Article 1: Definitions
In these general terms and conditions, the following terms are understood to mean the following:
a) Ivan Frank Sloepverhuur – BBQ Boat Amsterdam
b) Client: the (potential) buyer/client is either a consumer or a professional client;
c) Consumer: a person who is not acting in the exercise of a profession or business;
d) Professional Client: Any entity that does not fall under the definition of consumer.
Article 2: Applicability
2.1 These general terms and conditions apply to every offer, quotation/option and all purchases of (e-)tickets and other products/services via www.bbqbootamsterdam.net or via the points of sale of Ivan Frank Sloepverhuur, insofar as these terms and conditions are not Ivan Frank Sloepverhuur has expressly deviated in writing.
2.2 When purchasing an (e-)ticket or other product/service from Ivan Frank Sloepverhuur, the Client expressly and without reservation accepts the applicability of these terms and conditions. The terms and conditions are on the website of Ivan Frank Sloepverhuur, are available for inspection in the store and can be requested free of charge from Ivan Frank Sloepverhuur.
2.3 The applicability of any general or other terms and conditions of the Client is expressly rejected.
2.4 If one or more provisions of these terms and conditions are null and void or are voided, the other provisions of these terms and conditions will remain fully applicable. The parties will then enter into consultation in order to agree on new provisions to replace the invalid or voided provisions, whereby the purpose and purport of the original provision will be taken into account as much as possible.
2.5 Ivan Frank Sloepverhuur has the right to change the provisions laid down in these general terms and conditions as required by the circumstances. The Client now accepts for now that general terms and conditions that have been amended on the basis of this article are binding on the Client with regard to orders that the Client gives, after the Client has been duly informed by Ivan Frank Sloepverhuur of the amended general terms and conditions.
2.6 In the event of a conflict between the Dutch text of the general terms and conditions and translations thereof, the Dutch text will always prevail.
Article 3: Offers and quotations
3.1 All offers are without obligation, unless a term for acceptance is stated in the offer.
3.2 All offers made by Ivan Frank Sloepverhuur are without obligation. They are valid for 13 days, unless stated otherwise. Ivan Frank Sloepverhuur is only bound by the offers if the acceptance thereof is confirmed in writing by the Client within 13 days, unless indicated otherwise.
3.3 The agreement will not be concluded until Ivan Frank Sloepverhuur has confirmed an order in writing or has started to carry it out. This also applies if it is created electronically.
3.4 All quotations from Ivan Frank Sloepverhuur and all amounts charged by Ivan Frank Sloepverhuur to the Client are inclusive of VAT and in euros, unless expressly stated otherwise or agreed between the parties. Ivan Frank Sloepverhuur reserves the right vis-à-vis the Client to make reasonable price changes where appropriate.
3.5 If an offer is accepted, Ivan Frank Sloepverhuur has the right to revoke the offer for two working days after receipt of the acceptance. The management reserves the right to annul an agreement concluded by its employee within a reasonable period of 8 days.
3.7 Offers or quotations do not automatically apply to future assignments.
Article 4: E-tickets
4.1 Ivan Frank Sloepverhuur provides e-tickets with a unique barcode. The e-tickets can be downloaded immediately after payment, in addition, the e-tickets are sent digitally to the specified e-mail address.
4.2 Ivan Frank Sloepverhuur is not liable if the e-mail address entered by the Client is incorrect or if his e-mail account does not work correctly.
4.3 The client must print the e-tickets himself and bring them to Ivan Frank Sloepverhuur.
4.4 Prior to the service to be purchased, the hot ticket will be collected or checked. Each e-ticket can only be used once. After the check at the entrance, the e-ticket loses its value.
4.5 The barcodes on the e-tickets may not be folded or damaged. In the event of damage, access to the goods used by Ivan Frank Sloepverhuur can be refused.
4.6 The legal ‘approval period’ of 7 working days based on the ‘Distance Buying Act’ does not apply to the purchase of e-tickets, in view of Article 7:46i paragraph 3 of the Dutch Civil Code.
4.7 Ivan Frank Sloepverhuur reserves the right to refuse or cancel an order without giving any reason. Client will be informed of this.
4.8 If due to technical malfunctions of any nature whatsoever as a result of which payments cannot be processed or authorized correctly or on time, Ivan Frank Sloepverhuur does not accept any liability.
4.9 It is not permitted to use the e-tickets for commercial purposes without written permission from Ivan Frank Sloepverhuur.
4.10 E-tickets cannot be used in combination with other promotions and/or discounts. If the validity date of the e-tickets has expired, it is not possible to exchange them and there is no right to a refund or compensation.
Article 5: Force majeure and resolutive conditions
5.1 If Ivan Frank Sloepverhuur cannot fulfill its obligations due to force majeure or an appeal to a resolutive condition, there is no right to a refund or compensation.
5.2 In these terms and conditions, force majeure is understood to mean, in addition to what is understood in this respect by law or jurisprudence, all external causes, foreseen or unforeseen, over which Ivan Frank Sloepverhuur cannot exert any influence, but as a result of which Ivan Frank Sloepverhuur is unable to fulfill its obligations. This includes in any case, but not exclusively: fire, accident, illness, pandemic, strike, riot, war, government measures and transport restrictions.
5.3 Weather conditions (hard storm and/or ice conditions and/or high water), early darkness and technical calamities, as a result of which the (tour) trip is impeded or made impossible, are the resolutive condition for all (tour) cruises, at the discretion of Ivan Frank. Sloop rental.
Article 6: Rules of conduct
6.1 When purchasing a service or product from Ivan Frank Sloepverhuur or by entering the goods used by Ivan Frank Sloepverhuur, the Client expressly and without reservation accepts the applicability of the rules of conduct of Ivan Frank Sloepverhuur referred to in the general terms and conditions.
6.2 Ivan Frank Sloepverhuur is entitled to remove Clients who misbehave or are in an apparent state from the goods it uses, including jetties and vessels.
6.3 The Client must follow all instructions from Ivan Frank Sloepverhuur or its employees punctually and without delay.
6.4 (Domestic) animals are not permitted in/on the items used by Ivan Frank Sloepverhuur, including jetties, pedal boats and vessels.
6.5 Access to vessels, jetty and (sales) locations can be refused without giving any reason if this is deemed necessary by Ivan Frank Sloepverhuur, for example in connection with capacity, safety, public order, the imminent occurrence of damage and nuisance, without the Client being entitled to a refund or compensation.
6.6 If instructions are not followed, Ivan Frank Sloepverhuur has the right to abort the trip. In that case, the Client cannot claim restitution or compensation.
Article 7: Canal cruise
Without prejudice to the above provisions, the following specific conditions apply to the Canal Cruise Packages:
a) The maximum number of persons in the ships of Ivan Frank Sloepverhuur may never exceed the number for which the boat has been approved;
b) Ivan Frank Sloepverhuur reserves the right to request a deposit or cleaning costs in special cases. The amount is determined by Ivan Frank Sloepverhuur;
c) At the end of the trip, the Client must sign a sailing order confirming the service performed;
d) The Client cannot claim a specific type of boat or a specific boat for the execution of a program, unless otherwise agreed.
Article 8: Catering
8.1 Catering on board is provided exclusively by third parties engaged by Ivan Frank Sloepverhuur, unless explicitly agreed otherwise between the parties.
8.2 The Client is obliged to pay catering costs, insofar as they are not included in the offer, quote/option, to Ivan Frank Sloepverhuur within the term referred to in Article 3.2.
8.3 Own catering (mastic and linen) must be environmentally friendly and reusable.
8.4 Ivan Frank Sloepverhuur calculates a surcharge for administration costs on drinks consumed in cafés and restaurants.
8.5 Ivan Frank Sloepverhuur reserves the right to ask guests present for proof of identity to check their age in connection with the provision of alcoholic beverages.
8.6 Ivan Frank Sloepverhuur reserves the right not to provide any alcoholic beverages (anymore) if the staff have compelling reasons to do so.
Article 9: Intellectual Property
9.1 You may be photographed or filmed as a guest. Ivan Frank Sloepverhuur always reserves the right to use this material for publication.
Article 10: Liability
10.1 Ivan Frank Sloepverhuur is never liable for damage to and/or loss of property of Client. Client takes all his or her belongings on board at his or her own risk.
10.2 Ivan Frank Sloepverhuur is never liable for damages caused by death or injury of Client, unless caused by intent or gross negligence of Ivan Frank Sloepverhuur.
10.3 Ivan Frank Sloepverhuur is never liable for damage to persons or property of client caused when entering the premises used by Ivan Frank Sloepverhuur, including the landing stage, (sales) locations and vessels. Client enters these areas at his own risk.
10.4 Ivan Frank Sloepverhuur is never liable for damages caused by a delay in departure or during the trip.
10.5 Ivan Frank Sloepverhuur is never liable for indirect or consequential damages, including (but not limited to) trading losses, damages due to business stagnation and/or loss of profits of Client. In the case of consumer sales, this limitation does not extend beyond that permitted under article 7:24 paragraph 2 of the Civil Code.
10.6 Ivan Frank Sloepverhuur shall not be liable for any acts and omissions of its subordinates as referred to in article 6:170 BW and other persons as referred to in article 6:171 BW.
10.7 Insofar as Ivan Frank Sloepverhuur is liable for any damages, this liability shall be limited to a maximum of the amount covered by its insurance.
10.8 Insofar as Ivan Frank Sloepverhuur is liable for any damages not covered by its insurance, this liability is limited to a maximum of the amount of the invoice.
10.9 Client is liable for damage caused by Client to the items or third parties in use by Ivan Frank Sloepverhuur.
10.10 Client is liable for damages caused by Client or his luggage to Ivan Frank Sloepverhuur or its employees. The Master is authorized to refuse baggage on the vessel at his discretion.
10.11 All activities organized by Ivan Frank Sloepverhuur take place entirely at Client’s own risk.
10.12 Client indemnifies Ivan Frank Sloepverhuur against claims for damages by third parties.
Article 11: Payment
11.1 Payment must always be made within 13 days of the invoice date, in a manner to be indicated by Ivan Frank Sloepverhuur in the currency in which the invoice is made, but no later than 1 working day before the agreement between the parties is executed. Ivan Frank Sloepverhuur is only allowed to proceed with implementation after full payment has been made.
11.2 If the Client fails to pay an invoice on time, the Client will immediately be in default without further notice of default being required. The Client then owes interest. In the case of a consumer purchase, the interest is equal to the statutory interest. In other cases, the Client owes an interest of 3% per month, unless the statutory commercial interest is higher, in which case the statutory commercial interest is due.
11.3 Ivan Frank Sloepverhuur has the right to have the payments made by the Client go first to reduce the costs, then to reduce the interest that has accrued and finally to reduce the principal sum and accrued interest. Ivan Frank Sloepverhuur can, without being in default as a result, refuse a payment proposal from the Client if the Client designates a different order of allocation of payment. Ivan Frank Sloepverhuur can also refuse full repayment of the principal sum, if the outstanding and accrued interest and collection costs are not also paid.
11.4 The Professional Client is never entitled to set off the amount it owes Ivan Frank Sloepverhuur.
11.5 Objections to the amount of an invoice do not suspend the payment obligation. Nor is the Professional Client entitled to suspend payment of an invoice for any other reason.
11.6 In the event of late payment, bankruptcy, suspension of payment or application of the WSNP, all debts of the Client to Ivan Frank Sloepverhuur become immediately due and payable and all consequences of non-compliance take effect immediately and the Client is without prejudice to Ivan’s other rights. Frank Sloepverhuur and without prior notice of default being required to Ivan Frank Sloepverhuur about the outstanding invoice amount until the time of full payment and the statutory commercial interest increased by two percent, on the outstanding amount until the time of full payment. In that case, the Client will also owe an amount equal to 20% of the overdue payment for extrajudicial collection costs, with a minimum of Euro 500 (excluding VAT). In the event of late payment, the Client owes Ivan Frank Sloepverhuur the full collection/lawyer costs. The provisions of this paragraph are without prejudice to the other rights accruing to Ivan Frank Sloepverhuur.
11.7 If the Client is in default or defaults in the timely fulfillment of its obligations, all reasonable costs incurred in obtaining payment out of court will be borne by the Client. The extrajudicial costs are calculated on the basis of what is customary in Dutch collection practice, currently the calculation method according to Rapport Voorwerk II. However, if Ivan Frank Sloepverhuur has incurred higher collection costs that were reasonably necessary, the actual costs incurred will qualify for reimbursement. Any judicial and execution costs actually incurred will also be borne by the Client. The latter also owes the statutory (commercial) interest on the collection costs due.
11.8 Ivan Frank Sloepverhuur is entitled to retention with regard to goods that it has in its possession from the Client, until its total claim against the Client has been paid.
11.9 The client is obliged to provide Ivan Frank Sloepverhuur at first request with sufficient security for the payment of the outstanding claims, even if these are not due and payable. This under penalty of suspension by Ivan Frank Sloepverhuur of its obligations.
Article 12: Cancellations and Delays
12.1 After the agreement has been concluded, the Client owes the following percentages of the full invoice amount in the event of cancellation:
– more than 8 weeks before the agreed date for the implementation of the agreement: 10%;
– between 8-4 weeks before the agreed date of execution of the agreement: 20%;
– between 4-2 weeks before the agreed date of execution of the agreement: 33%;
– between 2-1 weeks before the agreed date for the implementation of the agreement: 50%;
– between 7-2 days before the agreed date of execution of the agreement: 75%;
– within 48 hours before the agreed date for the implementation of the agreement: 100%.
12.2 In the event of cancellation after the final confirmation, the Client is at all times obliged to pay € 25 administration costs.
12.3 The cancellation desired by the Client can only be made in writing.
12.4 Reduction of the number of participants within a margin of 10% can be indicated in writing by the client free of charge up to 48 hours before the agreed date for the implementation of the agreement, unless otherwise agreed. If the number of participants decreases by more than 10%, the cancellation provisions referred to in Article 13.1 apply.
12.5 For extra passengers who have not been registered 48 hours prior to the cruise, a reasonable price will be charged extra. Ivan Frank Sloepverhuur decides whether or not to allow additional passengers if the number stated on the quotation is exceeded.
12.6 If the Client or the persons invited by him are not present at the time agreed with Ivan Frank Sloepverhuur, the additional costs incurred by Ivan Frank Sloepverhuur as a result will be passed on to the Client. This is without prejudice to Ivan Frank Sloepverhuur’s right to cancel the activity in such a case, whereby the percentages referred to in Article 12.1 apply mutatis mutandis.
Article 13: Complaints
13.1 Complaints regarding invoice amounts and/or the services provided by Ivan Frank Sloepverhuur must be made known in writing to Ivan Frank Sloepverhuur within 5 days after the invoice was sent or within 5 days after the day the service was provided, with a a clearly specified statement of complaints, in the absence of which the Client is deemed to have accepted this.
13.2 Contrary to article 13.1, any complaints about the catering must be reported directly to the serving staff on the evening itself and explicitly.
Article 14: Waiver of rights and prescription
14.1 A waiver by Ivan Frank Sloepverhuur of one or more rights with regard to a violation of a provision of these general terms and conditions does not constitute a waiver of one or more rights with regard to a violation of other provisions, nor with regard to a subsequent violation of the same provision. .
14.2 Any legal claim that the buyer has on the basis of an agreement concluded with Ivan Frank Sloepverhuur will lapse one year after it has arisen. In the case of consumer purchase, paragraph 1 does not apply to legal claims and defenses that are based on facts that would justify the statement that the delivered item or service does not comply with the agreement. In that case, such claims or defenses become time-barred after the expiry of 2 years after the Client has notified Ivan Frank Sloepverhuur of the non-conformity in a timely manner.
Article 15: Dissolution and amendment of the agreement
15.1 Without prejudice to the rights of Ivan Frank Sloepverhuur under the law, if the Client does not fulfill one of its obligations towards Ivan Frank Sloepverhuur, or Ivan Frank Sloepverhuur fears that the Client will not fulfill its obligations and/or the Client is unable to to provide adequate security for the fulfillment of its obligations at the first request of Ivan Frank Sloepverhuur, Ivan Frank Sloepverhuur has the right to suspend (further) performance of the agreement(s) concluded with the Client, or to the agreement(s) in full or partially dissolve.
15.2 The rights and powers referred to in Article 15.1 in any case also accrue to Ivan Frank Sloepverhuur in one or more of the following cases:
a) The Client changes its corporate form;
b) Control within the Client’s company changes;
c) Client’s products are seized;
d) The Client applies for suspension of payments, is declared bankrupt or otherwise loses the free disposal of its assets;
e) Client goes into liquidation;
f) The Client dies or, if it is a company, is dissolved.
15.3 If the condition of the waterway or other circumstances require or justify the navigation and/or activity (also but not exclusively) in the interest of safety, Ivan Frank Sloepverhuur shall at all times be entitled to (part of) its change or cancel sailing schedules, routes or activities, without this leading to any refund or compensation for the Client.
Article 16: Applicable law and competent court
16.1 All legal relationships to which Ivan Frank Sloepverhuur is a party are governed exclusively by Dutch law, even if the party involved in the legal relationship is domiciled abroad. The applicability of the Vienna Sales Convention is excluded.
16.2 With regard to all disputes related to the provisions referred to in Article 16.1, the parties will make every effort to resolve these disputes in mutual consultation. However, if no reasonable solution can be reached between the parties, these disputes will in the first instance be submitted exclusively to the competent court in the district of Amsterdam, except with regard to consumer purchase disputes, in which case the disputes will be settled by the designated relatively competent judge by law.