FRANLIS REDERIJ NV – General terms and sales conditions
For the avoidance of doubt, reference in this Contract to “the ride” or “activity” includes the boarding of the vessel by the CUSTOMER, the entire period of time that the CUSTOMER is on the vessel, and the CUSTOMER disembarking from the vessel.
1 Offers – Conclusion of contract
Registration and / or participation in our activities implies acceptance of our following terms and conditions.
All contracts and offers relating to services of FRANLIS REDERIJ NV are subject to these general conditions, excluding those of the client.
The contract is concluded upon payment by the customer or acceptation of the offer.
Only payment will definitively confirm the booking.
3 Services object
The services that are the subject of the contract are those described on the website or in the specific offer. All services offered in the bids of the FRANLIS REDERIJ NV include “service included”, which includes the use of protective clothing and accessories, the supervision by qualified personnel and patented monitors for related activities, and the crew during the activities at sea.
FRANLIS REDERIJ NV cannot be held responsible for variations in weather conditions or any other exceptional circumstances that would lead to the cancellation or modification of the services described in the offer.
The following circumstances are therefore particularly relevant:
- Cruises can be disrupted by port activities that prevent traffic. In this case, FRANLIS REDERIJ NV undertakes to do its utmost to adapt the cruise. If it turns out that it should be shortened by more than 50%, FRANLIS REDERIJ NV undertakes to compensate pro rata for the unrealized part;
- Cruises can be disrupted by technical incidents to boats. To the extent of its possibilities, FRANLIS REDERIJ NV will offer a replacement boat without guaranteeing the completion of the offer in its entirety. In case of serious damage, FRANLIS REDERIJ NV reserves the right to cancel a cruise. Guests will be able to use their reservation at a time of their choice within 12 months depending on availability. No additional deduction can be claimed.
Moreover, FRANLIS REDERIJ NV and its staff reserve the right to temporarily or definitively interrupt any program in which the participants or the infrastructure security cannot be guaranteed, for reasons beyond its control, or due to the inappropriate behaviour of participants who do not respect the rules of the activity, in which case, no refund can be claimed by the customer.
4 Customer delays
Any delays by the customer in relation to the estimated time of arrival in the purchase confirmation will be considered as a cancellation of the contract by the customer without possibility of refund.
Nevertheless, insofar as this is possible and without being held responsible in the opposite case, FRANLIS REDERIJ NV will try to find an alternative time slot for the customer.
5 Customer cancellation
In case of cancellation by the customer of the service more than 7 days before the scheduled time of the activity (cancellation must be notified in writing), 50% of the payment will be refunded.
Any cancellation after this period cannot be refunded.
6 Minimum occupancy rate
FRANLIS REDERIJ NV applies a minimum occupancy rate for its activity, [email protected] activity:
- Trip at sea: 6 bookings;
- Visit to the wind farms at sea: 6 bookings;
FRANLIS REDERIJ NV reserves the right to cancel, move, change or postpone the activities if the minimum occupancy rate for the above-mentioned products has not been achieved.
7 Liability and Insurance
FRANLIS REDERIJ NV is insured in operational liability. FRANLIS REDERIJ NV is therefore responsible for the quality of equipment, infrastructure and supervision.
The activities take place in a natural environment. Everyone must behave as a normally prudent and diligent person and adapt his behaviour to circumstances.
As this is a physical activity, the participants must be in good health condition and not suffer from any affection or contraindication to the exercise of this activity. Navigation on a powerful RHIB is physical and not recommended for people with back or neck problems and pregnant women. For security reasons, children under 16 must be accompanied by a responsible adult and children under 1m20 are not accepted.
FRANLIS REDERIJ NV declines all responsibility in case of accident in the framework of the non-compliance with the safety rules that are imposed or the prescriptions of the general conditions.
Among the safety rules is the necessary compliance with the instructions of the staff of FRANLIS REDERIJ NV in the context of the proposed activities.
Contractual or extra-contractual liability for the performance of the contract is in any event limited to the amount covered by the insurance cover.
7.4 LIABILITY AND WAIVER OF RESPONSIBILITY
The CUSTOMER acknowledges and agrees that the activity they are about to engage in, being [email protected], is an inherently dangerous recreational activity, and that participation in the ride carries with it inherent and obvious risks, including the risk of injury.
The CUSTOMER accepts that he/she engages in the activity of [email protected] at his/her own risk and accepts all risks associated with the ride including the possibility of injury, death or loss / damage arising from or in connection with the CUSTOMER’S participation in the ride.
The CUSTOMER acknowledges that they are contracting with FRANLIS REDERIJ NV/as with [email protected](hereafter collectively referred to as [email protected]).
The CUSTOMER understands that [email protected] is a high-speed thrill ride where [email protected] ONE chases after waves so as to become airborne, landing hard on the water, the vessel will break and turn without warning.
The CUSTOMER agrees that they have been warned by [email protected] of the risks associated with the ride, including injury, death or loss / damage arising from or in connection with the CUSTOMER’S participation in the ride.
The CUSTOMER acknowledges and agrees that, to the extent permitted by law, [email protected], its employees, contractors, sub-contractors and agents shall not be liable for any injury, death, loss or damage suffered by the CUSTOMER or by any other person arising from or in connection with the CUSTOMER’s participation in the ride, or to the CUSTOMER’s property regardless of whether such injury, death, loss or damage was caused directly or indirectly by ordinary mistakes in the course of business, act or omission of [email protected], including the negligence of [email protected] and/or the CAPTAIN of the vessel. The CUSTOMER unconditionally releases [email protected] and the CAPTAIN from any and all claims and liabilities for any injury, death, loss or damage arising from or in connection with the CUSTOMER’S participation in the ride.
All limitations, exceptions and conditions herein contained as to the liability of [email protected] shall apply also to the liability, if any, of owners, charterers, lessee, lessor of the vessel, and [email protected] employees, contractors, sub-contractors or agents (hereafter referred to as Third Parties). For the purpose of this Contract, [email protected] shall be deemed to contract on behalf of and for the benefit of all persons or companies who are or may be its Third Parties from time to time and all such persons shall to this extent be or be deemed to be parties to the Contract contained in or evidenced by this document or the ticket presented to the CUSTOMER and for the purpose of all the provisions of this Contract. [email protected] is or shall be deemed to be acting as agent or trustee on behalf of and for the benefit of all persons or companies who are or might be Third Parties from time to time and all such persons or companies shall to this extent be or be deemed to be parties to the Contract.
If the CUSTOMER suffers any injury or illness, the CUSTOMER agrees that [email protected] may provide evacuation and first-aid. The CUSTOMER’s acceptance of these terms and conditions constitutes the CUSTOMER’s consent to such evacuation and/or first-aid and being provided. All accidents, injuries, loss or damage must be reported by the CUSTOMER to [email protected] before the CUSTOMER leaves the ride.
The CUSTOMER agrees to indemnify [email protected] against any claims made by or on behalf of the CUSTOMER in respect of any injury, death, loss or damage to their person or property arising from or in connection with the CUSTOMER’s participation in the ride.
To the extent permitted by law, the CUSTOMER acknowledges and agrees that all warranties and covenants whether imported, expressed by law, and either in law, equity, under statute or otherwise, are hereby excluded.
The CUSTOMER agrees to indemnify [email protected] against all claims made by any other person against [email protected] in respect of any injury, death, loss or damage arising out of or in connection with the CUSTOMER’s failure to comply with this Contract or [email protected] rules and/or directions, including the CAPTAIN’s rules and/or directions.
7.4.12 MEDICAL CONDITIONS
The CUSTOMER agrees to disclose any pre-existing medical or other condition that may cause the CUSTOMER or any other person to suffer injury or aggravate a pre-existing medical condition during the ride. The CUSTOMER acknowledges that [email protected], its Third Parties rely on the information provided by the CUSTOMER in allowing the CUSTOMER on the ride, and the CUSTOMER guarantees and promises that all such information the CUSTOMER has provided is accurate and complete.
The CUSTOMER agrees to indemnify [email protected] against any claims made by or on behalf of the CUSTOMER in respect of any injury, death, loss or damage including in relation to the aggravation of a pre-existing condition arising from or in connection with the CUSTOMER’s participation in the ride.
7.4.13 CUSTOMER BEHAVIOUR
The CUSTOMER understands and acknowledges the dangers associated with the consumption of alcohol, drugs, medication or any mind altering substance before or during a ride, and the CUSTOMER accepts full responsibility for injury, death, loss or damage either they or another party, including [email protected], suffers, which is in any way connected with the ride and/or associated with the CUSTOMER’S consumption of alcohol, drugs, medication or any other mind altering substance either before or during the ride.
The CUSTOMER agrees to obey and comply with all rules and directions made or given by [email protected], including the CAPTAIN of the vessel in connection with the ride. If a CUSTOMER fails to comply with the representatives or CAPTAIN’s rules and/or directions, the CUSTOMER will not be permitted to ride or to continue to ride, and no refund will be given.
8 Press and media
The CUSTOMER understands while participating in this activity, he may be photographed and agrees to allow my photo, video, or film likeness to be used for any legitimate purpose by the activity holders, producers, sponsors, organizers, and assigns.
Any complaint about the quality of the services of FRANLIS REDERIJ NV must imperatively be submitted and recorded on the day of the event by the manager on site. Complaints sent after the event will be considered unverifiable and will not give rise to any reduction in price, reimbursement or commercial gesture.
10 Payment terms
The customer who wishes to obtain an invoice must specify it during the transaction. In any case, any accounting document must be requested at the latest on the day of the service and will be sent by e-mail as soon as possible.
In case of late request for the establishment of an invoice, administrative costs of €20,00 TTC may be claimed
11 Competent courts and applicable law
In case of dispute, only the courts of the district of Bruges are competent and only the Belgian law is applicable.
FRANLIS REDERIJ NV
Albert l Promenade 1
8400 Ostend – België
+32 59 70 62 94