GENERAL TERMS AND CONDITIONS
ARTICLE 1 – APPLICATION
The present general terms and conditions apply to all services provided by CptnZeppos BVBA, with registered office at 2018 Antwerp, Haantjeslei 211 box 2 and company number 0722.659.995 (hereinafter: “CptnZeppos”). CptnZeppos is a member of the Association of Flemish Travel Agencies and has insurance covering insolvency, professional liability and calamities. Its activities consist in offering tourist voyages on board cargo ships. CptnZeppos acts solely as an intermediary for the organisation and processing of the booking.
Sea voyages on board cargo ships are not package voyages but are considered transport. If any provision of these general terms and conditions should be invalid in whole or in part, the validity of the other provisions of these general terms and conditions will not be affected.
If these general conditions mention “Passenger” and “Shipping company”, reference is made to the following definitions:
– Passenger: The persons (tourists) who call upon the services of CptnZeppos for the organisation and handling of a sea voyage on board cargo ships;
– Shipping company: The company under which the cargo ships operate;
– CptnZeppos: The organization that is solely responsible for reserving and booking a sea voyage for the Passenger with the Shipping Company.
2.1. The Passenger must first register with CptnZeppos. After this, CptnZeppos will send the required documents (e.g. booking form, medical files, etc.) for signature. The registration and signing of the aforementioned documents by the passenger constitutes acceptance of these general conditions and the general and special conditions of the Shipping Company.
2.2. The booking only concerns the preparation of the sea voyage on board the Shipping Company. The Passenger must therefore accept the general and special conditions of the relevant Shipping Company before the booking can be completed. CptnZeppos is always entitled to refuse Passengers for safety and/or health reasons. The booking is only final after receipt of the booking confirmation. Even after the booking confirmation, the shipping company can still cancel the booking for health and safety reasons. CptnZeppos can never be held liable for this.
2.3. Once on board, the Passenger must respect the rules and customs of the Shipping Company. The Passenger is responsible for the organisation of any excursions if the cargo ship is moored.
2.4. The Passenger has the right to cancel or change the booking in writing up to 2 months before departure. CptnZeppos is entitled to charge an administration fee of €150.00 for this. If the Passenger cancels the trip less than 2 months before departure, CptnZeppos will be entitled to withhold the full price of the trip. In accordance with its general and special conditions, the Shipping Company is always entitled to cancel the trip.
ARTICLE 3 – PAYMENT OF INVOICES
3.1. The price is shown on the offer and is confirmed on the booking confirmation. CptnZeppos and the Shipping Company are always entitled to charge extra costs resulting from an increase in transport costs (such as harbour dues) after the booking confirmation. These may be charged during the trip and must be paid immediately.
3.2. Invoices are payable no later than 8 days after sending the invoice, unless otherwise agreed.
3.3. Any protest against invoices must be notified to CptnZeppos within eight days in writing, giving detailed reasons, by registered mail, failing which the invoice is deemed to have been accepted by the Passenger. No complaint will entitle the Passenger to suspend or postpone payment in whole or in part. Any form of discount or price reduction granted by CptnZeppos to the Passenger is only valid if it is expressly confirmed by CptnZeppos in writing by means of a credit note.
3.4. Payments by the Passenger are always assumed to be payments from the oldest unpaid invoice, even if the payment by the Passenger refers to a more recent invoice.
3.5. In the event of late payment, default interest will automatically and without the need to send a reminder be payable at the rate of 10% per annum, also to be increased by a fixed compensation of 10% (this compensation cannot be less than €150.00) on the total invoice amount and €10.00 per registered shipment.
3.6. The parties agree that all their reciprocal claims shall be immediately compensated as soon as the respective claims arise, including claims that are not yet certain, due or payable and including all claims that depend on a future condition including also all damages due for whatever reason (including damages, expenses or expenses) in accordance with the law of 15 December 2004 on financial securities.
ARTICLE 4 – LIABILITY AND DAMAGES
4.1. Subject to the application of mandatory or public order laws, the Passenger may not claim any compensation from CptnZeppos for any reason, in particular for errors (including serious errors) of a pre-contractual, contractual or criminal nature.
4.2. CptnZeppos acts solely as an intermediary who takes care of the booking of the sea voyage. Therefore, CptnZeppos shall never be liable in any way for defective transport services or incidents during the sea voyage.
4.3. The Passenger accepts that the priority of the cargo ship does not concern the Passenger, but the cargo it transports. The Shipping Company therefore always has the right to make changes to the route in function of the cargo, such as deleting port stops. Moreover, the Passenger acknowledges that the indicated departure times are only guide hours and can always change depending on the circumstances of the cargo ship. CptnZeppos cannot be held liable for late departure or late arrival.
4.4. The Passenger must always be on board in good time. CptnZeppos cannot be held liable for any financial costs (such as repatriation of Passengers and luggage, for example) incurred by the Passenger if the latter is not on board in time. The ships of the Shipping Company have a very punctual planning so that no Passenger will or can ever be waited for.
4.5. CptnZeppos will never incur any liability if it is unable to fulfil its obligations due to force majeure. For as long as the force majeure lasts, any obligations of CptnZeppos are suspended.
4.6. CptnZeppos’ liability is in any event limited to the amount of the invoice.
ARTICLE 5 – INSURANCE
The Passenger is obliged to take out travel assistance and repatriation insurance.
ARTICLE 6 – PROCESSING OF PERSONAL DATA
Where personal data are processed, they shall be processed in accordance with the provisions of the General Data Protection Regulation 2016/679 of 27 April 2016 (‘GDPR’). CptnZeppos is responsible for processing the personal data it obtains from the Passenger. The Passenger has the right to contact us at any time to ask questions about the processing of his personal data. For more information about the processing of personal data, CptnZeppos refers to the privacy statement on the website.
ARTICLE 7 – LAW AND COURT
7.1. Belgian law is applicable.
7.2. The courts of Antwerp are competent. If the Justice of the Peace has jurisdiction, the parties shall agree that the Justice of the Peace of the 5th canton in Antwerp shall be seized.