manner as invoices issued by Luxe Sloepen Haarlem.
  6. If the agreement is cancelled by Luxe Sloepen Haarlem, Luxe Sloepen Haarlem shall, in consultation with the Client, arrange for the transfer of any remaining work to third parties, unless the cancellation is based on facts and circumstances attributable to the Client.
  7. In the event that a Client fails to fulfill (part of) their obligations arising from the agreement with Luxe Sloepen Haarlem—or fails to do so in a timely manner—Luxe Sloepen Haarlem shall have the right to suspend its own obligations or to dissolve the agreement in question, without any notice of default or judicial intervention being required. All of the foregoing applies without prejudice to Luxe Sloepen Haarlem’s other rights, including, but not limited to, the right to claim damages. The same shall apply if, subsequent to the conclusion of the agreement, facts and circumstances come to the attention of Luxe Sloepen Haarlem that provide reasonable grounds to fear that the Client will not (fully) fulfill their obligations under the agreement, or that are of such a nature that fulfillment of the agreement has become impossible or cannot reasonably be required of Luxe Sloepen Haarlem.
  8. If the Client: (a) is declared bankrupt, files for a suspension of payments, or is in any way no longer able to freely dispose of their assets; (b) passes away or is placed under guardianship; (c) fails to pay an invoice amount, or any part thereof, within the stipulated timeframe; or (d) proceeds to discontinue or transfer their activities and/or business, or a substantial part thereof; Luxe Sloepen Haarlem shall, by the mere occurrence of any of the aforementioned circumstances, have the right to deem the agreement dissolved, without any notice of default or judicial intervention being required.
  9. In the aforementioned case, claims of Luxe Sloepen Haarlem against the Client shall become immediately due and payable, without prejudice to the other rights of Luxe Sloepen Haarlem.

Article 6 – Liability of Luxe Sloepen Haarlem

  1. Should Luxe Sloepen Haarlem be held liable, such liability shall be limited to the provisions set forth in this clause. The limitations on Luxe Sloepen Haarlem’s liability contained in this clause shall not apply if the damage is attributable to willful misconduct or gross negligence on the part of Luxe Sloepen Haarlem and/or its subordinate(s).
  2. Luxe Sloepen Haarlem shall not be liable or responsible for damage arising from Luxe Sloepen Haarlem having relied on incorrect and/or incomplete information provided by the Client (or the Client’s guests), unless such incorrectness and/or incompleteness ought to have been apparent to Luxe Sloepen Haarlem. The Client bears sole responsibility for conveying any necessary or useful information—for instance, regarding the dietary requirements of his/her guests.
  3. Luxe Sloepen Haarlem cannot be held liable for personal injury or (consequential) damage of any nature whatsoever—regardless of the cause of such injury or damage—occurring prior to, during, or as a result of the agreement between Luxe Sloepen Haarlem and the Client. Specifically, individuals are personally responsible for remaining vigilant regarding low bridges, and the boarding and disembarking of the sloop remains the responsibility of the passengers.
  4. Luxe Sloepen Haarlem shall not be liable for the loss of and/or damage to any personal property brought onto the vessel by the Client.
  5. Luxe Sloepen Haarlem shall under no circumstances be liable for indirect damage, including—but not limited to—consequential damage, loss of profit, loss of anticipated savings, and damage resulting from business interruption.
  6. Furthermore, Luxe Sloepen Haarlem cannot be held liable in the event of force majeure. Should Luxe Sloepen Haarlem be held liable for any damage whatsoever, Luxe Sloepen Haarlem’s liability shall be limited to the amount paid out by Luxe Sloepen Haarlem’s insurer. If Luxe Sloepen Haarlem’s insurer does not make any payout, the extent of Luxe Sloepen Haarlem’s liability shall be limited to the invoice value of the assignment, or at least to that part of the agreement to which the liability relates.
  7. The Client shall indemnify Luxe Sloepen Haarlem against all third-party claims related to or arising from the agreement existing between Luxe Sloepen Haarlem and the Client.

Article 7. Liability of the Client

  1. In the event of recklessness, negligence, and/or failure to comply with instructions issued by Luxe Sloepen Haarlem, the Client may be held fully liable for any resulting damage, without Luxe Sloepen Haarlem invoking its insurance coverage.
  2. The Client, together with their guests or accompanying persons, shall be jointly and severally liable for all damage incurred or to be incurred by Luxe Sloepen Haarlem as a direct or indirect consequence of a breach of contract and/or an unlawful act (including any violation of the provisions of these General Terms and Conditions) committed by the Client, their guests, and/or accompanying persons, as well as for damage caused by any object of which they are the possessor or which is under their supervision.

Article 8 – Force Majeure

  1. Luxe Sloepen Haarlem shall not be liable to fulfill any obligation towards the Client if it is hindered from doing so as a result of a circumstance that is not attributable to its fault, and which, neither by virtue of the law, weather conditions, a legal act, nor generally accepted standards, is for its account. During the period that the force majeure situation persists, Luxe Sloepen Haarlem may suspend its obligations under the agreement. If this period lasts longer than two months, either party shall be entitled to dissolve the agreement, without any obligation to compensate the other party for damages. If the aforementioned situation arises while the agreement has been partially executed, the Client shall remain obliged to fulfill its obligations towards Luxe Sloepen Haarlem up to that point. Luxe Sloepen Haarlem shall be entitled to separately invoice the portion of the work already performed or yet to be performed, as the case may be. The Client shall be obliged to pay this invoice as if it constituted a separate agreement. For the avoidance of doubt, weather conditions are expressly excluded from the scope of this Article. Luxe Sloepen Haarlem’s policy regarding force majeure situations caused by adverse weather is set out in Article 5.4.
  2. In these General Terms and Conditions, “force majeure” is understood to mean—in addition to the definition provided by law and case law—all external causes, whether foreseeable or unforeseeable, over which Luxe Sloepen Haarlem can exercise no influence, but which render Luxe Sloepen Haarlem unable to fulfill its obligations. This includes, but is not limited to, strikes within the operations of Luxe Sloepen Haarlem or those of third parties. Luxe Sloepen Haarlem also reserves the right to invoke force majeure if the circumstance preventing the (further) fulfillment of the agreement arises after it has already commenced performance.

Article 9 – Complaints

  1. Complaints must be submitted to Luxe Sloepen Haarlem in writing and accompanied by a statement of grounds, no later than five working days after the complaint arises.
  2. Luxe Sloepen Haarlem shall communicate its position regarding a complaint to the complainant within 14 days of receipt thereof. This communication shall be made in writing and be accompanied by a statement of reasons. If a complaint is deemed well-founded, Luxe Sloepen Haarlem shall perform the work as originally agreed, unless the Client indicates that doing so has, in the interim, become futile for them. If the subsequent performance of the agreed services is no longer possible or no longer meaningful, Luxe Sloepen Haarlem’s liability shall be limited to the extent set forth in Article 6 of these General Terms and Conditions.
  3. Complaints do not suspend the Client’s payment obligation.

Article 10 – General Provisions

  1. These General Terms and Conditions apply to every agreement and to all activities of Luxe Sloepen Haarlem. The acceptance by the Client—without objection—of a quotation or order confirmation that refers to these terms shall constitute consent to the applicability of these General Terms and Conditions. These General Terms and Conditions also apply to agreements in which Luxe Sloepen Haarlem engages third parties for the purpose of executing the agreement.
  2. Any deviation from these General Terms and Conditions is permissible only if the parties have expressly agreed thereto in writing and in advance. The applicability of any general terms and conditions employed by the Client is expressly rejected. Any such application shall be valid only if the parties expressly agree thereto in writing and in advance.
  3. Void or voidable provisions shall not affect the validity and enforceability of the remaining provisions. The void or voided provision(s) shall be replaced by new, legally permissible provision(s) that align with the purpose and intent of the void or voided provision(s).
  4. Situations not governed by these General Terms and Conditions, or regarding which there is ambiguity, shall be assessed in accordance with the spirit and purpose of these General Terms and Conditions.
  5. Luxe Sloepen Haarlem reserves the right to amend or supplement these General Terms and Conditions. Amendments of minor significance may be implemented at any time. Should the Client not wish to accept an amendment, they may terminate the agreement effective as of the date on which the new terms and conditions enter into force.

Article 11. Applicable Law and Competent Court

  1. Dutch law applies to all agreements between Luxe Sloepen Haarlem and the Client to which these General Terms and Conditions apply.
  2. All disputes arising between Luxe Sloepen Haarlem and the Client that cannot be resolved through mutual consultation shall be submitted exclusively to the competent court at the District Court of Haarlem.
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