Terms and Conditions Blue Finn Charters N.V.
Article 1. General
1.1 These Terms and Conditions apply to all offers made by or on behalf of the user, hereinafter referred to as BlueFinn Charters NV (hereinafter “BFC”), against a counterparty or on any agreements made by or with BlueFinn Charters NV.
1.2 “Counterparty” means any natural person who concludes a contract with BFC and / or any natural person who uses the services offered by BFC.
Article 2. Requirements
2.1 It is expressly forbidden for a counterparty to:
- run on board the ships or otherwise to conduct dangerous and / or risky behavior;
- cause any obstacles, of any kind, for fellow passengers, BFC staff and other ships;
- bring and/or consume your own food and drink, both alcoholic and non-alcoholic;
- use excessive alcohol;
- jump from board the ships without the permission of BFC staff
- touch the rope and other equipment and parts of the ships without the permission of BFC employees;
- use of the rescue boats of the ships, unless there is an emergency;
- use or bring with you aboard the ships drugs, explosives, weapons and / or any other dangerous substances;
- play loud music without the permission of BFC employees;
- to bring and / or keep animals on board the ships.
2.2 The Counterparty shall at all times and in all circumstances follow the instructions of BFC staff fully and strictly.
2.3 BFC is entitled at any time in the breach of the above rules to deny participation of the Counterparty to the tours/activities in which case the Counterparty is in no case entitled to repayment of any amount or compensation.
Article 3. Safety
3.1 Counterparty expressly states knowledge of participation in the activities and / or sailing on the Ships involves risks including but not limited to damage to property and injury caused by wave stroke, wind (bumps), ocean currents, rainfall and / or sunburn.
3.2 By using and participating in BFC services and activities, the Counterparty explicitly accepts these risks and fully agrees that these risks will be entirely at their own expense.
3.3 Counterparty expressly declares to be able to swim and to be in good health. In case of doubt about swimming skills and / or health in participation in the activities, Counterparty will conduct prior consultation with BFC employees.
3.4 On board the ships there is a life jacket for every passenger that can be worn free of charge for the entire duration of the activities.
3.5 If Food and Beverages are included in the activities, Counterparty will inform BFC employees before consumption of any food and/or drinks about any food allergies and food intolerances and other conditions that may cause health problems. However, consuming any of the food and drinks offered by BFC – even without the knowledge or previous existence of the above-mentioned allergies, is entirely at your own risk.
Article 4. Liability
4.1 BFC shall in no event be liable for any direct and / or indirect damage and / or loss caused by the Activities or otherwise by failure, unless such damage and / or consequence is the result of deliberate or recklessly acting by BFC.
4.2 Counterparty indemnifies BFC completely for any damage suffered by third parties during the activities.
4.3 If and to the extent that BFC is liable for any other party for damage and / or damage suffered by it, this liability shall at all times be limited to an amount of [ANG 10.000].
Article 5. Cancellation
5.1 If Counterparty declines or otherwise terminates any agreement for any reason, prematurely or not, BFC shall in no case be held for repayment by any Counterparty or by a third party for the benefit of any Counterparty, unless parties otherwise agree. In addition, BFC is entitled to full payment under the (terminated) agreement between her and the Counterparty.
5.2 In case of a no show, there will be no refund unless parties have agreed otherwise.
Article 6 Other
6.1 Deviations from these terms must be in writing before this substitute any articles in these terms.
6.2 Under these terms, the agreement with the counterparty, all (other) BFC services and all disputes arising between the Counterparty and BFC, the law of Curacao applies. In all cases, the Court of Curaçao is exclusively competent to take note of these disputes.