Article 1. Definitions
- In these general terms and conditions, the following terms are used in the following meaning, unless expressly indicated otherwise.
- Hapi Egypt: the company established in Pijnacker at Anna van Saksenstraat 39, registered with the Chamber of Commerce under number 69878587, user of these general terms and conditions.
- Offer: any offer or quotation to the Client for the provision of Services by Hapi Egypt.
- Company: The natural or legal person who acts in the exercise of a profession or business.
- Consumer: the Client as a natural person who does not act in the course of a profession or business.
- Services: The Services that Hapi Egypt offers in the context of Transport and Events.
- Event: any on-site excursion or activity organized by Hapi Egypt.
- Client: The Company or Consumer that Hapi Egypt has appointed, has provided projects to Hapi Egypt for Services to be performed by Hapi Egypt, or to which Hapi Egypt has made a proposal under an Agreement.
- Agreement: any Agreement and all other obligations between the Client and Hapi Egypt, and proposals from Hapi Egypt for Services provided by Hapi Egypt to the Client and accepted by the Client and accepted and performed by Hapi Egypt, making these general terms and conditions an unbreakable form whole.
- Passenger: The natural person, not being crew members, who is actually transported by or on behalf of Hapi Egypt.
- Transport: the Hapi Egypt Service aimed at the on-site transport of the Client’s Passengers and luggage by water.
Article 2. Applicability
- These general terms and conditions apply to every Offer by Hapi Egypt, every Agreement between Hapi Egypt and the Client and every Service offered by Hapi Egypt.
- Deviation from these general terms and conditions is only possible if agreed in writing.
- The general terms and conditions of the Client are excluded.
- If one or more provisions of these general terms and conditions are wholly or partly invalid or are annulled, the other provisions of these general terms and conditions will remain in force, and the invalid/nullified provision(s) will be replaced by provisions with the same effect. as the original.
- Uncertainties about the content, explanation or situations that are not regulated in these general terms and conditions must be assessed and explained in the spirit of these general terms and conditions.
- The applicability of Articles 7:404 of the Dutch Civil Code and 7:407 paragraph 2 of the Dutch Civil Code is explicitly excluded.
- In the event that Hapi Egypt has not always demanded compliance with these general terms and conditions, it retains its right to demand compliance in whole or in part with these general terms and conditions.
Article 3. The Offer
- All offers made by Hapi Egypt are without obligation, unless expressly stated otherwise in writing. If the Offer is limited or valid under specific conditions, this will be expressly stated in the Offer.
- Hapi Egypt is only bound by an Offer if it is confirmed in writing or orally by the Client. Nevertheless, Hapi Egypt has the right to refuse an Agreement with a (potential) Client for reasons that are justified for Hapi Egypt.
- Any information in the Offer is only an indication and cannot form a ground for compensation for damage or dissolution of the Agreement.
- Offers or quotations do not automatically apply to follow-up orders.
- Delivery times in Hapi Egypt’s offer are in principle indicative and, if they are exceeded, do not entitle the Client to termination or compensation, unless expressly agreed otherwise.
Article 4. Conclusion of the Agreement
- The Agreement is concluded at the moment that the Client has accepted an Offer from Hapi Egypt or Hapi Egypt has started the actual execution of the Assignment or Agreement.
- Hapi Egypt is not bound by an Offer if the Client could reasonably have expected or should have understood that the Offer contains an obvious mistake or error. The Client cannot derive any rights from such a mistake or error.
- Only a Consumer is entitled to revocation during the statutory period of 14 days, unless Hapi Egypt has already commenced the Services with the Consumer’s consent. The Consumer waives his right of withdrawal by means of this consent.
- If the Agreement is entered into by several Clients, each Client is individually jointly and severally liable for the fulfillment of all obligations arising from the Agreement.
Article 5. Term of the Agreement
- The Agreement is entered into for the duration as stated in the Offer. The duration includes the time Passenger is on board at Hapi Egypt.
- Both the Client and Hapi Egypt can dissolve the Agreement on the basis of an attributable shortcoming in the fulfillment of the Agreement if the other party has been given written notice of default and it has been given a reasonable term to fulfill its obligations and it still fails to fulfill its obligations. then comply correctly. This also includes the payment and cooperation obligations of the Client.
- Hapi Egypt may immediately discontinue the continuation of the Service and terminate the Agreement if the Passenger causes such hindrance that Hapi Egypt cannot reasonably be expected to continue the Service.
- The dissolution of the Agreement does not affect the Client’s payment obligations insofar as Hapi Egypt has already performed work or delivered services at the time of the dissolution. The client must pay the agreed fee.
- In the event of premature termination of the Agreement, the Client will owe the costs actually incurred by Hapi Egypt until then, against the agreed fee or rate.
- Both the Client and Hapi Egypt may terminate the Agreement in writing, in whole or in part, without further notice of default, with immediate effect if one of the parties is granted a moratorium, has filed for bankruptcy with regard to the party or has been admitted to the statutory debt rescheduling scheme, or if the
the company concerned ends due to liquidation. If a situation as stated above occurs, Hapi Egypt is not obliged to refund monies already received and/or compensation for damage.
Article 6. Cancellation
- Hapi Egypt reserves the right at all times to postpone or cancel the Service or further performance of the Service, or to cancel it in whole or in part, if circumstances prevent the safe performance of the Service due to external factors, if the risks associated with the (further) performance of the Service are, in Hapi Egypt’s opinion, unacceptable, if this is necessary for reasons of order and security, or to comply with applicable laws, regulations or orders of a state or country from which, where or through which it is being sailed or because the behaviour, age, mental or physical condition of the Passenger is such, or appears to be reasonable, that Hapi Egypt cannot perform the Service. The criteria mentioned here are solely at the discretion of Hapi Egypt or the persons and parties engaged by Hapi Egypt.
- In the event that the Service does not take place on the scheduled date, no amounts will be refunded. Hapi Egypt will never owe compensation to the Client and/or Passenger. In the event of a canceled Service, the Client and/or Passenger will receive a unique code to reschedule a date.
- Bookings relating to the Transport cannot be canceled by the Client. Services relating to Events can be canceled by the Client up to 24 hours prior to the start of the Event.
Article 7. Performance of the service
- Hapi Egypt will make every effort to perform the agreed service with the greatest possible care, as may be expected of a good service provider. Hapi Egypt guarantees a professional and independent service. All Services are performed on the basis of a best efforts obligation, unless a result has been explicitly agreed in writing that is described in detail.
- The Agreement on the basis of which Hapi Egypt performs the Services governs the scope and scope of the services. The Agreement will only be performed for the benefit of the Client. Third parties cannot derive any rights from the content of the Services performed in connection with the Agreement.
- The information and data provided by the Client are the basis on which the Services offered by Hapi Egypt and the prices are based. Hapi Egypt has the right to adjust its services and prices if the information provided proves to be incorrect and/or incomplete.
- In the performance of the Services, Hapi Egypt is not obliged or obliged to follow the instructions of the Client if this changes the content or scope of the agreed Services. If the instructions result in further work for Hapi Egypt, the Client is obliged to pay for this in accordance with Hapi Egypt’s usual rates.
- Hapi Egypt is entitled to engage third parties for the performance of the Services at its own discretion.
- The performance of the Services is based on the information provided by the Client. If the information has to be changed, this may have consequences for any established planning. Hapi Egypt is never liable for adjusting the planning. If the commencement, progress or delivery of the Services is delayed because, for example, the Client has not provided requested information, has not provided it on time or in the desired format, does not provide sufficient cooperation,
If the advance payment has not been made in time or if there are other circumstances at the expense and risk of the Client, Hapi Egypt is entitled to a reasonable extension of the delivery or completion period. All damage and additional costs as a result of delay due to a cause as mentioned above are for the account and risk of the Client. 7. When transporting Passengers, Hapi Egypt will issue an individual or collective transport document. The issuance of the transport document may be replaced by the use of any other means by which the data relating to the Service are recorded. If such other means are used, Hapi Egypt will provide the Passengers with the information thus recorded in written form.
- By booking a Service, the Client and its Passengers themselves accept the risk to be carried for minor injuries (by scraping, bumping, etc.), for the loss and contamination of personal equipment, clothing, cameras, etc.
- Unaccompanied children, disabled passengers, pregnant women, the sick and other Passengers who require special assistance will only be transported with prior permission from Hapi Egypt.
Article 8. Obligations of the Client
- The Client is obliged to provide all information requested by Hapi Egypt as well as relevant appendices and related information and data in good time and/or before the start of the work and in the desired form for the correct and efficient execution of the Agreement.
- Hapi Egypt is not obliged to check the accuracy and/or completeness of the information provided to it or to update the Client with regard to the information if it has changed over time, nor is Hapi Egypt responsible for the correctness and completeness of the information compiled by Hapi Egypt for third parties and/or provided to third parties in the context of the Agreement.
- Hapi Egypt may, if necessary for the performance of the Agreement, request additional information. Failing this, Hapi Egypt is entitled to suspend its activities until the information has been received, without being obliged to pay any compensation for whatever reason towards the Client. In the event of changed circumstances, the Client must immediately inform Hapi Egypt of this.
Article 9. Passenger obligations
- Every Passenger must report at the time and location specified by Hapi Egypt. If a Passenger does not arrive on time at the agreed location, Hapi Egypt has the right to dissolve the Agreement with regard to the Passenger who has not arrived so that Hapi Egypt can perform the Service on time and without delay for the benefit of the other Passengers. The risk of non-appearance or late appearance by the Passenger is at the expense and risk of the Passenger.
- The passenger will at all times comply with the locally applicable laws and regulations and comply with instructions and directions from the competent authorities.
- Passenger and Client are furthermore bound by (reasonable) instructions and directions given by Hapi Egypt and/or its engaged third parties. This applies before, during and after the performance of the Service.
- The passenger is obliged to refrain from: (i) damaging and/or contamination of Hapi Egypt property, (ii) carrying and/or using narcotics, (iii) carrying weapons, (iv) displaying of aggressive behaviour, committing physical assault, harassing, threatening or otherwise acting
behave improperly towards employees of Hapi Egypt, Passengers, and/or third parties and (iv) hindering Hapi Egypt in any way in the performance of its duties. 5. Passenger shall inform Hapi Egypt of any allergies and/or dietary restrictions no later than 48 hours prior to the Service. Passenger is responsible for checking meals for the presence of allergens. Hapi Egypt is neither responsible nor liable for damages resulting from dietary restrictions or allergies.
Article 10. Prices and payment
- During the period of validity of the Offer, the prices of the Services offered will not be increased, except for changes in applicable VAT rates.
- The prices stated in the Offer are exclusive of VAT, unless expressly stated otherwise.
- Hapi Egypt provides its services in accordance with the agreed rate. The amount due must be credited by the Client to the known account number of Hapi Egypt no later than five days before the start of the Service.
- The Client is obliged to fully reimburse the costs of third parties deployed by Hapi Egypt after the Client’s approval, unless expressly agreed otherwise.
- The Client cannot derive any rights or expectations from a budget issued in advance, unless the parties have expressly agreed otherwise.
- Hapi Egypt is entitled to annually increase the applicable prices and rates in accordance with the consumer price index calculated by the CBS. Other price changes during the Agreement are only possible if and insofar as they are expressly laid down in the Agreement.
- In the event of liquidation, insolvency, bankruptcy, involuntary liquidation or request for payment towards the Client, the payment and all other obligations of the Client under the Agreement will become immediately due and payable.
- If the agreed payment term is exceeded, the Client owes default interest of 1% of the principal per month, as well as an amount for the extrajudicial collection costs. The latter costs amount to 15% of the principal due, with a minimum amount of EUR. 125,- excluding VAT.
Article 11. Privacy, data processing and security
- Hapi Egypt handles the (personal) data of the Client and/or Passenger with care and will only use it in accordance with the applicable standards.
- The Client is the controller with regard to the processing of personal data by Hapi Egypt. The Client also guarantees that the content of the data is not unlawful and does not infringe any rights of third parties. In this context, the Client indemnifies Hapi Egypt against any (legal) claim related to this data or the execution of the Agreement.
Article 12. Suspension and dissolution
- Hapi Egypt is authorized to suspend the fulfillment of its obligations as soon as the Client is in default with the fulfillment of any obligation arising from the Agreement, including payment obligations. The suspension will be immediately communicated to the Client in writing. Hapi Egypt is not liable for damage, for whatever reason, as a result of the suspension of the activities referred to here.
- Suspension of the execution (and/or dissolution) of the agreement does not affect the payment obligations resting on the Client. Client is will Hapi Egypt
furthermore compensate for any financial as a result of the default of the Client.
Article 13. Force majeure
- Hapi Egypt is not liable for damage as a result of non-compliance with the obligations under the Agreement in connection with force majeure.
- Force majeure on the part of Hapi Egypt includes, among other things: (i) force majeure of Hapi Egypt’s suppliers, (ii) unforeseeable shortages of fuel, (iii) defectiveness of third parties involved in the performance of the service, (iv) government measures in the Netherlands or locally (including those as a result of a pandemic or epidemic), (v) disruption of electricity, internet, data network and/or telecommunication facilities, (vi) illness of employees of Hapi Egypt or advisors engaged by it, (vii) strikes, (viii) war and social unrest in the Netherlands and/or locally and (ix) other situations that, in the opinion of Hapi Egypt, fall outside its sphere of influence that temporarily or permanently prevent the fulfillment of its obligations.
- In the event of force majeure, both Parties have the right to dissolve the Agreement in whole or in part. All costs incurred before the dissolution of the Agreement will in that case be paid by the Client. Hapi Egypt is not obliged to compensate the Client for any losses caused by such withdrawal.
Article 14. Limitation of liability
- In the event of an attributable shortcoming on the part of Hapi Egypt, Hapi Egypt is only obliged to compensate any damage suffered by the Client if the Client has given Hapi Egypt notice of default within 14 days of discovery of the shortcoming and Hapi Egypt subsequently fails to correct this shortcoming within a reasonable period of time. has recovered. The notice of default must be submitted in writing and contain such an accurate description/substantiation of the shortcoming, so that Hapi Egypt is able to respond adequately.
- Hapi Egypt’s liability is limited to what is determined by law, but only with regard to the direct damage suffered by the Client, unless the damage is the result of intent or recklessness bordering on intent on the part of Hapi Egypt. Direct damage is understood to mean: reasonable costs incurred to limit or prevent direct damage, determining the cause of damage, direct damage, liability and the method of repair.
- Hapi Egypt expressly excludes any liability for consequential damage. Hapi Egypt is not liable for indirect damage, trading loss, loss of profit and/or loss suffered, lost savings, damage due to business interruption, capital losses, delay damage, interest damage and immaterial damage.
- Notwithstanding the provisions of the preceding paragraphs, Hapi Egypt’s liability towards Companies is limited to the amount paid out by its liability insurer, where appropriate. If Hapi Egypt’s liability insurer does not pay out, the liability is limited to the amount owed by the Client for the relevant Service.
- The Client is also liable for damage to items that the Passenger has brought on board if the Client knew or should have known that Hapi Egypt would not have allowed these items on board if it had known the nature or condition.
- The Passenger is liable for damage that he or his baggage causes Hapi Egypt, except insofar as this damage is caused by a circumstance that requires careful
Passenger has not been able to avoid and insofar as such Passenger has not been able to prevent the consequences thereof. Cleaning costs are also part of the damage referred to here.
- Hapi Egypt is not liable for damage resulting from delay, if Hapi Egypt, and third parties engaged by Hapi Egypt, have taken all measures that they could have taken to avoid damage or if it was impossible to take those measures.
- The Client is obliged to compensate Hapi Egypt for the damage suffered because a Passenger to be transported by Hapi Egypt on its behalf, for whatever reason, is not present at the agreed location at a time agreed with the Client or the Passenger before departure or are.
- The Client is liable for damage suffered by Hapi Egypt because the travel documents relating to the Passenger(s), which are required on its part for transport, for whatever reason, are not properly provided at any time during the Service. present.
- Hapi Egypt does not guarantee a correct and complete transmission of the content of and e-mail sent by/on behalf of Hapi Egypt, nor for the timely receipt thereof.
- All claims of the Client due to shortcomings on the part of Hapi Egypt will lapse if they are not reported in writing and with reasons to Hapi Egypt within one year after the Client was aware or could reasonably have been aware of the facts on which it bases its claims. Hapi Egypt’s liability lapses one year after the termination of the Agreement between the parties.
Article 15. Confidentiality
- Hapi Egypt and the Client undertake to maintain the confidentiality of all confidential information obtained in the context of an assignment. Confidentiality arises from the assignment and must also be assumed if it can reasonably be expected that it concerns confidential information. Confidentiality does not apply if the information in question is already public/commonly known, the information is not confidential and/or the information was not disclosed to Hapi Egypt during the Agreement with the Client and/or was obtained by Hapi Egypt in any other way. .
- If Hapi Egypt is obliged to provide the confidential information to the law or a competent court or a designated third party on the basis of a statutory provision or a court decision, Hapi Egypt is not obliged to pay any compensation and the Client does not give any ground for termination of the agreement.
- Hapi Egypt and the Client also impose the confidentiality obligation on third parties to be engaged by them.
Article 16. Indemnification and correctness of information
- The Client is responsible for the correctness, reliability and completeness of all data, information, documents and/or documents, in whatever form, that it provides to Hapi Egypt in the context of an Agreement, as well as for the data that it provides from third parties. has obtained and which have been provided to Hapi Egypt for the performance of the Service.
- The Client indemnifies Hapi Egypt against any liability as a result of failure to fulfill its obligations, or failure to do so on time, with regard to the provision of all correct, reliable and complete data, information, documents and/or documents.
- The Client indemnifies Hapi Egypt against all claims from the Client and third parties engaged by it or working under it.
Article 17. Applicable law
- The legal relationship between Hapi Egypt and the Client is governed by Dutch law.
- Hapi Egypt has the right to change these general terms and conditions and will inform the Client thereof.
- In the event of translations of these general terms and conditions, the Dutch version shall prevail.
- All disputes arising from or in connection with the Agreement between Hapi Egypt and the Client will be settled by the competent court of the District Court of The Hague, location The Hague, unless mandatory provisions designate another competent court.