Be sure to read our terms and conditions!
Be sure to read our terms and conditions!
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 person mentioned on the invoice or the invoice responsible party and the Participant are not the same persons, the Participant shall also be bound by this agreement. Failing this, the Participant may be refused embarkation for the trip. The person making payment or partial payment of the invoice and the Participant are jointly and severally responsible for fulfilling the obligations of the person making payment or partial payment of the invoice and the Participant under this Agreement.
In each case, the person making the payment or partial payment of the invoice shall make an undertaking to the Participant that the Participant will comply with his or her obligations under this Agreement.
A Participant's participation in the Trip is strictly personal. Neither the person making payment or partial payment of the invoice nor the Participant can replace a Participant with another person without the prior and written agreement of Arruno Exploration.
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 person mentioned on the invoice or the invoice responsible party or Participant
The Participant may cancel their participation in the Trip by written notice in accordance with Article 15 under the following conditions:
- The person mentioned on the invoice or the invoice responsible party and the Participant have a 24-hour reflection period (counting from the first payement or 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:
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 payment or partial payment to 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 person mentioned on the invoice or the invoice responsible party 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 person mentioned on the invoice or the invoice responsible party 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
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
Annex 1: Safety rules and agreements Arruno Exploration
Annex 2: Arruno Exploration health statement
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