I. APPLICABILITY etc.
Article 1: Definitions.
Shipping company is the user of these terms and conditions and the contractual counterparty of the customer.
Customer is the contractual counterparty of the shipping company.
Guest and/or Traveler is any person, who enjoys passenger transport and/or catering services under a passenger transport agreement entered into by the client with the shipping company. Passenger transport agreement is the agreement whereby the shipping company undertakes vis-à-vis the client to transport on board a ship, according to a timetable or otherwise, one or more persons (passenger) and their luggage or not, over inland waterways and.
Agreement of catering services, is the agreement entered into by the shipping company with the customer for the provision of catering services on board a ship of the shipping company to the guest and/or traveler for a price to be paid by the customer. Catering services include the provision of food and/or
or drink and/or making (hall) space and/or grounds available and/or providing activities and events, all with related activities and services, and all in the broadest sense of the word. Passenger Transport Conditions are the Passenger Transport Conditions for Inland Navigation of Koninklijke Binnenvaart Nederland (KBN) as included below under the General Conditions for Passenger Transport.
Sailing price is the agreed price paid by the customer for
the transportation and/or the journey with and/or the use of the
vessel is to pay. The fare may be fixed but may also depend on the duration or length of the journey or carriage. Luggage means the items which the carrier undertakes to carry in connection with the contract of carriage of persons concluded by him, with the exception of items carried under a contract of carriage relating to the request for carriage of goods. Luggage includes hand luggage. Hand luggage is luggage, with the exception of live animals, which the passenger has on him or with him as easily transportable, portable or hand-operated items. Reservation value (value of the agreement) is the total of the agreed sailing price and the catering turnover that the shipping company can reasonably expect to realize with regard to the agreement entered into with the customer.
Cancellation is the notification in written form by the customer to the shipping company that one or more agreed services will not be used. No-show is the non-use by a customer and/or guest of a service to be provided under the agreement without cancellation.
Article 2: Applicability of conditions
These General Terms and Conditions for Passenger Shipping apply to all services, all offers and all agreements
all agreements of/with the shipping company, including agreements for passenger transport and/or catering services that the shipping company concludes with the client or offers for these.
The applicability of all other General Terms and Conditions of any third party (originating) is expressly excluded and rejected.
If the agreements also concern the transport of persons on board the ship, the Passenger Transport Conditions apply additionally to the transport. In the event of a conflict between the Passenger Transport Conditions and these General Passenger Transport Conditions, the provision most favorable to the shipping company will apply, unless it is a provision of mandatory law.
The client ensures and guarantees that these General Terms and Conditions of Passenger Navigation and the Passenger Transport Conditions included herein also apply between the shipping company and the guest and/or traveler, who is not a party to the agreement between the shipping company and the client. The client agrees to provide both sets of conditions to each guest/traveler.
Deviation from these General Conditions of Passenger Navigation and the Passenger Transport Conditions contained herein may be made only by written agreement with the shipping company and on a case-by-case basis.
Once these terms and conditions have been validly declared applicable to a particular agreement, the latest version shall be deemed applicable to all subsequent agreements between the same parties, unless otherwise expressly agreed in writing.
Article 3: Offer, withdrawal and conclusion of agreement
1. All offers of the shipping company are without obligation and under
the reservation "while stocks or capacity last". If the shipping company invokes said reservation within fourteen (14) days after acceptance by the customer, the intended agreement is deemed not to have been concluded.
2. The shipping company is entitled, within two working days after acceptance of the offer by the customer, to revoke the offer, even in cases where the offer contained a deadline for acceptance.
3. An agreement is not concluded until agreement has been reached on all parts of the offer, including catering services, by the customer signing the written agreement sent to the customer by the shipping company.
4. If the shipping company has granted the client (option holder) an option right, this right cannot be revoked, except s if and insofar as another potential client makes the shipping company an invitation to make an offer or an offer to conclude an agreement regarding all or part of the services outstanding under the option. The option holder shall then be notified by the shipping company of this offer, whereupon the option holder shall immediately
The option holder must indicate whether or not he wishes to exercise his option right. If the option holder does not wish to exercise the option, the option right shall lapse.
5. An option right can only be granted in writing. 6. The contract of passenger transportation shall be
entered into under the condition that an agreement for Catering Services is concluded. If, within fourteen (14) days after the conclusion of the agreement for passenger transport, no agreement for Catering Services is
is concluded, the shipping company is entitled to cancel the agreement, without this leading to any obligation of the shipping company jeg ens the customer. Thus the shipping company is then not obliged to negotiate further, to reimburse negotiation costs or damages.
7. Agreements for customer(s) entered into
by intermediaries (shipbrokers, travel agencies, etc.)
whether or not in the name of their relation(s) and/or clients, are deemed to have also been concluded for the account and risk of those intermediaries. The shipping company does not owe any commission or commission, by whatever name, to intermediaries, unless expressly agreed otherwise in writing. Full or partial payment of the amount due by the customer and/or guest will release the intermediary to the same extent.
II. SPECIAL PROVISIONS TRANSPORTATION AND HOSPITALITY SERVICES
Article 4: Advance payment boat price
The offers and/or agreements state, among other things, the number of guests and the sailing price/reservation value, which must be paid in advance when entering into the agreement and must be received by the shipping company at least ten (10) days before execution of the agreement, that is, at all times before the scheduled departure date.
Article 5: Maximum number of guests allowed
The number of guests may under no circumstances exceed the maximum specified by the shipping company as stated, for example, in the offer, the agreement or in other statements by the shipping company (such as on the website).
Article 6: Shipping company's right of suspension
1. Failure, inadequate or late fulfillment by or on behalf of the client of the obligations mentioned in Article 4 and other obligations shall entitle the shipping company under all circumstances to immediately suspend its obligations under the agreement(s) while maintaining all its other rights and defenses against the client. Among other things, the shipping company is entitled to refuse the guests or some of them access to the ship. The shipping company is not liable for any damage that may arise for the client and/or guests as a result.
2. If the shipping company exercises its right of suspension referred to in the previous paragraph, it is entitled to full payment of the reservation value vis-à-vis the customer.
Article 7: Effort commitment
The shipping company has a best-efforts obligation to transport guests, with or without the agreed hospitality services.
Article 8: Power of termination.
1. Failure to comply with regulations as referred to in Article 20 of the Passenger Transport Conditions shall entitle the shipping company to terminate the Catering Services Agreement orally or in writing. The cancellation shall not affect the shipping company's right to payment of the Reservation Value.
2. The shipping company is entitled to cancel the agreement catering services, if the ship designated for the performance of the transport and/or catering services is unable to perform these services due to a technical cause, a nautical incident or otherwise. In that case, the client is entitled to a refund of the reservation value to the extent that it has been paid in advance. The shipping company will not be liable for damages to the customer and/or guests.
Article 9: Modification of transport
1. The shipping company and/or the master is authorized at all times to determine, that; a. weather conditions, or
b. high or low water, or
c. the blocking of shipping lanes; or
d. similar circumstances, including those relating
have on the ship and the transport or the navigation and/or fairway, not allowing to sail or making it necessary to change the transport, in the broadest sense of the word, or to break off or to change the place of departure or arrival.
The shipping company is not liable for any compensation in these cases.
2. In all such cases, the shipping company will endeavor to cooperate in an alternative or solution on condition that the client reimburses all additional costs to be incurred for that purpose and, if requested by the shipping company, provides security for that purpose.
3. It is at the discretion of the shipping company to decide whether an alternative/solution is feasible and can reasonably be implemented by the shipping company.
4. The provisions of this article also apply in
the event that the shipping company and/or the captain must take one of the aforementioned decisions as a result of the actions or omissions of (one of) the guests, in the event of delayed transport for whatever reason and in the event that the shipping company cannot reach the place of departure or arrival agreed with the client.
5. In the cases referred to in this article, the shipping company retains its right to payment of the sailing price and, in the event of shortening or cancellation of the transport, is entitled to payment of the reservation value, insofar as it cannot be realized as a result.
Article 10: Shipping company rights in the event of longer sailing
If, through no fault of the shipping company, the transportation or use of the ship takes longer than planned,
the shipping company is entitled to payment from the client of an additional sailing price/reservation value in proportion to the original sailing price/reservation value.
III. SPECIAL PROVISIONS CATERING SERVICES
Clause 11: Obligations under the Catering Services Agreement (the Agreement)
1. The shipping company shall provide the
catering services at the times specified therein. This obligation shall not apply if the Guest does not appear punctually. 2. The shipping company is not obliged to accept and/or take into custody any property of the Guest.
3. The shipping company is never obliged to admit any pet or other animal of the guest, and may attach conditions to admission.
4. The shipping company is obliged at the agreed time to make the agreed facilities available to the guest and to provide the agreed food
and drinks of a quantity
quality and in a way that is customary for the shipping company. If no food or drink has been agreed in advance, the shipping company shall on request provide such food and drink as it is able to provide at that time.
KBN General Conditions of Passenger Navigation & KBN Passenger Transport Conditions for Inland Navigation
The shipping company is entitled to withhold or discontinue the provision of catering services at any time if the guest does not behave in a manner consistent with the status and operation of the ship. Among other things, the shipping company can impose requirements regarding the guest's appearance. The guest must leave the ship at first request.
After consultation with the local authorities, the shipping company is entitled to cancel the agreement due to well-founded fears of a disturbance of public order. If the shipping company makes use of this authority, the shipping company will not be liable for any compensation.
Where times and times are mentioned by the shipping company in the agreement or otherwise, it refers to the provision of the Catering Services taking place around those times and times.
Article 12: Prepayment by customer
Without prejudice to other/other rights, the shipping company will (may) inform the client what part of the price, in general 70% of the agreed or expected turnover, must be paid in advance, which amount must be received by the shipping company in any event ten (10) days before the execution of the agreement, i.e. at all times before the scheduled departure date. The provisions of Articles 4, 5 and 6 shall apply mutatis mutandis.
The prices quoted by the shipping company to the customer are valid for the number of guests offered/agreed upon, without the customer being entitled to offset or reduce the total price if fewer guests are actually present.
The shipping company can also consider the number of fewer guests as a partial cancellation, but will in any case not do so if the customer has made this known more than four (4) days before the travel date and/or the start of the performance of the agreement and/or if it concerns less than 10% of the guests.
The shipping company is not obliged to admit more guests than agreed upon. However, if the shipping company does admit more guests, it is entitled to additional compensation in proportion to the reservation value for the original number of guests.
Article 13: Security deposit and interim payment
The shipping company can at all times require the client to pay a deposit to the shipping company in the amount of at most the reservation value minus any interim payments already made. Deposits received shall be properly administered, serve exclusively as security for the shipping company and explicitly do not count as already realized sales.
The shipping company can always demand interim payment for catering services already provided.
The shipping company is entitled to recover the amount deposited pursuant to the previous provisions in respect of all that which the customer, on whatever grounds, has paid to the shipping company.
principal also owed to him. The excess shall be refunded to the customer by the shipping company without delay.
Article 14: Turnover guarantee
If a turnover guarantee has been issued, the customer is obliged to pay the shipping company at least the amount specified in the turnover guarantee in respect of the agreement(s) in question.
Article 15: Beverages provided
If the number of catering services/consumptions provided is against coins made available to the guests by the shipping company or on a graduated scale, the basis for the number of consumptions provided will be the total number of coins issued by the shipping company to the guests minus the coins that are returned to the shipping company immediately after the provision of the catering services or the number of consumptions provided as evidenced by the turnover lists. The number of coins will be counted by the shipping company, and the customer hereby agrees in advance to the accuracy of the count, which will be kept in writing, subject to evidence to the contrary from/by the customer.
Article 16: Corkage and Kitchen Fee
Guest and/or Customer is only allowed to consume on board the ship drinks not provided by the shipping company after written permission. In this case, the Customer shall owe a corkage fee per bottle consumed.
If the guest and/or customer consumes food on board the ship that has not been provided by the shipping company, the customer shall owe a kitchen fee in respect thereof.
The amounts referred to in this Article are agreed in advance or, in the absence of prior agreement, reasonably determined by the shipping company.
IV. GENERAL PROVISIONS
Article 17: Allowed baggage
1. Guest and/or Customer is only allowed to carry hand luggage on board the ship. The hand luggage may not occupy a seat and may not cause a nuisance.
2. Under no circumstances is it permitted to carry hazardous substances, in the broadest sense of the word.
3. The guest and/or customer is not permitted to take items other than hand luggage on board, unless the shipping company has given prior written permission to do so. The shipping company is never liable for damage to items other than hand luggage. If the guest and/or client takes or causes to be taken on board items other than hand luggage, this shall be entirely for their own account and risk.
Article 18: Found objects
1. Items lost or left on board the ship, which are found by the guest, must be handed in to the shipping company by the guest with due haste.
2. Ownership of objects, whose rightful owner has not reported to the shipping company within one year after their surrender, vests in the shipping company.
3. If the shipping company sends objects left behind by the guest, this will take place entirely at the expense and risk of the guest. The shipping company is never obliged to send items.
Article 19: Settlement
Customer waives the possibility of invoking set-off.
Article 20: Settlement and payment
1. The customer owes the price stipulated in the agreement or, insofar as the agreement
was concluded more than three months before the time at which the services to be provided pursuant to that agreement are to be rendered, the prices that apply at the time at which the services are to be provided, including the standard price used by the shipping company. Changes in the VAT rate shall at all times be passed on to the customer.
2. For special services, such as the use of checkroom, garage, safe, laundry, telephone, wi-fi, t.v. rental etc., an additional fee may be claimed by the shipping company.
3. If an invoice is sent for an account for an amount less than € 150,- then the shipping company can charge an additional € 15,- for administration costs.
4. The customer and/or guest/traveler are jointly and severally liable for all amounts owed by one or both of them to the shipping company for whatever reason. None of them can invoke any privilege of execution. Unless stipulated otherwise, the agreements shall be deemed to have been concluded jointly on behalf of each guest/traveller. By appearing, the guest indicates that the customer was authorized to represent him when concluding the relevant agreement.
5. As long as the guest and/or customer has not completely fulfilled all his obligations towards the shipping company, the shipping company is entitled to take possession of and keep all goods brought on board the ship by the guest and/or customer, until the guest and/or customer has fulfilled all his obligations to the shipping company to the satisfaction of the shipping company.
has fulfilled all his obligations towards the shipping company to the satisfaction of the shipping company. In addition to a right of retention, the shipping company may also have a right of pledge on the goods in question.
6. If other than cash payment has been agreed, all invoices for any amount must be paid to the shipping company by the client within fourteen days of the invoice date. If an invoice is sent out, the shipping company is at all times authorized to charge a credit limitation surcharge of 2% of the invoice amount, which is cancelled if the client pays the invoice within fourteen days.
7. If and insofar as timely payment is not made, the customer shall be in default without any notice of default being required.
8. If the client is in default, he must reimburse the shipping company for all costs related to collection, both judicial and extrajudicial. The extrajudicial collection costs are set at a minimum of 15% of the principal amount owed with a minimum of € 100, - all to be increased by the VAT owed.
9. In addition, if the customer is in default, an amount of interest is due as much as 2% above the legal interest rate. Part of a month shall be counted as a whole month in calculating the interest due.
10. If the shipping company has goods in its possession as referred to in Article 20 paragraph 5 and the client from whom the shipping company has received the goods in its possession is in default for three months, the shipping company is entitled to sell these goods publicly or privately and to recover the proceeds. The costs associated with the sale will also be borne by the customer, and the shipping company can also recover the proceeds for that purpose.
of the sale recover. That which after the redress of the
shipping company is paid to the customer.
11. Every payment shall, regardless of any payment made by the customer at
which payment has been made, shall be deemed to be deducted from the debt of the customer to the shipping company in the following order:
1. the costs of execution;
2. the judicial and extrajudicial collection costs; 3. the interest; 4. the damages;
5. the principal sum.
12. Payment shall be made in Dutch currency. If the shipping company accepts foreign means of payment, then
The market rate applicable at the time of payment will apply. The shipping company can charge an amount for administration costs that corresponds to a maximum of 10% of the amount that has been paid.
offered in foreign currency. The shipping company can achieve this by adjusting the prevailing market rate by up to 10%.
13. The shipping company is never obliged to accept cheques, giro payment cards and other such means of payment and can attach conditions to acceptance of such means of payment. The same applies to other means of payment not mentioned here.
14. If upon settlement a dispute arises over the amount due or for the determination thereof a
not soon to be performed, the customer is obliged to immediately pay that part of the amount due on which the parties agree and to provide security for the payment of the part disputed by him or the part whose amount has not yet been determined.
Article 21: Liability of the client for damage
1. The customer and the guest/traveler and those accompanying him are jointly and severally liable for all damage that has and/or will arise for the shipping company and/or any third party as a direct or indirect consequence of and/or has been caused by: a. breach of contract (attributable shortcoming);
b. unlawful act, including inter alia violation of
the house rules is understood, committed by the customer and/or
Guest and/or those accompanying him;
c. cancellation as referred to in Art. 22 of these Terms and Conditions; d. any animal and/or any substance and/or any object of which they are
holder or who are under their supervision e. luggage of the customer and/or traveler
2. This article applies both to damage to the ship and to damage to the goods and/or persons contained therein.
3. This article also applies to damage caused by the customer and/or guest(s) or their luggage to the items and/or persons, which are not in or on the ship and if the shipping company is held liable for compensation for this damage.
4. Customer cannot invoke the guest's own liability.
5. Any repairs shall be made at the expense of the client, after the necessity thereof has been notified to the client by the shipping company if possible.
6. This article applies without prejudice to other/further rights, including rights against third parties, of the shipping company.
Article 22: Cancellation by the customer
1. The customer is not authorized to cancel an agreement in whole
cancel an agreement in whole or in part, unless at the same time he irrevocably and unconditionally offers to pay the amounts specified below in paragraphs 3 and 4 respectively. Any cancellation shall be deemed to include such an offer. Such an offer is deemed to be accepted if the shipping company does not immediately reject the offer. Cancellation must be in writing and dated. The customer cannot derive any rights from a verbal cancellation.
KBN General Conditions of Passenger Navigation & KBN Passenger Transport Conditions for Inland Navigation
If and insofar as, at the time of cancellation by the customer in accordance with paragraph 1 of this article, the shipping company already owes amounts to third parties for the execution of the agreement, the customer must reimburse these amounts to the shipping company in full. These amounts will then be deducted from the reservation value for the application of the cancellation compensation on the basis of what is stipulated in paragraph 3 below.
In case of full cancellation, must be paid by the customer to the shipping company within fourteen (14) days after invoicing :
a. in case of cancellation up to 8 weeks before the day of departure and/or the time when under the agreement the services should be provided 50% of the reservation value;
b. in case of cancellation up to 4 weeks before the day of departure and/or the time when under the agreement the services should be provided 65 % of the reservation value;
c. in case of cancellation up to 2 weeks before the day of departure and/or the time when under the agreement the services should be provided 75 % of the reservation value.
d. in case of cancellation up to 1 week before the day of departure and/or the time when under the agreement the services should be provided 90 % of the reservation value.
e. In case of no-show, the customer will in all cases be obliged to pay the reservation value. If the guest and/or customer does not show up punctually, this will be considered a no-show.
4. In case of partial cancellation, paragraph 3 shall apply mutatis mutandis and the amounts determined therein shall be reimbursed pro rata by the customer to the shipping company.
Article 23: Liability of the shipping company
Without prejudice to article 8 paragraph 2 above and articles 3,
4, 5 and 6 of the Passenger Transport Conditions, the shipping company is never obliged to compensate any damage whatsoever or to (re)pay any costs, including costs incurred by the customer or guest, except in the event of intent, deliberate recklessness or gross negligence on the part of the shipping company itself.
In any case, the shipping company is never liable for trading loss and/or consequential loss.
Without prejudice to the above, the shipping company shall never be liable to the customer for damage exceeding the amount of 7 5 % of the
reservation value exceeds.
Article 24: Force majeure
As force majeure for the shipping company, which means that any shortcoming caused thereby cannot be attributed to the shipping company, shall apply
any foreseeable or unforeseeable, foreseeable or unforeseeable circumstance that makes the performance of the agreement by the shipping company
such that the performance of the agreement becomes impossible or objectionable.
Such circumstances include such circumstances at persons and/or services and/or institutions from which
shipping company wishes to make use of in the performance of the agreement, as well as everything that is considered force majeure or
suspensive or resolutive condition, as well as default of the aforementioned.
If either party to the agreement is unable to comply with any obligation under the agreement, it is held and the
other party as soon as possible.
Article 25: Indemnification
The customer fully indemnifies the shipping company for all claims, by whatever name, which the guest, traveler and/or any other third party may make against the shipping company.
This indemnification obligation also applies if the agreement with the customer and/or guest is dissolved in whole or in part for whatever reason.
Article 26: Liability of auxiliary persons, subordinates, etc.
These terms and conditions are also for the benefit of
All natural and legal persons that the shipping company, in the broadest sense of the word, uses or has used in concluding and/or executing the agreements or in operating the shipping company.
agreements or in operating its business.
These terms and conditions also apply in particular to all companies associated with the shipping company, such as parent companies, subsidiaries and sister companies.
Article 27: Applicable law and competent court
1. All disputes relating to these terms and conditions, the agreement(s) and other agreements between the client and the shipping company, as well as all disputes between
the guest(s) and the shipping company will be decided by the court in Rotterdam according to Dutch law.
2. There is also a dispute if either party so states.
3. All claims of the Client and/or Guest shall lapse after a period of one (1) year from the moment they arose. Article 28: Nullity of condition(s)
Should any of the provisions of these terms and conditions be or become invalid and/or be declared null and void, the validity of the remaining provisions shall not be
not affected. Instead of the invalid and/or annulled provision, a provision will be deemed to have been agreed which, within the framework of what is legally possible, most closely approximates the intentions and spirit of the invalid and/or annulled provision.
KBN PERSON TRANSPORT CONDITIONS FOR INLAND WATERWAY Article 1: Definitions
Passenger transport agreement: the agreement whereby one party (the carrier) undertakes to the other party to transport on board a vessel, according to a timetable or otherwise, one or more persons (passengers) and their luggage or not on inland waterways. Agreement of domestic passenger transport: the agreement whereby one party (the carrier) undertakes towards the other party to transport on board a ship, whether or not according to a timetable, one or more persons (travelers) and whether or not their baggage exclusively on inland waterways within the Netherlands. Luggage: the items which the carrier, in connection with the contract of carriage of passengers which it has concluded
undertakes to transport with the exception of goods, transported under an agreement relating to the transport of goods. Luggage includes cabin luggage, hand luggage and live animals.
Cabin baggage: the baggage, excluding live animals, which the traveler has in his cabin, which he has in his possession, under his control or in his power.
Hand luggage: the luggage, excluding live animals, which the passenger has on or with him as easily carried, portable or hand-held items.
Timetable: a schedule of travel possibilities known to everyone.
Carrier according to timetable means the person who has undertaken by contract in relation to another party to carry on board a vessel sailing according to a schedule of travel options recognizable to each, one or more persons (passengers) and whether or not their luggage on inland waterways.
Article 2: Scope
1. Without prejudice to the second and third paragraphs of this article
Section 3 of Title 10 of Book 8 of the Dutch Civil Code shall apply to the passenger transport agreement, insofar as these terms and conditions do not deviate therefrom.
2. Contrary to paragraph 1 of this article, Part 5 of Title 2 of Book 8 of the Dutch Civil Code shall apply to the agreement of domestic passenger transport in accordance with a timetable, insofar as these terms and conditions do not deviate therefrom.
3. Regulation (EU) No. 1177/2010 applies to the agreement of passenger transport according to a timetable, regardless of whether the transport takes place exclusively within the Netherlands. In the event of any conflict between these Passenger Transport Conditions and Regulation (EU) No. 1177/2010, these conditions shall prevail, unless there is a conflict with provisions of mandatory law in the Regulation. In the latter case, the relevant provisions of the Regulation shall prevail.
4. Regulation (EU) No. 1177/2010 does not apply to that contract of passenger transport according to a timetable w hen the carrier undertakes to carry a passenger:
a. aboard a vessel licensed to carry up to 12 passengers;
b. aboard a vessel whose crew responsible for the operation of the vessel consists of no more than three members;
c. aboard a ship that is not mechanically propelled, as well as an original and individual replica of a historic passenger ship designed before 1965, built primarily with the original materials and certified to carry a maximum of 36 passengers;
d. for a total distance of less than 500 meters one way; e. as part of an excursion or tourist trip.
Article 3: Liability of the carrier
Without prejudice to Articles 4, 5, 6, 7, 8 and 9 of these terms and conditions, in the event there is a contract of passenger carriage, the carrier's liability is as follows: Liability for death or injury
1. The carrier is liable for damage caused by death or injury of the passenger, if an incident leading to this occurred during the carriage and insofar as this incident was caused by a circumstance which a diligent carrier could have avoided or by a circumstance the consequences of which such and carrier could have prevented.
2. It is presumed that a diligent carrier could have avoided the circumstance that led to shipwreck, collision, stranding, explosion or bra nd, as well as that such a carrier could have prevented that circumstance from leading to such forv al.
3. Defectiveness or malfunction of the vessel or of the equipment it uses for transportation is considered a circumstance that a diligent carrier could have avoided and the consequences of which he could have prevented.
4. In the application of the first paragraph of this article, a third party's conduct will be taken into account only if no other circumstance, which also led to the incident, is for the carrier's account.
Liability for cabin or hand luggage.
1. The carrier is liable for damage caused by total or partial loss or damage to cabin or hand luggage, if an incident that led to this occurred during the carriage and insofar as this incident was caused by a circumstance that a diligent carrier could have avoided or of which such a carrier could have prevented the consequences.
2. The second and third paragraphs of this article shall also apply in relation to cabin and hand luggage.
3. In the application of the fifth paragraph of this article, a third party's conduct will be taken into account only if no other circumstance, which also led to the incident, is for the carrier's account.
4. Paragraphs 5, 6, 7 and 8 of this article are without prejudice to Articles 8:545 and 8:1006 of the Dutch Civil Code (on collision damage and fault of two or more ships).
Liability for luggage, not being cabin or hand luggage
1. Subject to paragraphs 5, 6, 7 and 8 of this article
The carrier is liable for damage caused by the total or partial loss of or damage to luggage, if an incident that led to this occurred during carriage and insofar as this incident was caused by a circumstance that a diligent carrier could have avoided or of which such a carrier could have prevented the consequences.
Navigation errors
2. Subject to paragraphs 1 to 9 of this article and article 6 of these terms and conditions, the carrier is not liable for damage caused by an act, negligence or omission of the captain or skipper, any other member of the crew, the pilot or the carrier's subordinates, committed in the navigation of the vessel.
Attempted rescue
1. Subject to paragraphs 1 to 9 of this Article and Article 6 of these Terms and Conditions, any deviation from the course to rescue or attempt to rescue human lives or property and any reasonable deviation from the course shall be deemed a breach of any contract of carriage and the Carrier shall not be liable for any loss or damage caused thereby.
KBN General Conditions of Passenger Navigation & KBN Passenger Transport Conditions for Inland Navigation
Article 4: Liability of domestic carrier according to timetable.
Notwithstanding Article 3 of these terms and conditions, but without prejudice to Articles 5, 6, 7, 8 and 9 of these terms and conditions, in the case of a contract of domestic passenger transport according to a timetable, the carrier's liability is as follows: Liability for death or injury
Carrier is liable for damages caused by death or injury to the Passenger as a result of an accident that happened to the Passenger in connection with and during transportation.
Notwithstanding the first paragraph of this article, the carrier is not liable insofar as the accident was caused do or a circumstance which a diligent carrier could not have avoided and insofar as such a carrier could not have prevented the consequences thereof.
Defect or malfunction of the vessel or of the equipment, which he uses for the transport, is considered a circumstance that a diligent carrier could have avoided and the consequences of which such a carrier could have prevented.
In the application of the second paragraph of this article, the conduct of a third party shall be taken into account only if no other circumstance, which also led to the accident, is for the account of the carrier.
Liability for hand luggage and live animals.
The carrier is liable for damage caused by total or partial loss or damage to handbagag e including live animals, insofar as this loss or damage occurred during transport and was caused:
a. due to an accident occurring to the passenger which is for the account of the carrier, or
b. by a circumstance which a prudent carrier could have avoided or the consequences of which such carrier could have prevented.
Defectiveness or malfunction of the vessel or of the equipment it uses for the transport, shall be designated as a circumstance which a diligent carrier could have avoided and the consequences of which such a carrier could have prevented.
In the application of the fifth paragraph of this article, the conduct of a third party will be taken into account only if no other circumstance that also led to the incident is for the account of the carrier.
Paragraphs 5, 6 and 7 of this article are without prejudice to Articles 8:545 and 8:1006 of the Dutch Civil Code (on collision damage and fault of two or more ships).
Liability for luggage, other than hand luggage or live animals
9. Paragraph 9 of article 3 of these terms and conditions is of
application regarding the carrier's liability for luggage, other than hand luggage and live animals.
Article 5: Liability for mobility aids or other special aids
Scheduled Carrier, other than a carrier referred to in paragraph 4 of Article 2, is liable for damage resulting from loss of or damage to mobility equipment or other special equipment used by a disabled person or a person with reduced mobility, if the event leading to the loss was due to the fault or negligence of the carrier. Fault o f negligence of the carrier is assumed in case of loss caused by a shipping incident.
Article 6: No liability for coins, gold, jewelry etc.
The carrier is not liable in case of loss of or damage to money, negotiable documents, gold, silver, jewels, jewelry, art objects or other valuables, unless these valuables have been given to the carrier for safekeeping and the carrier has agreed to hold them as security.
Article 7: Limitation of liability
1. The compensation for damages that the carrier may be liable to pay pursuant to Articles 3 and 4 of these terms and conditions, respectively, shall be limited to the amount that applies pursuant to Article 8:983 of the Dutch Civil Code or Article 8:110 of the Dutch Civil Code (domestic carriage in accordance with timetables), respectively.
2. In the event that the compensation is determined in the form of interest, the capitalized amount may not exceed the amount referred to in paragraph 1.
3. Without prejudice to paragraph 1 of this Article and paragraph 4 of Article 13 of these Terms and Conditions, in the event that the carrier is liable for damage to or loss of baggage, such liability shall be limited to the value of such baggage; in the event of damage to or loss of such baggage, the carrier shall never be liable for immaterial damage, indirect damage or consequential damage.
4. Notwithstanding paragraphs 1 and 3 of this article, the compensation, which the carrier may be liable to pay under Article 5 of these Terms and Conditions, shall correspond to the replacement value of the aids involved or, as the case may be, to the cost of repair.
Article 8: Intent and gross negligence
An act or omission by anyone except the carrier itself, done either with intent to cause damage or recklessly and with the knowledge that damage would probably result, does not deprive the carrier of the right to invoke any exclusion or limitation of its liability.
Article 9: Delay
The carrier is not liable for damage caused by delay, for whatever reason before, during or after transport, or caused by any deviation from the timetable.
Article 10: Ignorance of items brought along
The carrier shall not be liable for any compensation in respect of goods brought on board by the passenger which he would not have allowed on board if he had known their nature or condition and for which he did not issue a receipt, if the passenger knew or ought to have known that the carrier would not have allowed the goods to be carried; the passenger shall then be liable for all costs and damage for the carrier arising from the offer for carriage or from the carriage itself.
Article 11: Liability of the traveller
Without prejudice to article 10 of these terms and conditions, the passenger is obliged to compensate the carrier for the damage he or his ba gage caused it, except insofar as this damage
was caused by a circumstance which a diligent traveller could not have avoided and in so far as such a traveller could not have avoided the consequences thereof.
has not been able to prevent. The traveler cannot invoke the quality or a defect of his luggage to release himself from liability.
Article 12: Liability of subordinates and auxiliary persons
The exclusions or limitations of the carrier's liability resulting from these terms and conditions and the rights granted to it shall also apply to and accrue to its subordinates and all other persons used by the carrier in the performance of the passenger transport contract.
Article 13: Traveller's right of claim
1. Without prejudice to Article 6:107 of the Dutch Civil Code, in the event of injury to the traveler, only the traveler himself has a claim for compensation.
2. Without prejudice to Article 6:108 of the Dutch Civil Code, only the surviving spouse, children or parents of the traveler, who used to be supported by his labor have a claim for compensation.
3. The claims referred to in the previous paragraphs of this article are valued according to the mutual status and fo rtuin of the persons and according to the circumstances.
4. In case of loss or damage to luggage, the claim for compensation is valued according to the circumstances.
Article 14: Passenger's own fault
If the carrier proves that fault or negligence of the passenger caused or contributed to damage, the carrier's liability therefor may be waived in whole or in part.
Article 15: Auxiliary persons
If persons whose assistance the carrier makes use of in the performance of its obligation provide services at the request of the traveler, which the carrier is not obliged to do, they shall be considered to be acting on behalf of the traveler to w hen they provide these services.
Article 16: Guarantee obligation of the other party that the passenger is present in time
The other party to the carrier is obliged to compensate it for the damage it suffers as a result of the passenger not being present on time for transport, due to whatever cause.
Article 17: Guarantee obligation of the other party that documents are properly present
Carrier's contractual counterparty is obliged to compensate it for the damage it suffers due to the fact that the documents relating to the Passenger, which are required on its part for the carriage, are not properly present for whatever reason.
Article 18: Passenger returning on board too late
1. If the traveler does not return in time after leaving the ship, the carrier may consider the agreement terminated at that time.
2. The carrier's contractual other party shall remain liable for the passage fees and other charges imposed on the passenger for the entire agreed carriage. In addition, the other party of the carrier shall be obliged to compensate the carrier for the damages suffered by the carrier as a result of the termination.
Article 19: Refusal of access
Ship access, passenger waiting areas,
the access facilities and/or the transport of persons and luggage, may be refused by the carrier without giving reasons, if this is necessary in connection with capacity, safety, public order, the imminent occurrence of damage, nuisance and the like, and because of the violation of these conditions. In case of an exigible claim of the carrier against his contractual counterparty, the carrier shall also be entitled to do so.
Article 20: Compliance with regulations
1. Passenger, who is in the waiting room, the access facility or on board the ship, must have
strictly comply with government regulations and instructions issued by the carrier, particularly but not exclusively in the interests of order and safety.
2. If the regulations and instructions referred to in the first paragraph of this article are not followed, the carrier is entitled to terminate the passenger transport agreement. The termination shall be effected by
an oral or written notice to the carrier's other party or to the traveler and the contract terminates at the time of the first notice received, without prejudice to the carrier's right to compensation.
Article 21: Changes to sailing schedules, etc.
The carrier is at all times entitled, without being obliged to pay any compensation, to make changes to sailing schedules, sailing routes or programs, if the condition of the waterway or other circumstances relating to the sailing demand or justify this, partly but not exclusively in the interests of safety.
Article 22: Prevention of commencement or execution of transport
Carrier is not liable for damages of the traveler, if the agreed transport is not commenced or completed. In this case, the passenger is entitled to a refund of the passage fees.
Article 23: Contractual other party must vouch for traveler
Insofar as the traveler is not the contractual other party of the carrier, the contractual other party is obliged to compensate the damage suffered by the carrier as a result of the traveler's failure to comply with the obligations incumbent upon him pursuant to these conditions and the law.
Article 24: Expiry
1. Without prejudice to article 8:1753 BW, a legal claim against the carrier on account of
death or injury to the passenger or in respect of cabin and hand luggage or in respect of a live animal if the person entitled has not notified the carrier within a period of three months of the incident or accident which befell the passenger.
2. The period mentioned in the first paragraph of this article begins with the start of the day following the day of the incident or accident.
KBN General Conditions of Passenger Navigation & KBN Passenger Transport Conditions for Inland Navigation
Article 25: Limitation period
A legal claim against the carrier in respect of injuries sustained by a passenger lapses after three years, which period begins with the commencement of the day following the day of the incident or accident suffered by the passenger.
An action against the carrier in respect of the death of a passenger lapses after three years, which period begins with the commencement of the day following the day of death of the passenger, but which shall not exceed five years beginning with
commencement of the day following the day of the de
Traveler's occurrence or accident.
Without prejudice to Article 8:1750 of the Dutch Civil Code, a
legal action against the carrier regarding the transportation of cabin or hand luggage or a live animal
by the lapse of one year, which period begins with the commencement of the day following that on which the passenger left or should have left the ship.
Without prejudice to Article 8:1750 of the Dutch Civil Code, a legal claim against the carrier with regard to the carriage of luggage, not being cabin or hand luggage or a live animal, lapses after one year, which period begins with the commencement of the day following the day on which this luggage was delivered or should have been delivered.
Article 26: Applicable law and competent court
Dutch law applies to the agreement of passenger transport, to which these terms and conditions apply, and the related actions.
All disputes arising from or related to the execution of the agreement of persons - transport, to which these terms and conditions apply, shall, insofar as belonging to the jurisdiction of a court of law, in the first instance be tried exclusively by the Court of Rotterdam.
Article 27: Cancellation
No money will be refunded in the event of cancellation or cancellation of the cruise. However, payments may be rescheduled to an alternative date or arrangement, subject to availability and prior agreement with the shipping company.