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General Terms and Conditions of Yacht Girls

The client accepts the following terms and conditions by using the services of Yacht Girls.

Article 1 – Definitions

    1. Companion: Persons employed by Yacht Girls with a minimum age of 21 years old, who execute a booking. These persons are always represented by Yacht Girls.
    2. Client: Legal person as well as natural person with a minimum age of 18 years old who wishes to enter or has entered into a booking agreement with Yacht Girls.
    3. Parties: Yacht Girls and the Client together.
    4. Yacht Girls: The company registered in the Trade Register under Yacht Companion International BV.
    5. Client Research: The research, collection, and storage of (personal) data of the Client regarding the first Booking and the safety of the Companion.
    6. Website: The website of Yacht Girls, known under yacht-girls.com.
    7. (International) Booking: An agreement of services, service provision, and all other agreements between the Client and Yacht Girls, including the Booking of a Package.
    8. Package and/or Experience: A set of services arranged based on the Client’s wishes and in consultation with Yacht Girls.
    9. Booking Confirmation: A confirmation from Yacht Girls to the Client in which the agreements between the parties regarding a booking are recorded.
    10. Booking Request: Any request from a Client to Yacht Girls made via the website, e-mail, phone, or any other means of communication in which the Client intends to use the services of Yacht Girls.

Article 2 – Applicability

    1. These general terms and conditions apply to all offers made by Yacht Girls as well as all bookings and related legal relationships. Deviations are only valid if explicitly and in writing approved by Yacht Girls.
    2. All articles from these General Terms and Conditions and references to requirements on yacht-girls.com are calculated from the following time zone (CET UTC +1). This being based on the local time in the Netherlands.
    3. Yacht Girls is at all times entitled to adjust and unilaterally amend the content of these conditions.
    4. The applicability of any general terms and conditions used by the Client is explicitly excluded.
    5. At the moment of the conclusion of each booking, the Client is deemed to have agreed to the exclusive applicability of these general terms and conditions unless parties explicitly and in writing agree otherwise.
    6. If one or more provisions of these general terms and conditions are null or void, the remaining provisions remain completely applicable. Yacht Girls and the Client will then enter into consultation to agree on new provisions to replace the void or annulled provisions, taking into account the purpose and intent of the original provision as much as possible.
    7. The Client who has already made a Booking with Yacht Girls is deemed to tacitly agree to the applicability of the general terms and conditions to subsequent and/or additional Bookings and/or services to the Client in question.

Article 3 – Company 

Yacht Girls in an agency that mediates supply and demand between Client and Companion. The company is registered in the Dutch Chamber of Commerce under the Chamber of Commerce number: 80177409.

Article 4 – Booking Process

    1. All offers made by Yacht Girls are without obligation, unless otherwise stated in the offer and its acceptance.
    2. A Booking is only concluded when Yacht Girls has expressly accepted the Booking Request. In the event of a binding offer, the Booking is concluded at the time of acceptance by the Client. The Yacht Girls Booking Confirmation is deemed to be correct and complete.
    3. The Booking replaces all previous proposals, correspondence, arrangements or other communications.
    4. Yacht Girls is allowed to refuse a Booking Request at any time, without giving a reason.

Article 5 – Bookings I

    1. Upon receiving a booking request, Yacht Girls will make every effort to match the Client with a Companion to the best of its ability, in order to provide the Client with the best possible experience during the execution of a booking.
    2. Yacht Girls reserves the right to provide a Companion with security in any form.
    3. Bookings are subject to a minimum duration of 8 hours.
    4. Bookings are only carried out in a hygienic space, which must also be a constructed (im)movable property, hotel/accommodation/yacht of at least four-star hotel quality.
    5. The Client is obliged to maintain a high level of personal hygiene during the execution of a Booking. This includes, but is not limited to, the mandatory use of a condom if there is sexual contact during the execution of the Booking. It is also not permitted for the Client to persuade the Companion to forgo the use of a condom during sexual contact while executing a Booking. For further requirements during a Booking, we refer you to our applicable client etiquette guidelines.
    6. During a Booking, the Client must:
        • Ensure that the Companion is reachable by Yacht Girls at the start, end, and if necessary, throughout the booking, particularly concerning the payment of the Booking, as well as the wellbeing and safety of the Companion;
        • Refrain from possessing drugs in any form;
        • Refrain from offering drugs in any form to the Companion, except for alcoholic beverages. It is also not permitted for the Client to persuade the Companion to accept and/or use the offered drugs in any form;
        • Treat the Companion with respect and adhere to her boundaries;
        • For further requirements during a Booking, we refer you to our applicable client etiquette guidelines.
    7. The Client must treat the Companion with respect and in accordance with these general terms and conditions, which apply to every Booking (and its confirmation). At no time is the Client allowed to force the Companion to perform acts that are contrary to the Booking or the Companion’s will, or otherwise contrary to the law applicable in the country where the Booking is carried out.
    8. The Client must at all times refrain from (attempting) deception, intimidation, and/or any other conduct or omission that endangers the safety of Yacht Girls and/or the Companions engaged by it.
    9. If the Client has spent time with a Companion without the mediation of Yacht Girls, it will be in violation of the provisions of Article 5.9 of these terms, the Client shall immediately, and without any discount, owe the standard rates for the hours spent, as listed on the Website, to Yacht Girls, plus a penalty equal to twice the owed amount.

Article 6 – Bookings II

    1. An (inter)national Booking refers to all bookings that take place in and outside the Netherlands. The terms applicable to a Booking, as included in the general terms and conditions, also apply to an (Inter)national Booking unless expressly deviated from in this article.
    2. A Booking request for a Booking within Europe must be received by Yacht Girls at least 24 hours in advance. For a Booking outside Europe, the Booking request must be received by Yacht Girls at least 48 hours in advance.
    3. The minimum booking duration for a Booking within Europe depends on the location and the mode of travel. For most European destinations, the minimum booking duration is 8 to 12 hours. If the Companion can’t return on the same day, the Companion must also be booked for an overnight stay.
    4. A minimum booking duration of 12 hours is required for destinations outside of Europe.
    5. After receiving the Booking request, Yacht Girls will assess the travel destination based on generally applicable positive travel advice, safety of the destination, experiences with the destination, and consultation with the desired Companion. After giving a positive assessment by Yacht Girls, the Client will receive a Booking confirmation from Yacht Girls.
    6. The means of transport for a Companion will be paid on a case-by-case basis and in consultation.
    7. A deposit of 50% of the total travel and accommodation costs, including the mediation fee, is required for each Booking. This deposit can only be paid by bank transfer. Once Yacht Girls receives the amount owed, it will start with the reserving, booking, and planning of the Booking.
    8. The remaining amount equal to 50% of the total sum must be paid in full to Yacht Girls at least 12 hours before the start of the Companion’s services. For Bookings with a maximum travel time of 4 hours or less from Amsterdam, the Companion may travel by car or train unless flying is cheaper and more convenient for the planned destination. For destinations with a minimum travel time of 4 hours or more, the Companion will only travel by plane. For flights up to 8 hours (from the Companion’s home country), the Companion will fly Economy Class. For flights longer than 8 hours, the Companion will always fly Business or First Class. Flights will always, if possible, be booked without layovers.
    9. The Client must ensure during a Booking that the Companion:
    • is reachable by Yacht Girls at all times;
    • consumes at least 3 meals per day at the Client’s expense;
    • makes at least one daily phone call to Yacht Girls, with privacy and opportunity provided;
    • for a Booking lasting 24 hours or more, has at least two hours of free time per day, with privacy and opportunity provided;
    • for a Booking lasting 24 hours or more, has at least six hours per day to sleep.
    1. Depending on the duration and location of the Booking, a minimum number of hours is required. This may sometimes be more than the aforementioned minimum of 8 hours. The minimum number of hours for the Booking must be proportional to the Companion’s travel time.
    2. A detailed specification of the Companion’s travel expenses can be requested prior to the Booking confirmation. These are calculated based on the number of kilometres travelled, the mode(s) of travel, and the travel duration. More information on rates, travel costs, and payment methods can be found on our website yacht-girls.com. 
    3. Our Safety Policy applies to every Booking. By making a Booking, you agree to these terms.
    4. Our Privacy Policy applies to every Booking. By making a Booking, you agree to these terms.

Article 7 – Cancellation or Modification by Yacht Girls

    1. At all times, Yacht Girls is entitled to cancel and/or modify a Booking if:
    • a Companion is unable to be present at the location and/or time requested by the Client;
    • the location requested by the Client is unavailable;
    • in the opinion of Yacht Girls, the identity, integrity, and/or safety of a Companion cannot be guaranteed;
    • the Client does not meet (the agreed-upon timeframe) or fulfil the agreed-upon conditions of the Booking, or if there are reasonable grounds to believe that the Client will not comply with the agreed conditions;
    • circumstances arise that reasonably prevent Yacht Girls from fulfilling its obligations under the Booking.
    1. In the event of a modification or cancellation under article 7.1 of these Terms, Yacht Girls will contact the Client within the shortest possible time.
    2. If the Booking can only proceed under altered circumstances, the Client is entitled to cancel the Booking free of charge.
    3. In the event of cancellation under article 7, neither Yacht Girls nor the Companion will be liable for any direct or indirect damages or expenses incurred by the Client.

Article 8 – Cancellation or Modification by the Client

    1. In the event of a cancellation or modification of the Booking by the Client, the Client must contact Yacht Girls at the earliest possible opportunity.
    2. Yacht Girls and the Companions are only subject to a commitment obligation regarding all the conditions of the Booking. Should the Companion fail to meet one or more expectations of the Client, this does not give the Client the right to cancel or modify the Booking. The Client is only entitled to a modification if the unmet expectations concern the personality or appearance of the Companion, and the Client informs Yacht Girls of their dissatisfaction within 30 minutes after the commencement of the Booking. In such a case, Yacht Girls is obligated to make a reasonable and mutually acceptable solution and modify the Booking accordingly.
    3. If and to the extent that the modification of the Booking by the Client concerns the Companion, time, or location, Yacht Girls is only obligated to make reasonable efforts to adapt the Booking according to the desired changes or to offer an alternative. Nevertheless, Yacht Girls reserves the right to cancel the Booking.
    4. Modifications regarding the nature of the services during the Booking are only possible with the explicit consent of the Companion. If and to the extent that such modification(s) incur additional costs, these must be paid in advance or immediately.
    5. A delay in the Companion’s arrival of up to 3 hours at the agreed-upon location, due to transport issues, does not give the Client the right to cancel the Booking. If the delay exceeds 3 hours, the Client is entitled to cancel the Booking free of charge, unless the Booking was made less than 24 hours in advance.
    6. The Client is entitled to cancel the Booking free of charge up to 72 hours before the commencement of the Booking.
    7. If the Client fails to cancel the Booking within 72 hours before its start, the Client will be charged 50% of the total Booking fee, or it will be offset against the deposit.
    8. All costs incurred by Yacht Girls for travel, accommodations, reservations, or other expenses not covered by the mediation fee are non-refundable.
    9. If the Client wishes to reschedule their Booking to a different date, time, or location than originally agreed upon, Yacht Girls will charge 10% of the original mediation fee for this change. Rescheduling is only possible if the Client submits the request 72 hours or more before the start time of the Booking.

Article 9 – Prices and/or Price Changes

    1. All standard prices indicated by Yacht Girls can be viewed on the Website. These prices are presented in Euros, inclusive of value-added tax (VAT) and exclusive of any other government-imposed levies.
    2. For prices related to Arrangements and Experiences, the Client must contact Yacht Girls, particularly concerning the fulfilment of the terms of the relevant Arrangement. The Website only displays the starting prices.
    3. The price quoted by Yacht Girls for the Booking is exclusively applicable to the services rendered in accordance with the agreed specifications.
    4. Yacht Girls is entitled to increase the agreed price in the event of an increase in one or more cost factors and/or other expenses necessary and/or relevant for the execution of the Booking.
    5. Costs incurred by Yacht Girls or the Companion to meet the (additional) wishes of the Client shall be borne by the Client.
    6. Additional requests by the Client regarding the agreed Booking, as per the Booking Confirmation, which necessitate more work or expenses than reasonably anticipated at the time of entering into the Booking, shall be grounds for increasing the agreed price.
    7. Price adjustments pursuant to Articles 9.5 and 9.6 of the General Terms and Conditions do not entitle the Client to wholly or partially dissolve the Booking.

Article 10 – Payments I

    1. All payments must be made prior to the Booking or, at the latest, 12 hours before the commencement of the Booking, unless otherwise agreed in writing between the parties.
    2. Yacht Girls only accepts cash payments in Euros.
    3. Yacht Girls also accepts payments via credit card through a payment platform. Payments made by credit card or via TransferWise will incur an additional charge of 10% of the total amount due.
    4. Should Yacht Girls cancel a Booking due to substantiated reasons indicating that the Client poses a risk to the safety of Yacht Girls or its engaged Companions, threatens to disclose the identity of one or more Companions, or may damage the image of Yacht Girls, the Client shall not be entitled to a refund and will be charged the full amount.
    5. If the Client voluntarily does not utilize services for which payments have been made during the execution of the Booking, those amounts shall not be eligible for refund.
    6. If the Client is entitled to a refund of any amount paid in connection with a cancelled Booking, it shall be processed within 5 days following the originally scheduled date of the Booking to a bank account designated by the Client.
    7. If the Client has not made the payment in advance of the Booking, the Companion engaged by Yacht Girls is entitled to cancel the Booking or to refuse it at the request of Yacht Girls. Furthermore, the Client shall owe 50% of the total booking amount, including travel expenses, if the Client fails to meet their payment obligations as stated in Articles 10.1 and 10.2.

Article 10 – Payments II

    1. If Yacht Girls receives a Booking request from a Client for whom Yacht Girls has not previously arranged a Booking, Yacht Girls is entitled to require the Client to make a deposit via bank transfer of 50% of the booking amount, depending on the type of Booking. The payment must originate from the Client’s own bank account or their business account, meaning that the name of the account holder/business must match the name of the Client.
    2. Furthermore, the Client must ensure that Yacht Girls can ascertain with certainty, at least 12 hours in advance, the Client will indeed be present at the agreed location.
    3. If the payment behaviour and/or financial situation of a Client, in the opinion of Yacht Girls, necessitates the provision of additional security, Yacht Girls is entitled to require the Client to pay an additional advance via bank transfer. If the Client fails to provide the requested security, Yacht Girls is entitled, without prejudice to its other rights, to immediately suspend further execution of the Booking, and all amounts owed by the Client to Yacht Girls shall become immediately due and payable.
    4. Should Yacht Girls be vindicated in a legal proceeding, all costs incurred by Yacht Girls in connection with this proceeding shall be borne by the Client.
    5. In all cases, Yacht Girls retains the right, in addition to the rights mentioned in this article, to demand compliance and/or compensation for damages.

Article 11 – Discretion

    1. All information concerning a Client that is in the possession of Yacht Girls by virtue of its services will be treated discreetly and will only be used for the execution of its services as well as for optimizing its future services. Such services include identity verification, general investigation in public or closed sources, and verification of the information provided by the Client with involved parties for the safety of one or more Companions engaged by Yacht Girls.
    2. Information concerning the Client in the possession of Yacht Girls shall never be shared with third parties unless required by law.
    3. If a Client provides incorrect information regarding their identity or that of individuals involved in the Booking (including personnel), Yacht Girls reserves the right to display the relevant information on a so-called “blacklist” and to share it with law enforcement authorities to prevent future false information regarding Bookings.
    4. If a Client, in violation of these general terms and conditions, directly contacts a Companion, attempts to directly contact the Companion, or exchanges any contact information with the Companion, Yacht Girls reserves the right to share information about the Client with third parties within industry organizations to warn them of such conduct by the Client.

Article 12 – Safety

    1. To ensure the safety of the Companion, by making a Booking, you agree to our “Safety Policy”.
    2. A Client who is not previously known to Yacht Girls will be subject to screening. Yacht Girls reserves the right to collect, verify, and store information about the Client. This information may include identity, date of birth, residence, business details, and other personal information, and may include more than just this information in specific cases. Yacht Girls may determine which information it wishes to collect, investigate, verify, and store for each Booking request. The Client must explicitly consent to the collection, verification, investigation, and storage of personal data. For the content of the Client investigation, please refer to our “Privacy Policy”. The investigative work is carried out by a professional international investigation agency with the necessary licenses.
    3. The costs of the Client investigation shall be borne by the Client and will be calculated and communicated for each Booking.
    4. Yacht Girls does not share its findings with the Companion; the findings will only be shared with the management of Yacht Girls.
    5. If a Client is not known to Yacht Girls, the Client must spend the first 48 hours of the Booking on land. If the Client wishes to take the Companion on their yacht within the first 48 hours of the Booking, Yacht Girls will hire appropriate security. The costs of this will be borne by the Client.
    6. If the Client, together with the Companion, leaves the mainland, the Client is obligated to share the sailing plan with Yacht Girls. Yacht Girls must approve the sailing plan before the Client is permitted to leave the mainland. This provision also applies to private aircraft, in which case it concerns the flight plan.

Article 13 – Liability

    1. Yacht Girls is not liable for damages unless there is intent or wilful recklessness on the part of Yacht Girls.
    2. Defects of any kind, disappointing experiences of the Client, information on the Website, or deviations from the information provided on the Website do not entitle the Client to compensation and/or refund.
    3. Furthermore, Yacht Girls is not liable for any damages arising from actions contrary to Article 5.5. Additionally, Yacht Girls is not liable for damages related to matters mentioned in Article 5.5.
    4. Any liability of Yacht Girls is at all times limited to (any) direct damages. Yacht Girls is never liable for indirect and/or consequential damages.
    5. Any contractual or non-contractual liability of Yacht Girls is also limited to a maximum of 100% of the net amount of the charged services, excluding costs for concierge services and/or advances for reservations.
    6. If Yacht Girls is held liable by a third party for any damages for which it is not liable under the Booking (including these general terms and conditions), the Client shall fully indemnify Yacht Girls and reimburse it for any amounts payable to that third party, as well as the costs incurred in this regard.

Article 14 – Guarantee

Subject to the commitment obligation of Yacht Girls as stated in the General Terms and Conditions, Yacht Girls does not provide any guarantees to the Client regarding the Client’s experience during the Booking. This is particularly pertinent given the highly personal nature of the service.

Article 15 – Intellectual Property

It is expressly prohibited to reproduce, disclose, or exploit any marketing and sales materials and products designed by Yacht Girls, including but not limited to the content of the Website, the working method, and other intellectual creations of Yacht Girls, in the broadest sense, whether or not with the involvement of third parties, unless Yacht Girls has expressly and in writing granted its permission for such actions.

Article 16 – Applicable Law

    1. Dutch law exclusively governs all Booking requests, Bookings, including these General Terms and Conditions.
    2. Any disputes between Yacht Girls and the Client or third parties arising from a Booking request, Booking, including these General Terms and Conditions, shall be submitted to the competent court of the district of Noord-Holland, located in the Netherlands.