| Article 6 Offerer's Liability 6.1
Such compensation for loss or damage as the Offerer may be due in respect of the death of
or injury to persons pursuant to Chapter 3 of Part 10, Book 8 of the Netherlands Civil
Code shall be limited to a sum of NLG 300,000 (in words: three hundred thousand Dutch
guilders) per Client or Guest, as the case may be. In the event of compensation for loss
or damage being fixed in the form of interest, the capitalized amount shall not exceed a
sum of NLG 300,000 (in words: three hundred thousand Dutch guilders) per Client or Guest,
as the case may be.
6.2 Such compensation for loss or damage as the Offerer may be due in the event
of Luggage being lost or damaged shall be limited to NLG 2,200 (in words: two thousand,
two hundred Dutch guilders). Damage to Luggage shall be limited to the current market
value of such Luggage. On no condition shall the Offerer be liable for non-material damage
or indirect or consequential damage ensuing from the loss of or damage to Luggage.
6.3 The Offerer shall not be liable in respect of any loss or damage due to delay (for
whatever cause and having occurred before. during or after the transport) or to any
departure whatsoever from the agreed starting and finishing time of the Boating Trip,
except where such loss or damage is the immediate result of deliberate recklessness or
malice on the part of the Offerer.
6.4 No compensation for loss or damage whatsoever shall be due by the Offerer in respect
of any items having been brought on board by the Client or the Guest which the Offerer.
being familiar with the nature or condition of such items, would not have allowed on board
in so far as the Client or the Guest should reasonably have been aware that the Offerer
would not have allowed such items on board; in such situation the Client or the Guest
shall be liable for all cost and damage accruing to the Offerer due to the bringing on
board or having on board of such items.
6.5 In the event of the Client or Guest - being natural persons - having sustained injury,
only the Client or Guest in question shall have a claim for compensation. In the event of
the death of the Client or the Guest - being natural persons - only the surviving spouse,
children or parents of the Client or Guest in question who until then had been provided
for through the Client or Guest's work shall have a claim for compensation.
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6.6 In the event of the unavailability of the Vessel
as referred to in article 3(6) herein before not being attributable to deliberate
recklessness or malice on the part of the Offerer, no compensation shall be due by the
Offerer to the Client and/or the Guest. In all other cases any liability on the part of
the Offered shall be limited to the value of the payment having been made by the client in
the context of the Agreement.
6.7 In the event of the Offerer proving that it was culpability or negligence on the part
of the Client or the Guest which caused the damage or loss or which contributed to the
emergence or size of such damage or loss, the Offerer's liability resulting from such
damage or loss shall be proportionately reduced or waived in its entirety.Article
7 Liability on the Part of the Client
7.1 In the event of the Client and/or its Guest or their Luggage inflicting loss or damage
on the Offerer, the Client shall be under an obligation to compensate the Offerer for such
damage or loss. This shall apply both to damage to the Vessel and to damage or loss to any
items and/or persons on board the Vessel as well as to damage or loss inflicted by the
Client and/or its Guest or their Luggage to such items and/or persons as are not on board
the Vessel.
7.2 The Client hereby undertakes vis-a-vis the Offerer that it shall refrain from
invoking the Guest's possible personal liability.
Article 8 Payment
8.1 Unless it has been agreed otherwise, the food consumed by the captain and the crew
during journeys having a duration of more than one day shall be for the Client's account,
and shall therefore not be included in the Price.
8.2 Unless it has been agreed otherwise, the Price shall be exclusive of all port, bridge,
lock and pilot charges, local taxes including albeit not being limited to tourist tax, and
fuel charges. Any such charges and taxes shall be settled on board the Vessel, with
payment being made to the captain of the Vessel.
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Stad Amsterdam
