General Conditions – Stichting De Ooievaart

This is the non-confirmed translation of the original Dutch version of the “Algemene Voorwaarden” and is furnished for the passenger’s convenience only. In case of any variance between the Dutch text and this English translation, the Dutch version will prevail and be binding.

Introduction

Stichting De Ooievaart (hereinafter: ‘De Ooievaart’) is a foundation of volunteers providing for sailing tours through the canals of The Hague (hereinafter: the Ooievaart) and along the Vliet (hereinafter: the Vlietvaart). The home port of all boats is the harbour along the Bierkade in The Hague.

All offers and transport agreements (hereinafter: tickets) are governed by the following General Conditions. By making a reservation of one or more tickets or the chartering of a complete boat the passenger acknowledges that he has taken notice of these General Conditions and accepts them.

For the sake of legitibility only the singular of certain words are used in these General Conditions; however, they apply to the plural form as well. Where in these General Conditions the male form of a word is used it should be read in female form as well, in as far as applicable.

Article 1 – General

  1. Both the Ooievaart and the Vlietvaart have three sorts of sailing tours, namely round tours (hereinafter: round tours), group sailing tours (hereinafter: group tours) and special round tours (hereinafter: special tours).
  2. ‘De Ooievaart’ is responsible for a good performance of all sailing tours in accordance with prevailing standards.
  3. ‘De Ooievaart’ preserves the right to change sailing routes and/or embarking- and/or disembarking locations in case weather circumstances, blockings, shallows or other unforeseen circumstances so require.
  4. ‘De Ooievaart’ also preserves the right to make changes to the program and/or dates if strong reasons so require, such to be reviewed by the organization. Passengers will be timely informed as much as possible.
  5. Except for the Vlietvaart all sailing tours through the canals of The Hague are carried out in open boats. For safety reasons (hindrance of sight of the skipper, low bridges) it is not allowed to use umbrellas on board. In case of rain ponchos will be distributed amongst the passengers.
  6. At embarking the passengers should act upon the instructions of the crew on the quay, on the jetty and on/in the boat. It is not permitted to embark from the jetty via the bench into the boat; one should embark via the forecastle and the staircase.
  7. For users of a wheelchair one boat with a lift is available. When making a reservation one should make known that one is a user of a wheelchair, so that embarking can take place at ease.
  8. For a passenger who does not understand the Dutch language so-called hand-outs in various foreign languages are available upon request.
  9. By order of the Shipping Inspection it is absolutely not permitted to smoke on board of our boats.

Article 2 – Round tours/special tours

  1. Round tours are scheduled in advance at fixed times by ‘De Ooievaart’ throughout the sailing season that goes from April up to and including October. A round tour can also be a special tour like for instance the “Culinaire Armada”.
  2. Tickets for round tours can be booked and paid via internet, at the bar in the harbour office or with the tourist office (“VVV”). It is also possible to make a reservation by telephone, but in that case one should report himself at the harbour office at the latest 1 hour before departure in order to settle the payment. Within an hour before departure ‘De Ooievaart’ is entitled to sell the reserved, but not yet paid places to third parties.
  3. At the latest 15 minutes before the planned departure the passenger should be present at the harbour office on the Bierkade; in the event the round tour is also a special tour, ‘De Ooievaart’ can indicate a different embarking location, on which situation the foregoing sentence is also applicable.
  4. Round tours depart at the time fixed by the organization. The boat and crew will not wait for people who are late: passengers who report themselves at the harbour office or at the different indicated embarking location after departure of the boat, do not have any right to restitution.
  5. At the latest 24 hours before departure of the tour a reservation can be cancelled on the understanding that €1,50 will be charged as transaction costs. Within this fixed term the full amount is due.
  6. A passenger who decides not to participate on the tour at the place of the indicated embarking location – whatever the reason of cancellation may be – has no right to restitution of the paid costs. In case one has not yet paid, the full costs are still due.

Article 3 – Group tours

  1. In case of a group tour a person or organization charters a boat – always including crew (= skipper and guide or host/hostess) for the maximum permitted capacity of the boat concerned.
  2. Group tours can only be booked by telephone or in person in the harbour office on the Bierkade.
  3. In case an organization charters a boat the name, telephone number and e-mail address of at least one contact person should be given at the moment of reservation.
  4. Drinks and/or (light) food can be ordered in advance.
  5. The minimum invoice for a group tour is the charter price of a boat for a tour of 1½ hour, irrespective whether this total time has been booked or not.
  6. All costs for boat charter and contingent drinks and/or food should have been paid at the latest 72 hours before departure by transmitting the total amount into the bank account of ‘De Ooievaart’ or by pin or cash in the harbour office. Only by written permission of ‘De Ooievaart’ and very rarely deviation can take place. In that case invoices sent afterwards need to be paid within 8 days from the date of the invoice.
  7. Without express written permission of ‘De Ooievaart’ it is not allowed to (re-) charter the boat to a third party, in which case said third party is fully bound to these General Conditions.
  8. The complete group has to be present on the agreed embarking location at the latest 15 minutes before the agreed departure time.
  9. If the group is not even present at the agreed departure time on the agreed embarking location, the crew will wait 15 minutes at the maximum, unless the boat has been reserved for another tour immediately following the agreed time schedule and/or the crew does not have sufficient time to perform the tour.
  10. If there is a possibility to perform the tour the same day at a later time, the total price will be based on the charter price plus the waiting time of boat and crew.
  11. In the event that the tour cannot go through in accordance with clause 9 of this article the group is considered not having been shown up and no restitution will be granted c.q. a binding invoice still will be sent for boat charter and contingent ordered drinks and/or food.

Article 4 – Cancellation/insurance group tours

  1. The client who ordered a group tour can cancel the tour by a written and dated announcement (contingently per e-mail) sent to ‘De Ooievaart’, taking into consideration the provisions of the following clause.
  2. If cancellation takes place more than 1 month before the scheduled sailing date 25% of the total charter price is due; within 1 month but longer than 14 days before the scheduled sailing date 50% of the total charter price is due and if the cancellation takes place within 14 days before the scheduled sailing date the complete charter price is due.
  3. ‘De Ooievaart’ offers the possibility to conclude a so-called “NiceWeather-guarantee”. This implies that one can cancel the tour by telephone and/or per e-mail until 3 hours before departure against payment of € 25,–, provided that together with the premium of this guarantee all costs have been paid in accordance with article 3, clause 6, 1st full sentence.
  4. However, the “NiceWeather-guarantee” is not applicable to contingent ordered catering. One can pick this up at the harbour office on the Bierkade or enjoy it at the restaurant where the catering has been ordered.
  5. Ordered catering may be adjusted or cancelled at the latest 72 hours before departure of the tour. Within 48 hours before departure no adjustments can be made anymore.

Article 5 – Children and domestic animals

  1. Children up to 16 years old may only participate on a tour in the presence of (one of) the parent(s) or another qualified companion.
  2. Children are and remain at all times the responsibility of the parent or companion. ‘De Ooievaart’ does not accept any liability.
  3. For children who (yet) do not have adequate swimming diplomas ‘De Ooievaart’ places swimming jackets at their disposal. It is the responsibility of the parent or companion that the child already wears the swimming jacket when still being on the quay up to the moment that the child has returned on the quay after the tour. In case the child refuses, for whatever reason, to wear the swimming jacket, the parent or companion is obliged to hold the child under tight control from the moment the child leaves the quay on the jetty and further on up to the moment the child is back on the quay after the tour. It should be noticed that baby-carriages and/or buggies cannot be taken on board; these items should be parked in the harbour office.
  4. ‘De Ooievaart’ can never be held liable for the consequences that might follow from not wearing a swimming jacket by the child.
  5. It is not permitted to bring domestic animals on board, unless it is a so-called aid dog, which the owner should prove on the basis of the ‘registration aid dog’. In case of group tours this clause can be ignored, but only in consultation with the complete group.

Article 6 – Performance of the agreement

  1. Extreme weather conditions (strong wind, storm, thunderstorm, ice-drift and/or high water) is considered to be a dissolving condition for all tours resulting in hindrance or impossibility to have the tour taking place. It is the exclusive review of the skipper, contingently in consultation with the guide, whether such situation occurs.
  2. ‘De Ooievaart’ is authorised and competent to (have) get a person off the boat, who misbehaves himself or is intoxicated – such exclusively to be reviewed by the crew.
  3. For the performance of a program passengers, both individuals and groups, cannot claim a certain type of boat or a specific boat.
  4. Every passenger has to fully comply with all the instructions given by ‘De Ooievaart’ and/or her volunteers without any delay.
  5. The admission to the jetty and/or the boats can be refused without statement of reasons, if this is considered desirable or necessary by ‘De Ooievaart’ and/or its volunteers, for example in relation to – but not restricted to – capacity, public order, threatening of damage or hindrance.

Article 7 – Liabilities of ‘De Ooievaart’

  1. ‘De Ooievaart’ is never liable for damage and/or loss of properties of the passenger. The passenger brings his belongings on board at his own full risk.
  2. ‘De Ooievaart’ is never liable for the death of the passenger, except when originated by malicious intent or abusive fault of ‘De Ooievaart’ or her volunteers. ‘De Ooievaart’ is not liable for personal injury or damage of whatever nature and indifferent by what cause these have been originated, preceding to, during or as a consequence of the tour. An exception to the foregoing sentence is the obligation to indemnification resulting from the legal liability in case of malicious intent or abusive fault of ‘De Ooievaart’ or her volunteers. The indemnification as a result of this legal liability is restricted to at the most the amount that is
  3. covered by the Legal Liability Insurance of ‘De Ooievaart’.
  4. ‘De Ooievaart’ is never liable for damage to a person or properties of the passenger arisen from setting foot on the jetty or the boat. The passenger sets foot on the jetty and/or the boat on his own risk. This clause is equally applicable for entering the harbour office.
  5. ‘De Ooievaart’ is never liable for damage of whatever nature, caused by delay before departure and/or during the tour.
  6. In as far as ‘De Ooievaart’ is liable for any damage she is only liable for direct damage and never for any consequential damage; this liability is restricted to maximal the amount that is covered by the insurance of ‘De Ooievaart’.
  7. In as far as ‘De Ooievaart’ is liable for any damage that is not covered by the insurance of ‘De Ooievaart’, this liability is restricted to maximal the total amount of the invoice.
  8. If ‘De Ooievaart’ cannot perform the tour as discussed when the reservation was made due to force majeure, she is only held to a) offer an alternative or b) make restitution of the contingently already paid costs, but she is not obliged to pay any compensation.

Article 8 – Passenger’s liability

  1. The passenger is liable for damage caused by him to properties of ‘De Ooievaart’, her volunteers and/or third parties also including co-passengers.
  2. The passenger is liable for damage that the passenger, his child(ren), his aid dog or his luggage causes to ‘De Ooievaart’ or her volunteers.
  3. All activities organized and executed by ‘De Ooievaart’ by order of the passenger are fully taking place for account and risk of the passenger.
  4. The passenger safeguards ‘De Ooievaart’ and her volunteers against claims for damage by third parties.

Article 9 – Complaints

  1. Contingent complaints should be reported to ‘De Ooievaart’ in writing at the latest 48 hours after the tour.
  2. Complaints that are verbally reported or presented more than 2 days after the tour will not be handled anymore.

Article 10 – Final clauses/Applicable law

  1. For special activities or services deviating and/or additional conditions can be made. Such varying conditions will be made known to the passenger.
  2. Apparent (clerical) errors and mistakes in published and/or provided information by ‘De Ooievaart’ do not bind ‘De Ooievaart’.
  3. These General Conditions and all transport agreements are subject to the laws of The Netherlands.
  4. Disputes, that the parties cannot mutually resolve, should be submitted to the competent judge in The Hague.

As made up and laid down in The Hague, May 2018; the Dutch text has been deposited at the Chamber of Commerce.

Final version 01.05.2018