General terms and conditions Oxido Yachting V.O.F.

 

The partnership firm Oxido Yachting established and with offices at Schelvisstraat 1 5706BL Helmond registered under KvK-no. 88415104

 

Article 1: General

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a) In these General Terms and Conditions "(the) ‘client" means every (legal) person who negotiates and/or enters into agreements with Oxido Yachting, Company under firm Oxido Yachting hereinafter: Oxido Yachting, with respect to products and services to be delivered by Oxido Yachting.
 

b) These general terms and conditions apply to all our offers, quotations, orders carried out or to be carried out and agreements. Oxido Yachting expressly rejects the application of the client's own or other general terms and conditions.
 

c) Deviations from these General Conditions shall only bind Oxido Yachting if Oxido Yachting and the Customer have expressly agreed such deviations in writing.
 

d) These terms and conditions also apply to orders with Oxido Yachting involving third parties and/or subordinates.
 

e) If one or more of the provisions of these General Conditions lapse, the remaining provisions of these General Conditions shall remain applicable. In that case the parties shall consult to agree to substitute provisions, starting as far as possible from the purpose and tenor of the original provision.
 

f) These terms and conditions have been filed at the Chamber of Commerce where Oxido Yachting is registered. The last filed version or the version valid at the time the order/agreement was made is always the valid version.

 

Article 2: Agreements

 

a) Oxido Yachting's quotations are based on the information given by the Customer. The Customer guarantees that to the best of his knowledge he has given all information essential for the design and execution of the order and/or delivery of products and/or services.

 

​b) Quotations made by Oxido Yachting are non-binding and valid for 30 days, unless otherwise indicated. Oxido Yachting is only bound to the quotations if their acceptance is confirmed in writing by the client within 30 days. An order given by the Customer to Oxido Yachting is only binding on Oxido Yachting after Oxido Yachting has confirmed this order to the Customer in writing.

 

c) If after the conclusion of the agreement the Customer desires changes in its execution, it is up to Oxido Yachting to determine whether, and if so, under which (further) conditions these changes can still be accepted in the framework of the agreement.

 

d) Changes in the agreement, of whatever nature, shall only be effective if they have been agreed in writing between Oxido Yachting and the Customer. If higher costs are associated with the change, Oxido Yachting is entitled to charge them to the Customer.

 

e) Oxido Yachting reserves the right in appropriate cases to change the construction, appearance and composition of the products and services it delivers if and insofar as this does not substantially affect the agreed quality of the products ordered.

 

f) A composite quotation does not oblige Oxido Yachting to perform part of the order at a corresponding part of the quoted price.

 

g) If a long-term contract has been concluded in subscription form at a fixed monthly rate, Oxido Yachting is entitled to pass on the inflation correction to the customer, products are billed separately.

 

h) Quotations do not automatically apply to future orders.

 

Article 3: Payments and prices

 

​a) The prices in the quotes mentioned are exclusive of VAT, other government levies and other costs incurred for the order, such as shipping and insurance costs, unless stated otherwise.

 

b) All levies and other costs referred to in sub a shall be borne by the customer. All transport and insurance costs due shall be borne by the customer, unless the parties have expressly agreed otherwise.

 

c) Payment must be made in advance, if possible immediately upon acceptance of the offer but in any event within 14 days and prior to the work and/or provision of services, unless otherwise agreed in writing. The Customer is not allowed to set off the payment due against a claim he thinks he has on Oxido Yachting or to suspend payment.

 

d) If the customer does not pay any amount due within the period set, the customer is legally in default without further notice of default being required. From the due date of the invoice the Customer owes statutory interest plus 2%, to be calculated per (part of the) month over the outstanding amount. Oxido Yachting furthermore claims extrajudicial costs amounting to the legal limit set in the Wet Incassokosten, with a minimum of EUR 50, without the need for proof. The aforementioned costs are due from the moment the claim is placed in the hands of a lawyer, bailiff or collection agency, regardless of whether the client is aware of them.

 

e) Any other costs, both judicial and extrajudicial, incurred by Oxido Yachting to enforce compliance with the Customer's (payment) obligations shall be borne by the Customer.

 

Article 4: Rights and responsibilities of the captain and crew.

 

a) The captain has the final authority to determine whether guests in excess of the previously identified number of guests should be allowed on board for any length of time.

 

b) Without prejudice to any other remedy of Oxido Yachting, if, in the employees of Oxido Yachting or subordinates reasonable judgment, the client or any of his guests fails to comply with any of the provisions contained herein and if such failure continues after the Captain has given the necessary and specific warning to the client, the Captain shall notify Oxido Yachting and Oxido Yachting may immediately terminate the charter or instruct the Captain to return the yacht to its home port and upon such return the charter period shall be terminated. The client and his guests will disembark and the client is not entitled to any refund.

 

c) Specifically with respect to the use of water sports equipment available on the vessel, the captain shall have the authority to exclude the client or any or all of his guests from the use of certain water sports equipment if, in his reasonable judgment, they are not competent, are unsafe, behave irresponsibly, or under the influence or do not show due care for other persons when operating such equipment.

 

d) The Captain will refuse to carry passengers who are non-compliant or under the influence of alcohol or other narcotics, persons whose disabilities were not reported at the time of booking, or any passenger who refuses to sign safety instructions.

 

e) The Captain will disembark any passenger whose behavior could endanger or cause serious discomfort to other passengers, crew members or the ship, or whose health condition appears incompatible with the charter. The failure to discover a possible health incompatibility does not constitute recognition of its acceptance.

 

f) If the client wishes to cancel the charter due to bad weather conditions the client is only entitled to a full refund if the captain or Oxido yachting agrees or it is generally accepted that the weather conditions are too bad to operate and charter.

 

g) Oxido Yachting will not provide insurance to cover the chartered boat against loss or damage to the hull, machinery, equipment and fixtures of the yacht, liability to third parties for loss or damage to any other vessel or property, loss of life or personal injury. Personal property is not covered. The owner of the chartered yacht must provide their own insurance. Additional information is available upon request.

 

h) The client and its guests are advised to purchase travel and cancellation insurance to cover any losses if you must cancel the charter prior to departure or to cover losses not otherwise covered by the above insurance. Please contact Oxido Yachting if you need assistance.

 

i) In case of cleaning operations, the chartered boat must be back at anchor in the pre-arranged port by 19:00. If this agreement cannot be met, Oxido yachting is not responsible for any delay of work and/or extra costs incurred.

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Article 5: Claims and complaints

 

a) The Customer should check upon receipt of the products and/or after completion of the services rendered whether the products and/or services rendered are in conformity with the order or the instruction.

 

b) Complaints on products delivered and/or services rendered should be communicated by the Customer to Oxido Yachting in writing within one week after delivery or completion respectively. Invisible defects or damage should be reported in writing to Oxido Yachting within one week after the customer has discovered the defect or could reasonably have discovered it. Complaints concerning invoices should be submitted in writing no later than one week after the invoice date. If complaints are not submitted in time as mentioned above, any right to compensation in whatever form shall lapse and Oxido Yachting shall not be liable.

 

c) The work referred to in sub b does not cover repairs. Repairs are always checked in consultation with the customer and Oxido Yachting.

 

d) The Customer must enable Oxido Yachting to check the products complained of in their original state on penalty of lapse of rights.

 

Article 6: Force majeure

 

a) Oxido Yachting shall not be liable for any loss, damage or delay or failure in the performance of this agreement due to acts of God, including but not limited to natural disasters, fire, the elements, epidemics, war (declared or undeclared), acts of war, insurrection, revolution or civil strife, piracy, civil war or hostile action, strikes or labor disputes, acts of public enemies, federal or state laws, rules and regulations of governmental agencies having or asserting jurisdiction in the area or of any other group, organization or informal association (whether or not formally recognized as a government), and any other cause beyond the reasonable control of Oxido Yachting that makes continuation of operations impossible.

 

b) In the event of delay or failure based on any event described above:

• All payments for charter/repair or other work will be used as credit on a future agreement. No refunds will be given.

• Oxido Yachting will work with the client to negotiate a new agreement. If the parties cannot achieve a new agreement at that time, the client’s (advance) payment will remain as a credit with Oxido Yachting and will never expire.

 

c) Oxido Yachting is not responsible for additional costs incurred by the client as a result of changes in his/her charter due to force majeure.

 

Article 7: Liability

 

​a) Liability for damage caused by the intentional or deliberate recklessness attributable to Oxido Yachting or one of its subordinates. Oxido Yachting is liable up to the amount covered by its professional liability insurance; up to 2 million euros.

 

b) Oxido Yachting is not liable for indirect damages which refers to damages such as consequential damages, lost profits, lost savings and reduced goodwill.

 

c) liability collapses if the damage is not reported within one calendar year after becoming aware of the liability-creating event and Oxido Yachting as the liable party.

 

Article 8: Secrecy

 

​a) Both the client and Oxido yachting are obliged to keep all confidential information obtained in the framework of the assignment or agreement confidential. Information is regarded as confidential if this has been indicated by the other party or if it appears from the (type of) information.

 

b) The duty of confidentiality referred to under a does not apply if Oxido Yachting, according to a statutory provision or a judicial decision, must provide confidential information to third parties designated by law or by the competent court and it cannot invoke a right to refuse to give evidence, recognized or permitted by law or by the competent court.

 

c) Violation of the duty of confidentiality shall result in an immediately payable fine of €5,000 per violation and €500 per day that the violation continues, without prejudice to the right to claim full damages.

 

Article 9: Disputes and Applicable Law.

 

​a) In case of disputes arising from this Agreement or from agreements building on it, parties will try to solve them in the first instance with the help of a mediator.

 

b) Should it prove impossible to resolve such a dispute with the help of mediation, the dispute will be settled by the competent court in the district where Oxido Yachting is located.

 

c) Dutch law applies to every order and agreement between Oxido Yachting and the Customer. Even if an obligation is wholly or partly carried out abroad or if the customer lives or is established abroad.