Bagheera-sailing - Terms and conditions

These terms and conditions apply to the tour contract between Bagheera-sailing and the traveler (or the traveling agency on his behalf). The terms and conditions will be followed throughout the contract and there will be no changes unless written and signed by both parties. In the case of a difference in the terms and conditions between the Dutch and the English language veersions, the Dutch version prevails.

Bagheera-sailing and the traveler make a binding agreement by signing a tour contract. This contract obligates Bagheera-sailing to transport the traveler and his luggage across the sea according to the details given in the tour offer. The tour starts at the moment the traveler and his luggage board the ship. The ending of the tour is the moment at which the traveler and his luggage disembark the ship. Incidents and events before boarding and after disembarkation are not covered in by the contract and are never the responsibility of Bagheera-sailing.

4 Contract length.
Bagheera-sailing provides the availability of the ship for a tour, starting at a place and date as noted in the tour-offer and ending on the place and date noted in the tour-offer. Both the day of embarkation, and the day of disenbarction are counted as days on board. If, in case of bad weather or other circumstances, the place and or time of embarkation will change, it is the obligation of Bagheera-sailing to notify the traveler in the earliest possible opportunity.

5 The ship.
Bagheera-sailing is obligated to take proper care for the ship in order to minimize the risk of technical failures and to be able to provide the availability of the ship to the traveler as agreed. At the same time, Bagheera-sailing will provide the ship clean and well supplied to start the tour as agreed. However, some of the food supplies will be taken care of during the tour itself.

6 The captain.
The captain is responsible for the ship and the crew (as specified in section 13). The captain has executive power throughout the whole tour to use any means necessary to guarantee the safety of the ship, the crew and the environment as long as possible. The captain is also responsible for sailing according to the local laws or the laws of the country of registration of the ship. Bagheera-sailing and the captain are allowed to refuse a traveler and/or his baggage to board if there is a reason to believe that the embarkation might endanger the ship, the crew, the environment, or if it might be against local/international law. In case of such a rejection, this cannot be used as a ground of claims or refund of tour charges.

7 Tour charges.
The traveler is obligated to pay the tour charges to Bagheera-sailing within the demanded time period, in accordance to the payment terms. Bagheera-sailing has the right to charge extra costs in case of rising fuel costs, taxes, insurance fees or any kind of costs which Bagheera-sailing is obligated to pay for to be able to operate the ship on the agreed route. However, Bagheera-sailing can do so with a maximum of 20 days before the departure date as given in the tour offer. In case of a raised price, the traveler has the right to cancel the tour within 7 days after receiving the notice. No costs for such cancelation will be charged by Bagheera-sailing from the traveler. Bagheera-sailing will also return all down payments done by the traveler. Bagheera-sailing can never be kept responsible for any kind of damage caused by such cancelation or price increase.

The rest of the payment must be paid to Bagheera-sailing not later than 6 weeks before departure date, as given by the tour agreement. In case of an agreement within 6 weeks before departure, the traveler is obligated to pay the full tour charges at once, and under all circumstances before the date of departure as given by the agreement.

9 Obligations of the travelers.
The traveler will respect all the local and international laws which will apply during the tour. This includes the laws and regulations of (local) customs and currency exchange. The traveler is obligated to follow the instructions as given by the crew, the guide, or the captain in order to prevent any harm to the ship, the crew, or the environment.

10 Travelers personal information.
The traveler will provide his/her personal information to Bagheera-sailing at latest a month before departure as required by the agreement. The information necessary include: Name and family name(s) as written in the passport, address, date of birth, place of birth, passport number, any special information regarding health: diet, medical disabilities, medicine used, and contact information of at least two persons, who will stay home during the period of the tour, for contact in case of an emergency.

11 Travel documents and health declaration.
The traveler is responsible for owning a passport, valid until at least 6 months after the scheduled date of arrival at destination, and if necessary the traveler will take care of all the visas required to make the tour as agreed. It is the obligation of the traveler to inform himself/herself which paperwork is required by local/international customs of all the countries to be visited. The costs of these documents are to be paid by the traveler and are not included in the tour charge.
By signing the agreement, the traveler declares to be in good health and in a good physical and mental condition and is not suffering from epilepsies, diabetes, hard diseases or any kind of illness/disease which needs to be managed and controlled by consequent medicine use.
By signing the agreement, the traveler is also obligated to provide all medical data necessary to Bagheera-sailing in order to maintain the highest possible level of safety of the ship, the crew, and the traveler himself. In case of an illness or disease, the traveler is obligated to provide a declaration from his doctor that he/she is able to join the tour as scheduled and function fully, written in the Dutch or English language. Bagheera-sailing has the right to verify the authenticity of the declaration and to consult the doctor to be sure that the ship and the crew will not be endangered by this illness/disease. However, Bagheera-sailing is allowed to refuse a traveler to board in case of a reasonable doubt about the traveler’s safety. In case of such a rejection, this cannot be used as a ground of claims or refund of tour charges.

12 Baggage and undesirable goods.
Without special written permission from Bagheera-sailing, it is not allowed to bring undesirable goods on board the ship. Undesirable goods are all goods that are prohibited by (local) law(s). This includes: smuggling goods, living animals, drugs, weapons, guns, explosives, alcoholic drinks, cigarettes, etc.

In case of needed goods (e.g. medicines) the traveler will provide an official declaration from a physician, written in the English language, stating that the carried medicines and their amount are necessary for the traveler’s health. The responsibility of acquiring the information about forbidden goods of a specific country lies solely on the traveler.
The traveler guarantees that his or her baggage does not contain such goods. Bagheera-sailing is allowed to verify the content of the baggage of the traveler in case of any suspicion indicating that the content of the baggage is not in accordance with the (local) law or if the baggage might be dangerous to the ship, the crew, or the environment. Bagheera-sailing will perform the examination of the suspected baggage in the presence of the traveler or, in case of absence of the traveler, in presence of at least 2 other people who are not allowed to assist with the examination. Bagheera-sailing has the right to refuse baggage or parts of it on board if it doesn’t meet the requirements of the (local) authorities or if the (parts of) the baggage presents a danger to the ship, the crew, or the environment. In case of such a rejection of baggage, this cannot be used as a ground of claims or refund of tour charges.

13 Excursions ashore.
Incase a traveler organizes or joins an excursion ashore he or she is responsible for taking proper precautions for this excursion. This includes preparation of (emergency) food and equipment, transport, and everything necessary to undertake the excursion safely. Bagheera-sailing can never be held responsible for anything connected or caused by such an excursion.

15 Cancellation of the tour by the traveler.
The traveler is allowed to cancel the tour at anytime without supplying a reason provided that it is in writing to Bagheera-sailing. After receiving such a message by Bagheera-sailing the following charges will apply:
More than 95 days before scheduled embarkation: 30% of the original agreed tour charge.
Less than 95 days before scheduled departure: 100% of the original agreed tour charge.
Bagheera-sailing will do a reasonable attempt to rent the spot to someone else. In case of a successful re-renting, the traveler will receive a refund of his or her already paid part of the tour charges. However, Bagheera-sailing is allowed to charge a maximum of 500 Euro (or equal amount in other currency) for advertising and administration costs in case of a successful re-renting.

16 Cancellation of the tour by the traveler in case the ship is not available.
The traveler is allowed to cancel the tour in case Bagheera-sailing informs him/her that the ship will not be available on the agreed time and place.
After such a cancelation, the traveler has the right to receive a refund of all the payments made for this tour.
Bagheera-sailing can never be held responsible for any kind of damage caused by such an event.

17 Cancellation in case of a damaged ship.
Both the traveler and Bagheera-sailing are allowed to cancel the tour in case the ship is damaged to the extent that continuation of the tour is dangerous for ship and crew and that repair is not possible in a short period of time.
After such a cancelation, the traveler has the right of a refund equivalent to the part of the tour that has not been made until this event happened. Bagheera-sailing cannot be held responsible for any extra costs caused by such an event. However, Bagheera-sailing has the obligation to reduce such extra costs to a minimum unless this will endanger the ship, the crew, or the environment.

The traveler cannot be held responsible for any damage to the ship, unless caused by actions which can knowingly cause such damage.

18 Notifying a cancelation.
Every cancelation will be made in writing by tractable means (e.g. post, telegram) and the agreement ends on the moment of receiving such notice. Bagheera-sailing will confirm a cancelation as soon as possible.

20 Responsibility for baggage.
Bagheera-sailing can only be held responsible for any damage or loss of baggage in case of actions by Bagheera-sailing or one of her representatives which are of such kind that damage or loss is a logical result of these actions. Under no other circumstances is any kind of responsibility excepted from Bagheera-sailing.

23 Responsibility for undesirable goods.

Bagheera-sailing cannot be held responsible for any damage or loss of goods which are undesirable on board (see also paragraph 12). In case Bagheera-sailing is responsible for the loss or damage of baggage as described in paragraph 20, undesirable goods cannot be claimed.

24 Responsibility for valuable goods.
Bagheera-sailing cannot be held responsible for the loss or damage of valuable goods if these are not necessary to make the tour as agreed (e.g. jewelry, cash, valuable documents, gold, silver, art, etc.).

25 Responsibility for change of schedule.
Traveling in remote areas, especially the Polar Regions, gives a great responsibility in helping other people. Bagheera-sailing is forced by law to assist in any kind of rescue operation to save human lives or reduce damage to the environment. Bagheera-sailing cannot be held responsible for any kind of damage caused by such an event. Bagheera-sailing cannot be held responsible for any kind of damage caused by the environment (e.g. ice conditions, storms, floods, etc.). It might happen that we will not be able to reach an airport in the scheduled time. Extra connections, transfers, or missed flights can never be ground for claim towards Bagheera-sailing. However, Bagheera-sailing is obligated to reduce such extra costs to a minimum without endangering the ship, the crew, or the environment. Given schedules are ALWAYS preliminary and are subject of regular changes forced by local conditions (e.g. ice and weather conditions, navigational hazards, etc.). Safety of the ship and the crew is always priority number one and the captain will act accordingly. Decisions made by the captain to ensure safety of the ship, the crew, and the environment can never be questioned.

26 Responsibilities of the traveler.
The traveler is obligated to compensate Bagheera-sailing for any kind of damage caused by his or her actions, if these actions are of such kind that the caused damage is a logical result of these actions. The traveler cannot be released from responsibility for causing damage on the base of having damaged personal equipment.

27 Liability limitation.
In the event of death or injury, the liability of Bagheera-sailing is limited by the Dutch law (art. 8:518 BW) until EUR 137.000,--. The liability of Bagheera-sailing in case of damage or loss of baggage is limited by Dutch law (art. 8:518 BW) till EUR 1.000,--. This besides the right of Bagheera-sailing to appeal the general liability limitations of the Dutch law (titles 7 and 12 of Book 8 BW. )

29 Payments and settlement.
The traveler is obligated to pay the (parts of) the tour charges in the time limits given in paragraph 8 of these terms and conditions.
In case of a late payment, Bagheera-sailing has the right to charge a delay interest without prior notification.
From the moment on which the payment was scheduled, until the day of the actual payment, the traveler is indebted an interest of 5.5% (annual based) over the total amount which was not paid on time on monthly base or parts thereof. Besides this interest, Bagheera-sailing has the right to charge once recovery costs of 15% of the outstanding payment with a minimum of 50 EURO (or equal amount in other currency). In the event of failure to pay within 4weeks after an official notification, the traveler’s booking is considered canceled and the traveler is obligated to pay the cancelation fee, as described paragraph 15 of these terms and conditions.

30 Agreement transfer to third party.
The traveler is not allowed to transfer his or her agreement with Bagheera-sailing to a third party without prior written permission from Bagheera-sailing. In case of a legal transfer of the agreement, the third party must comply with all paragraphs in these terms and conditions (e.g. he or she needs to send personal data, new contact data, health declaration etc.) Bagheera-sailing has the right to charge an hourly rate of 40 Euro (or an equal amount in other currency) administration costs.

31 Apposite right.
The Dutch law applies on all agreements between the traveler and Bagheera-sailing.

32 Authorized judge.
In case the traveler and Bagheera-sailing are not able to settle an arrangement, the traveler has the right to go to court, however, Bagheera-sailing only excepts the court house of Rotterdam to judge the dispute, unless agreed in written otherwise.