Rederij Clipper Stad Amsterdam: General Terms and Conditions

2.8 In the event of any conflict of interpretation between the Agreement and the present General Terms and Conditions. the provisions as per the Agreement shall prevail.

Article 3 Obligations on the Part of the Offerer

3.1 The Offerer shall ensure that the Vessel and its crew fully comply with the relevant statutory requirements, and shall furthermore ensure handover of the Vessel at the start of the Boating Trip in a spotless and fully equipped condition.

3.2 The Offerer shall be under an obligation pursuant to the Agreement to perform the Boating Trip to the best of its ability.

3.3 The itinerary shall be determined by the Offerer, in consultation with the Client.

3.4 The Offerer and/or the captain of the Vessel shall at all times be authorized to decide that prevailing weather conditions, high or low tide, waterway blockages and similar circumstances affecting the Vessel, any acts or omissions on the part of the Guest and/or delayed transport due to other causes than the Offerer's deliberate recklessness or malice render it impossible to sail or necessitate changes to be made to the Boating Trip, in the broadest sense, or cut short the Boating Trip or change the point of departure or arrival.

3.5 The Offerer shall endeavor in such cases as set out in the preceding paragraph to contribute to putting together an alternative, where appropriate on compensation by the Client of any additional costs to be incurred by the Offerer in this context. It shall be up to the Offerer and/or the captain of the Vessel to decide whether any such alternative would be feasible and could reasonably be carried out by the Offerer.

3.6 In the event of the Vessel being inadvertently unavailable, the Offerer shall make an effort to deploy an equivalent alternative Vessel. In the event that this proves to be impossible, the Offerer shall be entitled to have the Agreement dissolved.

Article 4 Obligations on the Part of the Client

4.1 Unless it has been agreed otherwise, the Client shall vacate, no later than by the day of disembarkation, the Vessel in the condition in which the latter was originally handed over on embarkation, i.e. spotless and fully equipped.

 

4.4 No nuisance may be caused due to any Luggage.

4.5 The Client shall be under an obligation, on the day of embarkation, to present the Offerer with a list containing the names of the Guests.

Article 5    Rights (to Suspend Performance) on
    the Part of the Offerer

5.1 The Client's non-compliance or inadequate or tardy compliance with any of its obligations pursuant to the Agreement and/or these General Terms and Conditions shall entitle the Offerer to suspend with immediate effect its obligations pursuant to the Agreement and/or these General Terms and Conditions, on preservation of all its other rights vis-a-vis the Client.

5.2 The right to suspend performance referred to in the preceding paragraph shall extend to the right of the Offerer and/or the captain of the Vessel to deny the Client and/or the Guest access to the Vessel.

5.3 The Client's non-compliance or inadequate or tardy compliance with any of its obligations pursuant to the Agreement and/or these General Terms and Conditions followed by the Offerer's invoking of or appealing to the right to suspend performance referred to in paragraph 1 herein before shall entitle the Offerer to secure from the Client immediate payment of the Price, on preservation of all the Offerer's other rights vis-a-vis the Client.

5.4 The Offerer and/or the captain of the Vessel may deny access to the Vessel as well as refuse the performance of hospitality/catering services on board the Vessel in so far as such is necessary from a point of view of capacity, security, public order or threatened damage or nuisance, or in the event of any earlier accounts remaining unpaid.

page2

PAGE 1 I PAGE 3 I PAGE 4 I PAGE 5