General Terms and Conditions

Article 1 – Definitions

Article 2 – Transportation Agreement

Article 3 – Obligations Watertaxi Hoorn

Article 4 – Traveler’s obligations

Article 5 – Payment

Article 6 – Termination or cancellation Transport Agreement.

Article 7 – Hand Luggage

Article 8 – Lost property

Article 9 – Force majeure

Article 10 – Liability Watertaxi Hoorn

Article 11 – Complaints

Article 12 – Privacy

Article 13 – Security

Article 14 – Rental agreement

Article 15 – Applicable law and competent court

Article 1 – Definitions

In these Terms and Conditions, the following definitions shall apply:
Whisper Boat: the vessel used by Watertaxi Hoorn in execution of the Rental Agreement Hand Luggage:

easily transportable portable or hand wheeled luggage which the Passenger has on or with him and, to the extent Watertaxi Hoorn has permitted its transportation, other movable property of the Passenger, including live animals

The natural or legal person who enters into a Transportation Agreement with Watertaxi Hoorn Passenger:
The person transported by Watertaxi Hoorn in performance of the Transportation Agreement Rondvaartvervoer:

cruise of a Traveler (from 2 to 12 persons) or groups of Travelers (from 12 persons) and/their Hand Luggage by Water Taxi, including boarding and disembarking for the standard duration of one hour calculated from the water taxi pier where the Traveler embarked and/or to a water taxi pier where the Traveler disembarked


person operating and driving the Watertaxi as an employee of Watertaxi Hoorn, or on behalf of Watertaxi Hoorn

Rental Agreement:

the agreement whereby Watertaxi Hoorn (hereinafter referred to as the lessor) undertakes towards third parties to lease the Watertaxi and/or Fluisterboot to third parties (hereinafter referred to as the Renter) and the Renter agrees to abide by these General Terms and Conditions

Transportation Agreement:

the agreement whereby Watertaxi Hoorn undertakes vis-à-vis the Principal to provide canal transportation and/or water taxi transportation

Water cab:

the vessel used by Watertaxi Hoorn in performance of the Transportation Agreement and/or Rental Agreement

Water cab Hoorn:

The legal entity Watertaxi Hoorn B.V., registered with the Chamber of Commerce in Alkmaar under number 37100323, having its office at Schuijteskade 21, 1621 DE in Hoorn. This location is considered the boarding location unless otherwise agreed upon in the transportation and/or rental agreement

Water taxi jetty:
any berth at which a Passenger may board and disembark from a Water Taxi

Water taxi transportation:

transportation of a Passenger and/or Groups of passengers and his/her Hand Luggage by Water Taxi, including boarding and disembarking from a water cab jetty in the Hoorn inner and/or outer harbors.

Article 2 – Transportation Agreement

2.1 The Transportation Agreement comes into effect as soon as the Customer accepts an offer made by Watertaxi Hoorn to enter into that agreement

2.2 Unless otherwise agreed, the Transportation Agreement ends immediately after the Passenger disembarks at the Water Taxi Piers agreed to be the final destination under the Transportation Agreement

2.3 These General Conditions shall apply to any Transportation Agreement. They also apply to the Traveler who is not a Client, except for those provisions that relate exclusively to the Client

2.4 Watertaxi Hoorn is entitled to make intermediate stops during a trip, for example to board or disembark other Passengers

2.5 The Transportation Agreement and these General Conditions are governed by Dutch law

Article 3 – Obligations Watertaxi Hoorn

3.1 Watertaxi Hoorn must transport the Passenger carefully and safely.

3.2 If Watertaxi Hoorn discontinues Water Taxi services in whole or in part, it must inform the Passenger as soon as possible, if possible giving reasons, the measures to be taken and the possible duration of the delay.

Article 4 – Traveler’s obligations

4.1 Each Passenger must follow any reasonable directions or instructions given to him by Watertaxi Hoorn, both during the trip and when embarking and disembarking. These directions or instructions may also be given by the Skipper on behalf of Watertaxi Hoorn

4.2 If Watertaxi Hoorn designates a particular seat in the Watertaxi before or during the journey, the Passenger is obliged to sit in that seat

4.3 Traveler is obliged to refrain from:

(a) improper conduct aboard the Water Taxi and/or on the Water Taxi jetty including,

(b) without being limited thereto, dangerous behavior, obstructing the Skipper,

Harassment, threats, contamination and damage to the Water Taxi or the

Water taxi jetty;

(c) conduct that interferes with or prevents the proper performance of the Transportation Agreement;

(d) the consumption of alcoholic beverages aboard the Water Taxi, unless with

express permission of Watertaxi Hoorn;

(e) carrying and/or using narcotics aboard the Water Taxi;

(f) the use of smoking materials on board the Water Taxi, electronic cigarettes and the like

included, except with the express permission of Watertaxi Hoorn.

4.4 The Passenger is obliged to compensate Watertaxi Hoorn for any damage caused by him or his Hand Luggage to Watertaxi Hoorn, except to the extent that such damage was caused by a circumstance which a prudent traveler could not have avoided and to the extent that such a traveler could not have prevented the consequences thereof. The Passenger cannot free himself from this liability by invoking the quality or a defect of his Hand Luggage

Article 5 – Payment

5.1 In consideration of the performance of the Transportation Agreement, the Customer shall owe Watertaxi Hoorn the fare agreed upon in advance

5.2 Unless expressly agreed otherwise, the Customer must pay the fare to Watertaxi Hoorn before the trip commences and for the agreed number of persons. Watertaxi Hoorn only accepts payments in Euros, pin or gift certificates issued by Watertaxi Hoorn

5.2.1 Gift certificates issued by Watertaxi Hoorn represent a value equal to the fare of a Canal Cruise for passengers (2 to 12 persons) or groups of passengers (12 persons or more). Gift certificates are not redeemable for contact money. If after using the gift certificate a residual value remains of two or more round trips then this residual value (expressed in a number of round trips) will be noted on the gift certificate by the Skipper

5.3 Payments on board the Watertaxi must be made in cash or by electronic means of payment accepted in the Netherlands. Cash payments should be made in exact change whenever possible

5.4 Watertaxi Hoorn may refuse an offer to pay in coins if the number of coins is so large that counting them causes undue delay in the opinion of Watertaxi Hoorn

5.5 In the event that Watertaxi Hoorn and the Customer have agreed that the fare will be invoiced by Watertaxi Hoorn, the payment term is: 14 days from the invoice date

5.6 If the Customer is a consumer and he fails to comply with his payment obligations he will, after Watertaxi Hoorn has granted him a period of 14 days to still comply with those obligations, after the expiry of that period he will owe statutory interest as referred to in Article 6:119 of the Dutch Civil Code on the amount due. Watertaxi Hoorn shall in such case also be entitled to compensation for extrajudicial collection costs, calculated in compliance with the Decree on Compensation for Extrajudicial Collection Costs

5.7 If the Customer acts in the exercise of a profession or business and fails to comply with its payment obligations, Watertaxi Hoorn is entitled to compensation of the extrajudicial collection costs, which in that case, in deviation from the provisions of Article 6:96(4) of the Dutch Civil Code and in deviation from the Compensation for Extrajudicial Collection Costs Decree, will be set at an amount equal to 15% of the principal sum with a minimum of € 75 for each invoice that remains unpaid in part or in full

Article 6 – Termination or cancellation Transport Agreement.

6.1 If the Passenger causes such a nuisance that Watertaxi Hoorn cannot reasonably be required to (continue to) perform the Transport Agreement, Watertaxi Hoorn may immediately discontinue the ride, or refuse to perform it, and thus terminate the Transport Agreement, without owing the Principal – or if the Passenger is not a Principal: to the Passenger – any compensation. Watertaxi Hoorn may in that case order the Passenger to leave the Watertaxi at the nearest Watertaxi jetty immediately

6.2 In the event of early termination of the Transportation Agreement, as referred to in Article 6.1, the Principal shall owe Watertaxi Hoorn the price for the entire trip up to and including the agreed final destination, without prejudice to Watertaxi Hoorn’s other rights

6.3 The Customer may waive the trip ordered from Watertaxi Hoorn prior to commencement.

a) In case of cancellation after the final confirmation, client is always obliged to pay € 25,- administration fee

b) In case of cancellation 6 weeks before sailing date, client is obliged to pay 10% of the total price

c) In case of cancellation 6 to 2 weeks before the cruise date, client is obliged to pay 25%

d) In case of cancellation 2 to 1 weeks before the cruise date, client is obliged to pay 50%

e) In case of cancellation 7 to 2 days before the cruise date, client is obliged to pay 75%

f) In case of cancellation within 48 hours prior to the cruise date, client is obliged to pay 100%


(g) Cancellation can only be made in writing

If Watertaxi Hoorn suffers demonstrable damage as a result, the Customer must pay it reasonable compensation. This also applies if the Passenger does not appear or does not appear at the agreed time at the place agreed with the Watertaxi Hoorn

6.3.1 Partial cancellation

(a) Reduction of the number of passengers or otherwise modification of the content of the sailing agreement shall be in writing. A reduction in the number of passengers by a maximum margin of 10% of the original number of passengers can be made free of charge up to 48 hours prior to the cruise. After the aforementioned time, the last known group size applies

b) In the event of a reduction in the number of participants greater than 10%, the cancellation provisions of Article 8 of these terms and conditions shall apply

c) Additional passengers who are not notified 48 hours prior to the cruise will be charged an additional reasonable price. The captain in office decides on the possible admission of additional passengers if the number of passengers indicated on the tender is exceeded

6.3.2 Losses due to cancellation groups.

Client must, in the event of cancellation less than 48 hours in advance, fully reimburse costs for any equipment hired by Watertaxi Hoorn

6.4 If before or during the journey circumstances arise or appear to arise on the part of the Passenger which Watertaxi Hoorn was not required to know when the Transport Agreement was concluded but which, had they been known to it, would have provided reasonable grounds for it not to enter into the Transport Agreement or to do so on different terms, Watertaxi Hoorn will be entitled to terminate the Transport Agreement and to remove the Passenger from the vehicle. This notice may be given to the Client and – if the Traveler is not a Client: to

the Passenger – and results in the termination of the Transportation Agreement as soon as the first notice is received. After such a termination, Watertaxi Hoorn and the Principal are obliged to compensate each other for the resulting damage according to standards of reasonableness and fairness

Article 7 – Hand Luggage

7.1 Each Passenger is responsible for their own Hand Luggage. Hand luggage must be properly and securely packed

7.2 Watertaxi Hoorn may refuse carriage of baggage which by its nature is (potentially) a nuisance, dangerous, harmful, polluting, prohibited or on any other reasonable ground not desirable aboard a Watertaxi. The passenger must remove refused luggage from the Water Taxi jetty at his own expense and risk and keep it removed therefrom

7.3 Watertaxi Hoorn is obliged to use reasonable care to prevent Hand Luggage from being lost or damaged

Article 8 – Lost property

8.1 Watertaxi Hoorn cannot be held liable for theft or loss of private property

8.2 The Passenger is obliged to immediately hand over to Watertaxi Hoorn any object or sum of money found by him on the Watertaxi jetty or aboard the Watertaxi. Watertaxi Hoorn will provide the Passenger with a certificate of issue for that purpose. The Passenger has never had a claim for payment of finder’s fees against Watertaxi Hoorn

8.3 Watertaxi Hoorn is authorized to sell or destroy an item found by the Skipper or another and surrendered to it as soon as three months have elapsed from the day of surrender or to destroy it immediately if the item is not suitable for safekeeping or sale. For items that Watertaxi Hoorn estimates have a value in excess of €500, Watertaxi Hoorn will observe a twelve-month retention period in this regard

8.4 If the person entitled claims the found object or the proceeds of its sale, Watertaxi Hoorn may charge him the storage fee and administration costs due

Article 9 – Force majeure

9.1 A failure in the performance of the Transport Agreement cannot be attributed to Watertaxi Hoorn if it is not due to its fault and is also not for its account by virtue of the law, legal act or generally accepted practice (force majeure). If Watertaxi Hoorn cannot perform the Transportation Agreement due to weather conditions, that is always a case of force majeure, as referred to in the preceding sentence

9.2 If Watertaxi Hoorn is unable to perform the Transportation Agreement due to force majeure, both the Principal and it may immediately terminate that agreement. Watertaxi Hoorn shall in such case refund any amounts paid in advance by the Customer as soon as possible

9.3 In the event of force majeure, neither the Principal nor the Passenger is entitled to compensation, by Watertaxi Hoorn, for any damages.

Article 10 – Liability Watertaxi Hoorn

10.1 Watertaxi Hoorn will be liable for damages caused by death or injury to the Passenger as a result of an accident that happened to the Passenger in connection with and during transportation. Watertaxi Hoorn is not liable if the accident was caused by a circumstance which a diligent carrier could not have avoided and to the extent that such a carrier could not have prevented the consequences thereof

10.2 The compensation which Watertaxi Hoorn may be liable to pay in a case referred to in Article 10.1, first sentence, will always be (a.) limited to the amount paid in the relevant case under the applicable liability insurance policy, plus, where applicable, the amount of the deductible not borne by the insurer or b.) if for any reason no payment should be made under this insurance, limited to a maximum amount of €50,000 per Traveller with a maximum of €500,000 per event

10.3 Watertaxi Hoorn is liable for damage caused by total or partial loss or damage to the Hand Luggage to the extent such loss or damage occurred during transport and was caused:

(a) due to an accident occurring to the Passenger which is the responsibility of Watertaxi Hoorn; or

(b) by a circumstance which a diligent carrier could not have avoided and to the extent that such carrier could not have prevented the consequences thereof. The compensation that Watertaxi Hoorn may owe in the event of loss or damage to Hand Luggage is limited to an amount of €1,500 per Passenger

10.4 Watertaxi Hoorn shall in no event be liable for damages suffered by a Passenger during or as a result of his stay on the Watertaxi jetty, including the footbridge connecting the Watertaxi jetty to the mainland shore

Article 11 – Complaints

11.1. Any complaints should be submitted in writing (e-mail) to Watertaxi Hoorn no later than 2 days after the cruise

11.2. Complaints made verbally or later than 2 days after the cruise will not be considered. If desired, the client may request a complaint form from the guide or skipper on duty

11.3. Notwithstanding the provisions of the preceding paragraphs, any complaints about the catering should be made directly at the time and explicitly to the catering staff

Article 12 – Privacy

Watertaxi Hoorn records client data; in particular, email addresses are included in an address file. This file can be used to communicate promotions, arrangements, etc., via email. Watertaxi Hoorn acts according to the Personal Data Protection Act and client data will not be provided to third parties. If the client does not wish this, he can notify Watertaxi Hoorn in writing. If the client does not indicate that recording of data is not desired, Watertaxi Hoorn assumes that the client agrees to the recording of the data

Article 13 – Security

13.1 Client must at all times follow the instructions of Schipper

13.2. If instructions are not followed, the Skipper on duty or employees of Watertaxi Hoorn has the right to abort the cruise. Client cannot then claim any reduction in the amount stated in the agreement

13.3. If persons sailing along who cannot swim must be notified prior to sailing. Children under 6 years of age and persons unable to swim are required to wear a life jacket on board at all times

13.4. If more persons than previously specified wish to join a group cruise, if the maximum number of passengers allowed on the boat is exceeded, the skipper may refuse the excess and/or hire an additional vessel to transport them in consultation with Client, the cost of which will be charged to Client

Article 14 – Rental agreement

14.1 At the commencement of the rental period, Landlord shall deliver the Leased Property to Tenant. It will be in good condition and will be capable of serving the use for which it is intended. The landlord will always check before departure that the inventory is complete

14.2 The Tenant shall use the Rented Property with due diligence, or good skipper, and in accordance with its intended use. Tenant shall not make any changes to the leased property. Tenant shall not, without Landlord’s written consent, surrender the Leased Premises for use, either in whole or in part

14.3 At the end of the rental period, the Tenant shall hand over the Subjects to the Landlord at the agreed time and place in the same condition in which he received them

14.4 For damage to or loss of the Rented Property or inventory, the Renter shall be required to reimburse all costs reasonably necessary to repair the damage and/or repurchase the lost inventory

14.5 Unless there is damage or loss as referred to in 14.6, the cost of normal maintenance and repair of defects shall be borne by Landlord. Tenant always needs landlord’s permission to have repairs done. Repairs authorized by landlord will reimburse landlord if itemized bills are presented

14.6 The Tenant shall be liable for any damage caused by him and/or any of the co-occupants to third parties during the time he has possession of the Subjects, without prejudice to the provisions of 14.5, unless the Tenant can prove that damage was not caused by him or any of his co-occupants

14.6 The renter shall be liable for damage to and loss of the rented object to the extent not covered by insurance, occurring during the time he has the rented object in his possession, without prejudice to the provisions of 14.5, unless the renter can prove that damage and loss were not caused by him or any of his co-occupants. The landlord cannot be held liable for any injury (accident), theft or loss of private property

14.7 The Tenant shall immediately notify the Landlord of any fact resulting in damage that the insurer may need to know. Tenant shall comply with Landlord’s instructions

14.8 The Tenant may, if the Landlord fails to fulfill its obligations under this contract, consider the contract to be rescinded without court intervention; the Landlord shall not be obliged to refund amounts already paid

14.9 Tenant shall be in default if it fails to pay the rent by the due dates or fails to fulfill its obligations under this agreement. In addition to claiming fulfillment and/or damages, the landlord may, without the intervention of the court, consider the contract terminated and take immediate possession of the rented property

14.10 If the rented object is returned to the agreed place later than the agreed time, the landlord may claim damages as a result of income lost as a result or charge the tenant for the additional rental time

14.11 The landlord as owner has the right at all times, without giving reasons, to unilaterally dissolve the lease. Refund of any fees paid in advance by Tenant will be by agreement between Landlord and Tenant

14.12. Maximum number of people in the rental vessel: Water cab (12 people) / Whisper boat (8 people)

14.13 The minimum age of renter is 18 years, with the exception of sloops. Here, the minimum age is 21. Legitimation is by means of a Dutch passport, Dutch identity card, Dutch driving license or moped license (cat. AM)

14.14 Costs directly related to the use of the rented property such as harbor, bridge, quay, lock and mooring fees shall be borne by the tenant

14.15. If the rented property is not handed over by the tenant in the same condition in which he received it, or if he has not acted in accordance with these conditions, the landlord is entitled to restore the rented property to the condition in which it was at the start of the rental period at the tenant’s expense

14.16 The tenant is not allowed to participate with the rented object in competitions and/or to tow other vessels

14.17 It is not permitted to prepare food or beverages in the rented premises by means of a heat source

14.18 Upon return to the office of Watertaxi Hoorn, the rented object must be returned broom clean

14.19 When renting the Watertaxi and/or Fluister Boat, €250 deposit must be paid in cash. This deposit will be returned to you after you have returned the sloop and it has been checked for damage or missing inventory by the rental company. The deposit is not deducted from the rent

14.20 Individual deviations, including additions or extensions, to this Lease Agreement must be in writing.

Article 15 – Applicable law and competent court

15.1 These conditions and all agreements concluded under these conditions are governed exclusively by Dutch law

15.2 Any disputes arising from these terms and conditions and agreements concluded under these terms and conditions shall be submitted exclusively to the competent court in the district of North Holland