TERMS |
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Article 1 Definitions Where reference is made in these General terms and Conditions or in any Agreement to any of the following terms, these shall be interpreted as follows: a. Offerer The Owner of the Vessel. b. Client Any natural person with whom or legal entity with which the Offerer concludes an Agreement. c. Agreement Any Agreement being effected between the Offerer and the Client and any amendment of or supplement to any such Agreement governed by the present General Terms and Conditions pursuant to which the Offerer undertakes vis-a-vis the Client to organize a Boating Trip on board the Vessel. d. Guest Any natural person or legal entity having been given permission by the Offerer to make use of the latter's services. c. Boating Trip The entire stay on board of the Vessel throughout such period as stipulated in the Agreement. f. Luggage Any personal belongings which the Client and/or the Guest carries on or with him in the form of easily transportable items which are either portable or can be manually wheeled. g. Vessel The Vessel as stipulated in the Agreement. h. Price The Price to be paid for the Boating Trip as stipulated in the Agreement. Article 2 Applicability 2.1 In addition to forming part of all Agreements, the present General Terms and Conditions shall apply to all pre-contractual associations between the Offerer and the Client with effect from such moment as the Offerer has presented the Client with a copy of the said General Terms and Conditions. |
2.2 Any amendments of and/or supplements to one or
more provisions as per the Agreement and/or the present General Terms and Conditions shall
only apply in so far as they have been agreed in writing between the Offerer and the
Client, and shall exclusively apply to the Agreement in question. 2.3 The
Agreement and the present General Terms and Conditions represent the entire substance of
the rights and obligations on the part of the Offerer and that of the Client. The Client shall undertake vis-a-vis the Offerer that the Guest
shall fully comply with all obligations ensuing from the Agreement and the present General
Terms and Conditions as well as observe all bans contained therein. The Client shall
indemnify the Offerer in respect of any claims to be potentially lodged by the Guest
against the Offerer except in so far as such claims are based on such damage or loss
sustained by the Guest as is the immediate result of deliberate recklessness or malice on
the part of the Offerer. page 1 |