Article 1 legal relationship
The legal relationship between Celis-T'Seyen BV, (hereinafter referred to as Arruno Exploration), with registered office at Stationlei 10, 2288 Bouwel, BE0478.824.662, represented by Mike Celis and the customer, is governed by these general terms and conditions, the specific terms and conditions (our sailing trips), the order form, the invoices and any special terms and conditions (hereinafter collectively referred to as 'the Agreement'). The Agreement nullifies and replaces all written or oral contracts, proposals and undertakings relating to the same subject matter that would have preceded the date of this Agreement. The Agreement has priority over the customer's general and/or other terms and conditions, even if they stipulate that they are the only ones. Deviations from the Agreement are possible only with Arruno Exploration’s prior and written consent. Arruno Exploration reserves the right to amend the provisions of the Agreement.
Article 2 parties
If the Signatory and the Participant are not the same persons, the Participant should co-sign this Agreement for acknowledgement and agreement. Failing this, the Participant may be denied embarkation for the trip. The Signatory and the Participant are jointly and severally responsible for fulfilling the obligations of the Signatory and the Participant under this Agreement.
In each case, the Signatory, vis-a-vis the Participant, ensures compliance with the obligations under this Agreement.
A Participant's participation in the Trip is strictly personal. Neither the Signatory nor the Participant can replace a Participant with another person without Arruno Exploration’s prior and written agreement.
Article 3 object
Arruno Exploration's services consist of offering sea trips as described on the website www.arruno-exploration.be, hereinafter referred to as 'the Trip' on board a private or chartered sailing yacht, hereinafter referred to as 'the Vessel' if necessary in combination with on-board training.
Participation in training before or during the Trip, referred to as 'the Training', is only possible if and insofar as an agreement has been reached on this between Arruno Exploration and its partners, if any, to organise the Training by signing a separate Training Agreement.
Article 4 right of withdrawal
Cancelling a trip is not always without cost. There is no right of withdrawal. Once your Trip has been booked and confirmed by Arruno Exploration, you are bound by the Agreement.
Article 5 cancellation by Arruno Explorations
Arruno Explorations has the right to cancel the Trip up to 30 days before the Departure Date if there are insufficient bookings or as a result of cancellations resulting in insufficient participants for the Trip (check your trip on the website), or until the Departure Date if, in the opinion of Arruno Explorations or the Captain of the Vessel, hereinafter referred to as 'the Captain', the Trip cannot be executed or modified without serious delay, additional costs or concessions to the safety and health of the Vessel and those on board due to an external event or circumstance (including but not limited to illness or death of the Captain or a crew member, unavailability of the Captain or crew member for a serious reason, damage to the Vessel that cannot be repaired at sea, lack of certificates necessary to carry out the Trip, or other circumstances such as hostilities, riots, terrorism, epidemics, lockdown, quarantine, natural disasters or bad weather).
In the event of a cancellation for any of the aforementioned reasons, Arruno Exploration will not owe any compensation, but will only be obliged to refund the Price to the extent already paid, less an amount of €250 per Participant to cover administrative costs.
In the event of cancellation by Arruno Exploration for any other reason, Arruno Exploration will refund the Trip in full to the extent already paid. In no event shall Arruno Exploration be liable for liability in excess of the Price.
Article 6 cancellation by the Signatory or Participant
The Participant may cancel their participation in the Trip by written notice in accordance with Article 15 under the following conditions:
- The Signatory and the Participant have a 24-hour reflection period (counting from the signing of the Agreement by the Participant) within which they can cancel participation in the Trip free of charge. In case of cancellation of participation after the expiry of the aforementioned reflection period, cancellation fees will be payable, the amount of which will depend on the date of cancellation as set out below:
- Up to 90 days before Departure Date: 50% of the Price;
- Up to 60 days before the Departure Date: 60% of the Price;
- Up to 30 days before the Commencement Date: 80% of the Price
- Until Departure date: 100% of the Price.
Arruno Exploration is entitled to deduct the cancellation fees due from the Price to be refunded by Arruno Exploration to the extent already received by Arruno Exploration. If the cancellation fees are less than the sums received by Arruno Exploration in payment of the Price, Arruno Exploration will refund the difference no later than 14 days from the date of cancellation by the Participant. If the cancellation fees exceed the sums received by Arruno Exploration in payment of the Price, the Participant shall pay the difference to Arruno Exploration no later than 14 days from the date of cancellation.
If, for reasons as described in the first paragraph of Article 5, the Price is increased by at least 10% due to changes in the situation, the Participant has the right to cancel the agreement free of charge within ten days of receiving such notice.
Article 7 the Price
The price (the "Price") for participating in the Trip during an Inspire Trip and a Sailtraining trip can be found on the page of the trip itself.. All changes in the formulas, conditions and price can only be found on this page and will be communicated in no other way. Rates are inclusive of VAT for the Inspire Trips.
The price (the "Price") for participating in the Trip during a Grow Trip can be found on the page of the trip itself and are always exclusive of VAT. Formulas, terms and conditions and price are listed in the description of the trip in question.
Article 8 payment
Arruno Exploration will invoice the Price to the Participant as follows: The participant receives his invoice at the time of booking and the deposit is settled by Trekksoft and Payyo. 60 days before Departure date, the participant must settle his remaining amount.
The participant reserves his trip through Trekksoft's software. Payment is made through Trekksoft's software and Payyo's connected payment system or the Participant shall pay the invoices by bank transfer to Arruno Exploration's bank account as stated on the invoices within 14 days following the date of the invoice. The Participant has no right to suspend their payment obligations.
If the Participant fails to pay one of said invoices for whatever reason, Arruno Exploration is entitled to consider the non-payment as a cancellation by the Participant or the Participant on the date by which the invoice should have been paid at the latest, in which case Arruno Exploration may charge cancellation fees in accordance with the provisions of Article 6.
In the event of late payment of the amount due, the amount shall automatically and without prior notice be increased with interest amounting to 1% per month, each month started being considered as having expired and a fixed compensation amounting to 15% on the amount due, with a minimum of €25.
Where the Price does not include the on-board cash, the Participant is obliged to pay the on-board cash to the Captain. The captain and crew are free of contribution to the on-board cash.
If, upon settlement, a dispute arises over the amount due or the determination thereof requires a calculation that cannot be performed promptly, this does not suspend the Participant's payment obligation.
All costs of collection owed by the Participant, judicial as well as extrajudicial, shall be borne by the Participant.
Article 9 travel changes
Arruno Exploration reserves the right to alter the Trip due to any event or circumstance which, in the opinion of Arruno Exploration or the Captain, makes an adjustment, interruption or discontinuation of the Trip desirable or necessary, including but not limited to rescue or attempted rescue of life and property at sea, illness or accident on board, disembarkation of a seafarer at their request or at the instruction of the Captain, damage to the Vessel that cannot be repaired at sea, compliance with instructions of competent authorities or the Vessel's insurers, hostilities, disturbances, terrorism, epidemics, quarantine, lockdown, piracy, natural disasters or the threat thereof, icebergs, pack ice, bad weather and other circumstances which in the opinion of Arruno Exploration or the Captain may jeopardise the safety of the Vessel or crew.
Arruno Exploration is entitled to replace the Vessel with another sailing yacht of similar size.
Neither Arruno Exploration nor the Captain nor any other appointee of Arruno Exploration can be held liable for the consequences of delay, interruption or discontinuation of the Trip, including but not limited to unforeseen travel and accommodation expenses of the Participant except as provided below: shortening of the duration of the Trip by more than 3 days: restitution to the Participant of an amount of €100 per day multiplied by the number of days by which the Trip is terminated earlier than 3 days before the Date of Arrival.
Article 10 liability
The Participant confirms by signing this Agreement to be sufficiently informed about the risks of participating in a sailing trip at sea including but not limited to seasickness, physical injury, hypothermia, drowning and damage to or loss of objects. The Participant's participation in the Trip is at their own initiative and risk.
Neither the Vessel, nor Arruno Exploration, nor the Captain shall be liable for any injury, damage or loss sustained by the Participant on board the Vessel or ashore due to any event, act or default except in the cases and within the limits expressly provided for in mandatory provisions of applicable law and subject to their rights to limit any liability in accordance with the provisions of applicable law.
In case of liability of the Vessel, Arruno Exploration or the Captain, it shall not exceed the Price unless mandatory applicable provisions provide for higher amounts.
Arruno Exploration stipulates all legal and contractual means which it can invoke for exemption or limitation of liability towards the Signatory and/or Participant also for the benefit of the directors, manager and employees of Arruno Exploration and of the owner, Captain and other crew members of the Ship or other sailing yacht used for the execution of the Agreement.
Neither the Signatory nor the Participant can be held liable for any injury, damage or loss inflicted on persons and property, including the Vessel, unless caused by any fault or default of the Participant, including but not limited to any reckless or intentional act of the Participant or failure to follow the instructions of the Captain.
Article 11 rights and obligations
- The Participant must hold an international passport or identity card during the Trip if not leaving the European Union in their name which is valid until at least 6 months after the Date of Arrival. If the Participant needs a visa to visit a port or other place, they will apply for it in good time and have it with them during the Trip. At least two weeks before the Departure Date, the Participant shall provide a legible photocopy of passport and visa to Arruno Exploration, failing which Arruno Exploration may refuse the Participant's embarkation for the Trip. All costs for obtaining a passport or visa and costs due to violation of immigration regulations by the Participant shall be borne by the Participant.
- The Participant confirms by signing this Agreement to be sufficiently informed that (i) because of the movements of the Vessel, the operations to be carried out on board, and possible bad weather conditions, participation in a sailing trip at sea requires a good physical and mental condition of those on board, and (ii) because of the position and speed of the Vessel during the Voyage, an intervention, treatment or hospitalisation may be considerably complicated or delayed.
- The Participant agrees that if the Participant seeks or, in the opinion of the Captain, needs medical assistance but is unable to seek it, the Captain may, at the Participant's expense and risk, call on onshore care workers for operations or treatments which, in the opinion of the Captain, cannot be performed on board.
- The Participant undertakes to disclose their known physical and mental ailments and limitations to Arruno Exploration before the start of the Trip and to the Captain during the Trip.
- No later than 14 days after the Date of Agreement, the Participant shall deliver to Arruno Exploration in a sealed envelope a fully and correctly completed and signed health declaration according to the model in Appendix 3 to the Agreement ("Health Declaration"). If, after sending the health declaration to Arruno Exploration, the Participant encounters a condition or disability that they were not suffering from at the time of sending their first health declaration, the Participant will provide a supplementary health declaration by email or letter to Arruno Exploration as soon as possible.
- If Arruno Exploration deems it necessary to refuse the Participant's participation in the Trip after receipt of the health certificate or a subsequent supplementary health certificate from the Participant, Arruno Exploration will notify the Participant by email or letter within 14 days of receipt of the relevant certificate in which case such refusal will have the same consequences as a cancellation by the Participant of their participation in the Trip on the date of notification of the refusal by Arruno Exploration in accordance with the provisions of Article 6 ("cancellation by the Signatory or Participant").
- Arruno Exploration and the Captain are entitled to refuse embarkation of the Participant without obligation to refund the Price or pay any compensation if Arruno Exploration or the Captain are of the opinion that the Participant does not have the physical and mental condition to participate in the Trip at the time of embarkation or if Arruno Exploration has not received a completed and signed health certificate from the Participant.
- In addition, Arruno Exploration and the Captain, without obligation to refund the Price or pay any compensation, are entitled to refuse embarkation of the Participant who is unable to present a negative PCR or TMA COVID-19 test (test taken no earlier than 72 hours prior to embarkation), who confesses to being infected by COVID-19 or any other virus or bacteria.
- If the Participant requires special medication, they will inform the Captain of this at the start of the Trip. The Participant will have to ensure that they bring a sufficient quantity of this medication as well as medication against seasickness.
- The Participant will follow Arruno Exploration's reasonable recommendations regarding the size and contents of their personal luggage for the Trip with a view to the safety and comfort of all those on board. The Captain may refuse baggage which, in his judgement, may compromise the safety of the Ship or the comfort of those on board. The use of suitcases, hard travel bags or boxes for transferring or storing luggage will not be allowed due to lack of space and risk of damage to the Vessel and other items.
- Neither Arruno Exploration nor the Captain can be held liable for damage or loss of fragile items or items of value such as but not limited to cash, securities, jewellery, artefacts and electronic devices such as laptops, tablets and smartphones.
- Strangers, animals, alcohol, drugs, illegal and dangerous products:
- The Participant shall not bring or allow strangers or animals on board the Vessel without the Captain’s prior consent.
- The possession, transport, use or distribution of alcohol is not allowed without the Captain’s prior consent.
- The possession, use, transport or distribution of weapons, drugs (of any kind), illegal or dangerous goods on board the Vessel or in any place visited by the Vessel during the Trip are prohibited. Any violation will be reported to the relevant authorities.
- Without prejudice to the above, the Participant will have to comply with the laws and regulations (including customs rules) applicable on board and in the territory and waters of countries visited during the Trip.
- The Participant who violates these rules is liable for all consequences including but not limited to fines, confiscation, detention or delay of the Vessel. The Captain is entitled to confiscate weapons, drugs (of any kind), illegal or dangerous goods found on board and to remove them from board or have them removed.
- Follow-up instructions and guidelines:
- The Captain exercises authority over the Vessel and its crew. The Participant shall strictly follow all instructions and guidelines of the Captain regarding order, safety, welfare and health on board, the nautical and technical management of the Vessel, compliance with applicable laws and protection of the environment as well as the non-exhaustive list of guidelines contained in Annex 2 to this Agreement ("Safety on Board"). Participation in the Trip requires active cooperation of the Participant with other sailors under the guidance of the Captain. Among other things, those on board, including the Participant are expected to help with mooring and docking the Vessel, rigging and unrigging the Vessel, cleaning the cabin and common parts of the Vessel, preparing meals and clearing up, washing up, drying and storing plates, cutlery, pots and pans.
- This cooperation does not entitle the Participant to a Price discount, any concession or compensation and does not confer the status of a crew member on the Participant.
Article 12 insurance and indemnification
As the liability of the Vessel, Arruno Exploration, the Captain and appointees of Arruno Exploration vis-a-vis the Participant and third parties is limited under the Agreement and the provisions of applicable law, the Participant remains exposed to risks that remain for their account without adequate insurance. Arruno Exploration is not responsible for taking out liability, cancellation, travel, repatriation, health or accident insurance for the Participant nor for the costs incurred by the Participant in taking out such insurance.
The Participant indemnifies Arruno Exploration, the Captain and appointees of Arruno Exploration against all claims by the Participant or third parties if and to the extent that Arruno Exploration, the Captain or appointees of Arruno Exploration are liable vis-a-vis the Participant or third parties for more than Arruno Exploration would be liable vis-a-vis the Participant with due regard for all legal and contractual means of exoneration or limitation of liability vis-a-vis the Participant.
Article 13 early termination of the Trip
If the Participant wishes to terminate their participation in the Trip early and leave the Vessel at a port other than the Port of Arrival for any reason including but not limited to personal or medical reasons, delay or other change in the Itinerary, they shall notify the Captain. The Captain will consult with the Participant on the possibilities of an early disembarkation either at the next scheduled port of call or at another unscheduled port of call, without compromising the safety of the Vessel and those on board. Any additional costs resulting from a deviation of the Itinerary at the Participant’s request, such as but not limited to additional fuel and port charges, shall be borne by the Participant. Under no circumstances will Arruno Exploration refund the Price or any part thereof in the event of early termination by the Participant.
Nor is Arruno Exploration liable to refund or pay any compensation if, for any reason whatsoever, the Participant is not on board at departure from the Port of Departure or from any other port of call during the Trip despite the Captain's instructions.
Article 14 exclusion of the Participant
Arruno Exploration and the Captain are entitled to exclude a Participant from participation or further participation in the Trip and to disembark the Participant at a port other than the Port of Arrival, in case of illness, injury, mental problems, inappropriate behaviour, use or influence of drugs and/or alcohol while sailing, failure to comply with any of the obligations set out in this article or any other serious failure by the Participant to comply with their obligations under the Agreement or safety guidelines, or in the event that, in the opinion of Arruno Exploration or the Captain (without prejudice to the right to contest such opinion thereafter before the competent court), the presence of the Participant on board compromises the welfare of those on board or the safety of the Vessel and those on board.
Any additional costs resulting from a deviation of the Itinerary for the purpose of early disembarkation of the Participant, such as but not limited to additional fuel and port charges, shall be borne by the Participant.
In no event shall Arruno Exploration be liable to refund the Prize or any part thereof or to pay any other compensation in the event of non-embarkation or early disembarkation of the Participant for any of the aforementioned reasons.
To the extent that pursuant to a final judgement of the competent court it may be judged that Arruno Exploration or the Captain was not entitled to exclude the Participant from participation or further participation, Arruno Exploration shall only be liable to repay the Price in the event of exclusion at the commencement of the Trip or, in the event of disembarkation during the Trip, a portion of the Price pro rata temporis corresponding to the remaining duration of the Trip from the date of disembarkation to the scheduled Arrival Date.
Article 15 miscellaneous provisions
- Consequences of void provisions
- In case of nullity of a provision or part of a provision in the Agreement, such provision or part shall be replaced, to the extent it is null and void, by a valid provision or part that comes closest to the intention of the parties, as evidenced by the null and void provision. A void provision does not affect the validity of the Agreement.
- Non-transferability of the agreement
- The Agreement is not transferable to a third party except with Arruno Exploration’s prior written consent.
- Personal data protection
- The data provided by the Signatory or the Participant will be included in Arruno Exploration's file. These data will be used for the purpose of conducting information or promotional campaigns in connection with the Trips offered by Arruno Exploration and/or within the framework of the contractual relationship between the Signatory or Participant and Arruno Exploration.
- Neither Arruno Exploration nor the Captain shall disclose the personal data of the Signatory and the Participant to third parties except and to the extent useful or necessary in the framework of the execution of the Agreement, compliance with laws and regulations applicable on the Vessel and in the ports of call during the Trip, for the purpose of medical intervention or treatment, in case of illness or accident, or in the framework of the handling of a dispute concerning the Agreement.
- If requested, the data of the Signatory and Participant will be removed from Arruno Exploration's file on completion of the Trip and/or termination of the Agreement. The Participant's Health Declaration(s) will be destroyed on completion of the Trip and termination of the Agreement.
- Arruno Exploration will endeavour to take all reasonable technical and organisational measures to protect and secure the data against accidental or unauthorised destruction, against accidental loss, as well as against alteration of or access to, and any other unauthorised processing of personal data, taking into account the state of the art. Data that are no longer needed or useful will be deleted.
- The Signatory and the Participant can always request access to, rectification, deletion or transfer of their data and oppose the use of data for direct marketing. This request is free of charge except if within a period of six months a request or a request for additional copies has already been formulated by the Signatory or the Participant, in which case Arruno Exploration is entitled to charge a reasonable fee based on the administrative costs resulting from the new request. Further information can be found in the Privacy Statement of Arruno Exploration, can be obtained via Arruno Exploration and the Data Protection Authority to whom the Signatory or the Participant always has the right to submit a complaint.
- Photo, video and other visual material of the participant may be used at any time by Arruno Exploration in all facets of social media and the internet. If the participant does not agree to this, for whatever reason, they must notify Arruno Exploration in writing before the start of the trip.
- Applicable law and competent court
- This Agreement is governed by Belgian law, and Belgian Courts have exclusive jurisdiction.
- Written notifications
- Written notices under this Agreement shall be given by email, and failing receipt within 24 hours of an acknowledgement that the email has been received or read by the other party, by registered mail.
By signing the Agreement, the Participant and Participant confirm that they have read, fully understand and, agree to all the terms and conditions of the Agreement.
Thus agreed and signed for acknowledgement and agreement on the Date of Agreement at Bouwel on 14 May 2021
On behalf of and for the account of Arruno Exploration:
Appendix 2: Arruno Exploration health statement