Terms & Conditions
General terms and business conditions of AKCS BV.
1. The present General Terms and Business Conditions (GTBC) of AKCS BV are applicable to all agreements with, offers from and deliveries by AKCS BV. All other general enterprise condi-tions, order conditions or general conditions of purchase or sale that are in contradiction with or deviate from these GTBC will not apply.
The present GTBC are drawn up in the Dutch language. A free English translation has been made up in order to allow non Dutch speaking customers to have sufficient knowledge of the GTBC. Only the Dutch text of the GTBC will be applicable and binding. Translation into another language can be requested and will then be made up and provided at the expense of the custom-er.
The present GTBC are applicable to all activities of AKCS BV and all its branch offices, includ-ing the branch office Skyline Sailing.
2. When “consumers” are mentioned in this GTBC, this refers to natural persons who engage into a legal act for reasons that have no connection to their professional or self-employed activi-ties. The “entrepreneurs” on the other hand, are natural persons or companies with a corporate identity, engaging themselves for activities related to the requirements of their commercial, self-employed or liberal business. Consumers as well as entrepreneurs are considered as “custom-ers” within the meaning of the present GTBC.
3. When entering into an agreement or submitting an application, AKCS BV is allowed to regis-ter all the client’s personal details. AKCS BV handles all personal data with the greatest care and confidentiality and will only use them for the purposes for which they were provided by the person in question. Data may be stored in one or more databases. Personal data will not be pro-vided to third parties without the consent of the party/person concerned. The person concerned has the right to inspect, modify, transfer and delete all personal data.
4. Special conditions for participation in sailing tours.
4.1 Every participant, whether subscriber or not, in a sailing trip or any other maritime or fluvial activity, organized or led by AKCS BV, will be considered to be in a good physical condition, as being fit to take part in the sailing trip or activity for which he or she was registered, to be able to swim properly and as not to be suffering from any illness or disease which hinders or could hinder/complicate or endanger the realization of the sailing trip or activity. By registering as a participant the customer gives AKCS BV the right to request a prior medical examination to check whether the customer is medically fit (fit to sail).
4.2. Minors cannot be participants in a sailing trip or activity except after subscription by a legal representative and provided they are always accompanied by an adult responsible for the minor.
4.3. Each participant declares that he or she is prepared, for the entire duration of the sailing trip or activity, to follow and comply strictly with the orders given by the captain or the crew mem-ber who replaces him or by the person in charge appointed by AKCS BV for the activity being performed.
4.4. Each participant must ensure that he/she is entitled to cross the borders of the countries visited during the sailing trip or activity.
4.5. Every participation can be suspended or cancelled during the realization of the sailing trip or activity by the captain or any crew member of the vessel with which the sailing trip is or was made or by the person in charge appointed by AKCS BV for the activity that is performed, if the participant fails to comply with the lawfully given orders or instructions, performs acts that en-danger any person on board or the vessel itself or is found in possession of weapons or narcot-ics or smokes tobacco products or similar products, without the right of reimbursement of the participation fee.
4.6. If the sailing trip or any other maritime or fluvial activity, organized or led by AKCS BV, cannot take place or be fully executed as foreseen due to force majeure/circumstances beyond control (e.g. because of negative meteorological circumstances, illness or unfitness of the cap-tain, examiner or participant, defects to the vessel or equipment to be used that cannot be re-paired immediately), an attempt will be made to set a new suitable date, without AKCS BV being liable to pay any reimbursement.
4.7. Every participant in a sailing trip or activity shall be responsible for all injury and property damage caused by his or her action both to other persons on board or participants as to AKCS BV.
4.8. Each participant, whether or not subscriber, declares to renounce any right of recourse against AKCS BV, the captain or any crew member of the vessel on which the sailing trip is or was made or against the person appointed by AKCS BV for the activity being performed, for any damage suffered during or through the sailing trip or activity, be it on account of death, injury, illness, incapacity or property damage, except in the event of willful serious misconduct.
5.1. Only the consumer/customer has a right of withdrawal within the terms described below.
5.2. The consumer/customer has the right to withdraw from the contract without giving any rea-son within a period of 14 working days from the day the consumer entered into the contract with AKCS BV. To exercise the right of withdrawal, the consumer must clearly inform AKCS BV, either in writing or by e-mail (Poekedorpstraat 65, 9880 Aalter or firstname.lastname@example.org).
5.3. When the consumer withdraws from the contract, within 14 working days of receipt of the statement of withdrawal at the latest, AKCS BV must refund any sum received in the same way as the payment was made for the original transaction, unless specifically agreed otherwise.
5.4. The right of withdrawal will not apply to contracts for the supply of goods or services ac-cording to the specifications of or adapted to the personal requirements of the customer.
6.1. The participant and/or subscriber must pay a deposit of 30 % of the registration price/fee at the time of registration by transfer to the bank account of AKCS BV. Registration will only be final and binding on both parties when the bank account of AKCS BV has been credited.
6.2. The balance of the registration fee must be paid not later than 6 weeks before the start of the sailing trip or activity by transfer to the bank account of AKCS BV. Late payment of the balance shall be considered as an irregular cancellation and shall not give a right to any refund. The sub-scriber will also be obliged to reimburse all costs already made with third parties.
6.3. Participation can only be cancelled if the participant is affected by illness or suffered an accident and immediately sends a doctor’s certificate to AKCS BV. In that case AKCS BV will be entitled to withhold half of the paid advance as a compensation and to charge all costs already made with third parties.
6.4. All payments must be received in Euro. All bank charges are to be paid by the Customer. Payments cannot be made in cash except for an amount not exceeding 10 % of the price of the sale (advance payment) and provided this amount does not exceeds €3,000.00.
6.5. In the event of non-payment of one or more invoices on the date due, the amount due will accrue a conventional interest of 10 % per year from the date due, without any prior notice of default being required. Furthermore, a fixed augmentation of 10 % of the invoice amount will be due, with a minimum of €100.
7. In the event of not respecting the date due for payment of invoices, AKCS BV reserves itself the right to suspend and/or definitively stop providing all current agreements.
8.1. Belgian law is applicable to all transactions and other legal relationships.
8.2. All disputes and controversies which cannot be solved amicably will be subject to an at-tempt at mediation by a recognized mediator in civil and commercial matters. If no agreement can be reached, the dispute can be brought before the Courts of Law located in the jurisdiction where the registered office of AKCS BV are situated.