GENERAL TERMS AND CONDITIONS BBZ/TCN
(Version 2010)
Article 1 Definitions
In these General Terms and Conditions, the following shall be understood:
a. The Shipping Agent: a natural or legal person authorised to conclude one or more contractual agreements with the Client as regulated in these General Terms and Conditions.
b. The Customer: Natural or legal person authorised to enter into one or more contractual agreements governed by these Terms and Conditions with the Shipping Agen
c. The Contractual Agreement: any agreement between the Shipping Agent and the Client governed by these Terms and Conditions.
d. The Guest: any third party admitted to the Ship on the basis of the Contractual Agreement concluded by the Customer with the Ship's Agent.
e. The voyage: the entirety of voyages with a stay on board the vessel during the period specified in the contractual agreement.
f. Luggage: luggage that a customer and/or guest can easily take with them in one go, consisting of suitcases, bags, duffle bags and/or rucksacks.
g. The ship: the ship referred to as such in the contract agreement.
h. The price: the price stated as such in the contract agreement.
i. The Master: the person who is the Master of the Vessel.
Article 2 Scope of application
2.1 These Terms and Conditions apply to all Contractual Agreements, which are understood to mean offers relating to the formation of these Contractual Agreements, which the carrier concludes with the customer with regard to transport and/or catering and everything related thereto in the broadest sense of the word, unless expressly agreed otherwise.
2.2 cancelled
2.3 These Terms and Conditions also apply in favour of all natural or legal persons of whom the carrier, in the broadest sense of the word, makes or has made use in the conclusion and/or execution of the contractual agreement.
2.4 These Terms and Conditions shall apply to the exclusion and express rejection of all other terms and conditions, by whomsoever deviating, unless expressly agreed otherwise in writing.
2.5 Individual changes and/or additions must be agreed in writing.
2.6 cancelled
Article 3 The offer / quotation cancelled
Tall Ship Artemis b.v. acting by the name of Tall Ship Company, Zevenhuizen 52, 8801 AW Franeker (NL)
Tel. +31 (0)517 34 28 10 Fax. +31 (0)517 34 28 08 Mobile phone +31 (0)6 51 60 16 96
e-mail: info@tallship-company.com Website: www.tallship-company.com
Article 4 The contractual agreement
4.1 This contractual agreement is concluded by acceptance of the offer by the customer. The carrier will send a written or electronic confirmation to the customer after the conclusion of the contract.
4.2 The customer shall provide the carrier with all personal details of himself and the guests registered by him before or at the latest at the start of the journey.
Article 5 Cancellation
5.1 In the event of cancellation of the contract by the customer, the carrier must be informed of this as soon as possible in writing by letter. The date of receipt by the carrier will be noted as the date of cancellation.
5.2 In the event of cancellation, the customer is liable to pay the carrier fixed compensation.
Compensation ship: 15% in case of cancellation up to 6 months before the date of departure;
20% in case of cancellation up to 5 months before the date of departure;
30% in the event of cancellation up to 4 months before the departure date;
40% in the event of cancellation up to 3 months before the departure date;
50% in the event of cancellation up to 2 months before the departure date;
75% in the event of cancellation up to 1 month before the date of departure;
90% in the event of cancellation up to 1 day before the day of departure;
100% in the event of cancellation on the day of departure.
Compensation for catering and other services:
15% in the event of cancellation up to 2 months before the day of departure;
25% in the event of cancellation up to 1 month before the departure date;
50% in the event of cancellation up to 2 weeks before the departure date;
75% in the event of cancellation up to 1 week before the departure date;
95% in the event of cancellation up to 1 day before the day of departure;
100% in the event of cancellation on the day of departure.
Article 6 Deferment and cancellation of the contract
6.1 If one of the parties fails to fulfil its obligations under this agreement, the other party shall be entitled to suspend the obligation in question, unless the delay in performance is of such a special nature or minor importance that suspension is not justified.
6.2 If one of the parties fails to fulfil its obligations under this contractual agreement, the other party shall be entitled to terminate the contractual agreement, unless the delay in performance is of such a special nature or minor importance that termination would not be justified.
6.3 The carrier shall at all times have the right to terminate the agreement with immediate effect in the event that
- the customer has filed for bankruptcy, has been granted a moratorium on payment, is subject to debt rescheduling, or is placed under guardianship;
- the customer does not fulfil his obligations under this agreement within 5 working days of a written reminder.
- a situation as described in Article 11 paragraphs 2, 3 and 4 arises.
- the vessel in question is unavailable due to unforeseen circumstances and it is not possible to offer another comparable vessel despite sufficient efforts on the part of the shipping agent.
6.4 Cancellation or termination of the contract must be made in writing, stating the grounds on which it is based. The agreement shall be deemed to have been cancelled out of court after the customer has received the letter of cancellation, but in any case 5 days after the letter of cancellation has been sent.
