GENERAL TERMS AND CONDITIONS
ARTICLE 1. DEFINITIONS
For these Terms and Conditions the following definitions apply:
Chartering Company: the lessor of a (sailing) yacht
Service provider: the carrier, accommodation provider, travel organizer and / or other service provider in the field of travel
Tubber BV based in Groningen, trading under the names Zeiljachthuren.nl, Tubber and Euroboatcharter
Agreement: Any agreement or other legal relationship between the Traveller and Tubber BV, including any change or supplement to it
Service Agreement: every agreement between the Traveller on the one hand and the Charter Company / Service Provider on the other, which has come about through the mediation of Tubber BV
Traveller: the counter party of Tubber BV on an Agreement
Conditions: These general conditions.
ARTICLE 2. APPLICABILITY Tubber BV
1 These Terms and Conditions apply to all legal relationships between Tubber BVand the Traveller.
2 Sailing yachts, Euroboatcharter and Tubber are trade names of Tubber BV These Terms and Conditions also apply to all legal relationships between, theboatboys, Zeiljachthuren, Euroboatcharter and Tubber and the Traveller.
3 Deviations from and / or additions to these Terms and Conditions only apply if and insofar as they have been accepted by Tubber BV in writing. An agreed deviation or supplement only relates to the specific agreement for which it was agreed and not for any subsequent agreements with the same Traveller.
ARTICLE 3. POSITION OF Tubber BV
1 Tubber BV acts exclusively as an (travel) agent. This means that Tubber BV does not act as tour operator, charter company and / or service provider, but that Tubber BV exclusively advises, informs and mediates in the establishment of service agreements between the Traveller on the one hand and a charter company and / or service provider on the other.
2 As a travel agent Tubber BV is able to make a reservation for the Traveller at a Charter Company and / or another Service Provider. Tubber BV thereby establishes a Service Agreement between the Traveller and the Charter Company chosen by the Traveller and / or other Service Provider. Tubber BV itself is not a party to that Service Agreement and is not responsible for the execution thereof. Only the Charter Company and / or Service Provider, with whom the Traveller enters into a Service Agreement (whether or not after mediation by Tubber BV, is responsible for the execution of the concluded Service Agreement.
3 Tubber BV can inform the Traveller the possibility of taking a cancellation and travel insurance. If the Traveller chooses to conclude such an insurance contract with an insurer,Tubber BV is not a party to that agreement.
ARTICLE 4. OBLIGATIONS Tubber BV
1 Tubber BV makes every effort to carry out the work it provides in the field of advice, information provision and mediation as carefully as possible. However, it does not guarantee a result.
2 All valid time periods (specified or agreed) by Tubber BV have been reported to the best of our knowledge and will be taken into account as much as possible. Tubber BV will only be in default on account of a delay in a time period after written notice of default by the traveller, with a further and reasonable deadline for completion.
ARTICLE 5. OBLIGATIONS TRAVELLER
1 The Traveller shall provide Tubber BV with all information that is useful and / or necessary for concluding a Service Agreement with a Charter Company and / or Service Provider (and the execution thereof) regarding himself and the (possible) other traveller (s). This means that the Traveller must provide the following information to Tubber BV: mobile telephone, e-mail address, personal details and / or physical and / or mental situation of all accompanying persons.
2 The Traveller shall ensure that he (and his travel companions) has valid travel documents and visas in good time and that they comply with any health and other formalities required for the intended destination. The Traveller is also responsible for the possession of other necessary documents, such as proofs of vaccinations and vaccinations, driver’s license and green card.
3 In case the mediation for the rental of a sailing yacht is part of the Agreement with Tubber BV the Traveller guarantees that he (or one of his travel companions) has the required diplomas / sailing certificates and factual knowledge, experience and expertise to be able to navigate the sailing yacht in a responsible manner. The Traveller will at all times observe the principles of good seamanship. This includes that the Traveller (and his travel companions) will strictly comply with the Service Agreement concluded with the Charterer.
ARTICLE 6. CONCLUSION OF THE AGREEMENT WITH Tubber BV
1 Agreements on mediation or advice between Tubber BV and the Traveller (and amendments thereto) are only concluded at the time that Tubber BV (1) has accepted them in writing; and / or (2) actually commences with the execution of the agreed work. Tubber BV is not obliged to accept an assignment is has received.
ARTICLE 7. AGREEMENT WITH CHARTER COMPANY / PROVIDER
1 The Traveller is bound by the Service Agreement concluded by Tubber BV and a Charter Company and / or Service Provider. Telephone reservations and / or commitments by e-mail or via the website are also considered as an assignment from the Traveller to Tubber BV
2 Tubber BVs offer is non-committal and may be revoked unilaterally by Tubber BV, even after the offer has been accepted by the Traveller. Furthermore, Tubber BV is entitled to revoke due to correction of errors in the calculation of the travel sum or other errors. Tubber BV is obliged to make the revocation as soon as possible, stating possible reasons as to why. In the event of cancellation, the Traveller is entitled to an immediate refund of any money paid.
3 The prices of the reserved services may be adjusted in accordance with the conditions of the Charter Company and / or Service Provider. These adjustments will be forwarded and passed on to the Traveller as soon as possible by Tubber BV.
4 Tubber BV is not held by apparent and obvious errors in offers, confirmations and / or Service Agreements Such errors and mistakes are errors and mistakes that – from the perspective of the average traveller – are or should be recognized as such at first glance.
5 Tubber BV will confirm the Service Agents brokered for the Traveller as soon as possible in writing (by e-mail or by post) to the Traveller.
6 The Traveller may terminate a concluded Service Agreement with a Charter Company and / or Service Provider by written notification no later than 48 hours after sending the written confirmation as referred to in paragraph  of this article, stating reasons. If the Traveller does not (timely) forward a complaint or give reasons, the aforementioned confirmation serves as proof of the existence of the Service Agreement and its content (this of course does not affect the possibility for the Traveller to provide evidence to the contrary).
7 The Traveller is fully liable to Tubber BV and to the Charter Company / Service Provider for the requirements resulting from the Service Agreement. If the Traveller has also booked for other persons, those other persons are also liable for their part in the Service Agreement.
ARTICLE 8. CHANGES AND / OR CANCELLATION BY THE TRAVELLER
1 Any cancellations of, or changes to, assignment (s) issued to Tubber BV to make reservations can only take place on working week days by the Traveller. In the event of a cancellation, Tubber BV is authorized to charge the Traveller for any reasonable costs it has already incurred.
2 If, at the request of the Traveller, a cancellation takes place of an already concluded Service Agreement with a Charter Company and / or Service Provider (or if adjustments are made to it at the request of the Traveller), then all related costs shall be borne by the Traveller. In addition to the cancellation or alteration costs charged by the Charter and / or Service Provider, this may also be the costs that Tubber BV must incur in order to effect the cancellation or change.
ARTICLE 9. PAYMENTS
1 Tubber BV is authorized to collect all or part of the amounts owed by the Traveller to the Charter Company and / or the Service Provider.
2 The Traveller is obliged to pay 50% of the fare as stated in the booking confirmation as a deposit within three days after the conclusion of the Service Agreement to Tubber BV on the account number specified by Tubber BV. The second (and final) down payment must be paid at least six weeks before the start of the trip (or – if this is later – immediately after the conclusion of the Service Agreement). All payments by the Traveller take place without discount, suspension and / or settlement
3 All payments must be paid within the periods specified by Tubber BV, failing such payments the Traveller will be in default by law.
4 If the Traveller has failed to fulfil his payment obligations, the Service Agreements concluded on his behalf shall be deemed to be void and cancelled, unless the conditions of the Chartered Party and / or Service Provider prescribe otherwise. Tubber BV has the right to charge the Traveller with the costs of the cancellation or to deduct from the deposit (s) received.
5 Should the Traveller fail to fulfil his payment obligations (on time); all collection costs (both judicial and extrajudicial) are at the expense of the Traveller. The extrajudicial collection costs are equal to the amounts as described in the “Voorwerk II” report with a minimum of € 1,500 (excluding VAT).
ARTICLE 9. LIMITATION OF LIABILITY
1 Tubber BV is not liable for actions and / or negligence of the Charter companies and / or Service Providers involved, nor for the accuracy of the information provided by these third parties. Tubber BVis not responsible for photos, brochures, advertisements, websites and other information carriers insofar as these are drawn up or published under the responsibility of third parties.
2 In so far as Tubber BV itself is imputably unable to deliver and the Traveller suffers damage (including damage due to lost travel time), Tubber BV’s liability is limited to a maximum of one time the amount invoiced by Tubber BV to the Traveller (and paid by the Traveller).
3 Tubber BV is not liable for damage that would have been reimbursed under the usual travel and / or cancellation insurance policies (if the Traveller had such a customary travel and / or cancellation insurance). This exclusion of liability also applies in the situation that the Traveller has not taken out a travel and / or cancellation insurance. This decision is for the account and risk of the Traveller himself.
4 Tubber BV is not liable in regards to the Traveller for indirect damage and / or consequential loss, including – but not limited to – missed turnover, missed profit, loss of enjoyment , damage suffered by third parties for which the Traveller and / or his fellow passengers are held liable , damage due to missing connections, damage caused by delays, etc.
5 Tubber BVs liability for death or bodily injury is limited to the amount paid out by its liability insurer for the occurring case. In the event that no insurance is paid out the liability of Tubber BV is limited to an amount of € 50,000.
6 The exclusions and limitations of liability included in this article also apply to Tubber BV staff.
7 Should Tubber BV’s services unintentionally qualify as a travel contract as referred to in Section 7: 500 Dutch Civil Code, the following additional provisions apply:
1 The Traveller is obliged to Tubber BV in fulfilling all the mentioned obligations, which he must also fulfil with regards to the charterer and / or Service Provider engaged on the basis of the Service Agreement concluded with those parties. The Traveller hereby guarantees that his travel companions are also in compliance thereof. Shortcomings of the Traveller and / or his travel companions with respect to the Charter Company / Service Provider are considered to be a shortcoming towards Tubber BV.
2 Tubber BV is no longer obliged vis-à-vis the Traveller to comply with the obligations of the Charter Company and / or Service Provider, with whom a Service Agreement has been concluded in the name of the Traveller.
3 In the event of a shortcoming, Tubber BV’s liability to the Traveller is limited to the amount that the Charterer and / or Service Provider in question would owe to the Traveller under the concluded Service Agreement.
4 In no case isTubber BV’s liability for damage other than financial loss (such as loss of money and / or loss of travel enjoyment) greater than an amount equal to at most one time the travel sum.
5 In no case shall Tubber BV’s liability for all other types of damage (with the exception of damage due to death or bodily injury) exceed an amount equal to three times the travel sum.
ARTICLE 10. COMPLAINTS
1 The Traveller is obliged to submit any complaints about Tubber BV’s services to Tubber BV within one month after the expiration of the Service Agreement, to which the complaint relates, in the absence of which the Traveller’s right to do so later, will expire.
ARTICLE 11. OTHER PROVISIONS
Dutch law applies to all Agreements with Tubber BV.
1 The court of Justice “Noord Nederland” (location Groningen) is also authorized to take cognizance of disputes between the Traveller and Tubber BV.