Algemene Voorwaarden

General Terms and conditions

These general terms and conditions are a translation of the original general terms and conditions written in Dutch. In case of disputes, the Dutch version will always prevail.

1

Definitions

1.1.   Agreement: the travel agreement between Dali Sailing Company BV and the Traveler;

1.2.   Traveler: the person who makes a travel agreement with Dali Sailing Company BV, and the person(s) on whose behalf the travel agreement is made;

1.3.   Travel Rate: the rate agreed for the period of travel and the route;

1.4.   Voyage: the agreed journey between Dali Sailing Company BV and the Traveler over the travel route, during the travel period;

1.5.   Vessel: the vessel used to execute the agreement;

1.6.   Travel period: the period from embarkation at the port of departure to disembarkation at the port of discharge, as agreed between Dali Sailing Company BV and the Traveler;

1.7.   Travel Route: the route from the port of departure to the destination port that Dali Sailing Company BV and the Traveler have agreed;

2

Application

 

2.1. These general conditions apply to the contract concluded between Dali Sailing Company BV and the Traveler.

 

2.2. Individual deviations from these general terms and conditions shall only apply if agreed in writing.

3

Dali Sailing Company Obligations

 

3.1. Dali Sailing Company BV transports the Traveler with the vessel over the travel route during the travel period, in compliance with the provisions of this agreement.

 

3.2. Dali Sailing Company BV shall make every effort to ensure that the vessel is in good condition at the commencement of the travel period, is adequately equipped with safety equipment for the travel route and is adequately supplied.

 

3.3. Dali Sailing Company BV crews the vessel during the voyage with a skipper qualified to undertake the voyage in question.

 

3.4. Dali Sailing Company BV undertakes to take out liability insurance.

4

Obligations of the Traveler

 

4.1. The Traveler is obliged to follow the skipper’s instructions and regulations at all times.

4.2. The Traveler guarantees that he will not bring contraband, (prohibited) drugs, (fire) weapons, dangerous substances, live animals or other prohibited goods on board. The Traveler must inform himself about what is a prohibited good with the authorities of the country/ies concerned. The Traveler guarantees upon signing the travel agreement that the luggage of the Traveler does not contain the aforementioned items. Dali Sailing Company BV is entitled to satisfy itself of the nature or condition of the luggage, if it suspects that, knowing the nature or condition of the luggage brought on board by the Traveler it would not have allowed it on board. Dali Sailing Company BV will only carry out this investigation in the presence of the Traveler or, if this is not possible, in the presence of two people from whom no assistance can be requested.

 

4.3. The Traveler guarantees that he is in possession of a valid passport, visas, vaccinations and any other documents (such as a QR code negative test COVID etc.) necessary for the travel route, with a correct validity period for the trip (or longer, such as a passport, which must still be valid for 6 months at the date of return home). The Traveler must also be in possession of any other documents, not mentioned above, which are required to board at the port of departure and disembark at the destination. The Traveler must inform himself about the necessary documents and must apply for them, all related cost are for the Traveler.

 

4.4. The Traveler confirms with the conclusion of the agreement that his health is such that he can complete the journey without health problems. A Traveler who knows that he suffers from heart disease, epilepsy, diabetes or a condition that can only be controlled by consistent medication, must report this to Dali Sailing Company BV at the conclusion of the agreement.

 

4.5. If the Traveler fails to comply with an obligation, Dali Sailing Company BV is entitled at any time to cancel the agreement, to refuse embarkation or carriage or to order disembarkation of a passenger/traveler who in the opinion of Dali Sailing Company BV or its skipper poses a danger to the ship, the passengers or to himself, who is in insufficient condition to travel, or who endangers the health, safety or welfare of the other passengers. In that case the Traveler is not entitled to a refund of (part of) the travel rate. Dali Sailing Company BV is in that case not liable for compensation regardless of the place of termination.

 

4.6. The Traveler who fails to comply with an obligation is liable for damages incurred by Dali Sailing Company BV in connection therewith.

5

Amendment of agreement

 

5.1. Dali Sailing Company BV is authorized to change the travel agreement, on an essential point only if there is a compelling reason. The reason for the change will be communicated to the Traveler immediately.

 

5.2. Dali Sailing Company BV determines in consultation with the Traveler whether, given the (expected) weather conditions or unforeseen circumstances, it is responsible to sail. In case of disagreement the judgment of Dali Sailing Company BV is decisive.

 

5.3. If the itinerary or the travel period changes due to (expected) weather conditions or unforeseen circumstances, the damage of the Traveler as a result will not be charged to Dali Sailing Company BV. The Traveler should take this into account when booking his transport from the departure base and from the destination.

 

5.4. Up to twenty-one days before the start of the travel period, Dali Sailing Company BV has the right to increase the travel rate, if the cost of executing the trip changes due to unforeseen circumstances. In that case the Traveler has the right to cancel the travel agreement within seven days after receiving the notification.

COVID and the travel agreement

5.5. If, forty-eight hours prior to the commencement of your trip, it is in no way possible to get to Dali Sailing Company BV’s Ship for your trip, Dali Sailing Company BV will cancel the trip in consultation with the Traveler. In doing so, Dali Sailing Company BV will charge a cancellation fee of ten percent (10%) of the total travel rate, excluding the Skipper’s fee.

5.6. If the trip continues as planned because the airlines continue to fly, but you no longer feel comfortable going on the trip, you may of course cancel at any time but no later than forty-eight hours in advance. When you take the initiative out of fear, or an unpleasant feeling, or similar emotions, we understand that but all costs incurred are entirely for the Traveler. Dali Sailing Company BV will not issue a credit note for cancelling the trip at the Traveler’s own initiative.

 

5.7. The measures and other rules regarding COVID-19 are constantly changing, Dali Sailing Company BV has (unfortunately) no influence on this. As a Traveler you are responsible for obtaining the correct information and checking timely before departure whether the information you previously received is still correct. Any costs associated with the extra measures to be taken are to be borne by the Traveler. We would also like to refer you once again to articles 4.3 and 4.4 of these general conditions.

 

5.8. Dali Sailing Company BV would like to draw the attention again to the fact that most countries require a negative (PCR) test as well as a health declaration. If the Traveler do not have such a health statement on time, the airline company will (possibly) refuse to allow the Traveler to travel. If the Traveler have any doubts about the rules, measures, valid documents you need, please contact the airline. If the Traveler are travelling by car, you as a Traveler are of course just as responsible to be in possession of the correct documentation.

 

5.9. If the Traveler gets the Corona virus during the travel period, you as a Traveler are responsible for your personal (health) situation. Dali Sailing Company BV strongly advises the Traveler to consult their policy conditions and travel and cancellation insurance to see if and when you can claim for any medical assistance, additional costs and arrangements to return home.

 

5.10. Quarantine rules apply in some countries at certain times. If it turns out that you will have to stay in quarantine on arrival, this is of course not possible on the ship of Dali Sailing Company BV. This circumstance will be seen as a cancellation of the agreement. We refer to article 5.7 of these general conditions.

6

Traveler Data

6.1. Dali Sailing Company BV must have received from the Traveler the reservation form (https://dalisailing.com/en/reservation/)  with the Traveler data containing at least the following information: first and last name(s)  as stated in the passport, address, date of birth, place of birth, passport number, dietary requirements, medical requirements, contact details of a close relative in case of emergency.

7

Liability

7.1. The liability of Dali Sailing Company BV in case of death or injury of the Traveler is limited to the amount determined by art.

8:518 (Dutch) BW. The liability of Dali Sailing Company BV in case of loss or damage to luggage of the Traveler is limited to a maximum amount of EUR 1.000,- by virtue of art. 8:518 (Dutch) BW. This is without prejudice to the right of Dali Sailing Company BV to invoke the general liability limitation of 8:7 and 8:12 (Dutch) BW.

 

7.2. Notwithstanding the provisions of Article 7.1, if Dali Sailing Company BV is liable for damages to the person of a Traveler, such liability can never result in a greater compensation obligation than the amount for which Dali Sailing Company BV’s liability insurance provides coverage.

 

7.3. Dali Sailing Company BV is only liable for damage caused by loss or damage to (part of) the luggage, if the incident that led to this occurred during the transport and to the extent that this incident is caused by a circumstance that a diligent carrier could have avoided or the consequences of which a carrier could have reasonably prevented.

 

7.4. Dali Sailing Company BV is not liable for goods that are not necessary for making the travel in accordance with the travel agreement that may cause problems of any kind. Dali Sailing Company BV reserves the right to remove such goods from the ship. If Dali Sailing Company BV can be held liable for damage or loss of luggage then the aforementioned items fall outside this liability and will never be eligible for compensation.

 

 

7.5. Dali Sailing Company BV is not liable for any loss or damage to money, negotiable documents, gold, silver, jewels, jewelry, artefacts or other items of value.

 

7.6. The Traveler is liable for damage caused by him or his luggage.

 

7.7. The Traveler is liable for damages incurred by Dali Sailing Company BV due to the need to deviate from the route of travel because of a circumstance attributable to the Traveler.

 

7.8 Dali Sailing Company BV cannot be held responsible for not achieved expectations of the workshops, courses or other arrangements.

8

Insurance

8.1. Dali Sailing Company BV holds valid business liability, third party liability and hull insurance policies. Since the liability of Dali Sailing Company BV may be excluded or limited by law to certain maximum amounts, it is possible that the damage suffered by the Traveler remains entirely or partially for his own account. The Traveler must therefore himself ensure adequate insurance against this risk, including cancellation insurance.

 

9

Shore excursions

9.1. When the Traveler organizes excursions or other activities ashore, the Traveler guarantees Dali Sailing Company BV that he has made all necessary preparations, such as transportation, equipment, provisions, etc.

Due to weather conditions, Dali Sailing Company BV cannot guarantee to drop the Traveler off at the nearest location for the excursion organized by the Traveler himself. Additional costs will be borne by the Traveler himself.

 

9.2 It is possible to organize shore excursions through Dali Sailing Company BV, for this a separate quote must be requested. In this offer will be shared information what will be for care and account for the Traveler or Dali Sailing Company BV. Off course this quotation is only valid when both parties have given their agreement in written.

10

Payment

10.1. The Traveler must transfer at least 50% of the travel sum 30 days after receipt of the invoice to the Rabobank account IBAN NL77INGB0007131432 in the name of Dali Sailing Company BV. The full amount must be settled 30 days before the start of the Travel period.

 

10.2. If the travel rate is not paid on time, the Traveler will be in default without notice of default.

 

10.3 Dali Sailing Company BV has no obligations to carry out workshops and courses if they are not paid 30 days in advance.

11

Cancellation

11.1. If the Traveler wishes to cancel the travel agreement he must immediately inform Dali Sailing Company BV in writing. The Traveler must reimburse Dali Sailing Company BV for any damages it suffers as a result.

 

11.2. The damage suffered by Dali Sailing Company BV as a result of a cancellation is fixed at:

– 50% of the travel rate, for cancellation up to 90 days before the start of the travel period;

– 75% of the travel rate for a cancellation up to 60 days before the start of the travel period;

– 90% of the travel rate, if cancelled up to 30 days before the start of the travel period;

– The full travel rate for cancellation from 14 days before the start of the travel period.

 

11.3. The Traveler who cancels a trip may request Dali Sailing Company BV if third parties may make the booked trip in his place. Dali Sailing Company BV is free in its assessment whether said third parties meet all the conditions of the travel agreement and are acceptable to it. If that is the case, the Traveler will not be liable for more than 10% of the travel rate.

12

Cancellation by the Traveler due to the unavailability of the vessel

12.1. The Traveler is entitled to cancel the Travel contract when he has been informed by Dali Sailing Company BV that the vessel is not or will not be available at the date and place indicated in the offer.

 

12.2. After a valid cancellation by the Traveler on this ground, Dali Sailing Company BV will refund to the Traveler any (parts of the) rent already paid by the Traveler.

 

12.3. Dali Sailing Company BV is not liable for any damages suffered by the Traveler in connection with the non-availability of the vessel, unless the damage is caused by Dali Sailing Company BV’s own acts or omissions, or by acting recklessly with the knowledge that such damage would probably result.

13

Termination due to damage to the ship

13.1. The Traveler and Dali Sailing Company BV are both entitled to terminate the agreement if the vessel during the voyage, without having been wrecked, proves to be so damaged that the vessel is not worthy of repair, necessary for the execution of the agreement, or that such repair is not possible within a reasonable time.

 

13.2. Upon valid cancellation by the Traveler or by Dali Sailing Company BV on this ground, Dali Sailing Company BV will refund to the Traveler the travel rate pro rata to that portion of the voyage that was not performed, less any fixed costs and costs associated with reaching the most reasonably suitable port or place for the earliest disembarkation of the Traveler(s).

 

13.3. The Traveler and Dali Sailing Company BV are not liable to each other for any damage caused by damage to the ship, unless and to the extent that the damage was caused by their own actions or omissions, done either with intent to cause that damage, or recklessly and with knowledge that such damage would probably result.

14

Notice of Termination

14.1. Any cancellation shall be made in writing by email via [email protected]  (provided with a read and receive confirmation) or any other urgent message, the receipt of which is clearly demonstrable and the agreement terminates at the time of receipt. At the time of receipt Dali Sailing Company BV will provide the Traveler with a written confirmation of receipt. Dali Sailing Company BV reminds the Traveler that this may take up to thirty (30) days, due to the travel on the open sea and the minimal to no telecommunications / internet possibilities.

15

Luggage

When assembling his luggage, the Traveler takes into account the limited amount of storage space on board the vessel. Luggage must be packed in a bag or bags. Luggage may not weigh more than 20kg per Traveler, may not exceed 0.1 m3 (100 liters), and must be placed on board in such a way that it does not cause any inconvenience. Towels and bed linen are on board and included in the rate. Hard-shell suitcases are not permitted.

16

Complaints

The Traveler is allowed to submit complaints about the travel period of the agreement within two (2) weeks of their occurrence in writing, stating reasons, to his or her travel agent or to Dali Sailing Company BV at [email protected] with a read and receipt confirmation.

17

Disputes

17.1. Disputes relating to this agreement are governed by Dutch law.

 

17.2. Only a Dutch judge is competent to adjudicate on those disputes.

18

Confidentiality and media statements

 

Hereby both parties declare a business and personal confidentiality obligation during and for at least six (6) months after the last day of travel period. Also, information may only be posted on the internet, forums, social media and other media channels with written permission from Dali Sailing Company BV. Dali Sailing Company BV is free to share all kinds of information provided that the Dutch privacy law is complied with and the wishes of the guests on board will be taken into account.

19

House Rules

Our house rules have the following keyvalues:

Respect each other and everyone, strive for harmony.

– We are one with the world we are living in and take the environment into account as much as possible.

– Be positive, in the end everything is easier for everyone.

– As a Traveler you are also responsible for everyone’s (sense of) safety.

 

The complete house rules will be received by the Traveler ones entering the vessel, as well as the safety instructions. You, as a Traveler, must fully enforce these.

 

 

 

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