General Terms and Conditions

RAMBLINJOE BV – SPIRIT OF OSTEND
Company number (CBE): 0760.605.209
Registered office: Dunantplein 1, 3550 Zolder, Belgium

1. GENERAL

In the event of discrepancies between the Dutch and the English version of these General Terms and Conditions, the Dutch version shall prevail.

These General Terms and Conditions form an integral part of all quotations and agreements of RAMBLINJOE BV, having its registered office in Belgium, 3550 Zolder, Dunantplein 1, trading under the name “SPIRIT OF OSTEND”.

The Client acknowledges having received these General Terms and Conditions and accepts them, unless proven otherwise.

2. QUOTATIONS, PRICE LISTS AND CONTRACT PROPOSALS

Price quotations, price lists and contract proposals relate to:
a) Leadership Journeys
b) Discovery Journeys
c) Any other tailor-made Journey aboard the sailing vessel as agreed in writing.

They are non-binding, provided for information purposes only and remain valid only for the expressly stated period.

Quotations, price lists and contract proposals do not constitute a binding offer. An order placed on the basis of a quotation does not in itself create an agreement.

Price lists may be amended without prior notice.

The quotation is prepared on the basis of information provided by the Client, including specifications, details and personal or corporate data, whether supplied by email, telephone or in person. RAMBLINJOE BV – SPIRIT OF OSTEND shall not be responsible for the accuracy of such information.

The Client must carefully review the quotation and verify that it meets all of the Client’s requirements. Any inaccuracies or requested amendments must be communicated immediately in writing or by email. In such case, the original document shall lapse and RAMBLINJOE BV – SPIRIT OF OSTEND reserves the right to issue a new quotation, possibly with different pricing.

3. AGREEMENT

If a quotation is accepted by the Client, an employee of the Client or a representative of the Client, RAMBLINJOE BV – SPIRIT OF OSTEND may assume that such acceptance constitutes a valid confirmation in the name and on behalf of the Client. It is not obliged to verify the authority of the person concerned.

The agreement between the Client and RAMBLINJOE BV – SPIRIT OF OSTEND shall only be concluded after:

  • written confirmation of the quotation by RAMBLINJOE BV – SPIRIT OF OSTEND;

  • signature of the quotation for approval by both parties; or

  • payment of the requested advance within the agreed time period.

RAMBLINJOE BV – SPIRIT OF OSTEND shall in no event be bound by a quotation containing omissions, clerical errors or mistakes.

Only the quotation, agreements signed by RAMBLINJOE BV – SPIRIT OF OSTEND and these General Terms and Conditions form part of the agreement between the parties, to the exclusion of all other documents.

If amendments are communicated after conclusion of the agreement, RAMBLINJOE BV – SPIRIT OF OSTEND may, where possible, issue a revised quotation. The original document shall lapse. Due to force majeure, economic or other changing factors, prices may vary, including for components that were not amended.

If requested amendments cannot be carried out, the original quotation shall remain applicable.

In the case of oral or telephone instructions, the risk regarding the correct execution of amendments lies with the Client.

4. PRICES

Prices are stated in euro and are always exclusive of VAT unless otherwise agreed in writing.

Prices exclude:

  • transport to and from the place of departure;

  • the Client’s own insurance (travel insurance, cancellation insurance and mandatory hospitalization insurance);

  • personal expenses;

  • expenses incurred onboard the sailing vessel.

Any increase in VAT or other taxes of any nature between conclusion of the agreement and invoicing shall be borne by the Client.

Prices depend on exchange rates, food prices, transport costs, energy prices, labour costs and other cost factors.

If one or more of these costs increase by more than 10%, RAMBLINJOE BV – SPIRIT OF OSTEND is entitled, up to a maximum of 80% of the total price, to increase the portion of the price corresponding to those costs by the percentage of the increase concerned.

5. COMPLAINTS

Complaints must be notified by registered letter within five (5) working days after the end of the Journey.

Any dispute regarding an invoice must be notified by registered letter within five (5) working days from the invoice date.

6. PAYMENT

If the Client fails to make the agreed payments, even partially, RAMBLINJOE BV – SPIRIT OF OSTEND shall be entitled to suspend performance until full payment has been made, including for other agreements concluded with the Client. Such suspension shall not give rise to any right to compensation for the Client.

Any invoice not paid on its due date shall automatically and without prior notice of default bear contractual default interest equal to the interest rate determined in Article 5 of the Act of 2 August 2002 on combating late payment in commercial transactions, with a minimum rate of 12%.

In addition, in case of non-payment on the due date, the invoice amount shall automatically be increased, without prior notice of default, by 10% as fixed compensation, with a minimum of EUR 250. This amount constitutes compensation for extrajudicial recovery costs, without prejudice to the creditor’s right to claim compensation for other damages not solely caused by non-payment.

If the Client qualifies as a consumer:

In case of non-payment on the due date, a first reminder shall be sent.

If payment is not made within fourteen (14) days from the third working day following dispatch of this reminder, or within fourteen (14) days from the day following dispatch if the reminder is sent electronically, the following amounts shall become due:

  • Default interest as from one calendar day after dispatch of the reminder, at an interest rate equal to the reference interest rate increased by eight percentage points referred to in Article 5, second paragraph, of the Act of 2 August 2002 on combating late payment in commercial transactions, calculated on the outstanding amount;

  • A fixed compensation of:

    • EUR 20 if the outstanding balance is ≤ EUR 150;

    • EUR 30 plus 10% of the amount due between EUR 150.01 and EUR 500;

    • EUR 65 plus 5% of the amount above EUR 500, capped at EUR 2,000.

7. LIABILITY

RAMBLINJOE BV – SPIRIT OF OSTEND shall not be liable for slight, ordinary or gross negligence committed by itself or its appointees. Liability shall only arise in case of wilful misconduct.

The exclusion of liability for gross negligence shall not apply where the Client qualifies as a consumer.

In any event, liability is limited to the price stated in the agreement and at most to the invoiced value of the relevant part of the order.

RAMBLINJOE BV – SPIRIT OF OSTEND shall only be liable for direct damage directly caused by the delivered services. It shall never be liable for indirect damage, including but not limited to consequential loss, loss of profit, loss of savings or damage to third parties.

To the extent permitted by law, the statutory provisions on extra-contractual liability shall not apply between contracting parties nor between a contracting party and the auxiliaries of the other contracting party.

8. CANCELLATION AND MODIFICATION

The agreement for a specific Journey may only be amended by written agreement.

Once concluded, modifications are no longer possible.

In case of cancellation by the Client:

  • More than 90 calendar days before departure: 50%

  • 61–90 days before departure: 60%

  • 31–60 days before departure: 80%

  • 30 days or less before departure: 100%

plus statutory interest from the date of cancellation.

RAMBLINJOE BV – SPIRIT OF OSTEND may modify or cancel a Journey in exceptional circumstances, including safety reasons, technical problems, illness or unavailability of crew, adverse weather or force majeure. In such case, an alternative shall be proposed and paid amounts refunded.

9. TERMINATION

Either party may terminate the agreement with immediate effect and without compensation in case of bankruptcy, judicial reorganisation, collective debt settlement or any other form of liquidation.

RAMBLINJOE BV – SPIRIT OF OSTEND may also terminate in case of a change in the Client’s legal status.

Upon termination, all delivered services and goods become immediately payable.

If the Client unilaterally terminates the agreement, a fixed and pre-agreed compensation of 30% of the agreed price shall be due, without prejudice to the right to prove higher damages. The parties agree this amount represents genuine pre-estimated damages and may not be reduced.

If judicial termination occurs to the detriment of RAMBLINJOE BV – SPIRIT OF OSTEND, the same compensation shall be due to the Client.

10. INTELLECTUAL PROPERTY AND CONFIDENTIALITY

All intellectual property rights relating to services or products remain the exclusive property of RAMBLINJOE BV – SPIRIT OF OSTEND.

Documents provided must be treated as strictly confidential.

The Client may not distribute or make available such documents in any form.

The Client shall ensure that its employees, representatives and subcontractors comply with this confidentiality obligation.

11. PRIVACY

The parties acknowledge that Regulation (EU) 2016/679 (GDPR) applies.

Personal data are processed for contract execution, administration, accounting and safety purposes, based on contractual necessity, legal obligations and/or legitimate interest.

Each party shall take appropriate security measures.

RAMBLINJOE BV – SPIRIT OF OSTEND may take photographs during activities for warranty and promotional purposes. The Client may object.

Reference is made to the Privacy Policy published on the website.

12. FORCE MAJEURE

Force majeure includes but is not limited to: natural disasters, armed conflicts, social unrest, crime, epidemics, pandemics, power outages, economic disruptions, accidents and governmental intervention.

The affected party must notify the other party by registered letter within five (5) working days.

Performance shall be suspended during force majeure. If it exceeds three (3) months, the agreement may be terminated.

13. HARDSHIP (IMPREVISION)

A Hardship Event is any unforeseeable change beyond reasonable control that fundamentally disrupts the economic balance of the contract.

The affected party must notify within five (5) working days.

Parties shall renegotiate within ten (10) working days. If no agreement is reached within three (3) months, an arbitrator with appropriate expertise shall determine necessary adjustments.

Performance is suspended during renegotiation.

14. SEVERABILITY

If any provision is null, invalid or unenforceable, the remaining provisions remain valid.

The invalid provision shall automatically be replaced by a valid one reflecting the original intention as closely as possible.

15. GOVERNING LAW AND JURISDICTION

Belgian law shall exclusively govern the agreement.

All disputes fall under the exclusive jurisdiction of the Enterprise Courts of Antwerp, division Hasselt.

If the Client qualifies as a consumer, jurisdiction shall be determined in accordance with mandatory Belgian consumer protection rules.

This clause also applies to agreements with EU nationals.