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Plastic Whale: General terms and conditions
The general terms and conditions of Plastic Whale B.V. are applicable to (i) all legal entities of Plastic Whale, namely: Stichting Plastic Whale, Plastic Whale The Fishing Company B.V. and Plastic Whale Circular Furniture B.V. (ii) all (commercial) relationships between Plastic Whale and its clients, prospects, members and business partners.
Article 1: Definitions
- Activities: every activity offered by Plastic Whale, including but not limited to boat trips with and without crew, plastic fishing events and trips within and outside Amsterdam and Rotterdam, lectures, workshops, events and customized packages;
- Client: any party, whether or not in a professional context, that commissions Plastic Whale to conduct the Activities as described in the Quote;
- Quote/ Offer: document written by or on behalf of Plastic Whale which describes the Activities to be conducted by Plastic Whale on the instruction of the Client, and states the price of these Activities;
- Participant(s): any person, paying or non-paying, who participates in the Activities or any person on board the Boats at the invitation of, on account of or on behalf of the Client;
- Boats: all boats owned by Plastic Whale B.V. and all boats hired by or on behalf of Plastic Whale B.V., including but not limited to the boats of sloepdelen.nl and Mokum boats;
- Skipper: person with ultimate responsibility during Activities on the Boats of Plastic Whale;
- Contract: the Contract for the Activity/ service.
Article 2: Applicability
- These general terms and conditions are applicable to every Offer, Quote and Contract established between Plastic Whale and the Client, unless these terms and conditions have been explicitly departed from in writing by the parties;
- These general terms and conditions are also applicable when Plastic Whale engages third parties in the execution of the Contract;
- Without express written permission from Plastic Whale, no other general terms and conditions shall apply; any applicability of the terms and conditions of the Client is expressly rejected.
Article 3: Offers and Quotes
- All Offers and Quotes issued by Plastic Whale are free from obligation, unless explicitly agreed otherwise by the parties;
- The validity period of the Offers and Quotes is stated in the Offers and Quotes; the Quote is valid for 14 days; Plastic Whale is entitled to revoke Offers and Quotes that have not been accepted within the stipulated validity period;
- A Contract is established when the Client accepts the Offer or Quote in writing, in its entirety and without modifications, within the stated validity period;
- The prices stated in the Offers and Quotes are inclusive of entertainment tax and exclusive of VAT and the costs of third parties, where applicable;
- Plastic Whale is entitled to increase its prices unilaterally, if external factors give cause to do so and with due regard for the principles of reasonableness and fairness.
Article 4: Execution of the Contract
- Plastic Whale shall at all times endeavour to execute the Contract;
- In the provision of the Activities, the Skipper appointed by Plastic Whale shall be the only person in charge;
- The Skipper is entitled to give instructions to every Participant and every other person on board one of the Plastic Whale Boats; every Participant and every other person on board must adhere to these instructions;
- The Client has a duty to inform the Participants that they must – unconditionally – listen to and act on the instructions of the Skipper;
- Participants on board the Plastic Whale Boats who do not have a swimming diploma, plus all Participants aged 10 years of younger, must wear a life jacket. The Client must inform Plastic Whale in advance of the number of Participants for whom the wearing of a life jacket is mandatory. Plastic Whale shall provide the life jackets, in consultation with the Client;
- The Skipper is entitled, without refunding any sums paid by the Client, to interrupt the trip/ route if a hazardous situation occurs, if any person on board does not listen to the instructions of the Skipper or for safety reasons;
- The Client must ensure that the Participants are present at the agreed location no less than 15 minutes before the start of the Activities;
- The Skipper reserves the right to shorten the Activities if the Client and/ or the Participants do not arrive at the agreed location on time;
- The Client shall ensure that neither he/ she nor the Participants throw waste in the water or leave waste behind on the Boats;
- The Client shall ensure that he/ she and the Participants only fish up plastic and other non-biodegradable waste that fits within a fishing net, and no other items that may be located in or on the water;
- The playing of (loud) music, whether or not through electronic equipment, is not permitted, except with express permission from the Skipper;
- Without the agreement of/ consultation with Plastic Whale, the Client and/ or Participant(s) are not permitted to bring or to consume (alcoholic) drinks and/ or snacks on board the Boats; if this is permitted, Plastic Whale requests the Client to minimize the use of single-use plastics on board wherever possible;
- If agreed in the Quote, Plastic Whale shall provide (alcoholic) drinks, catering, lunch, dinner etc.;
- If a Participant and/ or any other person on board the Boat is under the influence of alcohol to such a degree that hazardous situations or disturbance might be caused, the Skipper reserves the right to discontinue the Activities immediately, without the right to refund;
- If a Participant and/ or any other person on board the Boat commits vandalism, causes a disturbance, urinates in public or uses offensive language towards onlookers etc, the Skipper reserves the right to discontinue the Activities immediately, without the right to refund;
- If the Boats are not returned to the location and at the time agreed in the Contract, for reason(s) attributable to the Participant(s), Plastic Whale shall charge the Client for this additional time.
Article 5: Changes to the Contract
- If, during the provision of the Activities, it becomes apparent that the Activities need to be modified or if the Client only wishes to purchase some of the agreed Activities, Plastic Whale and the Client shall consult with one another, without the right to refund;
- The times indicated by Plastic Whale are approximate and should not be viewed as a strict deadline in exceptional situations, including but not limited to, a collision or technical malfunctions, in order that Plastic Whale does not fail in the fulfilment of its contractual obligations if, for any reason, the Activities commence later than agreed;
- The Activities will always proceed, also in bad weather. If the Client still wishes to cancel on the basis of the weather conditions, while there are no safety risks for the Participant(s) (see the following article), this shall count as a cancellation and the Client shall be obliged to pay the invoice in full;
- If the weather conditions are severe: higher than wind speed 5 on the Beaufort scale in combination with/ or thunder and lightning, the Client and Plastic Whale shall be entitled to move the Activities to another date, without the Client being entitled to a refund for the sums already paid.
Article 6: Payment
- The invoice must be paid in full within 14 days of receipt of the invoice on the basis of the price agreed in the Quote. If the Activities take place within seven days of receipt of the Contract, the full amount must be paid immediately;
- After confirming agreement by e-mail or after signing the Quote, the Client shall receive an invoice for 50% of the Quote price, which must be paid within 14 days of the date of agreement. The remaining 50% of the Quote price, together with any extra products or services purchased, shall be invoiced after the event;
- The Client is obliged to pay all amounts invoiced by Plastic Whale, without deduction or offsetting;
- Complaints relating to the execution of the Contract and/ or Activities shall not affect the Client’s payment obligation and the Client cannot suspend his/ her obligations as a consequence of these complaints;
- After 14 days following receipt of the invoice, the Client shall owe the statutory commercial interest on the outstanding amount;
- Plastic Whale is entitled to request advanced payment;
- If Plastic Whale has to take debt recovery measures, the extra-judicial costs shall constitute 15% of the principle sum, with a minimum of € 100, without prejudicing the right of Plastic Whale to claim its actual costs;
- If the invoice/ Quote is not settled on time in accordance with the provisions of this article or with the content of the Quote, Plastic Whale reserves the right not to proceed with the Activities until the invoice/ Quote has been paid in full by the Client.
Article 7: Cancellation
- The Client can cancel the Activity, whether it is paid or unpaid, by sending written notification of cancellation (by e-mail). The Client shall, however, owe the following percentage of the Quote price if the cancellation takes place:
- > 30 days before the Activities: 0%
- > 30 – 14 days before the Activities: 25% of the total invoice
- > 14 – 7 days before the Activities: 50% of the total invoice
- < 7 days before the Activities: 100% of the invoice
- For Activities provided by Stichting Plastic Whale, paid or unpaid, skipper costs will be charged for cancellations made less than seven days before the Activity;
- Departure from the foregoing can only occur via express written notification from Plastic Whale;
- For groups of more than 50 Participants, the definitive number of Participants in the Activity can be changed, in writing, up until 14 days before the plastic fishing event, at the latest. The number of Participants may be modified within a margin of 20% of the confirmed number of Participants stated in the signed Quote. If the definitive number of Participants is reduced by more than 20% or is communicated less than 14 days before the Activity, this will be treated as a cancellation (see article 7.1);
- For groups of less than 50 Participants, the definitive number of Participants in the Activity can be changed, in writing, up until seven days before the plastic fishing event, at the latest. The number of Participants may be modified within a margin of 20% of the confirmed number of Participants stated in the signed Quote. If the definitive number of Participants is reduced by more than 20% or is communicated less than seven days before the Activity, this will be treated as a cancellation (see article 7.1).
Article 8: Liability and Force Majeure
- Plastic Whale can in no way be held liable for any damage arising from a failure in its execution of the Contract when:
- the failure is attributable to the Client or the Participants;
- the failure could not have been foreseen;
- the failure is attributable to a third party;
- the failure is a consequence of force majeure.
- Plastic Whale cannot be held liable for personal injury, death or (consequential) damage on the part of the Client or the Participants or any other person on board one of the Boats, regardless of the cause, prior to or during Activities, without prejudice to the liability of Plastic Whale in the event of intent or deliberate recklessness on the part of Plastic Whale itself;
- The Participants and all persons on board one of the Plastic Whale Boats participate entirely at their own expense and at their own risk;
- The Client undertakes to inform the Participants of the content of articles 8.2, 8.3 and 8.7, in advance of Activity;
- The Client indemnifies Plastic Whale against all possible claims by Participants and other persons on board one of the Plastic Whale Boats on the grounds of immaterial damage;
- Plastic Whale cannot be held liable for damage to property, such as clothing, caused by the use of the campaign equipment present on the Boat, or for damage to property during the Activities or when stepping on and off the Boat;
- Any liability of Plastic Whale shall in any case be limited to the amount paid out by its liability insurance company in such a case, less the excess (deductible).
Article 9: Lectures by Plastic Whale
- If Plastic Whale delivers a lecture or talk, the VAT rate charged shall be 21%;
- If Plastic Whale incurs travel expenses, these will be charged at € 0.25 per kilometre excluding VAT;
- If a lecture or talk is cancelled by the Client less than seven days prior to the planned and accepted date, the Client shall be invoiced for 50% of the Quote price;
- If a lecture or talk is cancelled by Plastic Whale less than seven days prior to the planned and accepted date, Plastic Whale shall consult with the Client and another date arranged or cancellation free of charge agreed, at the discretion of the Client;
- Plastic Whale cannot be held liable for any (consequential) damage on the part of the Client if Plastic Whale, through no fault of its own, is not present at the agreed location on time, or if the choice of topic or the duration of the lecture/ talk does not correspond to the wishes of the Client;
- All copyrights relating to the lectures/ talks belong to and shall remain with Plastic Whale.
Article 10 Applicable law and jurisdiction
10.1. All Contracts between Plastic Whale and the Client are governed by Dutch law; all disputes shall be brought before the competent court of Amsterdam.