Here you will find the General Terms and Conditions of SAIL Event Partners. Read this carefully so that you are aware of all rights and obligations regarding the SAIL arrangements.
Article 1: Definitions
(i)"General Terms and Conditions": the present General Business Terms and Conditions of Business of SAIL Event Partners C.V .;
(ii)"Event": the nautical event SAIL Amsterdam 2020;
(iii)"Guests": all natural persons attending a Part of the Event under or on the basis of an Agreement;
(iv)"Part of the Event": the part of the Event specified under the Agreement and organized by or on behalf of SEP, including arrangements for a boat trip with and / or stay on board a ship;
(v)"Agreement": an agreement between SEP and the Other Party in the context of or in connection with a part of the Event;
(vi)"SEP": SAIL Event Partners: The limited partnership Sail Event Partners C.V., with registered office and place of business at (1021 KP) Amsterdam, het Gedempt Hamerkanaal 257, registered under number 60968265 of the Dutch Chamber of Commerce (KvK) trade register
(vii) "Other Party": any natural or legal person with whom SEP enters into an agreement with regard to the participation of Counterparty and Guests in any Part of the Event.
Article 2: Applicability
2.1. These General Terms and Conditions apply to (i) all quotes and offers from SEP with regard to any Part of the Event, and (ii) any agreement between SEP and the Other Party and the obligations arising therefrom.
2.2. If any of the provisions contained in these General Terms and Conditions or in an agreement is invalid for any reason, is nullified or is not enforceable, this does not affect the validity of the remaining provisions. In such a case, SEP and the Other Party will use reasonable endeavors to replace the invalid, annulled or unenforceable provision as soon as possible with a legally valid, enforceable provision that closely approximates the content and scope of the invalid, annulled or unenforceable provision.
2.3 These conditions can have been translated from Dutch into another language. In the case of possible differences in the texts that result from this translation, the Dutch text will prevail.
Article 3: Contents and validity of the Agreement
3.1. An Agreement (including these General Terms and Conditions) displays the full content of the rights and obligations of SEP and the Other Party with regard to the Part of the Event indicated in the Agreement and supersedes all prior written and oral agreements, statements or statements made by SEP and the Other Party unless expressly stated otherwise in the relevant Agreement. Adjustments to or additions to an Agreement are only legally valid if they are drawn up in writing and signed by SEP and the Other Party.
3.2. The titles of articles, paragraphs and tables of contents in an Agreement and in these General Terms and Conditions are for convenience
only and are not intended to influence the interpretation or interpretation of the Agreement.
3.3. Appendices to an Agreement form an integral part of that Agreement unless the relevant Agreement expressly states otherwise.
Article 4: Pricing and payment conditions
4.1. All prices agreed between SEP and the Other Party are stated in Euro’s, are exclusive of VAT and must be paid in euros, unless expressly stated otherwise in the relevant Agreement.
4.2. The payment term for amounts owed by the Other Party under an Agreement is specified in the Agreement; failing this, the payment term is 14 days after the invoice date. If any payment by the Other Party of amounts owed under an Agreement does not take place within the agreed payment term, the Other Party will be in default without further notice of default being required. From that moment on, SEP is entitled to charge default interest on the outstanding amount of one (1) percent per month or the statutory commercial interest if that is higher.
4.3 Unless explicitly stated otherwise in the Agreement, the Other Party is not authorized to pay its invoiced amounts in installments, to apply unilateral discounts to the amounts it owes, or to settle the amounts it owes to SEP under the Agreement in any way. with amounts it has to claim from SEP for whatever reason.
Article 5: Obligations of the Other Party
5.1. The Other Party is obliged to fully and fully comply with all applicable laws, rules and government regulations, including any regulations of the Port of Amsterdam (Port of Amsterdam), and in particular safety regulations.
5.2. The Other Party must always fully follow the directions and instructions of SEP or persons designated by SEP at the time of the Event. The Other Party guarantees that the Guests also follow these instructions and instructions in full.
5.3 The Other Party is obliged to inform the Guests and to ensure that the Guests only carry hand luggage of a limited size (as can be further specified by SEP) on the grounds of the Event where the Guests in the context of gain access to the Agreement.
5.4. The Other Party is obliged to inform the Guests and to ensure that the Guests do not carry any prohibited means or hazardous substances (in the broadest sense of the word) on the grounds of the Event to which the Guests have access.
5.5. The Other Party is obliged to inform the Guests and to ensure that the Guests do not bring pets on the grounds of the Event to which the Guests are allowed access.
5.6. If the Other Party or the Guests acts contrary to any instruction or instruction from or on behalf of SEP or any competent authority, access to or a further stay on the grounds of the Event can be denied to the Other Party and the Guests. In such a case, SEP is also entitled to terminate the
Agreement immediately unless the shortcoming, given its special nature or limited significance, does not justify the termination.
5.7. In the event of a denial of access to the grounds of the Event or a dissolution as referred to in Article 5.6 of these General Terms and Conditions, the Other Party is not entitled to a refund of any amount already paid, nor to the remission of amounts still to be paid or otherwise reimbursed. damage or costs of any kind.
Article 6: Cancellation and change
6.1. SEP is at all times entitled to cancel or reasonably adjust the Event or a Part of the Event for reasons of force majeure, for security reasons and / or in connection with any instruction from relevant authorities (including, without restriction, the relocation of the Part of the Event to another location or time). In such a case, the Other Party does not claim a refund of amounts paid in advance or compensation for any damage or costs.
6.2. SEP reserves the right to unilaterally change the place and time of adherence to its obligations under an Agreement on nautical or safety grounds. Nautical grounds include the weather conditions, the tide and blockade of waterways.
Article 7: Suspension and termination
7.1. If the Other Party fails to fulfill any obligation under an Agreement, SEP is entitled to suspend the adherence to the relevant Agreement in whole or in part.
7.2. If the Other Party, even after a written warning containing a reasonable period for compliance, fails to fulfill any obligation under an Agreement, SEP is entitled to terminate the Agreement in question without judicial or arbitral intervention, whereby SEP can also claim reimbursement of its damages suffered.
7.3. SEP is also entitled to terminate any Agreement without judicial or arbitral intervention at the time that the Other Party is declared bankrupt or a suspension of payment is notified or in the event of the Other Party's closure and liquidation or if the Other Party or a director of The other party is declared disqualified.
Article 8: Liability
8.1. With due observance of the other provisions of this article 8 and unless expressly agreed otherwise in the Agreement, the liability of SEP towards the Other Party, for whatever reason:
(a) excluded with regard to (i) lost sales or lost profit, (ii) damage as a result of the loss or damage of property, and (iii) physical injury; and
(b) limited to the lesser amount of: (i) the total amount paid to SEP by the Other Party under the Agreement, or (ii) the amount paid out under any insurance policy of SEP with regard to the damage suffered by the Other Party.
8.2. The limitations of SEP's liability towards the Other Party under this article 8 or under an Agreement do not apply if and insofar as (a) the liability in question relates to damage caused by the intent or deliberate
recklessness of SEP itself or (b) the liability in question SEP cannot otherwise be limited under mandatory provisions of the applicable law.
8.3. Without prejudice to SEP's liability to the Other Party under the Agreement (including these General Terms and Conditions), the Other Party will indemnify SEP against claims of Guests or other third parties that are related to the participation of the Other Party or Guests in any Part of the Event.
8.4. Items that are located at the location of the Event or Parts of the Event, owned by the Other Party or the Guests, are and remain at the full expense and risk of the Other Party or the Guests.
8.5. If the Other Party and SEP have agreed that certain obligations from an Agreement will be performed by or through the owners of a ship, then SEP is not liable for damage caused by deviation from the agreed start or end time of an Arrangement or the availability of a replacement ship if the agreed ship is not available due to unforeseeable circumstances for SEP.
Article 9: Construction, dismantling and removal
9.1. Unless otherwise expressly agreed in writing between SEP and the Other Party, all work carried out by or on behalf of the Other Party in the context of the Agreement, including construction and set-up of goods, dismantling and removal thereof, takes place at the expense and risk of the Other Party.
9.2. The site of the Event or a Part of the Event is only available for work on days and times designated by SEP.
Article 10: Transferability
10.1. The Other Party is not entitled to transfer all or part of its rights or obligations under an Agreement to a third party, unless SEP has given prior written permission for this.
10.2. SEP is always authorized, without prior permission from the Other Party, to transfer its rights and obligations under a Contract to a third party or to have them exercised or fulfilled by a third party.
Article 11: Intellectual Property Rights
11.1. All intellectual property rights with respect to the Event, each Part of the Event, the materials used by SEP for any Part of the Event and / or made available to the Other Party, the brands, logos, names, indications and other signs used by SEP , the Agreement and these General Terms and Conditions, and all information, materials or other results that SEP supplies or otherwise makes available under an Agreement, belong exclusively to SEP and its licensors.
11.2. The Other Party will at all times fully respect the intellectual property rights of SEP and will not use it otherwise than necessary for participation in the Part of the Event in accordance with the provisions of the Agreement.
11.3. SEP is at all times authorized to make video and / or sound recordings of the Event and of the Other Party and Guests and to have these made public (or have them made public) to promote the Event.
Article 12: Data protection
12.1.For the purpose of this article 12, the terms "controller", "personal data" and "processing" will have the meaning as included in the General Data Protection Regulation (EU 2016/679) and the Dutch implementation thereof in the Implementation Act General Data Protection Regulation (jointly) the "Applicable Privacy Law").
12.2. Except where expressly stated otherwise in an Agreement, SEP and the Other Party acknowledge that they each qualify as controller with regard to the personal data that they process with regard to each other and the Guests in the context of the implementation of an Agreement (the "Relevant Personal Data"). ).
12.3. SEP and the Counterparty declare that they will behave when processing the Relevant Personal Data (and will ensure that every assistant they engage in it will behave) in accordance with the Applicable Privacy Law.
12.4. SEP will process the personal data in accordance with its privacy statement, the latest version of which can be found on [https://www.sail.nl/privacy-beleid/].
Article 13: Applicable law and arbitration
13.1. These general conditions and any agreement entered into by SEP is governed by Dutch law.
13.2. Any dispute between SEP and the Customer in relation to, arising from or in connection with these General Terms and Conditions or an Agreement that cannot be settled amicably, will be submitted to the competent court in Amsterdam for exclusion.