GENERAL TERMS AND CONDITIONS COZY CRUISE AMSTERDAM
Version: December 2025
Applicability: Applicable to all agreements between Cozy Cruise Amsterdam and the charterer (lessee).
PART I: CORE PROVISIONS & LEGAL BASIS
ARTICLE 1. DEFINITIONS (THE MOST IMPORTANT TERMS)
| Term | Meaning |
| Lessor / Charterer (Cozy Cruise Amsterdam) | Cozy Cruise Amsterdam (or entities acting on behalf of the Lessor). |
| Lessee / Charterer | The contracting party, natural or legal person, who reserves the Services. |
| Counterparty | The Lessee. |
| Parties | The Lessor and the Lessee jointly. |
| Passengers | The Lessee and all persons sailing with or on behalf of the Lessee. |
| Vessel | The boat, including equipment and inventory, as specified in the Agreement. |
| Skipper | The captain of the Vessel. |
| Services | Transport, catering, beverages, mediation and/or supplementary goods or services. |
| Cruise / Trip | Sailing with and staying aboard during the agreed period. |
| Total Reservation Sum | The total agreed amount for the Services (confirmed quote plus extra orders). |
| Supplier | A third party providing services to the Lessor (e.g., catering, Skipper). |
| General Terms and Conditions (GTC) | These General Terms and Conditions. |
ARTICLE 2. APPLICABILITY & ACCEPTANCE
2.1. Full Application.
These GTC apply to every quote, offer, and Agreement with the Lessor. The Passengers are deemed to have taken notice of and agreed to these conditions as soon as they board the Vessel.
2.2. Lessee’s Guarantee.
The Lessee guarantees that all Passengers have been made aware of the content of these GTC.
2.3. Exclusion of Own Conditions.
The applicability of the Lessee’s general terms and conditions is expressly excluded, unless the Lessor has accepted them in writing in advance.
2.4. Third-Party Protection.
Every Supplier may directly invoke the liability limitations in these GTC, as if they were a direct contracting party of the Lessee.
2.5. Indemnification by Lessee.
The Lessee indemnifies the Lessor against all claims by Passengers, insofar as these claims would be excluded under the GTC if the Lessee were to make them personally.
2.6. Partial Invalidity.
If a provision in these GTC is declared invalid, the remaining provisions will remain fully in force. The Parties shall then consult to replace the invalid provision, while retaining its purpose and scope.
PART II: AGREEMENT & EXECUTION
ARTICLE 3. CONCLUSION AND DUTY TO INFORM
3.1. Quote Validity.
Quotes are valid for a period of 14 days, unless otherwise indicated. An acceptance must be received in writing at least 7 days before the Cruise, unless otherwise agreed.
3.2. Obvious Errors.
The Lessor is not bound by a quote if the Lessee could reasonably understand that it contained an obvious mistake.
3.3. Lessee’s Duty to Inform.
The Lessee is obliged to provide all requested and relevant data, information, and documents immediately, completely, and correctly.
3.4. Consequences of Incorrect Information.
If the provided information proves to be incomplete or incorrect, the Lessee is immediately in default. The Lessor may then dissolve the Agreement or suspend the Services, notwithstanding the Lessee’s obligation to pay the full agreed remuneration.
3.5. Contract Amendments.
Desired amendments to the Agreement are only valid if they have been accepted explicitly and in writing by the Lessor. The costs thereof shall be borne by the Lessee.
ARTICLE 4. THE CRUISE
4.1. Substitute Vessel (Force Majeure).
In case of force majeure (such as technical malfunctions or staff shortages), the Lessor may deploy a different Vessel suitable for the number of reserved persons. The Lessee is not entitled to compensation as a result; the maximum compensation shall never exceed the Total Reservation Sum.
4.2. Failure to Arrive on Time.
If the Lessee or the Passengers are late, the sailing time will generally not be extended. The agreed end time will be maintained. An extension can be agreed upon in consultation with the duty Skipper. In case of absence longer than 30 minutes, the Lessor may dissolve the Agreement without restitution.
PART III: PRICE, PAYMENT, AND CANCELLATION
ARTICLE 5. PRICE AND PAYMENT CONDITIONS
5.1. Prices.
All prices are in euros and exclusive of VAT and government levies, unless otherwise stated.
5.2. Payment Term.
Payment must be made no later than fourteen (14) days after the invoice date. This is a final deadline (fatale termijn).
5.3. Default and Interest.
In the event of failure to pay on time, the Lessee is in default by operation of law and owes the statutory commercial interest.
5.4. Collection Costs.
All costs, including extrajudicial and judicial costs, arising from the collection of unpaid invoices, shall be fully recovered from the Lessee.
5.5. Security.
The Lessor reserves the right to request a deposit or (additional) security at any time.
ARTICLE 6. CANCELLATION (STANDARD)
6.1. Cancellation.
Cancellation must be made in writing (by registered mail). The cancellation date is the date of receipt by the Lessor.
6.2. Cruise Costs.
In the event of cancellation, the Lessee owes a fixed compensation for damages (schadeloosstelling), plus €75,- administrative costs, based on the Total Reservation Sum:
| Cancellation Period Before Start of Charter Period | Compensation for Damages |
| Between 10 weeks and 6 weeks | 25% |
| Between 6 weeks and 2 weeks | 50% |
| Between 2 weeks and 1 week | 75% |
| Less than 1 week | 100% |
6.3. Catering & Services Costs.
Cancellation is free of charge up to 14 days before the start.
- Between 14 and 7 days: 50% of ordered catering and 100% of other Services.
- From 7 days: 100% of ordered catering and Services, and 50% of the beverages.
6.4. Minimum Number of Beverages.
The Lessee remains bound to pay for the beverages for at least 80% of the originally confirmed number of persons.
6.5. No Show.
If the Lessee fails to appear at the agreed time, they owe the full remuneration (no refund).
6.6. Cancellation by Cozy Cruise (Force Majeure).
If sailing is not possible due to extreme weather conditions (e.g., dense fog, wind force 6+, thunderstorms) or government measures (force majeure), the Lessor may cancel the Cruise. The Lessee may then rebook the Cruise to a new date free of charge, without additional costs.
PART IV: CONDUCT & LIABILITY
ARTICLE 7. RULES OF CONDUCT AND SKIPPER’S AUTHORITY
The Lessee guarantees that all Passengers adhere to the following rules:
7.1. Following Instructions.
All instructions from the Skipper and employees must be followed strictly and without delay.
7.2. Disembarkation for Violation.
In case of failure to follow instructions or violation of the rules of conduct, the Skipper has the right at all times to disembark Passengers, without any form of refund.
7.3. Prohibited on Board.
It is strictly forbidden to:
- consume alcohol under the age of 18.
- bring, use, or trade drugs or other prohibited substances.
- smoke, unless the Skipper expressly gives permission. Damage caused by smoking will be recovered.
- throw anything overboard.
- transport (hand)weapons, fireworks, and/or ignite them on the jetty or on board.
- use confetti or other scatterable material in or over the Vessel.
- bring (domestic) animals, with the exception of guide dogs reported in advance.
7.4. Nuisance.
Passengers must take residents and other Vessels into account. Causing (noise) nuisance is not permitted. Fines imposed due to nuisance will be recovered from the Lessee.
7.5. Own Consumptions.
Bringing and consuming one’s own consumables is not permitted without written permission. If permitted, the Vessel must be delivered clean. In case of non-compliance, a minimum of €75.00 excluding VAT in cleaning costs will be charged.
ARTICLE 8. LIABILITY AND INDEMNIFICATION
8.1. Lessee’s Liability (Damage).
The Lessee is liable for all damage to the property of the Lessor or third parties resulting from a shortcoming, unlawful act, reckless conduct, or omission by the Passengers.
8.2. Obligation to Report Damage.
Damage must be reported to the Skipper immediately during or no later than before the end of the Cruise.
8.3. Boarding Vessel is at Own Risk.
Boarding the Vessel is at the Passenger’s own risk.
8.4. Exclusion of Lessor’s Liability.
The Lessor is never liable for damage due to injury, death, loss of Passengers’ property, or economic damage due to delay, unless this damage is the direct result of demonstrable intent or gross negligence on the part of the Lessor or its managerial employees.
8.5. Limitation of Liability.
If the Lessor is liable, this liability is at all times limited to:
- the maximum amount covered by its insurance.
- if the damage is not covered by the insurance, to the amount invoiced to the Lessee (excluding VAT) for the Agreement.
8.6. Expiration of Legal Claim.
The right to a claim for compensation from the Lessee expires if it is instituted after a period of three months following the execution of the Cruise.
PART V: SPECIAL PROVISIONS
ARTICLE 9. APPLICABLE LAW AND COMPETENT COURT
9.1. Law.
These GTC and all Agreements are exclusively governed by Dutch law.
9.2. Competent Court.
Disputes shall be submitted to the competent court in Amsterdam, unless the Lessee is a consumer residing in the Netherlands. In that case, the court in the district of the Lessee’s place of residence is competent.
