TERMS AND CONDITIONS
1. Definitions
Amusement Hub works on behalf of the Statenjacht "De Utrecht" rented by Topzeil BV, a participation of the Statenjacht Utrecht Foundation. In these General Terms and Conditions, the following definitions apply:
2. Services
The services offered and supplied by Amusement Hub in the context of these general terms and conditions concern the offering to the Renter / Guest of one or more boat trips with the Statenjacht "De Utrecht" and / or more vessels for a number of persons as further described in the agreement concluded between the parties. It comprehends entertainment in pirate re-enactment style including active sailing, sailor activities, pirate food and beverage, pirate live music and dancing, physical challenges. Guests accept to be exposed to loud noises as guns (loaded with blanks) firing, to re-enactors or other Guests screaming; accept the possibility to be wet because of rain or water spray, accept the possibility to end the Experience in water (“pirate challenge”)
3. Tenant and / or Client:
The party to whom Amusement Hub has made an offer or with whom an agreement has been entered, as well as the persons / passengers for whom the client has entered into the agreement with Amusement Hub. Hereinafter referred to as Client
4. Landlord and / or Contractor:
Amusement Hub who carries out work or provides services as described above, hereinafter referred to as "Amusement Hub" on behalf of the client.
5. Applicability of these terms and conditions
These terms and conditions apply to all quotes and agreements of Amusement Hub. Unless otherwise agreed in writing, these terms and conditions are deemed to have been accepted by the client of Amusement Hub. These conditions can only be deviated from by Amusement Hub confirming this in writing. Anyone who participates in the boat trip offered by Amusement Hub is deemed to have taken note of the contents of these general terms and conditions and to agree to them. These general terms and conditions are deemed to be the usual customary terms and conditions of Amusement Hub declared applicable to (future) follow-up, and / or additional offers as well as to agreements or the formation and / or implementation. Any general terms and conditions used by the client do not apply unless they have been explicitly accepted in writing by Amusement Hub. Signing by Amusement Hub of documents of the client to which such general terms and conditions have been declared applicable does not count as written acceptance thereof by Amusement Hub.
6. Offers
Unless an explicit period of validity is stated in the offer, all offers from Amusement Hub are without obligation. If, at the request of the client, Amusement Hub has made a start to the execution of an offer made by Amusement Hub to the client in question, the client is deemed to have entered into an agreement with Amusement Hub from the date of execution fully in accordance with the relevant offer made by Amusement Hub.
7. Formation and implementation of the agreement
The agreement is established by written confirmation by Amusement Hub to the client that the order has been accepted or by the client signing the agreement. In urgent cases, the agreement can also be concluded verbally: in that case, the conclusion of the agreement appears from the execution by Amusement Hub of the order given and Amusement Hub will confirm the agreement in writing within 2 x 24 hours. The client does not have the right to transfer the agreement with Amusement Hub in whole or in part to third parties without prior written permission from Amusement Hub. Amusement Hub determines the way in which the assignment is carried out within the limits of what has been agreed in writing between the parties.
8. Modified implementation
If, before or during the implementation of the agreement, it appears that this or a part thereof can only be implemented as a result of unforeseen circumstances, the party that first becomes aware of this circumstance will consult with the other party. Amusement Hub hereby informs the client of the financial consequences.
9. Changes to the agreement
Changes to the agreement and deviations from these general terms and conditions will only be effective if they have been agreed in writing between the parties. If changes lead to an increase or decrease in costs, a resulting change in the price must be agreed in writing between the parties.
10. Cancellation by the client
The client has the right to cancel an agreement concluded between the parties under the following conditions. Cancellation takes place through a written registered letter of cancellation from the client to Amusement Hub. The cancellation date is the date on which Amusement Hub receives the cancellation notice. When cancelling this lease, the following percentages of the total rent are due:
> 6 months before departure 20%
6 to 4 months before departure 40%
4 to 2 months before departure 60%
2 to 1 month before departure 80%
< 1 month before departure 100%
Cancellation of ancillary activities: the client owes the full cancellation costs that are charged by the relevant organization / company. (Ancillary activities are all matters that have been approved by the client, in addition to the sailing trip. For example, a visit to Muiderslot or Pampus, musicians, hotels, restaurants, audio-visual equipment, rental of tables / chairs / cutlery, etc.)
11. Payment obligations of the rental catering agreement
The client must make payment of the ship 's rent and the ordered catering to Amusement Hub prior to departure and in accordance with the payment conditions stated on the invoice and / or confirmation without settlement or suspension for whatever reason. Failing this, the departure will be cancelled and all obligations in the agreement entered into with Amusement Hub will remain in full force and payment must be made maximum within fourteen days of the invoice date. Payment takes place without the client being allowed to block his payment obligation by seizure or otherwise. If the payment is not received within the agreed period, the client is in default. Complaints concerning invoices must be submitted in writing to Amusement Hub within 8 days after the invoice date. Amusement Hub reserves the right to demand payment in advance. With cashless payment, the date of payment is the day of crediting the cashless account of Amusement Hub, with cash only the receipt issued by Amusement Hub serves as proof and time of payment. Payment must be made within the specified periods in the absence of which the client is legally in default. From the date of default, the client owes a contractual interest of 6% per month, whereby part of the month is counted as a whole month. Furthermore, Amusement Hub is then entitled to suspend the implementation of the agreement and the client is obliged to reimburse all costs, both in and out of court, which Amusement Hub must incur as a result of non-compliance with its obligations.
12. Costs in case of late or late payment
All costs incurred by Amusement Hub for the implementation of its rights, including all extrajudicial and judicial costs in the event of the engagement of an authorized representative, lawyer or bailiff, are for the account of the client. The extrajudicial costs amount to at least 15% (excluding VAT) of the claim with a minimum of € 750 (excluding VAT) per claim. If Amusement Hub can demonstrate that it was reasonably necessary to incur higher extrajudicial costs, these will also be borne by the client. All costs associated with judicial collection are for the account of the client, including those of the judicial execution. Amusement Hub has the right to the client, who has not paid on time, without prejudice to his other rights under the conditions and / or the law: Immediate payment in respect of the client and / or demand security for payment for all current agreements; Suspend its performance (s), also from other agreements with the client, without prejudice to its right to demand security for payment simultaneously or later. Dissolve the relevant agreement in whole or in as far as not performed by a written statement from Amusement Hub; Require payment in full of the full amount if payment in instalments has been agreed. Except in the event that use has been made of the right of dissolution, Amusement Hub change its choice of the rights referred to in this article at any time.
13. Catering and service costs
The purchase of catering and services on board is mandatory, unless the rental agreement deviates from this.
14. Service staff costs
These costs are for service staff. Depending on the group size and the choice of catering, the number of staff members will be agreed in advance. The costs of the operating staff are stated on www.statenjacht.nl and will be charged for the current time that the client has spent from the start time until departure. The catering is determined by the client in consultation with Amusement Hub and purchased from Amusement Hub. The client will give Amusement Hub the order for the catering for the minimum number of people as soon as the client proceeds to book. Up to 10 days before departure this number can be adjusted upwards and dietary requirements can be passed on. If, after the conclusion of the agreement and before the agreed time of delivery, the prices of auxiliary materials, raw materials, parts, wages or other cost-determining factors have not undergone foreseeable changes, Amusement Hub is entitled to adjust the agreed prices accordingly. Price increases resulting from additions and changes to the order are for the account of the client. The client is obliged to rent the leased property in accordance with its nature and purpose and in accordance with the instructions for use and / or instructions of staff of the Statenjacht or the service personnel hired by it. Amusement Hub is in no way liable for theft and / or loss of personal property and assumes that the catering will be consumed on the day of delivery. Amusement Hub is not liable if the meal is consumed at a later time and any complaints arise from this.
15. Payment of catering and service costs
As soon as the client agrees with the quotation, the client will receive an invoice for the ship's rent, service costs and catering for the minimum number of people, this invoice must also be paid before departure. Any additional order will be invoiced at the end of the voyage together with any drink invoice. Payment conditions are the same as the payment conditions for the rental agreement as mentioned above.
16. Surrender of catering and cork duty
If the catering or drinks are provided by the client itself, the client pays the costs for surrender catering and / or cork duty for surrender drinks. These costs are stated on the invoice. The payment conditions are the same as the rental conditions as mentioned above.
17. Prices and rates
All prices and rates are exclusive of VAT and any other levies imposed by the government. All prices are based on the circumstances that apply at the time of concluding the agreement. If these circumstances change after the conclusion of the agreement, Amusement Hub is entitled to increase or decrease the agreed prices with the amount by which our costs have been increased or decreased by stating the resulting additional or reduced costs.
18. Confidential information
The parties undertake to keep each other's confidential information confidential. Each party will take all precautionary measures that can reasonably be taken, in order to fulfil this obligation as well as possible.
19. Client and / or client cooperation
Client will always provide Amusement Hub with all necessary information in a timely manner. If the information necessary for the implementation of the agreement is not available to Amusement Hub, not in time or in accordance with the agreements, or if the client does not otherwise fulfil its obligations towards Amusement Hub, this may lead to suspension of compliance with the obligations of Amusement Hub and additional costs may be charged to the client. The client must immediately follow the instructions of (the employees of) Amusement Hub. Access to the Statenjacht and scaffolding may be refused by Amusement Hub if this is deemed necessary in connection with, among other things, safety and public order, without stating reasons. It is not possible to deviate from the agreed start time of the cruise. The Statenjacht Utrecht departs at the agreed time. The absence of (a part of) the passengers on time is at the expense and risk of the client. The client's request, explicitly confirmed in writing, can be waited until all passengers are present. Deviations from the agreed departure time are entirely at the expense and risk of the client. The duration of the cruise will then be shortened as much as the delay has lasted. Other parts of the tour may be changed / shortened or cancelled completely as a result of this delay.
20. Liabilities
Amusement Hub is not liable for damage resulting from a defective or late execution of the agreement, nor is it liable for any other, direct and / or indirect damage, including injury (damage), of the client, unless that damage is due to gross negligence, recklessness or intent. In all cases where Amusement Hub is obliged to pay any compensation, this will in no case amount to more than the amount of the invoiced and invoiced by Amusement Hub to the client on the basis of the relevant agreement (excluding VAT). After the claim period as referred to in Article 12, Amusement Hub is no longer liable for its shortcomings, unless a guarantee agreed in writing applies. Amusement Hub explicitly excludes any liability with regard to all persons for whom Amusement Hub is in any way responsible or liable, including third parties that Amusement Hub has engaged in the provision of services. The legal claim of the client for compensation for its damage lapses and is therefore inadmissible if it is brought after one year after the execution of the agreement in question. The client indemnifies Amusement Hub against damage that third parties might suffer in the execution of the agreement between parties. The client is responsible and liable for the behaviour of the passengers brought on board. The client must take out the necessary insurance policies at his own risk. The client is liable for the loss and / or damage to property and possessions of Amusement Hub for whatever cause. The client is also liable for damage caused to passengers by the passengers or the property and possessions of the staff of Topzeil BV as well as the third parties engaged by it, unless there is gross negligence on the part of the persons concerned.
21. Skipper's liability, other crew such as catering service staff
The crew accepts no liability for damage and / or injury arising from the stay of the client and his / her guests on board or on the quay. We advise clients to take out travel and cancellation insurance.
22. Force majeure
The Pirates Experience takes place with almost all weather conditions, with the few following exceptions: from a wind force of 6 Beaufort the skipper has the right not to continue the trip on the water. Not sailing through ice and other threatening natural weather phenomena are also at the risk and expense of the client. Amusement Hub accepts no liability for damage resulting from the ship not being present (in time) in the port desired by the client as a result, but not limited to obstructions at bridges, structures and weather conditions as mentioned above. Client will accept a replacement ship if, due to special circumstances, the ship could not be present at the agreed date and place. Neither of the parties is obliged to fulfil any obligation if it is prevented from doing so as a result of a circumstance that is not due to its fault, nor under the law, legal act or generally accepted views such as storm damage, natural disasters, obstruction by third parties, restrictive measures by any government, war, strike, fire, malfunctions and accidents in the business of third parties, as well as shortcomings or force majeure of suppliers or third parties whose services Amusement Hub uses in the implementation. In the event of force majeure or other circumstances of such a nature that, in reasonableness and fairness, (further) performance of the agreement cannot be demanded, the performance of the agreement will be suspended or, if such a suspension is impossible (i.e. in the case of a marriage) or has lasted at least continuously for three months or as soon as it is established that it will last longer than three months, the other party may terminate the agreement with immediate effect without judicial intervention through terminate a registered letter to one party in whole or in part. This right to terminate expires if, before use is made, the obligation, the fulfilment of which was temporarily prevented by force majeure, will still be fulfilled. the other party may terminate the agreement in whole or in part with immediate effect without judicial intervention by means of a registered letter to one party. This right to terminate expires if, before use is made, the obligation, the fulfilment of which was temporarily prevented by force majeure, will still be fulfilled. the other party may terminate the agreement in whole or in part with immediate effect without judicial intervention by means of a registered letter to one party. This right to terminate expires if, before use is made, the obligation, the fulfilment of which was temporarily prevented by force majeure, will still be fulfilled. In the event of termination of the agreement due to force majeure, the obligations arising from the agreement will end, provided that if the agreement has already been partially fulfilled by Amusement Hub, the client owes Amusement Hub a proportionate share of the agreed price. In the event of force majeure, parties cannot claim compensation from each other.
23. Claims
Claims are from the client are in regard to the implementation of the agreement by Amusement Hub. Claims can only be asserted if they have been submitted in writing and with reasons, within 8 working days after the services / services provided by Amusement Hub, without prejudice to the provisions in the following articles. Slight deviations that are deemed permissible in daily traffic in or in the performance of the agreement cannot constitute grounds for complaints. By submitting a claim, the payment obligation of the client is not suspended. If the client has not complained within the aforementioned periods, the client is deemed to have approved the services provided and / or the invoices. In the absence of such a report, all claims of the client expire.
24. Suspension and termination
If, in the opinion of Amusement Hub, the creditworthiness of the client so requires, Amusement Hub may demand further security or advance payment at any time, failing which Amusement Hub has the right to suspend the execution of the agreement. In the event that the client fails to meet one or more of its obligations, or fails to do so on time or properly, requests suspension of payment, is declared bankrupt, his assets are wholly or partially seized and / or the client has wholly or partially access to loses its assets, Amusement Hub has the right to suspend the agreement or to dissolve a written statement, all this at the discretion of Amusement Hub and without prejudice to any right to compensation for damage, costs and interest. If Amusement Hub makes use of its authority mentioned in the previous paragraph to suspend the execution of the agreement, this does not affect the obligation of the client to pay the compensation agreed with Amusement Hub during the period that Amusement Hub has fulfilled its obligations suspended.
25. Dissolution
An agreement can only be dissolved by the client if Amusement Hub, after proper written notice of default giving it a reasonable period of time to meet its obligations, continues to culpably fail to meet its obligations under the agreement and in such a way that the client cannot reasonably be expected to maintain the agreement. In the event that the agreement is dissolved by Amusement Hub due to breach of contract by the client, Amusement Hub retains the right to payment of the full agreed price. The dissolution can only take place by registered letter to the other party; judicial intervention is not required. If the client at the time of the dissolution of the agreement had already received services to implement the agreement, he can only partially dissolve the agreement and only for that part that has not yet been performed by Amusement Hub. Amounts that Amusement Hub has invoiced for the dissolution in connection with what it has already performed or delivered for the execution of the agreement, remain indebted and remain immediately due and payable at the time of dissolution.
26. Refusal or termination of orders and / or assignments
Amusement Hub reserves the right to refuse an assignment without giving reasons. Amusement Hub reserves the right to refuse or terminate orders or assignments the content of which contravenes any statutory or other governmental provision, even if the order and / or assignment has already been confirmed or with the execution of the order and / or assignment may have started. Amusement Hub has the right at all times to refuse orders or assignments, the content of which in its opinion is contrary to the good name or interests of Amusement Hub or to refuse the order and / or assignment, the execution of which had already begun, ( immediately), to the extent that this manifests itself at a later date.
27. General terms and conditions
Dutch law applies to these general terms and conditions and all agreements entered into by Amusement Hub, Overtoom 109-3, 1054HD Amsterdam, KVK number 76855279, BTW number 675045423B02, on behalf of Topzeil BV Nieuwegracht 155 3512 LL Utrecht Chamber of Commerce Utrecht no. 41187899. All disputes that may arise with regard to the interpretation or implementation of these terms and conditions or agreements will be submitted exclusively to the competent court in Utrecht. info@pirates-experience.com September 2019