General Terms and Conditions

From: Rederij Rembrandt, Blauwpoortshaven 5, 2312 EL Leiden

Article 1 Definitions

In these general terms and conditions, the following terms are used with the following meaning, unless expressly stated otherwise.
Rederij Rembrandt: the user of these general terms and conditions.
Client: the counterparty of Rederij Rembrandt.

Article 2 General

  1. These terms and conditions apply to every offer, quotation and agreement between Rederij Rembrandt and a client to which Rederij Rembrandt has declared these terms and conditions applicable, insofar as the parties have not expressly deviated from these terms and conditions in writing.
  2. Any deviations from these general terms and conditions are only valid if they have been expressly agreed in writing.
  3. The applicability of any purchase or other conditions of the client is expressly rejected.
  4. If one or more of the provisions in these general terms and conditions are null and void or should be annulled, the other provisions of these general terms and conditions will remain fully applicable. Rederij Rembrandt and the client will then enter into consultations in order to agree on new provisions to replace the void or voided provisions, whereby the purpose and purport of the original provision will be taken into account as far as possible.

Article 3 Offers and quotations

  1. All offers are without obligation, unless a term for acceptance is stated in the offer.
  2. The quotations made by Rederij Rembrandt are without obligation; they are valid for 14 days, unless stated otherwise. Rederij Rembrandt is only bound by the offers if the acceptance thereof is confirmed by the other party in writing and/or by telephone within the aforementioned 14 days, unless indicated otherwise.
  3. Offers or quotations do not automatically apply to future assignments.

Article 4 Execution of the agreement

  1. The agreement is final/binding if a written confirmation drawn up by Rederij Rembrandt has been sent by post/email.
  2. Weather conditions (hard storm and/or ice conditions and/or high water) that impede or make the cruise impossible are the resolutive condition for all cruises. Whether such weather conditions exist, will in the first instance be assessed by Rederij Rembrandt and/or the skipper in office.
  3. Rederij Rembrandt and/or the skipper in office is entitled to remove passengers who misbehave or are in an apparent state from board.
  4. The Client cannot claim a specific type of boat or a specific boat for the execution of a program. Any such request is at the discretion of Rederij Rembrandt.
  5. The Client must follow all instructions from Rederij Rembrandt or its employees punctually and without delay. Access to the checkout pontoon, the departure jetty or the tour boat can be refused without stating reasons if this is deemed necessary by Rederij Rembrandt, for example in connection with capacity, safety, public order, the imminent occurrence of damage or nuisance.

Article 5 Delay

  1. If the client is not present at the agreed time, additional costs incurred by Rederij Rembrandt will be passed on to the client.

If the departure time is exceeded, every quarter hour or part thereof will be paid by the client. As well as additional costs for serving, guiding and other crew members, if applicable.

  1. Major delays caused by the client may result in the cancellation of (parts of) the programme, without any right to a refund for the client.

Article 6 Payment

  1. After signing the written confirmation, the client pays the agreed amount prior to the cruise in cash or by electronic payment at the till of Rederij Rembrandt or no later than 14 days after the invoice date.
  2. If the client does not fulfill its payment obligation within 14 days, the client will be in default without notice of default and the amount owed by the client to Rederij Rembrandt will be increased by the statutory interest and extrajudicial collection costs. These extrajudicial collection costs amount to 15% of the invoice amount, with a minimum of € 115.00.
  3. Any collection costs to be incurred will be fully borne by the client.

Article 7 Catering

  1. Catering on board is exclusively provided by Rederij Rembrandt itself, unless explicitly agreed otherwise between Rederij Rembrandt and the client.
  2. In the event of cancellation of ordered catering within 7 days before the date of departure, the perishable goods will be fully borne by the client.

Article 8 Cancellation by the client

  1. In the event of cancellation after return of the signed written confirmation, the client is at all times obliged to pay € 25.00 administration costs.
  2. In the event of cancellation 6 weeks before the date of departure, the client is obliged to pay 10% of the total price.
  3. In the event of cancellation 6 to 2 weeks before the date of departure, the client is obliged to pay 25% of the total price.
  4. In the event of cancellation 2 to 1 weeks before the date of departure, the client is obliged to pay 50% of the total price.
  5. In case of cancellation from 7 to 2 days before the departure date, the client is obliged to pay 75% of the total price.
  6. In case of cancellation within 48 hours prior to the departure date, the client is obliged to pay 100% of the total price.
  7. Cancellation can only be done in writing.

Article 9 Partial cancellation

  1. Reduction of the number of passengers or other changes to the content of the agreement must be made in writing.
  2. The skipper in office decides on the possible admission of additional passengers if the number of passengers indicated on the written confirmation is exceeded. The maximum number of passengers to be admitted is strictly enforced.

Article 10 Liability of Rederij Rembrandt

  1. Rederij Rembrandt is never liable for damage to and/or loss of property of the client. The Client takes all his or her belongings on board entirely at his own risk.
  2. Rederij Rembrandt is never liable for damage caused by the death or injury of the client, except as a result of intent or gross negligence on the part of Rederij Rembrandt.
  3. Rederij Rembrandt is never liable for damage to persons or property of the client that occurs when entering the cash register pontoon, the departure jetty or the tour boat. The client enters the cash register pontoon, the departure jetty and the tour boat entirely at his own risk.
  4. Rederij Rembrandt is never liable for damage caused by delays during departure or during the cruise.
  5. Rederij Rembrandt is never liable for indirect or consequential damage.
  6. Insofar as Rederij Rembrandt is liable for any damage, this liability is limited to a maximum of the amount covered by its insurance.
  7. Insofar as Rederij Rembrandt is liable for any damage that is not covered by its insurance, this liability is limited to a maximum of the invoice amount.

Article 11 Liability of the client

  1. The client is liable for damage caused by the client to the property of Rederij Rembrandt or third parties.
  2. The client is liable for damage caused by the client or his luggage to Rederij Rembrandt and/or its employees.
  3. All activities organized by Rederij Rembrandt take place entirely at the client’s own risk.
  4. The client indemnifies Rederij Rembrandt against claims for damages by third parties.

Article 12 Complaints

  1. Any complaints must be submitted in writing to Rederij Rembrandt within 2 days after the cruise.
  2. Complaints that are made orally or submitted later than two days after the cruise will not be processed.
  3. Contrary to the provisions of the previous paragraphs, any complaints about the catering must be reported directly to the serving staff on the evening itself and explicitly.

Article 13 Applicable law and competent court

  1. These terms and conditions and all agreements concluded under these terms and conditions are exclusively governed by Dutch law.
  2. Any disputes arising from these terms and conditions and agreements concluded under these terms and conditions will be submitted exclusively to the competent court in the district of The Hague.

Article 14 Safety

  1. The Client must at all times follow instructions from the skipper in position and/or employees of Rederij Rembrandt.
  2. If instructions are not followed, the skipper in function and/or employees of Rederij Rembrandt have the right to break off the trip. In that case, the Client cannot claim a reduction of the amount stated in the agreement and/or catering already enjoyed.