General Terms and Conditions of Business / Charter Conditions
Wind is our Friend C.V. - English
Once on board the charterer must acknowledge the rules of seamanship and the rules of maritime law, as well as the captain''s supreme authority.
Unfavourable weather conditions, shipping accidents or circumstances which might endanger the safety of crew and ship could cause the captain to change both cruise destinations and ports of embarkation and disembarkation, to interrupt the cruise, to undertake repairs, to return early as well as to postpone until suitable the times of sailing into harbour or setting sail. In such a case a reimbursement of the costs by the organizer or withholding of payment by you as a general rule would not be possible. If the cruise is cancelled by the representative before the start because of the aforementioned reasons, any costs already paid will be refunded. Further legal rights by mutual agreement are regarded as excluded. In case of Act of God the risk rests with the charterer.
We strongly recommend that you take out a travel-, accident-, health insurance, travel cancellation insurance or an event cancellation insurance. We draw your attention to the fact that there is no insurance coverage for accident, death, disability, illness etc. by the professional marine association or other insurer. The captain is not liable for the loss or damage of the personal property of the charterer. The ship''s command only accepts liability if there is proof of gross negligence or a gross violation of acknowledged rules of seamanship.
- Contract of transfer for the use and enjoyment / conditions of payment of charter
If a contract is requested by the charterer it must be sent back signed fourteen days after delivery at the latest. When signing the contract the charterer must pay a deposit of 30 % of the charter to the stated account. This first deposit must have been credited to the stated account 7 days at the latest after signing the contract. Only after the deposit has been received the ship is regarded as booked. The balance of payments as stated in the contract and on the invoice will be due as follows:
- 1st payment 30 % of the charter due at signing of the contract
- 2nd payment 30 % of the charter due 5 months before the start of the trip
- 3rd payment 40 % of the charter due 1 month before the start of the trip
- Cancellation by the charterer
In case of cancellation of the booked trip by the charterer the following percentages of the agreed charter will be due for payment:
- 15 % after signing of the contract
- 30 % up to 6 months before the start of the trip
- 50 % up to 4 months before the start of the trip
- 70 % up to 2 months before the start of the trip
- 90 % up to 1 month before the start of the trip
- 100% up to the day of departure
The catering and the drinks as a general rule will be provided by the representative. The order for the aforementioned has to be received by the representative two months before the start of the trip. Any other arrangements have to be made in writing for them to become effective.
- Terms of payment for catering
Four weeks before the charter the charterer will receive the invoice for the ordered catering. Two weeks before the charter the amount owing on this bill must be credited to the stated account.
- Cancellation of catering
Should the charterer cancel the booked charter the following percentages of the catering ordered (drinks excluded) will be due for payment:
- 20 % two months up to 30 days before the start of the trip
- 50 % 30 days up to 10 days before the start of the trip
- 100 % 10 days before the start of the trip
- Failure of service
The charterer is requested to report any possible failure of service to the ship''s command immediately, so that this matter can be solved. Failure of service or defaults, which are reported by the charterer to the captain just after the end of the trip cannot be taken into account.
- Weapons, transmitting and receiving facilities
The bringing both of weapons of any kind and transmitting and receiving facilities are strictly prohibited, except computers and mobile telephones.
- Special arrangements
Changes, deviations and special regulations will only become effective if they were agreed upon in writing by the representative and the charterer.
- Legal venue
Provided that the contract for the transfer of use and enjoyment and the general terms and conditions of business are not sufficient to settle a dispute, the contract is governed by the law of the Netherlands. The legal venue is the registered place of the representative.