General Terms and Conditions – At the Helm
Article 1. Definitions
In these General Terms and Conditions, the following definitions apply:
- The Provider: At the Helm, trading under the name Prem Deep Boel, Chamber of Commerce registration number 76489000.
- The Customer: Any natural or legal person entitled to enter into one or more agreements with the Provider under these Terms and Conditions.
- The Agreement: Any agreement between the Provider and the Customer governed by these Terms and Conditions.
- The Guest: Any third party admitted on board the vessel by the Provider under an Agreement concluded by the Customer.
- The Sailing Experience: The entire sailing trip, including accommodation on board the vessel during the period specified in the Agreement.
- Luggage: Personal luggage that a Customer and/or Guest can reasonably carry on board in one trip.
- The Vessel: The sailing catamaran Yemaya.
- The Price: The price specified in the Agreement.
- The Skipper: Prem Deep Boel.
- Force Majeure: Unforeseen circumstances preventing the Sailing Experience from taking place due to events beyond the reasonable control of either party. Examples include war, prolonged interruption of water or energy supplies, fire, natural disasters, storms making departure unsafe, or the unavailability of Yemaya due to damage or technical failure.
Article 2. Applicability
These Terms and Conditions apply to:
- All Agreements concluded between the Provider and the Customer relating to one-day or multi-day Sailing Experiences.
- The relationship between the Provider and any Guest. The Customer indemnifies the Provider against any claims made by Guests or any other third parties.
These Terms and Conditions also apply for the benefit of all natural persons and legal entities engaged by the Provider in the conclusion or performance of the Agreement.
These Terms and Conditions apply exclusively and expressly exclude all other terms and conditions unless otherwise agreed in writing.
Any amendments or additions to these Terms and Conditions must be made in writing.
Article 3. Offers and Quotations
General offers made by the Provider, including brochures, advertisements and website information, are non-binding and may be withdrawn if necessary. Any withdrawal shall take place as soon as possible and no later than two business days after acceptance by the Customer.
Individual offers for a Sailing Experience are provided electronically and include the date of issue. The offer clearly states whether it is binding or non-binding and specifies its period of validity.
The offer includes:
- the total price and payment deadline;
- the method of payment;
- the place, date and time of embarkation and disembarkation;
- the intended sailing route, to be determined in consultation with the Customer;
- confirmation that these General Terms and Conditions apply, including a link to them.
Any sailing route and destination mentioned in the offer are indicative only.
Article 4. The Agreement
The Agreement is concluded when the Customer accepts the Provider’s offer. After the Agreement has been concluded, the Provider will send the Customer an electronic confirmation.
By accepting the offer, the Customer unconditionally accepts these General Terms and Conditions.
For safety reasons, the Customer and all Guests must follow the instructions and directions of the Skipper at all times during the Sailing Experience.
The Provider shall perform the Sailing Experience to the best of its knowledge and ability and in accordance with accepted standards of professional practice.
For nautical or safety reasons, the Provider or Skipper may alter the Sailing Experience. This includes changing the departure location or deciding not to sail at all. Nautical reasons include, but are not limited to, weather conditions, wind, tides, blocked waterways and the condition of the vessel. Such decisions will always be discussed with the Customer and Guests.
Customers and Guests are not permitted to bring on board any materials or objects that may endanger the health, well-being or safety of themselves or others. This includes, but is not limited to, hazardous substances, explosives, radioactive or toxic materials, smuggled goods, weapons, ammunition and illegal drugs.
Article 5. Payment
Payment for the Sailing Experience is due immediately upon booking and, in any event, within the payment period stated on the invoice.
If the Customer fails to pay after receiving a reminder, this shall be regarded as a cancellation, and the cancellation policy set out in Article 6 shall apply.
Article 6. Cancellation
If the Customer wishes to cancel the Agreement, the Provider must be informed by email as soon as possible.
In the event of cancellation, the following refund policy applies:
- Cancellation up to 4 weeks before departure: 85% refund
- Cancellation up to 1 week before departure: 50% refund
- Cancellation up to 48 hours before departure: 25% refund
- Cancellation within 48 hours before departure or no-show: no refund
Article 7. Force Majeure
In the event of Force Majeure, the parties shall first consult each other to determine whether the Sailing Experience can be rescheduled to another date.
If rescheduling is not reasonably possible, the Agreement shall be terminated and the Customer shall be entitled to a refund of the Price.
If the Agreement is terminated for reasons other than damage to the vessel, any reasonable expenses already incurred by the Provider for provisions, including meals, drinks and similar items, may be deducted from the refund.
Article 8. Liability
The Provider is responsible for ensuring that the vessel Yemaya is seaworthy, safe and properly maintained.
Participation in the Sailing Experience is entirely at the Customer’s and Guests’ own risk.
The Provider shall not be liable for any loss, damage or injury suffered by the Customer, Guests or their property. This exclusion of liability does not apply to consumers where the damage results from intentional misconduct or gross negligence on the part of the Provider.
The Provider strongly recommends that Customers and Guests obtain appropriate accident and cancellation insurance.
The Provider shall not be liable for any damage caused by the Customer or Guests to third parties during the Sailing Experience.
Article 9. Privacy
The Provider’s Privacy Policy applies to all Agreements and services and is available on our website:
Article 10. Governing Law and Jurisdiction
These Terms and Conditions and all Agreements are governed exclusively by the laws of the Netherlands.
Any disputes arising from or relating to the Agreement shall be submitted exclusively to the competent Dutch courts.