Terms and conditions of sale
50% of the charter price on booking. The balance of the charter price together with any booked options: 60 days before the departure date.
There is no deposit needed
Terms and conditions of cancellation*:
More than 90 days before the departure date: 30% of the charter price. Between 89 days and 60 days before departure: 50% of the charter price. 59 days or less before departure: 100% of the charter price
Menus are always available on request, the food on board is always great quality and is mostly a mix of Creole and European cuisine. Both fish and meat are served every day. Let us know in advance if you have any specific wishes.
On board, soft drinks and alcoholic beverages are available against payment.
Your international passport needs to be valid at least 6 months on return.
Our prices are in euro and can be changed, without prior notification, at all times.
General terms and conditions Bat-O-Bleu nv*
- Without prejudice to the application of our special terms and conditions, which have precedence over these general terms and conditions, these general terms and conditions apply subject to any changes which the parties explicitly agree in writing.
- The conclusion of a sale based on our quote implies a waiver of the buyer’s general terms and conditions. The buyer shall never be able to invoke the tacit acceptance of his terms and conditions.
- Conclusion of the agreement
- The agreement is concluded when the seller confirms in writing to accept an order. However, the buyer is also legally committed by an oral promise.
- If the seller lays down a term in the quote for the acceptance, the agreement is concluded when the buyer confirms acceptance of the quote in writing prior to the expiry of this period. However, when the seller receives this confirmation more than five calendar days after expiry of this term, no agreement is concluded.
- Orders received through our agents and the obligations entered into by them are only valid following our written confirmation directly to the buyer.
- Any changes in the quote are only valid following written confirmation by the seller.
- Terms and conditions of payment
- All bills are payable in euro (or in the currency specified in the agreement) at the registered office of the seller. Our agents have no power of attorney to collect our bills. The drawing and/or acceptance of bills of exchange or other negotiable documents does not imply novation and does not constitute an exception to these general terms and conditions.
- Payment is in two (2) periods: (i) on the signing of the travel contract an advance needs to be paid of at least 50% of the total amount; (ii) the remaining balance needs to be paid 60 days before departure at the latest. If the travel contract is signed within the 60 days before departure the full amount needs to be paid.
- The invoice needs to be paid within 8 calendar days after the invoice date.
- Payments after this term shall by operation of law and without notice of default yield an interest of 10%, as well as (also by operation of law and without notice of default) fixed damages of 10% on the invoice amount (with a minimum of EUR 25).
- Subject to the seller’s prior written consent, the buyer is unable to invoke the right of setoff, irrespective of the rights or claims based on which the buyer wants to invoke the right of setoff.
- Cancellation and travel documents
- On cancellation of the order or termination of the contract, the customer shall owe fixed damages in case of cancellation:
(i) more than 90 days before the date of departure: 30% of the contract price
(ii) between 89 days and 60 days before the date of departure: 50% of the contract price
(iii) between 59 days or less before the date of departure: 100% of the contract price
- Without prejudice to the calculation of the damages as specified in article 4.1. the damages shall always amount to at least five hundred (500.00) euro.
- The passengers are responsible themselves for obtaining the necessary travel documents. Under no circumstance can the seller be held liable if the passenger(s) are unable to make the trip, be it partly or fully, due to forgotten or lost documents.
- The passenger(s) is/(are) responsible themselves for any cancellation insurance and/or travel assistance insurance.
- Boarding the boat
Boarding of the boat by the passenger(s) is when the following terms and conditions have been met beforehand:Everything has been paid in accordance with the contract
The guarantee has been paid with a credit card or in cash
Every passenger has provided a copy of his passport
The safety regulations in pursuance of article 6 need to be signed by every passenger.
The inventory in pursuance of article 7 needs to be signed by every passenger.
- Safety regulations
When going on board the boat every passenger will receive a document with the safety regulations that need to be respected. This document needs to be signed by every passenger.
At the start of the charter the seller shall make a boat available. This boat shall be in good condition and needs to be used for the use for which it is intended. On board will be an inventory which needs to be signed by both parties at the start. In case of damage suitable damages shall be charged or deducted from the security.
- Good seamanship
The passengers shall treat the boat, the contents and the equipment with due diligence at all times and in accordance with the objective. The passengers shall not make any changes to the boat made available by the seller. Under no circumstance may the boat be sublet or assigned.
- Unlawful use
The people on board accept full responsibility in case of unlawful use or use for which the boat is not intended. It is strictly prohibited to use the boat for purposes prohibited by Seychellois and/or Belgian law. If, in case of unlawful use by the people on board, for whatever reason, the Seychellois or Belgian or local governments seize the boat, the passengers, or the person responsible for the passengers, are/is obliged to pay a deposit within 48 hours on the seller’s account to the amount of the value of the boat and the equipment plus any costs that might arise as a result of this. The aforementioned deposit has been laid down at minimum 500,000.00 euro. This deposit shall be reimbursed by the seller when the boat has been unconditionally released, but after deduction of any damage and/or loss of profit which the seller may have suffered.
- Transfer – claim settlement – cost of use
- The passengers are liable for any damage to the boat and accessories, as well as for the loss of any equipment during the chartered period.
- The passengers undertake to notify any damage, loss or theft to the captain. The passengers undertake to take all measures to restrict any further damage, loss or theft.
- At the end of the charter the passengers are obliged to return the boat at the agreed time and to the agreed location. The boat needs to be in the same condition as when the boat was handed over at the start of the charter. A damage check will be carried out based on the inventory list in accordance with article 7.
- In case of damage to the boat and/or accessories and/or loss of equipment the seller shall be entitled to deduct the costs from the deposit.
- In case of late return the seller shall charge damages to the amount of the suffered losses.
- In case of late return the seller shall charge damages to the amount of the suffered losses.
- Liability and damages
- The seller cannot be held liable for bodily injuries, accidents, theft or loss of private property or goods belonging to the seller, if they have not been specified in the insurance policy.
- In case the seller does not respect his obligations regarding the contract, for whatever reason, the buyer can only obtain a refund of the deposited amounts and the dissolution of the contract. If possible the seller shall try to find an equivalent alternative for the buyer in which case the preceding obligations specified in this article fall due.
- Under no circumstance can the buyer claim any damages.
- Avoidance clause
When the buyer fails to respect his obligations, the agreement, after sending a notice of default without effect, shall be dissolved by operation of law against the buyer without prejudice to the seller’s rights to all damages and interest. The seller’s declaration of intention by registered letter suffices. In this case the buyer shall owe an amount of 30% of the price to compensate any suffered damage and lost profit, subject to proof of higher damage. The paid advances will remain ours to compensate for any damage (suffered loss and lost profit).
On pain of nullity every complaint needs to be sent within 5 working days on termination of the charter by registered letter to the seller with an accurate statement of the subject of the complaint and the order form or invoice to which this complaint refers.
- Force majeure and unforeseeable circumstances
- All cases of force majeure, fire, strike and government measures discharge the seller from all responsibility and allow the seller to refuse or suspend the (further) execution of the order, without entitling the buyer to any compensation.
- When the seller, due to a continuing state of force majeure is unable to carry out the agreement, he shall also have the right to terminate the agreement by sending a registered letter to the buyer stating the reason for the non-performance of the agreement. In this case the seller shall not owe any damages to the buyer either.
- When the (further) performance of the agreement is seriously jeopardised by circumstances beyond the seller’s control and the consequences of which could not be foreseen in all reasonableness at the time the agreement was reached, the parties shall agree alternative contractual terms and conditions under which the agreement can be performed taking into account the aforementioned circumstances. In the absence of this agreement, the seller shall be entitled to terminate the agreement by sending a registered letter to the buyer stating the reason why the (further) performance of the agreement has been seriously jeopardised.
- Place of performance and governing law
The place of performance of the agreement is the location of the seller’s registered office. The agreement is governed by Belgian law, unless the Parties, in respective prior written agreements, have chosen a different applicable law.
- Competent courts
In case of a dispute the Courts of Brugge have jurisdiction, unless the seller prefers the courts of the buyer’s domicile.
* This document was drawn up in accordance with the general terms and conditions on all our commercial papers.
When the order is made or the quote is accepted these general terms and conditions form an integral part of the agreement.