Terms and Conditions and Privacy Statement
General Conditions and Privacy Statement of Sailing Dutchman Events B.V. article 1 General Provisions
- These Terms and Conditions apply to all offers, estimates and agreements between Sailing Dutchman Events B.V., Chamber of Commerce No. 68273355, hereinafter: “Sailing Dutchman”, and a client to whom Sailing Dutchman has declared these Terms and Conditions applicable, unless the parties have expressly deviated from these Terms and Conditions in writing.
- These Terms and Conditions also apply to contracts with Sailing Dutchman, the fulfilment of which requires the involvement of third parties by Sailing Dutchman.
- These general Terms and Conditions are also intended for the employees of Sailing Dutchman and the management.
- The applicability of any Terms and Conditions of purchase or other Terms and Conditions of the Client is expressly rejected.
- If at any time any provision or provisions of these Terms and Conditions shall be void or destroyed in whole or in part, the remaining provisions of these Terms and Conditions shall remain in full force and effect. Sailing Dutchman and the Client will then consult to agree on new Terms and Conditions to replace the invalid or void ones, while maintaining the purpose and intent of the original Terms and Conditions as much as possible.
- If there is any ambiguity as to the interpretation of one or more provisions of these General Terms and Conditions, the interpretation shall be “in accordance with the spirit” of those provisions.
- If a situation arises between the parties which is not governed by these General Terms and Conditions, that situation shall be judged “in accordance with the spirit” of these General Terms and Conditions.
- If Sailing Dutchman does not always require strict compliance with these Terms and Conditions, this does not mean that their provisions do not apply or that Sailing Dutchman would in any way lose the right to require strict compliance with the provisions of these Terms and Conditions in other cases.
article 2 Quotations and offers
- All quotations and offers of Sailing Dutchman are non-binding, unless the offer includes a deadline for acceptance. If no acceptance period is specified, the offer or quotation cannot in any way create any rights if the product to which the offer or quotation relates becomes unavailable in the meantime.
- Sailing Dutchman cannot be held liable for its bids or offers if the Client can reasonably see that the bids or offers or any part thereof contain an obvious error or a clerical error.
- Prices quoted in a quotation or offer are exclusive of VAT and other governmental charges, or any costs incurred under the contract, including travel and accommodation, shipping and administrative costs, unless otherwise stated.
- If the acceptance (even in insignificant points) differs from the offer contained in the quotation or offer, Sailing Dutchman is not bound by it. The contract is then not concluded in accordance with this deviating acceptance, unless Sailing Dutchman states otherwise.
- A composite quotation does not oblige Sailing Dutchman to execute a part of the order at a corresponding part of the quoted price. Quotations or estimates do not automatically apply to future orders.
article 3 Duration of the contract; terms of execution, transfer of risk, performance and amendment of the contract; price increase
- The contract between Sailing Dutchman and the Client is concluded for an indefinite period, unless the nature of the contract indicates otherwise or the parties expressly agree otherwise in writing.
- If a time limit has been agreed or stipulated for the performance of certain work or the delivery of certain goods, it is never a deadline. If a time limit is exceeded, the Client must therefore give Sailing Dutchman written notice of default. Sailing Dutchman should be given a reasonable period of time to still fulfil the contract.
- Sailing Dutchman will execute the contract to the best of its knowledge and in accordance with the requirements of good professional practise. All based on the state of the art known at the time.
- Sailing Dutchman has the right to have certain work performed by third parties. The applicability of Sections 7:404, 7:407 (2) and 7:409 of the Dutch Civil Code is expressly excluded.
- The Client shall ensure that all data that Sailing Dutchman designates as necessary or that the Client should reasonably know is necessary for the execution of the contract is provided to Sailing Dutchman in a timely manner. If the data required for the execution of the contract is not provided to Sailing Dutchman in time, Sailing Dutchman is entitled to suspend the execution of the contract and/or to charge the Client for the additional costs incurred due to the delay according to the then usual rates. The execution period only begins after the Client has provided Sailing Dutchman with the data. Sailing Dutchman is not liable for damages of any kind that arise because Sailing Dutchman has relied on incorrect and/or incomplete information provided by the Client.
- If, during the execution of the contract, it becomes apparent that it is necessary to amend or supplement the contract for its proper execution, the parties shall adapt the contract in due time and by mutual agreement. If the nature, scope or content of the contract is changed at the request or indication of the Client, the competent authorities, etc., and the contract is thereby changed in qualitative and/or quantitative terms, this may affect what was originally agreed. This may also increase or decrease the amount originally agreed upon. Sailing Dutchman will communicate the relevant price information as far in advance as possible. An amendment to the contract may further modify the period of performance originally stipulated. The Client accepts the possibility to change the contract.
- If the contract is amended, including an addendum, Sailing Dutchman is entitled to execute it only after approval has been given by the competent person within Sailing Dutchman and after the Client has agreed to the price and other conditions set for the execution, including the time of execution to be determined. The non-performance or non immediate performance of the modified contract does not constitute a default by Sailing Dutchman and is not a reason for the Client to cancel or terminate the contract.
- Without being in default, Sailing Dutchman may reject a request for a change to the contract if this could have a qualitative and/or quantitative impact, for example on the work to be carried out or goods to be delivered.
- If the Client defaults on the proper fulfilment of their obligations to Sailing Dutchman, the Client will be liable for all damages incurred directly or indirectly by Sailing Dutchman as a result.
- If Sailing Dutchman agrees on a fixed fee or price with the Client, Sailing Dutchman is nevertheless entitled to increase this fee or price at any time, without the Client being entitled to terminate the Contract for this reason, if the price increase results from a statutory or regulatory power or obligation or is caused by an increase in raw material prices, wages, etc. or for other reasons that could not reasonably have been foreseen when the contract was concluded.
- If the price increase that does not result from a change in the contract exceeds 10% and occurs within three months of the conclusion of the contract, only the Client who can invoke Title 5, Section 3 of Book 6 of the Dutch Civil Code is entitled to terminate the contract by written notice, unless Sailing Dutchman is then still willing to perform the contract based on what was originally agreed upon; the price increase results from a power or an obligation on Sailing Dutchman under the law.
article 4 Suspension, dissolution and early termination of the contract
- Sailing Dutchman is entitled to suspend the performance of its obligations or to terminate the contract if the Client does not fulfil its obligations under the contract, does not fulfil them in full or does not fulfil them in time, if Sailing Dutchman learns after the conclusion of the contract of circumstances that give rise to fears that the Client will not fulfil its obligations, if the Client is requested at the time of the conclusion of the contract to provide security for the fulfilment of its obligations under the contract and this security is not provided or is provided inadequately, or if Sailing Dutchman can no longer be obliged to fulfil the contract on the originally agreed terms due to a default on the part of the Client.
- Furthermore, Sailing Dutchman is also entitled to terminate the contract if circumstances arise that make the fulfilment of the contract impossible or if other circumstances arise that make it unreasonable for Sailing Dutchman to maintain the contract unchanged.
- If the contract is dissolved, Sailing Dutchman’s claims against the Client are immediately due and payable. If Sailing Dutchman suspends the performance of its obligations, it retains its legal and contractual rights.
- If Sailing Dutchman proceeds to suspension or dissolution, it shall not be liable in any way for compensation for damages and costs incurred in any way.
- If the termination is attributable to the Client, Sailing Dutchman is entitled to compensation for the direct and indirect damage incurred, including costs.
- If the Client fails to fulfil its obligations under the contract and this failure justifies termination, Sailing Dutchman is entitled to terminate the contract immediately and with immediate effect, without being obliged to pay any damages or compensation, while the Client is obliged to pay any damages or compensation for breach of contract.
- In the event of premature termination of the contract by Sailing Dutchman, Sailing Dutchman will, in consultation with the Client, arrange for the transfer of the work still to be carried out to third parties. This unless the termination is attributable to the Client. If the transfer of the work involves additional costs for Sailing Dutchman, these will be charged to the Client. The Client is obliged to pay these costs within the specified period, unless Sailing Dutchman specifies otherwise.
- In the event of liquidation, (requested) suspension of payments or bankruptcy, attachment – if and insofar as the attachment is not lifted within three months – to the detriment of the Client, debt restructuring or any other circumstance due to which the Client can no longer freely dispose of its assets, Sailing Dutchman is free to terminate the contract immediately and with immediate effect or to cancel the order or the contract without any obligation to pay damages or compensation. The claims of Sailing Dutchman against the Client shall in such case be immediately due and payable.
- If the Client cancels all or part of an order placed, the work carried out and the items ordered or prepared for it, as well as the delivery costs and the working time reserved for the execution of the contract, will be charged to the Client in full.
- In case of cancellation less than 4 weeks before the event, the Client owes Sailing Dutchman the full amount according to the order confirmation.
article 5 Force majeure
- Sailing Dutchman is not obliged to fulfil any obligation towards the Client if it is prevented from doing so by a circumstance which is not due to fault, either under the law, a legal act or generally accepted practise.
- Force majeure is understood in these general conditions, in addition to what is understood by law and jurisprudence, to mean all external causes, foreseeable or unforeseeable, over which Sailing Dutchman has no control and which make it impossible for Sailing Dutchman to fulfil its obligations. This includes strikes in the company of Sailing Dutchman or third parties. Sailing Dutchman is also entitled to invoke force majeure if the circumstance preventing (further) performance of the contract occurs after Sailing Dutchman should have performed its obligation.
- Sailing Dutchman may suspend the obligations of the contract during the period of force majeure. If this period lasts longer than two months, either party is entitled to dissolve the contract without being liable to pay damages to the other party.
- If Sailing Dutchman has partially fulfilled or is able to fulfil its obligations under the contract at the time the force majeure occurs and the fulfilled or to be fulfilled part has an independent value, Sailing Dutchman is entitled to invoice the fulfilled or to be fulfilled part separately. The Client is obliged to pay this invoice as if it were a separate agreement.
article 6 Payment and collection costs
- Payment must always be made in the currency of the invoice within 14 days of the invoice date in a manner to be specified by Sailing Dutchman, unless Sailing Dutchman has specified otherwise in writing. Sailing Dutchman is entitled to invoice periodically.
- If the Client fails to pay an invoice on time, the Client shall be in default by operation of law. The Client shall then owe statutory interest. Interest on the amount due shall be calculated from the date on which the Client is in default until the date of payment of the full amount due.
- Sailing Dutchman is entitled to set off the payments made by the Client first against the costs, then against the interest due and finally against the principal sum and the current interest. Sailing Dutchman may, without thereby being in default, refuse an offer of payment if the Client indicates a different sequence for the attribution of the payment. Sailing Dutchman may refuse full repayment of the principal sum if this does not also include accrued and current interest and collection costs.
- The Client shall never be entitled to offset any amount owed by it to Sailing Dutchman. Objections to the amount of an invoice do not suspend the payment obligation. The Client who is not entitled to invoke Section 6.5.3 (Articles 231 to 247 of Book 6 of the Civil Code) is also not entitled to suspend payment of an invoice for any other reason.
- If the Client is in breach or default with the (timely) fulfilment of its obligations, all reasonable costs incurred to obtain satisfaction out of court shall be borne by the Client. The extrajudicial costs are calculated on the basis of the calculation method customary in Dutch debt collection practise, currently the calculation method according to ‘Rapport Voorwerk II’. However, if Sailing Dutchman has incurred higher costs for collection that were reasonably necessary, the actual costs incurred will be eligible for reimbursement. All court and enforcement costs incurred shall also be recovered from the Client. The Client shall also owe interest on the collection (‘incasso’) costs due.
article 7 Retention of title
- Everything delivered by Sailing Dutchman under the contract remains the property of Sailing Dutchman until the Client has duly fulfilled all obligations under the contract(s) concluded with Sailing Dutchman.
- The goods delivered by Sailing Dutchman, which under paragraph 1. fall under the retention of title, may not be resold and may never be used as a means of payment. The Client is not authorized to pledge or otherwise encumber anything subject to retention of title.
- The Client must always do everything that can reasonably be expected of him to safeguard Sailing Dutchman’s property rights. If third parties access the goods delivered under retention of title or want to establish or assert rights to them, the Client is obliged to inform Sailing Dutchman immediately. In addition, the Client undertakes to insure and keep insured the property delivered under retention of title against fire, explosion and water damage as well as against theft and to make the policy of this insurance available to Sailing Dutchman for inspection upon first request. In the event of any insurance payment, Sailing Dutchman shall be entitled to these tokens. To the extent necessary, the Client undertakes to Sailing Dutchman in advance to cooperate in anything that may be (or seem to be) necessary or desirable in this context.
- In the event that Sailing Dutchman wishes to exercise its property rights referred to in this article, the Client grants Sailing Dutchman and third parties appointed by Sailing Dutchman unconditional and irrevocable permission in advance to enter all places where Sailing Dutchman’s property is located and to take it back.
article 8 Warranties, investigations and complaints, limitation period
- Any form of warranty will be void if a defect has occurred as a result of or as a consequence of improper or inappropriate use or use after the expiry date, improper storage or maintenance by the Client and/or third parties, if the Client or third parties have made or attempted to make changes to the housing without the written permission of Sailing Dutchman, if other things have been attached to it that should not be attached, or if it has been processed or altered in any way other than that prescribed. The Client is also not entitled to any warranty if the defect is caused by circumstances beyond Sailing Dutchman’s control, including weather conditions (such as extreme rainfall or temperature), etc.
- The Client shall be obliged to inspect the delivered goods or have them inspected without delay at the time when the goods are made available to the Client or the relevant work has been carried out. In doing so, the Client should check whether the quality and/or quantity of the goods delivered corresponds to what was agreed and whether it meets the requirements agreed by the parties in this respect. Any visible defects must be reported in writing to Sailing Dutchman within seven days of delivery. Sailing Dutchman must be notified of invisible defects in writing immediately, but no later than fourteen days after their discovery. The report must contain as detailed a description of the defect as possible so that Sailing Dutchman can react appropriately. The Client must give Sailing Dutchman the opportunity to investigate a complaint or have it investigated.
- If the Client complains in a timely manner, this shall not suspend its payment obligation. The Client shall in that case also remain obliged to accept and pay for the items otherwise ordered and for what it has instructed Sailing Dutchman to do.
- If a defect is reported later, the Client is no longer entitled to repair, replacement or compensation.
- If it is determined that a good is defective and a complaint has been made in a timely manner, Sailing Dutchman will, at Sailing Dutchman’s option, replace or take care of the repair of the defective good within a reasonable period of time after receiving the return or, if a return is not possible, after written notification of the defect by the Client.
- If it turns out that a complaint is unfounded, the resulting costs, including the costs for investigations on the part of Sailing Dutchman, will be borne entirely by the Client.
- Notwithstanding the statutory limitation periods, the limitation period for all claims and defences against Sailing Dutchman and the third parties involved by Sailing Dutchman in the performance of a contract is one year.
article 9 Responsibility of Client
- The Client undertakes to insure, as far as possible, all risks associated with its work and/ or its acts and/or omissions in connection with the performance of the assignment, which shall also include the work and/or acts and/or omissions of third parties engaged by it. In any case, the Client is required to take out regular third-party liability insurance and, if applicable, professional liability insurance. Furthermore, the Client undertakes to guarantee that the aforementioned insurances cover the employee(s) engaged by Sailing Dutchman and any items made available by Sailing Dutchman for the execution of the contract. At Sailing Dutchman’s request, the Client will provide proof showing insurance coverage.
- Unless otherwise agreed, the Client shall, at its own expense, ensure that sufficient measures are taken to guarantee the safety of performers, staff and visitors participating in an event/activity organised or carried out pursuant to the contract.
- If the Client takes or has taken insufficient measures to ensure the safe execution of an event/activity, Sailing Dutchman is entitled to cancel the event/activity in whole or in part without the Client being entitled to any compensation or discount on the agreed contract price.
- Client is responsible for the remittance of royalties to ‘Buma’ (Dutch Performing Rights organisation).
- The Client indemnifies Sailing Dutchman from all claims of third parties (including but not limited to participants and visitors of events/activities) regarding damages suffered by these third parties during or in connection with the execution of the contract, unless these damages are exclusively due to intent or gross negligence of Sailing Dutchman.
article 10 Liability
- If Sailing Dutchman should be liable, this liability is limited to what is regulated in this provision.
- Sailing Dutchman is not liable for damages of any kind resulting from Sailing Dutchman’s reliance on incorrect and/or incomplete information provided by or on behalf of the Client.
- If Sailing Dutchman is liable for any damage, Sailing Dutchman’s liability is limited to a maximum of once the invoice value of the order, at least that part of the order to which the liability relates.
- The liability of Sailing Dutchman shall in any case always be limited to the amount of the allowance of its insurer if applicable.
- Should Sailing Dutchman be liable at all then solely and exclusively for direct damages.
- Direct damage means solely the reasonable costs incurred to determine the cause and extent of the damage, insofar as the determination relates to damage within the meaning of these Terms and Conditions, as well as all reasonable costs incurred as a result of Sailing Dutchman’s defective performance of the contract, insofar as it can be attributed to Sailing Dutchman, and reasonable costs incurred to prevent or limit damage, insofar as the Client demonstrates that these costs have led to the limitation of direct damage as referred to in these General Terms and Conditions. Sailing Dutchman shall never be liable for indirect damages, including consequential damages, lost profits, lost savings, reputation damage, image damage and damage due to business stagnation.
- The limitations of liability contained in this article do not apply if the damage is due to intent or deliberate negligence on the part of Sailing Dutchman or its officers.
- It is not permitted to participate in Sailing Dutchman activities under the influence of drugs and/or alcohol. Sailing Dutchman is entitled to exclude any participant(s) from participation if there is a corresponding suspicion.
article 11 Indemnification
- The Client indemnifies Sailing Dutchman from all claims of third parties who suffer damage in connection with the execution of the contract and whose cause is not attributable to Sailing Dutchman. If Sailing Dutchman is approached by third parties in this context, the Client will support Sailing Dutchman both out of court and in court and will immediately do everything that can be expected of it in this case. Should the Client fail to take appropriate action, Sailing Dutchman is entitled to do so itself without prior notice. All costs and damages incurred by Sailing Dutchman and third parties are entirely at the expense and risk of the Client.
article 12 Intellectual property
- Sailing Dutchman reserves the rights and powers it has under the Copyright Act and other intellectual property laws and regulations. Sailing Dutchman is entitled to use the knowledge gained by the execution of a contract on its side for other purposes, provided that no strictly confidential information of the Client is brought to the knowledge of third parties.
article 13 Applicable law and disputes
- Dutch law exclusively is applicable to all legal relationships to which Sailing Dutchman is a party, even if an obligation is wholly or partially fulfilled abroad or if the party involved in the legal relationship is domiciled abroad. The applicability of the Vienna Sales Convention is excluded.
- The Court of Leeuwarden has exclusive jurisdiction over disputes, unless the law mandatorily provides otherwise. However, Sailing Dutchman shall have the right to submit the dispute to the court having jurisdiction by law.
- Parties will not go to court until they have made every effort to settle a dispute amicably.
article 14 Location and modification of Terms and Conditions
- These Terms and Conditions have been filed with the Leeuwarden Chamber of Commerce.
- The most recently filed version or the version valid at the time of the conclusion of the legal relationship with Sailing Dutchman shall always be applicable.
- The Dutch text of the General Terms and Conditions is always decisive for their interpretation.
- At the Client’s request, a copy of the General Terms and Conditions will be sent free of charge.
Privacy Statement Sailing Dutchman BV
For what purposes does Sailing Dutchman BV (further referred to as Sailing Dutchman) process your personal data?
- The personal data provided by the data subject (client/traveller) will be processed by Sailing Dutchman in the context of the execution of the contract, including the transmission of data to parties logically involved in the execution of the contract (e.g.: the airline, the accommodation provider, the tour operator, the insurance company or the first contact point designated by Sailing Dutchman in the execution of the contract). Processing within the meaning of the Personal Data Protection Act shall mean any operation with personal data, including collecting, recording, storing and making available by transmission.
- In addition, the personal data name, address, place of residence, email address and telephone number will be disclosed to parties who are not involved in the execution of the contract, but are in some way (directly or indirectly) knowable to the data subject, and involved in the creation of the offer of Sailing Dutchman. For example, the company that Sailing Dutchman works with to provide the product or service in question, or the company operating the website that contains a link to Sailing Dutchman’s site, through which the person accessed Sailing Dutchman’s site and then entered into a contract with Sailing Dutchman. The legal basis for this processing is that it is necessary for the protection of a legitimate interest of Sailing Dutchman, namely: being able to give substantiated accounts of the cooperation in a manner verifiable for these parties. However, special personal data, such as those concerning health, will not be disclosed to these parties by Sailing Dutchman.
- When information material is requested, Sailing Dutchman processes the data provided (including the email address) for the purpose of sending the requested material. • Sailing Dutchman, as well as the person designated by Sailing Dutchman as the primary contact for the execution of the contract and the person whose services Sailing Dutchman is known to use on behalf of the person in the preparation of the offer, are entitled to use the name and address provided (including the email address) for future mailings. • If applicable, the data will be processed in fulfillment of a legal obligation. Sailing Dutchman (including the person Sailing Dutchman uses in the performance of the contract) and/or the actual service provider (e.g. the airline) are increasingly required to (pre-)disclose the traveller’s personal data and travel dates to various authorities worldwide, in particular to customs and immigration authorities. This is the case, for example, when a trip is booked with a transfer point or final destination in the USA or Canada. This transfer is necessary for the performance of the contract and is made in particular in the interest of security. • Finally, data may be processed by Sailing Dutchman for historical and statistical purposes. • The method of processing
- Sailing Dutchman will handle personal data with care.
- Sailing Dutchman will secure data processing appropriately, depending in part on the sensitivity of the data.
- Use of the site (Cookies)
- Sailing Dutchman’s website can be accessed anonymously. No data that says anything about the identity of the site visitor is collected during the consultation. Static data relevant to improving the site is, however, collected. Only if you request information material or purchase products/services from Sailing Dutchman via the website will personal data be processed. When visiting (parts of) the website, it is necessary for the technical functioning of certain features that a cookie is placed on the visitor’s computer. However, the cookie contains only technical data; it does not collect any personal data.
- Click-through to other sites
- The Sailing Dutchman site provides the ability to click through to third-party websites. Sailing Dutchman is not responsible for the content of these websites (including the privacy practises used by these third parties). It is advisable to take notice of the policies of these non-Sailing Dutchman websites regarding the processing and protection of personal data, as their terms may differ from Sailing Dutchman’s policies.
- Insight by the data subject into how their personal data have been processed • Sailing Dutchman will inform the data subject upon request as to how the data have been processed. To do so, the individual should retrieve an information request form from Sailing Dutchman. The person should send a copy of the passport together with the completed and signed form to the address indicated on the form.
- Correcting processed personal data
- The data subject may request correction of personal data processed. For this purpose, the person should request a correction form from Sailing Dutchman. The person should send a copy of the passport together with the completed and signed form to the address indicated on the form.
- Objection to the processing of personal data for the pursuit of the legitimate interest of Sailing Dutchman or of a third party to whom the data is disclosed
- If the data processing is necessary for the pursuit of the legitimate interest of Sailing Dutchman or of a third party to whom the data is disclosed, Sailing Dutchman may process the personal data, unless the interest or the fundamental rights and freedoms of the data subject, in particular the right to privacy, are overridden. The data subject may object to this processing on the basis of particular personal circumstances. For this purpose, the person should request a cancellation form from Sailing Dutchman. The person should send a copy of the passport together with the completed and signed form to the address indicated on the form. Within four weeks after receipt of the objection, Sailing Dutchman will examine whether the objection is justified. If the objection is justified, Sailing Dutchman will immediately cease processing.
- Objecting to processing for mailing
- Sailing Dutchman, as well as the person designated by Sailing Dutchman as the primary contact for the execution of the contract and the person whose services Sailing Dutchman is known to use on behalf of the person in the preparation of the offer, are entitled to use the name and address provided (including the email address) for future mailings. The data subject then has the option to stop further sending at any time (“opt-out”). For this purpose, the person should request a cancellation form from Sailing Dutchman. The person should send a copy of the passport together with the completed and signed form to the address indicated on the form. Processing of personal data for mailing will occur immediately upon receipt of the termination request form. If the mailing is received by the data subject by e mail, the mailing will usually offer the recipient the opportunity to opt out of further receipt by e-mail.