Article 1. Applicability
1.1. These General Terms and Conditions apply to all offers, quotations and agreements, of:
3707 SE Zeist
GSM: (+31) (0) 6 - 150 53 445
C.o.C.: Utrecht 30168901
from now on called Cum Laude Sailing.
1.2. Deviations from these conditions and / or agreements are only valid if they have been expressly agreed in writing.
1.3. Any General Terms and Conditions of clients are explicitly not applicable.
Article 2. Offers and quotations
2.1. Cum Laude Sailing only kept to its offers and quotations if the acceptance thereof is made by the client, preferably in writing, within 30 (thirty) days, failing which the offer or quotation will lapse after this date.
2.2. All offers and quotations of Cum Laude Sailing are without any obligation.
Article 3. Terms of payment
3.1. The client is obliged to pay all fees due and any deposit within the due date stated on the invoice. If the due date on the invoice is missing, the client is obliged to pay the compensation within 30 days after the invoice date at the latest.
3.2. After the due date, the client is legally in default. From the moment of default the client owes the statutory interest on the due amount, without notice of default being required.
3.3. If the client fails to comply with one or more of its obligations, all reasonable costs in and out of court to obtain the payment are fully at its expense.
3.4. If the compensation due has not been received within the due date, Cum Laude Sailing can annul the agreement.
3.5. If the assignment has been provided by more than one client, all clients are jointly and severally liable for the fulfillment of the obligations as indicated above or in the relevant agreement, regardless of the ascription of the invoice and / or the agreement.
Article 4. Suspension
4.1. In the event that the client does not fulfill or does not adequately fulfill the obligations set out in these conditions or otherwise required by Cum Laude Sailing, Cum Laude Sailing is entitled to suspend the performance of the agreement until the client fulfills its obligations. If this period of suspension exceeds the two-month period, this will be deemed to be the termination or cancellation by the client of the agreement whereby the payment obligation of the full compensation continues to exist.
Article 5. Force Majeure
5.1.Force majeure in these general terms and conditions is understood in addition to that which is understood in the law and jurisprudence, all external causes, foreseen or non-foreseeable, which Cum Laude Sailing can not influence, but which Cum Laude Sailing is not capable of fulfill obligations.
5.2. Cum Laude Sailing may use its authority to (premature) termination due to force majeure, if completion of the assignment can not be reasonably demanded of it, whereby the payment obligation of the full fee for the entire assignment remains.
5.3. Cum Laude Sailing reserves the right to offer an alternative service in case of force majeure, whereby the payment obligation of the full fee for the entire assignment remains.
Article 6. Termination and / or dissolution
6.1. Every client who books via internet or telephone has a 14-day cooling-off period that starts at the moment the agreement is concluded. Within the reflection period, the client can unilaterally terminate the agreement and reclaim the purchase price. He does not have to give a reason for this.
Article 7. Ownership and Intellectual rights
7.1. All items made available by Cum Laude Sailing remain the property of Cum Laude Sailing at all times, unless otherwise agreed in writing.
7.2. All intellectual rights, including in any case the copyrights, in respect of all documentation produced by Cum Laude Sailing and other goods delivered by Cum Laude Sailing are vested in Cum Laude Sailing. Unless explicitly agreed otherwise in writing, no intellectual right is ever transferred to the client.
Article 8. Liability and indemnity
8.1. The total liability of Cum Laude Sailing with regard to damage resulting from a shortcoming in the fulfillment of the agreement, or from tort or deletion, is limited to the amount that has been charged for the damage-causing performance by Cum Laude Sailing.
8.2. Any claims by the client must be submitted in writing within thirty (30) days. Failing to do this results in the client loses his rights.
8.3. Cum Laude Sailing is never liable for indirect casu quo consequential damage, which in any case includes delay damage, damage due to business stagnation and / or loss of profits of the client or other business damage in any form whatsoever.
8.4. The client will at all times indemnify Cum Laude Sailing and its employees against all claims of third parties that are in any way connected with work performed by Cum Laude Sailing on behalf of the client.
8.5. Damage, caused as a result of the malfunctioning of existing facilities or to be supplied by third parties, can never be recovered from Cum Laude Sailing.
8.6. The liability of Cum Laude Sailing is at all times limited to the amount paid by the liability insurance company of Cum Laude Sailing in respect of the damage.
8.7. Cum Laude Sailing is not liable in case of loss, damage or theft of personal property of the client. The client must insure this himself.
8.8. Cum Laude Sailing never has a performance obligation. Cum Laude Sailing can never guarantee that clients will pass a certain exam or that a certain destination will be reached, etc.
Article 9. Errata
9.1. Obvious errors or mistakes in our publications such as this website do not bind Cum Laude Sailing. Cum Laude Sailing reserves the right to change this errata.
Article 10. Applicable law
10.1. Dutch law is exclusively applicable to these terms and conditions and other agreements. All disputes arising from these conditions and the legal relationships between the parties will be settled by the competent court in Holland.
10.2. If, in the opinion of the competent court, a provision of these conditions does not apply or is in conflict with public order or law, then only that provision will be considered as not written and the parties will replace it by one or more provisions that correspond as closely as possible to the conflicting provision whereby the other general conditions remain fully in force.
10.3 Our conditions are translated from Dutch into another language. In case of differences, which are the result of translation, the Dutch text prevails.
Article 11. Additional Terms Theory courses
11.2. Cum Laude Sailing does not take any responsibility for the registration procedure for the theory exams. The client will therefore have to take full care of this themselves.
12.1. Travel time (and any delays) between your ship and the location of Cum Laude Sailing will be charged the same price per day as the actual service. The expenses will be food and drinks, if applicable the compensation for extra crew, fuel, oil, customs, bridges, locks or harbor dues, transport of the skipper and crew from or to the ship (Euro 0,19 per kilometer per car, airline tickets, public transport, taxi if applicable), hotel accommodation and other expenses that have to be made directly for the assignment. Sea charts, almanacs and the like that are declared will become the property of the client.
12.2 Maximum 8 hours per 24 hours the skipper/instructor will be working. Only when the owner and / or extra crew sail on board, can non-stop. Waiting time for repairs or days that the ship is not able to sail will be charged.
12.3 If damage occurs on the way, the skipper will try to repair the damage himself or contact the client in the nearby port.
12.4 The owner declares that the ship is seaworthy for the sailing area. Cum Laude Sailing will inspect the ship prior to departure for seaworthiness and check the presence and proper functioning of the required equipement. If during the inspection or during the trip it appears that the ship or parts thereof, in the opinion of the skipper, impede a safe voyage, then the client must repair or agree that the skipper will repair or have it repaired at the expense of the client. For trips further than 12 miles from the coast, a life raft and EPIRB on board is obligated. The voyage may be canceled by the skipper if he judges that the ship is not safe. In that case, the daily fee plus all costs incurred will remain due. For on board training within the CWO system, the ship must be seaworthy and equipped for the sailing area (see Equipment list )
12.5 The ship must be insured for damage, theft and liability. The client declares that the insurance policy of the ship provides cover if the ship is sailed by a paid skipper / instructor with crew. All necessary ship documents must be present on board, such as an International Certificate of Insurance, the International Certificate for Pleasure Craft (ICP), VAT papers, Permits for maritime communication equipment.
12.6 Cum Laude Sailing is able to provide extra crew if that is desirable for the assignment. The skipper and crew may use the cages, toilets, showers, galley, etc. for free.
12.7 If drugs or other illegal items are found on board during the assignment or if the yacht is used for smuggling, the skipper will stop the assignment and report this to the authorities, leaving the payment obligation of the full fee for the entire assignment.
12.8 Client takes part at his own risk. The client should be aware that sailing is a very risky sport, involving accidents with extensive damage, serious physical injury, permanent disability or even death as a result.
12.9 The client is obliged to inform Cum Laude Sailing beforehand of personal (medical) circumstances that could endanger safety on board.
12.10 Participants who can not swim well are not allowed on board.
12.11 Alcohol and / or drug use is prohibited on board.
12.12 Cum Laude Sailing advises clients to buy a cancellation insurance.
Article 13. Additional Terms Yacht Charter & Yacht Brokerage
In this case Cum Laude Sailing is acting as Brokers only. Whilst every care has been taken in their preparation, the correctness of these particulars is not guaranteed. The particulars are intended only as a guide and they do not constitute a term of any contract. A prospective Purchaser is strongly advised to check the particulars and where appropriate at his own expense to employ a qualified Marine Surveyor to carry out a survey.