General Terms and Conditions of European Cruise Logistics ENGLISH
Last updated: [February 11, 2025]
Article 1 – Definitions
In these general terms and conditions, the following definitions apply:
1. European Cruise Logistics: The company providing logistics services, hereinafter referred to as "ECL."
2. Customer: The natural or legal person using ECL’s services.
3. Agreement: The arrangement between ECL and the Customer regarding the provision of services.
4. Services: All logistics and related services offered by ECL.
5. In writing: Communication via email or post, unless agreed otherwise.
Article 2 – Applicability
1. These general terms and conditions apply to all offers, agreements, and services of ECL.
2. Deviations from these terms are only valid if agreed upon in writing.
3. The applicability of any purchase or other conditions of the Customer is explicitly excluded.
Article 3 – Offers and Quotations
1. All offers and quotations from ECL are non-binding unless expressly stated otherwise.
2. A quotation is valid for 365 days unless otherwise indicated.
3. Prices and conditions in quotations may be changed without prior notice unless an agreement has already been concluded.
Article 4 – Conclusion of the Agreement
1. An agreement is established when the Customer accepts a quotation in writing or when ECL confirms an order in writing.
2. Verbal commitments are only binding on ECL if confirmed in writing.
3. ECL reserves the right to refuse an order without providing a reason.
Article 5 – Execution of Services
1. ECL will perform the services in accordance with the agreement and with the care expected from a professional service provider.
2. The Customer shall provide all necessary information and cooperation in a timely manner to facilitate the execution of the agreement.
3. Execution timelines are indicative and not binding unless explicitly agreed otherwise in writing.
4. ECL has the right to engage third parties for the performance of its services.
Article 6 – Prices and Payment
1. All prices are in euros and exclusive of VAT unless stated otherwise.
2. ECL may adjust prices due to external cost increases, such as fuel prices, wages, or exchange rates.
3. Invoices must be paid within [30] days from the invoice date unless agreed otherwise.
4. If payment is not made on time, the Customer is in default by operation of law, and ECL is entitled to charge statutory interest and collection costs.
Article 7 – Cancellation and Modification of the Agreement
1. Cancellation by the Customer is only possible if ECL agrees in writing.
2. If the Customer cancels an order, ECL may charge cancellation fees.
3. Changes to the agreement are only valid if both parties agree to them in writing.
Article 8 – Liability and Indemnification
1. ECL’s liability is limited to the amount paid out under its liability insurance, plus the deductible.
2. ECL is not liable for indirect damages such as consequential loss, lost profits, or reputational damage.
3. If ECL is held liable and no insurance payment follows, liability is limited to the invoice amount of the relevant service.
4. The Customer indemnifies ECL against third-party claims arising from the execution of the agreement.
Article 9 – Force Majeure
1. ECL is not liable for delays or failures resulting from force majeure.
2. Force majeure includes war, natural disasters, strikes, government measures, pandemics, and other circumstances beyond ECL’s control.
3. In case of force majeure, ECL has the right to suspend or cancel the execution of the agreement without compensation to the Customer.
Article 10 – Intellectual Property
1. All intellectual property rights to documents, reports, or advice provided by ECL remain with ECL.
2. The Customer may not use these materials outside the agreed purposes without ECL’s prior written consent.
Article 11 – Confidentiality and Privacy
1. Both parties are obligated to maintain confidentiality regarding confidential information obtained in the context of the agreement.
2. ECL processes personal data in accordance with its Privacy Policy, as published on its website.
Article 12 – Complaints and Disputes
1. Complaints regarding services must be submitted in writing within 14 days of discovery.
2. ECL will make efforts to resolve complaints through mutual consultation.
3. All agreements are subject to Dutch law.
4. Disputes shall be submitted to the competent court in ECL’s place of business.
Article 13 – Amendments and Final Provisions
1. ECL reserves the right to amend these general terms and conditions. The latest version is always available on the website.
2. If any provision of these terms is deemed void or unenforceable, the remaining provisions shall remain in full force.
Contact Information
European Cruise Logistics
[Donk 13, 2991 LE, Barendrecht]
[Email: [email protected]]
[+31 6 180 89 10 30]
Last updated: [February 11, 2025]
