Terms
Filed with the District Court of Amsterdam under number 60/2017 dated August 29th 2017.
1. General
These general conditions apply to all offers of Oceandiva B.V. (hereinafter also called: “Oceandiva”, “we”, “us”, “our”), to all contacts with Oceandiva and to all orders that are given to Oceandiva within the framework of (organization in the widest sense of) events.
2. Offers/agreements
All Oceandiva’s offers are always without engagement. The prices in an offer will be valid as long as stated in this offer and are only valid for the relevant offer. Price increases in raw materials, wage costs, excise duties, rents occurring after an offer, and also calculating errors made therein may subsequently be passed on or corrected by Oceandiva in amended form. Any order by a client to Oceandiva will (only) bind Oceandiva and there will (only) be an order as soon as a written reservation drawn up by Oceandiva and signed by the client (also called: the “final reservation”) is in Oceandiva’s possession, in which connection only Oceandiva may also regard a different unequivocal message from the client (for instance sent by email) as a final reservation. That final reservation will also mention the total order amount, split into ship using costs, related costs, catering costs and technology. If that total order amount has not been offered yet or not has been agreed yet, the total contract will afterwards be concluded as soon as possible, whose amount will have to be at least €25,000.00 ex VAT.
3. Turnover tax
All our prices and cost estimates exclude turnover tax. The relevant rates are determined anew by national authorities from time to time and may therefore vary in time; the then applicable rate will be charged by Oceandiva.
4. Image and music rights
All our offers and arrangements exclude any image and music right transfers. Unless something else has been agreed in writing, the client himself will be responsible for the transfer of such image and music rights.
5. Adjustments, costs passed on
If after final reservation the client wants to adjust, add or have others rearrange any program component of the agreed event, the extra costs following therefrom not included in the reservation or offer or total contract will be passed on to and have to be paid by the client. Such adjustments will only be binding if and in so far as they have been agreed in writing.
6. Catering costs
Catering costs will be stated in our offers etc. excluding the turnover tax that cannot be set off legally (for end users). The turnover tax will be specified on the final invoice in accordance with high and low rates. Unless something else has been agreed explicitly in writing, the catering costs will be offered and invoiced on the basis of buy-out.
7. Terms of payment
Following the final booking of a date, the client is required to make advance payments. To cover these amounts, Oceandiva strongly advises the client to take out event insurance at all times.
1st instalment: Immediately after the final booking, the client will receive an invoice from Oceandiva for 50% of the total contract amount (for multi-day events, the first day of the event is considered the start). This amount must be paid within 10 calendar days of the invoice date.
2nd instalment: Three months prior to the event, the client will receive an invoice from Oceandiva for 25% of the total contract amount (again, for multi-day events, the first day is considered the start). This amount must be paid within 10 calendar days of the invoice date.
3rd instalment: One month prior to the event, the client will receive an invoice from Oceandiva for 25% of the total contract amount (with the same condition for multi-day events). This amount must be paid within 10 calendar days of the invoice date.
4th instalment: This applies only if additional costs are incurred after the third instalment invoice. Within three weeks following the event, the client will receive a final invoice from Oceandiva for the outstanding balance, including a VAT specification. Payment of this final invoice must be made within 10 calendar days of the invoice date.
If the final invoice is not paid within the agreed timeframe, interest of 1 (one) percent per month will be charged on the invoice amount for each month the payment is overdue. Even if the invoice is paid during the overdue period, interest for the full period will still apply and must be paid.
Note: If this invoice is not paid in full on time or if a requested bank guarantee is not provided, Oceandiva is not obliged to carry out the assignment. In that case, the client has no right to compensation for any damage whatsoever, nor to any payment from us on any grounds. The client will, however, be liable for any damages incurred by us, which shall be no less than the amount of the outstanding invoice. Oceandiva is under no obligation to notify the client of the cancellation of the reservation due to non-payment or failure to provide a bank guarantee.
8. Guarantee of number of guests for catering
The number of guests mentioned in the final reservation or in the total contract will be the guaranteed number for the relevant event for Oceandiva.
Changes in the guaranteed number will be possible, without limitation or financial consequences, until 1 month before the date of the event.
From 1 month before the event until 7 calendar days before the date of the event changes in the guaranteed number will be possible; in that period the following will apply. Any change of more than 10% in the number of guests will be impossible. If within that margin of 10% the number of guests in that period is lowered in comparison with the guaranteed number, the client will continue to owe the consideration based on the guaranteed number. If within that margin of 10% the number of guests in that period is raised in comparison with the guaranteed number, Oceandiva will do its utmost to adapt the numbers to the desired number; it does not have an obligation to guarantee a certain result in that connection but only an obligation to perform to the best of its ability. The adjusted number will then be binding for the composition of the invoice.
And then concerning the period of less than 7 calendar days before the event; in that period any change in the number of guests, irrespective of magnitude, will no longer be possible.
9. Extra costs
On Sundays and public holidays there will be a surcharge of 50% per employee per hour; on special days such as for instance New Year’s Eve and Christmas, surcharges may also be made.
10. Loss, damage and other complaints
Any remarks and comments on the event must be made known to the captain or the relevant hospitality manager during the event or immediately at its end. Remarks and comments that are made known later will have no effect. The client must adhere to instructions and remarks of Oceandiva’s personnel and leave the space(s) in the same state as that in which they were found. If goods rented from third parties, made available by Oceandiva or by its suppliers are lost or damaged, the client must pay the amount involved in the replacement of the relevant goods to Oceandiva or the relevant supplier, unless it is a question of willfulness or gross negligence on the part of Oceandiva or of the relevant supplier. The client indemnifies Oceandiva against claims of third parties with regard to damage on that ground. Oceandiva is not liable for damage of the client or of his employees or to his/their goods and the client guarantees that he is adequately insured against any such claim and indemnifies Oceandiva against that. Any damage of Oceandiva that arises as a result of transgression, by the client or third parties engaged by the client, of any part of the matters agreed, will be for the client’s account. The client guarantees that no sound nuisance will be caused externally (in excess of the permit) at the time of the event, unless written permission has been granted by Oceandiva beforehand for the purpose. The client indemnifies Oceandiva against any claim on the strength of the Dutch Sequential Liability Act, and the client guarantees that he is fulfilling all his legal obligations in the matter. Subject to prior written permission by Oceandiva the client will not make alterations in the interior design of the ship on which the event occurs. Therefore it will not be permitted to use nails or drills in floors, ceilings, walls or columns and the like. In the spaces let and/or surrendered for use nothing may be posted or attached, in any manner whatsoever, unless Oceandiva has given written permission for the purpose and it has approved the fastening material to be used beforehand. It is not permitted to fly balloons and to scatter rice and/or confetti, unless Oceandiva has given written permission for the purpose beforehand. Oceandiva is entitled to see to repair of damage discovered by it to walls, floors and the like in the hired space(s) and to the goods present therein, at the client’s expense, in so far as the damage has arisen at the time of the use of the relevant space(s) by the client or is directly related thereto.
The use of open fire, gas cylinders and smoke effects is strictly forbidden in any ship of Oceandiva. For the use of candles, fireworks and the like prior consultation must be held with Oceandiva beforehand. The client must always adhere to the regulations laid down by the fire department. In the event of transgression of the fire regulations, the client will be obliged to compensate any damage caused. At the latest three weeks before the event the client must submit a detailed plan (preferably ground plan) to Oceandiva for approval. If the client wishes to erect a temporary structure, such as for instance a tent, the client must adhere to the applicable building regulations and hand Oceandiva a construction book, at the latest 3 weeks before the event. If conditions are imposed on the strength of the fire regulations, the costs to be made consequently will be for the client’s account. All materials to be used must have been impregnated according to a certificate; testing will always be in accordance with fire safety standard: NEN/ISO 6941 (or 6065/1722 standard), fire class 2. Before and during an event those measures must be taken by the client that are necessary with a view to observance of these general conditions. The client must adhere to the maximum number of guests permitted by Oceandiva. All this depends on the nature of the activity and will be explained by Oceandiva for each case in more detail.
11. Product liability
Within the framework of HACCP legislation Oceandiva is liable for the food safety of it products. If, however, products are used outside the field of vision/sphere of control of Oceandiva, for instance if the client himself obtains products from suppliers of such products or Oceandiva delivers products to the client without further guidance or the client orders Oceandiva to provide the client with particular products specified by the client or to use particular products specified by the client at the event, Oceandiva will bear no products liability.
12. Cancellation of Final Reservation
The client is entitled to cancel a final reservation by providing Oceandiva with written notice. In such cases, the client is liable to make the following payments to Oceandiva:
If cancelled up to 12 months before the event: €20,000 excluding VAT per hire day;
If cancelled up to 6 months before the event: 25% of the total contract amount, with a minimum of €40,000 excluding VAT per hire day;
If cancelled up to 3 months before the event: 50% of the total contract amount, with a minimum of €40,000 excluding VAT per hire day;
If cancelled up to 1 month before the event: 75% of the total contract amount, with a minimum of €40,000 excluding VAT per hire day;
If cancelled within 1 month before the event: 100% of the total contract amount, with a minimum of €40,000 excluding VAT per hire day.
Oceandiva is entitled to offset any amounts owed by the client under this clause against any advance payments made by the client.
13. Permit
If external permits are necessary for the execution of an event, the client is responsible for obtaining these permits, unless something else has been agreed in writing.
14. Force majeure
If demonstrably a matter of force majeure arises Oceandiva may, after having given notice to the client, cancel or suspend the performance of its work in full or in part, without Oceandiva as a result becoming liable for damages. Situations of force majeure will in any case be:
Government provisions and requests and notifications;
Riots;
Strikes;
Interruptions in the supply of goods to be delivered by third parties, and also in water and power supplies;
The breakdown of installations that are necessary for the performance of the agreement;
Fire or accidents;
Blocking of bridges and/or locks or relevant weather conditions complicating the event (such as fog, wind force, floating ice, etc.) in which case the captain on the ship of Oceandiva active at that time will be entitled to change the itinerary or end the event.
15. Secrecy
The management board of Oceandiva and its employees will treat all confidential data supplied by the client as such and in strict secrecy. Arrangements, prices, rates and services that are part of the order to Oceandiva by the client are strictly confidential.
16. Copyright
Oceandiva is entitled to the copyright on its offers, drafts and contents of its website and its design. Nothing from our offers and contract and/or from our website may be used or multiplied or made public in any form in any way, either electronically, mechanically or by photocopies, without Oceandiva’s prior written permission for that specific medium to be submitted beforehand. The client will indemnify us against any claim of any third party concerning the client’s use, in spite of the preceding sentence, of what is lawfully due to Oceandiva. The ultimate production and performance of our offers, agreements and drafts as a whole or in separate parts thereof is reserved for Oceandiva.
17. Publicity
In any form of publicity by the client in which a ship of Oceandiva is involved, the client must make use of the name, and, if possible, the logo of Oceandiva and it must be stated clearly which place of embarkation is used. Any form of publicity requires Oceandiva’s prior written permission for that specific medium to be submitted beforehand. The application of publicity media to/on any ship of Oceandiva is bound by conditions. In all cases the client must have received prior written permission from Oceandiva for that specific medium to be submitted beforehand. The client will not be permitted to distribute or have others distribute advertising and/or folder material in any ship of Oceandiva otherwise than after Oceandiva’s prior written permission for that specific medium to be submitted beforehand.
18. Film/TV recordings
The client will not be permitted to (have others) make video, film, TV and other recordings on any ship of Oceandiva without Oceandiva’s prior written permission. In that case Oceandiva is entitled to raise the price of the relevant space(s) per day to at most the double rate for the day or days on which recordings are made or work is done on their preparation in the relevant space(s).
19. Other
If at any time Oceandiva does not invoke a right due to it or a legal consequence resulting therefrom, this will not lead to Oceandiva losing the possibility of Oceandiva invoking that right or legal consequence as yet at a later time, nor will this annul any right of Oceandiva.
Oceandiva is entitled to modify these general conditions from time to time at its discretion, and then to make these conditions apply to all legal relationships that arise after the date of filing of those modified conditions. If any provision of these general conditions should not be valid or should have no legal effect between the client and Oceandiva, the client and Oceandiva will replace that provision with a provision that approaches the initial intention most closely without being invalid and/or having no effect.
20. Applicable law and dispute-settlement
All Oceandiva’s offers, all contacts with Oceandiva and all orders that are given to Oceandiva within the framework of (organization in the widest possible sense of) events and all agreements concluded by Oceandiva within this framework are governed by Dutch law, to the exclusion of applicability of any treaty or convention. Any dispute between Oceandiva and a client will be settled exclusively by the district court in Amsterdam, the Netherlands.
Production regulations for Oceandiva
These regulations are binding for work on board the Oceandiva vessels. Work in the immediate vicinity of the ship resulting from activities on or for Oceandiva are also bound by these regulations. The client and contractors must be aware of these regulations and comply with the rules. The client shall inform its operators of the activities of these regulations in advance.
General
Directions from the Location/Party Manager (Oceandiva) must be followed at all times (only the Captain can decide otherwise).
Suppliers of goods and services and operators must first report to the Location/Party Manager (Oceandiva).
Oceandiva shall only accept activities on board if the operators are aware of and comply with these Regulations and the local, Dutch and European laws and regulations (such as ARBO). Oceandiva shall stop activities if it is not carried out in accordance with and/or according to general safety standards. In such a case, Oceandiva is not liable for consequential damage and reserves the right to hold the client and operator liable for endangering persons and property.
No changes will be made in the direction of Oceandiva subject to the prior written consent of Oceandiva.
Prior to activities, the client shall provide Oceandiva with a detailed plan of activities and shall discuss the decoration, which Oceandiva can approve or reject.
All those present on board the Oceandiva are restricted to the publicly accessible areas. It is only permissible to enter non-public areas if permission is granted from and together with the Location/Party Manager (Oceandiva).
It is forbidden to be under the influence of drugs, including alcohol, to all those present on board the Oceandiva who perform activities, are going to perform activities, or are present as an agent.
Accidents
Oceandiva is not responsible or liable for accidents that occur during activities on board.
Damage
Oceandiva has the right to have damage detected by them to walls, floors, etc. in the rented area(s) and to the goods present therein repaired at the expense of the client, insofar as the damage occurred at the time of use of the relevant area(s) by the client or is directly related thereto. This includes cleaning and/or removal costs.
Leaving items behind, including personal property, is at your own risk. It is also not permitted to leave these items in the non-public areas, without permission from the Location/Party Manager (Oceandiva). Oceandiva is not liable for the loss of these items.
Safety Standards
The client must comply at all times with the regulations laid down by the fire brigade. In the event of the fire regulations being violated, the client is obliged to compensate any damages that may have occurred.
When placing items on board Oceandiva at least one meter will be kept free around escape routes, fire hoses and extinguishers and access to escape routes, fire hoses and extinguishers are not to be blocked in any way. The gangways and the aft deck are also escape routes.
Taking and/or using any kind of gas (even in liquid form), open fire and smoke effects on board is strictly prohibited. The term fire shall be understood to include causing sparks and the like. When using fire pits for the ships, they must be arranged in such a way that it is impossible for the fire to reach people and/or goods.
All forms of textile, paper and flammable items, including decorations and accessories such as flags, banners, screens, boas, garlands, Christmas trees, etc. on board of Oceandiva must be non-combustible as much as possible. The Location/Party Manager (Oceandiva) can order the substances to be tested for flammability and, depending on the result, approve or reject the use thereof.
Vehicles placed on board Oceandiva may contain a maximum of five litres of fuel. Fuel in the form of a as (also in a liquid form) is strictly prohibited.
Tap water on board Oceandiva is not drinking water.
Lighting and noise must not interfere with nautical activities and other forms of shipping. The judgment of the Captain shall be conclusive herein.
Use
The use of electricity may only take place in consultation with the Location/Party Manager (Oceandiva), whereby their judgment is decisive.
The stacker is only to be operated by Oceandiva staff.
The technical grid is only to be operated by staff of the Oceandiva technical department or by approved staff appointed by the Location/Party Manager (Oceandiva). To attach matters to grid and/or trusses, permission is required from Oceandiva’s engineering company together with the Location/Party Manager (Oceandiva).
The lift can only be used with permission from the Location/Party Manager (Oceandiva) and in the manner approved by them.
Kitchen appliances may only be utilised after consultation with and approval from the Location/Party Manager (Oceandiva).
The kitchen must be left clean after use.
The use of drinks and food from the Oceandiva range is only permitted with the approval of the Location/Party Manager (Oceandiva).
Dragging objects across the floor is not permitted in order to prevent damage to the object and/or floor. All movement of objects must take place by means of rolling or lifting.
It is not permitted to prick holes, nail or drill in floors, ceilings, walls or columns and the like.
Nothing may be stuck on or attached to the ship in any way whatsoever, unless Oceandiva has given written permission for this and has approved the fittings to be used in advance. Only the Location/Party Manager (Oceandiva) can decide otherwise.
The use of adhesives and other difficult to remove substances, or caustic and other damaging substances, is prohibited.
It is not permitted to blow up balloons, to sprinkle rice and/or confetti or whatever else, unless Oceandiva gives prior written permission. Only the Location/Party Manager (Oceandiva) can decide otherwise.
Objects must be hung up and secured properly. Rejection by the Location/Party Manager is binding.
Working with paint (including spray cans) other than of water basis is prohibited. To work with paint, rior permission is required from the Location/Party Manager (Oceandiva).
The use of (iron)wire is prohibited without permission from the Location/Party Manager (Oceandiva).
It is not permitted to place structures or other materials on the outdoor deck, which protrude above the flagpoles that are stationed on the outdoor deck, without the express permission of the Location/Party Manager (Oceandiva).
The organiser is responsible for the disposal of their waste derived from the construction/dismantling and the event itself. In the event that waste is not disposed of and removed by the organiser, extra costs will be incurred.