General Terms and Conditions SailIvy

1. Definitions: In these terms, the following definitions apply:
- SailIvy is a trade name of Jaap Sailing (Chamber of Commerce 90270592), a sailing school located at Amsteldijk 101c, 1074 JE Amsterdam, engaging in agreements for providing lessons or sailing trips, whether on board a vessel or not.
- Customer: A natural or legal person entering into an agreement with SailIvy, assuming the payment obligation (sometimes on behalf of other participants) for lessons or sailing trips, whether on board a vessel or not.
- Participant: The individual designated by the customer as a participant in the booking, and thus for whom the customer also enters into the agreement.
- Group: A group of natural persons receiving lessons, instruction, or a sailing trip, whether on board a vessel or not, represented by the customer who entered into the agreement.
- Vessel: An object designed to stay on and move on water, intended for sports and leisure activities, including its equipment and inventory.
- Agreement: An agreement between SailIvy and the customer, where SailIvy undertakes to provide lessons or other forms of sailing trips for payment to the customer or one or more other participants, as agreed.

2. Applicability of these Conditions:
2.1. These conditions apply to all agency agreements concluded between SailIvy and the consumer.

3. Agreement:
3.1. An agreement arises when you, as a consumer, accept SailIvy's offer. In all cases, you receive confirmation of the agreement by email, including the general terms and conditions.

3.2. Each agreement is recorded electronically.

3.3. Each booking constitutes a final booking, and there is no right of withdrawal.

4. Changes:
4.1. The customer and SailIvy agree in advance on:
- the amount the consumer must pay for course fees and any additional costs;
- whether SailIvy may change prices and, if so, under what conditions. 4.2. If SailIvy makes a price change within 3 months of concluding the agreement, the agreed price remains unchanged.

4.3. If SailIvy increases the price more than 3 months after concluding the agreement, the customer may terminate the agreement, except if the agreement specifies that the instruction will begin more than 3 months after concluding the agreement.

4.4. SailIvy can pass on changes in taxes, duties, and similar government levies to the consumer.

5. Payment Terms:
5.1. Upon booking, the course fee must be paid within 14 days of receiving the invoice and, in any case, on the course's start date.

5.2. If you have not fulfilled your financial obligations at the time specified by SailIvy, you are in default without SailIvy having to give notice.

5.3. If you are in default, SailIvy sends you one free payment reminder after the payment due date. The reminder informs you of your default and gives you 14 days to pay the invoice. The reminder also mentions the extrajudicial collection costs you owe in case of non-payment.

5.4. If you fail to pay on time, you owe the legal interest on the amount due from the date of default. After a reminder, you must also pay the extrajudicial collection costs specified in clause 5 of this article.

5.5. Extrajudicial collection costs amount to a maximum of 15% of the course fee up to € 2500; 10% on the next € 2500; 5% on the next € 5000, and 1% on the excess, with a minimum of € 40.

6. Cancellation:
If you want to cancel the agreement, you must notify SailIvy in writing or electronically as soon as possible.

6.1. The following cancellation conditions apply:
- If canceled more than 12 weeks before the course starts, cancellation costs are 15% of the invoice amount.
- If canceled more than 8 weeks before the course starts, cancellation costs are 50% of the invoice amount.
- If canceled 4 weeks before the course starts, cancellation costs are 75% of the invoice amount.
- If canceled within 4 weeks or less before the course starts, cancellation costs are 100% of the invoice amount.

6.2. All mentioned compensation amounts have a minimum of € 75.

7. Substitution:
7.1. You can request SailIvy to be replaced by another person under the following conditions:
- The other person meets all conditions applicable to the agreement.
- You submit the request no later than 7 calendar days before the course starts, or in a timely manner for SailIvy to perform necessary actions.
- SailIvy has the right to charge administrative costs for this.

8. Rights and Duties of SailIvy:
8.1. SailIvy will provide or arrange for professional instruction to the participants.

8.2. SailIvy ensures that, where applicable, the offered accommodation from which the course is given is safe and meets all requirements.

8.3. If SailIvy's equipment is used in the instruction, SailIvy guarantees that these items:
- Can be used for their intended purpose.
- Meet the safety requirements for the agreed-upon use.

8.4. If SailIvy uses its equipment for instruction, SailIvy must insure these items against legal liability, hull damage, and theft. The insurance coverage must be valid in the area where the instruction is given.

8.5. If, based on the agreement, SailIvy is obliged to provide accommodation, it does so for the agreed-upon period.

8.6. Costs directly related to the normal use of the vessel are your responsibility. This includes fuel costs, harbor, bridge, quay, lock, and mooring fees. For courses lasting between one and three days, fuel costs are covered by SailIvy.

8.7. SailIvy strongly advises against bringing valuable items. Please note the limitation of liability described in article 10, clause 3, of these terms.

8.8. SailIvy has the right to replace water-based instruction with onshore instruction if weather conditions, combined with the participants' knowledge level, make it necessary.

9. Your Rights and Duties:
9.1. If SailIvy uses an item belonging to the customer for the instruction, the customer must ensure that the item is insured against legal liability, hull damage, and theft. The insurance coverage must be valid in the area where the instruction is given. This provision does not apply if the entrepreneur and the consumer have agreed otherwise.

9.2. It is your duty to take out accident insurance, and travel insurance is recommended.

9.3. You must disclose all relevant medical information (both physical and mental) that may affect the execution of the booked services to SailIvy and the skipper. This information is confidential. In general, instructions, such as medication use, can be placed in a sealed envelope in the skipper's cabin.

9.4. If you want to use your items for the instruction, you must ensure that these items are suitable and safe for this purpose.

9.5. If necessary for the proper execution of this agreement, we may disclose your data to third parties, including the CWO and/or local authorities. If you do not wish this, you can inform us. We are not liable if the agreement, or a part of the agreement, cannot be executed or is not correctly executed due to the absence of this information.

9.6. You must at all times behave in accordance with the safety instructions, board rules, instructions, regulations, and guidelines given by SailIvy or individuals involved in the course on behalf of SailIvy. You must refrain from using and/or possessing alcoholic beverages or narcotics during or before a course. If you refuse to follow the instructions, you are solely responsible for any resulting damage.

10. Liability:
10.1. SailIvy is liable for damage directly resulting from a deficiency attributable to:
a. Himself;
b. Persons in his service; and/or
c. Persons he has appointed for the execution of the activities agreed with the consumer.

10.2. SailIvy's liability for damage and/or loss of luggage is limited to € 1,000 per participant. SailIvy is not liable for consequential damage resulting from the loss or damage of luggage.

10.3. The consumer is fully liable for damage caused by a deficiency attributable to:
a. Himself;
b. His minor children; and/or
c. The group he represents.

Article 11 – Complaints:
1. If you have complaints about the execution of the agreement, you must notify SailIvy in writing or electronically within a reasonable time. You must sufficiently describe and explain the complaints.

2. If you have complaints about an invoice, you should preferably report this complaint by electronic letter to SailIvy. You must do this within a reasonable time after receiving the relevant invoice. You must sufficiently describe and explain the complaints in your letter.

3. If you do not submit your complaint in a timely manner, this may result in the loss of your right to remedy or compensation. If it cannot reasonably be attributed to you that you did not complain in time, you retain your rights.

4. If it becomes clear that the complaint cannot be resolved through mutual consultation, a dispute arises.

5. Dutch civil law applies to a dispute.

I hope this helps! Let me know if you have any questions or if there's anything else I can do for you.