Article 1 Definitions
In these general terms and conditions and the related travel agreement the following definitions shall apply:
a) Provider: “Captain Cook”.
b) Traveler: any (legal) person that closes a travel agreement with the provider.
c) (Co)Traveler: any person who has been notified by the traveler to use the services of the provider in the travel
agreement.
d) Travel agreement: the agreement between the provider and the traveler is established, and any amendment or
supplement thereto, whereby the provider agrees to the passenger to provide an accommodation on board the ship on
which a specified sail will be made and to which these general conditions apply.
e) Travel period: the whole trip, including a stay aboard the ship during the period specified in the travel agreement. The
days of embarkation and disembarkation are counted as whole days. The journey to and from the departure/arrival
marina/harbour are not included in the sailing. These must be booked separately.
f) Agreed price (Sum): price for sailing and other services, as defined in the travel agreement.
g) Ship: The sailing yacht ‘ Simmertime’, type Beneteau Oceanis 46, to which the sail, as specified in the travel agreement,
will take place.
h) Skipper: acts as the responsible representative for the provider and as commander of the ship.
Article 2 Applicability
2.1. These general terms and conditions apply to the provider and the traveler who closed the travel agreement and gives
the mutual rights and liabilities.
2.2. Individual deviations from these general terms and conditions apply only if agreed in writing added to the travel
agreement. The set in the travel agreement, possibly with established written additions / changes confirmed by provider, is
decisive.
2.3. The travel agreement is concluded by acceptance of the traveler of the supply of the service provider by signing the
travel agreement.
2.4. The traveler who on behalf of fellow travelers is entering into the travel agreement, is jointly and severally liable for all
obligations arising from the agreement.
2.5. The traveler is obliged to inform the the provider about all relevant personal circumstances that may affect the travel
version ( illness / disability and others) know at the moment of booking. This requirement applies even if the traveler on
behalf of a fellow traveler enters into an agreement.
Article 3 Delivery Provider
3.1. The provider carries the passenger and his luggage by his ship on the itinerary for the travel period as specified in the
travel agreement, subject to what is stated in these general terms and conditions.
3.2. The provider ensures that the ship is at the start of the travel season in good condition, adequately equipped with
safety equipment and supplies.
3.3. The skipper is qualified to make the trip and has secured through a liability.
Article 4 Obligations of travelers
4.1. The traveler is obliged to strictly comply to all the safety rules aboard the ship and follow the instructions of the skipper
and the precepts aboard.
4.2. By signing the travel agreement, the (co)traveler guarantees that he not brings on board/uses prohibited
goods/resources. The provider is entitled to convince the nature or the condition of the luggage if they suspect foul.
4.3. The traveler guarantees that he/she has a valid passport and/or has in his/her possession the necessary documents to
go on board at the port of departure and return. The traveler must inform themselves about the necessary documents and
submit to request and pay for themselves for these documents.
4.4. The traveler confirms the conclusion of the travel agreement that his health is such that he/she can accomplish the
voyage without any health risks. A traveler who has a medical condition and / or medications, should inform the provider
and make a notification in the travel agreement.
4.5. Upon failure or breach of an obligation by the traveler, is the provider entitled to terminate the travel agreement at
any time and empowered to refuse one or more travelers further access to the ship. In that case, the traveler is not entitled
to reimbursement of ( part of) the fare. The provider is owed no damages in this case.
4.6. The traveler who does not fulfill an obligation is liable for any damage arising therefrom for the provider.
Article 5 Payment
5.1. The traveler has to pay 50 % of the agreed total price of the travel agreement within two weeks of receipt of the
invoice to bank account in the name of Captain Cook Tours s.l.u. IBAN: ES55 2100 0345 9602 0047 1298. For credit card payments there is a
4% surcharge. The full amount must be credited to this account two months before the travel period.
5.2. In the event of late payment, the passenger is in default without notice.
From the moment when the traveler is in default until the date of full payment, the traveler default interest of 1 % on the
amount due per month or part thereof, without prejudice to the right of the provider to full compensation.
5.3. If the fare before departure are not met, the provider reserves the right to deny (co)travelers access to the ship/ The
provider accepts no liability for any damage thereby caused traveler.
5.4. All costs of collecting the amount owed by the traveler, both judicial and extrajudicial costs shall be borne by the
traveler.
Article 6 Amendment Agreement
6.1. The provider is authorized to change the travel agreement in urgent cases. The reason for the change will be
communicated to the traveler on the spot or beforehand in writing. The provider decides whether a possible alternative /
solution is feasible and can reasonably be performed by it.
6.2. Up to 20 days before the travel period, the provider has the right to increase the fare change if the cost of running the
trip changes due to unforeseen circumstances. The passenger, in case the fare is at least 10% higher, within seven days of
receipt of the notification the right to cancel the travel agreement.
6.3. The provider determines whether, given the (expected) weather conditions or unforeseen circumstances it is justified
to sail.
6.4. If the itinerary or travel time changes due to (expected) weather conditions or unforeseen circumstances, then damage
to the passenger that results is not borne by the provider. The traveler must be taken into account when booking his
transportation from the port of departure.
Article 7 Liability
7.1. The provider is responsible for the proper performance of the obligations arising from the travel agreement.
7.2. The provider has a liability insurance and her ship has an all-risk insurance. She is – as far as the limited – liability
insurance covers liable for bodily injury to the passenger (s).
7.3. The provider is not liable for theft and / or loss of property of the travelers. The travelers are advised to close s travel
and cancellation insurance.
7.4. The (co)traveler is liable for damages by her or his luggage caused to the ship, the furniture, the crew and fellow
travelers, and must compensate. This also applies to damage caused to property and / or persons who are not on the ship,
but appeal to the provider for compensation of damages.
7.5. The provider is not liable for damage caused by delay ( from any cause whatsoever arising before, during or after
transport has occurred) or deviations from the agreed starting and ending time.
7.6. The traveler is responsible for damage caused in case the provider has to change the travel schedule by a circumstance
attributable to the passenger.
Article 8 Cancellation
8.1. If the passenger wishes to cancel the travel contract, he shall immediately, by email, inform the provider. Thereof the
date of receipt of this email is confirmed as the date of cancellation.
8.2. The cancellation fees are set by the provider :
• 50 % of the fare, for cancellation up to six months before the travel period ;
• 75 % of the fare for cancellation up to three months before the start of the travel period ;
• 90 % of the fare for cancellation up to one month before the travel period ;
• The full amount if canceled one month before the start of the travel period.
8.3. The traveler who cancels a trip may ask the provider or a third party in its place the booked trip may make. The
provider is free in its assessment of whether the third party is acceptable to her. If that is the case, the traveler a
cancellation more than 10 % of the total sum due. If the cancellation is only true for some of the participants over the
remaining travelers can find normal to the trip.
Article 9 Non-delivery
9.1. If the provider in the case of force majeure the vessel cannot be made available on the agreed date and place of the
travel contract or cannot provide due to unforeseen circumstances during the travel period, both the traveler and the
provider is authorized to cancel the travel agreement.
9.2. After a valid cancellation by the traveler on these grounds Captain Cook, will refund the already or not yet enjoyed
parts of the paid amount to the passenger, minus any extra costs incurred for the closest, most appropriate port within
reach for safe and smooth disembarkation of (co) travelers.
9.3. The provider will inform the traveler to the force majeure as soon as possible and is not obliged to pay any
compensation.
9.4. The provider is not liable for any consequential damages for the traveler in connection with the unavailability of the
ship.
Article 10 Complaints
10.1. The traveler should always report his/her complaints immediately to the skipper, so an appropriate solution can be
found.
Article 11 Signature
11.1. By signing the travel agreement, the traveler agrees with Terms and Conditions and the rules which apply on board.
Article 12 Disputes
12.1. Disputes relating to this agreement is governed by Dutch law.
12.2. Only a Dutch court is competent to judge on disputes.