Terms and conditions Rubigo Enterprises

  1. Anyone who participates and / or wants to participate in the cruise offered by Rubigo Enterprises is deemed to have taken note of the contents of these general terms and conditions and to agree to them.

  2. Any general terms and conditions used by the other party do not apply unless they have been explicitly accepted in writing by Rubigo Enterprises. Signing by Rubigo Enterprises of documents of the client to which such general terms and conditions have been declared applicable does not count as written acceptance thereof by Rubigo Enterprises.

    1. The person who signs as the captain of the boat is responsible for the passengers and has a valid ID that clearly indicates that the "captain" is 18 years or older.

    2. Rubigo Enterprises reserves the right to refuse an assignment without giving reasons.
    3. Client does not have the right to transfer the agreement with Rubigo Enterprises in whole or in part to third parties without prior written permission from Rubigo Enterprises.

    4. Rubigo Enterprises determines the way in which the assignment is carried out within the limits of what has been agreed in writing between the parties.

    5. If, before or during the performance of the agreement, it appears that this or a part thereof can only be changed due to unforeseen circumstances, the party that first becomes aware of this circumstance will consult the other party. Rubigo Enterprises hereby informs the other party of the financial consequences.

    6. Changes to the agreement and deviations from these general terms and conditions will only be effective if they have been agreed in writing between the parties. If changes lead to an increase or decrease in costs, a resulting change in the price must be agreed in writing between the parties.

    7. The other party has the right to cancel an agreement concluded between parties under the following conditions. If the other party cancels the agreement less than 24 hours before the cruise, the agreement between the parties is terminated on the understanding that the other party owes Rubigo Enterprises 50% of the agreed rent and the full costs of the reserved arrangements on the basis of the agreement.

    8. If * bad weather * is expected during your reservation, the reservation will be moved in consultation with you free of charge. WaterBBQ will contact you at least 24 hours before the agreed departure time. We hereby keep the weather forecasts of buienradar.nl.
      (* bad weather *, besides drizzling rain any kind of rain, wind force> 4bft, any kind of thunderstorm)

    9. Rubigo Enterprises reserves the right to demand payment in advance.

    10. Payment must be made within the specified periods in the absence of which the other party is legally in default.

    11. All costs incurred by Rubigo Enterprises to enforce its rights, including all extrajudicial and judicial costs in the event of the engagement of an authorized representative, lawyer or bailiff, are for the account of the client.

    12. Rubigo Enterprises has the right to the other party, which has not paid on time, without prejudice to its other rights under the conditions and / or the law:

      1. to demand immediate payment in respect of the other party and / or security for payment for all current agreements;
      2. suspend its performance (s), also from other agreements with the other party, without prejudice to its right to demand security for payment simultaneously or later.
      3. dissolve the agreement in question fully or insofar as it has not been executed by means of a written statement from Rubigo Enterprises;
      4. to dissolve one, more or all current agreements, in respect of which the other party is not in default, wholly or insofar as not executed, by means of a written statement from Rubigo Enterprises.
      5. demand payment in full of the full amount if payment in installments has been agreed.
      6. Except in the event that use is made of the right of dissolution, WaterBBQ can at all times change its choice from the rights referred to in this article.
    13. Client will always provide Rubigo Enterprises with all necessary information in a timely manner.
    14. If information necessary for the implementation of the agreement is not available to Rubigo Enterprises, or not in time or in accordance with the agreements, or if the other party does not fulfill its obligations towards Rubigo Enterprises in any other way, this may suspend the fulfillment of Rubigo Enterprises obligations. and additional costs may be charged to the other party.

    15. The other party must immediately follow the instructions of (the employees of) Rubigo Enterprises. Access to the boat and jetties can be refused by Rubigo Enterprises without stating reasons, if this is deemed necessary in connection with, among other things, safety and public order.

    16. It is not possible to deviate from the starting time of the cruise. The boat leaves at the agreed time. The absence of (a part of) the passengers on time is at the expense and risk of the other party. The other party's request, to be confirmed in writing and then confirmed in writing, can be waited until all passengers are present. Deviations from the agreed departure time are entirely at the expense and risk of the other party. The duration of the cruise will then be shortened as much as the delay has lasted. Other parts of the tour may be changed / shortened or canceled completely as a result of this delay.

      Liabilty for damages

    17. Rubigo Enterprises is not liable for damage as a result of a defective or late execution of the agreement, nor is it liable for any other, direct and / or indirect damage, including injury (damage), of the other party, unless that damage is due to gross negligence, recklessness or intent.

    18. In cases where the other party has violated a traffic rule or the law, the penalty or penalty is for the other party. In such cases, the other party is always held liable.

    19. In all cases where Rubigo Enterprises is obliged to pay any compensation, this will under no circumstances exceed the amount of the amounts invoiced and invoiced by Rubigo Enterprises to the client under the relevant agreement (excluding VAT).

    20. Rubigo Enterprises explicitly excludes any liability with regard to all persons for whom Rubigo Enterprises is in any way responsible or liable, including third parties that Rubigo Enterprises has engaged in the provision of services.
    21. The other party is responsible and liable for the behavior of the passengers brought on board. The other party must take out the necessary insurance policies at its own risk.
    22. The other party is liable for the loss and / or damage to property and possessions of Rubigo Enterprises for whatever reason. The other party is also liable for damage caused by passengers to the staff or property and possessions of the employees of Rubigo Enterprises and the third parties it has engaged, unless there is gross negligence on the part of the persons concerned.

    23. During the execution of the agreement, one or more persons must be 100% sober. Only this person or persons may register as captain of the boat at Rubigo Enterprises before the cruise may commence.

    24. In the event that the other party fails to meet one or more of its obligations, or fails to do so on time or properly, requests suspension of payment, is declared bankrupt, its assets are wholly or partially seized and / or the other party wholly or partially makes the decision loses its assets, Rubigo Enterprises has the right to suspend the performance of the agreement or to dissolve a written statement, all this at its option and without prejudice to any right to compensation for damage and costs.

    25. Dutch law applies to these general terms and conditions and all agreements entered into by Rubigo Enterprises based on them. All disputes that may arise with regard to the interpretation or implementation of these conditions or agreements will be submitted exclusively to the authorized Rubigo Enterprises.