Terms & Conditions

Article 1. Definitions

In these general terms and conditions, the following terms are defined as follows:

1.1 FlagshipAruba: The lessor, acting under the trade name FlagshipAruba.
1.2 Renter: Any natural person or legal entity to whom FlagshipAruba has made an offer or with whom FlagshipAruba has entered into an agreement.
1.3 Parties: FlagshipAruba and the Renter jointly.
1.4 Passengers: The Renter and the passengers who sail along with or on behalf of the Renter.
1.5 Services: The rental by FlagshipAruba of a Crewed Vessel and/or Uncrewed Vessel.
1.6 Vessel: The vessel with which FlagshipAruba offers its Services to the Renter.
1.7 Uncrewed Vessel: A Vessel without a skipper provided by FlagshipAruba who, during the rental period, is responsible for steering the Vessel.
1.8 Crewed Vessel: A Vessel with a skipper provided by FlagshipAruba who, during the rental period, is responsible for steering the Vessel.

Article 2. Applicability of the General Terms and Conditions

2.1 These General Terms and Conditions apply to every offer, quotation, and agreement made by FlagshipAruba to or with the Renter.
2.2 Anyone who makes use of the Services of FlagshipAruba and/or a Vessel of FlagshipAruba is deemed to have taken note of these General Terms and Conditions. The Renter warrants that each of the Passengers has taken note of these General Terms and Conditions prior to boarding a Vessel.
2.3 Deviations from these General Terms and Conditions are only possible if FlagshipAruba has given prior written and explicit consent.
2.4 The applicability of any general terms and conditions of the Renter is expressly excluded, unless such terms and conditions have been accepted in writing and explicitly in advance by FlagshipAruba.
2.5 If one or more provisions of these General Terms and Conditions are null and void or voidable, the remaining provisions of these General Terms and Conditions will remain fully in force. In such a case, the Parties will consult in order to agree on new provisions to replace the null and void or voidable provisions, taking into account as much as possible the purpose and intent of the original provision.
2.6 FlagshipAruba reserves the right to amend the provisions laid down in these General Terms and Conditions if circumstances reasonably so require. The Renter hereby in advance accepts that the General Terms and Conditions amended on the basis of this provision will be binding on the Renter with regard to the agreements concluded between the Parties, after the Renter has been properly informed of these amendments by FlagshipAruba.
2.7 Any amendments to and/or additional agreements on the agreement and/or these General Terms and Conditions are only binding if they have been confirmed in writing and explicitly by FlagshipAruba.

Article 3. Rules of Conduct

When entering into an agreement between the Parties, the Renter shall comply, and guarantees that the Passengers will comply, with the following rules of conduct (which are also provided by FlagshipAruba prior to or at the start of the rental of the Vessel):

((i) All use of the Vessel is entirely at the Renter’s and Passengers’ own risk and account;
(ii) The Vessel may only be used within the designated sailing area, as indicated on the map provided by FlagshipAruba prior to departure (the “Area”). Sailing outside the Area is not permitted;
(iii) The Renter shall strictly comply with all applicable maritime laws, navigation rules, speed limits, safety regulations, and instructions issued by local authorities;
(iv) The Renter declares and guarantees that the maximum number of passengers allowed on the Vessel will not be exceeded at any time;
(v) The Renter declares that no Passenger under the age of eighteen (18) will consume alcohol and/or drugs on board the Vessel;
(vi) When using an Uncrewed Vessel, it is not permitted to operate the Vessel under the influence of alcohol and/or drugs;
(vii) While the Vessel is underway, Passengers must remain seated at all times; standing, climbing, or leaning outside the Vessel is not permitted;
(viii) It is not permitted to leave the Vessel unattended at any time;
(ix) It is strictly prohibited to discard any waste or objects into the sea. The Vessel must be returned empty and clean at the end of the rental period;
(x) The use of fireworks is not permitted on board the Vessel or on any dock used by FlagshipAruba;
(xi) The use of materials that may damage the interior or exterior of the Vessel is not permitted;
(xii) Wearing high-heeled footwear on board is not permitted;
(xiii) All children under eight (8) years of age, and any children who are not able to swim, must wear a life jacket at all times on board the Vessel and on the dock; this responsibility lies fully with the Renter;
(xiv) The Renter and Passengers must respect other vessels, marine life, and coastal residents. Causing any form of nuisance, including excessive noise, is not permitted;
(xv) Pets are not permitted on any Vessels, docks, or other property used by FlagshipAruba;
(xvi) Bringing and consuming your own food and beverages is not permitted unless prior approval is obtained from FlagshipAruba;
(xvii) The Renter is not permitted to sublet or otherwise rent out the Vessel to third parties;
(xviii) The Renter and Passengers must at all times follow all instructions given by FlagshipAruba and its staff (including, but not limited to, the skipper), promptly and without delay.

Article 4. Quotation and Formation of the Agreement

4.1 All quotations and offers issued by FlagshipAruba are valid for a period of 7 days, unless stated otherwise. FlagshipAruba is only bound by offers and quotations if the acceptance is confirmed in writing and (partially) paid within the term stated.
4.2 If FlagshipAruba has issued quotations or offers for multiple Vessels, a period of 10 days applies unless stated otherwise. The Renter must confirm acceptance in writing within this term.
4.3 FlagshipAruba cannot be held to an offer or quotation if the Renter can reasonably understand that the offer or any part thereof contains an obvious mistake or clerical error.
4.4 The Renter (or a legally authorized representative) shall provide FlagshipAruba with a valid identification document prior to the start of the rental period.

Article 5. Performance of the Agreement

5.1 FlagshipAruba will perform the Services to the best of its knowledge, ability, and professionalism.
5.2 FlagshipAruba reserves the right to have certain (parts of) the Services performed by third parties.
5.3 Before using a Vessel, each Passenger must sign a waiver and liability release, declaring that they board the Vessel at their own risk. The Renter guarantees that all Passengers sign this form before boarding.
5.4 FlagshipAruba is entitled to replace the agreed or depicted Vessel with another Vessel of similar capacity and suitability. The Renter is not entitled to compensation for such a replacement.
5.5 If the Renter does not arrive at the agreed time and location, the sailing time will be shortened accordingly. If the Renter does not arrive within 15 minutes, FlagshipAruba may terminate the agreement. In such case, the full rental fee remains due.
5.6 The Renter is responsible for providing correct and complete information necessary for the execution of the agreement. Any damage or delay caused by missing or incorrect information is at the Renter’s expense.
5.7 The Renter is not permitted to use, alter, or remove any intellectual property belonging to FlagshipAruba, including branding, logos, website content, or marketing materials.
5.8 The Renter is not permitted to use or share any confidential information concerning FlagshipAruba, its operations, or its Vessels.

Article 6. Price and Payment Terms

6.1 All price quotations by FlagshipAruba and all amounts charged by FlagshipAruba to the Renter are inclusive of VAT and stated in euros, unless expressly stated otherwise or agreed otherwise by the Parties.
6.2 Payment by the Renter to FlagshipAruba shall be made in accordance with the payment terms stated on the invoice and/or confirmation.
6.3 The Renter is in default by operation of law if the payment term has expired. From that moment, FlagshipAruba is entitled to charge the statutory (commercial) interest applicable at that time as from the due date. Furthermore, FlagshipAruba is then entitled to suspend performance of the agreement, and the Renter is obliged to reimburse all costs incurred by FlagshipAruba, both judicial and extrajudicial.
6.4 FlagshipAruba reserves the right at all times to require advance payment from the Renter.
6.5 In the case of non-cash (giro) payments, the date of payment is the date on which the account of FlagshipAruba is credited; in the case of cash payment, only the receipt issued by FlagshipAruba constitutes proof and time of payment.
6.6 In the event of liquidation, bankruptcy, seizure, or suspension of payment of the Renter, all claims of FlagshipAruba against the Renter become immediately due and payable.
6.7 If the Renter is a legal entity, the Renter shall never be entitled to set off any amount owed by it to FlagshipAruba.
6.8 In the case of a jointly given assignment, all Renters are jointly and severally liable for payment of the full invoice amount.

Article 7. Cancellation of the Agreement

7.1 The Renter cannot cancel the agreement free of charge; FlagshipAruba charges a cancellation fee of 100%.
7.2 Failure to appear on the agreed time and place does not constitute valid cancellation.
7.4 After a final booking confirmation, the Renter must pay a minimum administration fee of USD $25 in the event of cancellation.
7.5 During major events or high-demand periods, FlagshipAruba may apply separate cancellation conditions. These will be clearly stated in the specific agreement for such events.

Article 8. Termination and Suspension

8.1 Without prejudice to the rights of FlagshipAruba by law, if the Renter fails to fulfil any of its obligations towards FlagshipAruba, FlagshipAruba has the right to suspend the (further) performance of the agreement(s) concluded with the Renter, or to terminate the agreement(s), in whole or in part. In this context, FlagshipAruba is free to terminate an agreement during its performance in the event of non-compliance by the Passengers with their obligations arising from the rules of conduct referred to in Article 3.
8.2 In the event that the Renter fails to fulfil one or more of its obligations, or does not fulfil them on time or properly, applies for suspension of payment, is declared bankrupt, has all or part of its assets seized, and/or loses the power to dispose of all or part of its assets, FlagshipAruba has the right to suspend performance of the agreement or to terminate it by means of a written declaration, at its discretion and without prejudice to its right to compensation for damage, costs, and interest.
8.3 The Renter can only terminate an agreement if FlagshipAruba, after proper written notice of default by registered letter in which a reasonable period is given to still fulfil its obligations, continues to fail attributably in the performance of its obligations under the agreement, and to such an extent that the Renter cannot reasonably be required to maintain the agreement.

Article 9. Force Majeure

9.1 FlagshipAruba is not obliged to fulfill any obligation if prevented from doing so due to circumstances not attributable to its fault nor borne by law or generally accepted standards.
9.2 Force majeure situations include, but are not limited to:

Severe weather conditions (including storms, high waves, heavy rainfall);
Hurricanes, tropical storms, or official weather alerts issued by local authorities;
Government restrictions or measures;
Natural disasters;
Mechanical failures not attributable to negligence;
Strikes, fires, or accidents involving third parties;
Delays or failures by suppliers or service partners.

9.3 The following specific conditions also constitute force majeure in the context of maritime activities around Aruba:
(i) Official small-craft advisories issued by the Coast Guard or METEO Aruba;
(ii) Thunderstorms or lightning activity in the sailing area;
(iii) Sudden high winds or rough seas that make safe navigation impossible;

9.4 FlagshipAruba may also invoke force majeure if the situation occurs after it should have fulfilled its obligation.
9.5 In the event of force majeure, the Renter is not entitled to any compensation, refund, or other financial remedy.

Article 10. Catering

10.1 If the Renter wishes to rent a Vessel including catering, such catering will exclusively be provided by third parties engaged by FlagshipAruba.
10.2 At the Renter’s request, the costs of catering will be included by FlagshipAruba in the quotation and/or offer.
10.3 FlagshipAruba purchases catering from third parties. FlagshipAruba is never liable for damage and/or injury resulting from or related to catering provided by third parties.

Article 11. Liability of the Renter

11.1 The Renter is liable for damage to and/or loss of the Vessel during the time it has the Vessel in its possession.
11.2 The Renter is liable for damage to property of FlagshipAruba or of third parties if such damage arises from and/or is related to non-compliance, tort, reckless conduct, conduct in violation of the rules of conduct referred to in Article 3, and/or acts or omissions of Passengers.
11.3 The Renter is obliged to report any damage, regardless of its cause, during or immediately after its occurrence to the on-duty skipper, the concierge at the departure location of the Vessel, or FlagshipAruba. The skipper will draw up a statement of the time, nature, and cause of the damage reported by the Renter. This damage report shall be signed by the Renter before leaving the boat. Drawing up this damage report by the on-duty skipper is solely intended as a record of the (extent of the) damage.
11.4 In the case of a Crewed Vessel, the skipper is at all times authorized to refuse Passenger luggage at his own discretion.
11.5 The Renter declares and guarantees that each of the Passengers is aware that the Vessel is boarded at their own risk, is familiar with the risks of boarding and sailing with a Vessel, and indemnifies FlagshipAruba against all claims from third parties related to damage suffered on board the Vessel, except for damage resulting from acts or omissions of FlagshipAruba and/or a skipper on a Crewed Vessel.

Article 12. Liability of FlagshipAruba

12.1 FlagshipAruba is never liable for damage caused by or related to injury or death of Passengers and/or damage to and/or loss of the Passengers’ property before, during, or as a result of the rental of a Vessel from FlagshipAruba, except for damage caused by demonstrable intent or gross negligence of FlagshipAruba or one of its employees.
12.2 FlagshipAruba is never liable for damage suffered by Passengers as a result of delays, regardless of their cause, occurring before, during, or after the boat trip, except for damage caused by demonstrable intent or gross negligence of FlagshipAruba or one of its employees.
12.3 If and insofar as FlagshipAruba is liable for any damage, such liability is limited to the maximum amount covered by its insurance.
12.4 Insofar as FlagshipAruba is liable for damage not covered by its insurance, FlagshipAruba shall in no event be liable for an amount higher than the amount invoiced by FlagshipAruba to the Renter under the agreement, excluding VAT.
12.5 The legal claim of the Renter for compensation of damage suffered by it shall lapse if it is instituted after one year has elapsed following performance of the relevant agreement.

Article 13. Applicable Law and Competent Court

13.1 All agreements and these General Terms and Conditions are governed exclusively by Dutch law.
13.2 Any disputes arising with respect to the interpretation or performance of the agreement and/or these General Terms and Conditions shall be submitted exclusively to the competent court in Amsterdam.
13.3 If the Renter is a natural person residing in the Netherlands, then – in deviation from Article 13.2 – any disputes arising with respect to the interpretation or performance of the agreement and/or these General Terms and Conditions shall be submitted exclusively to the competent court in the district of the Renter’s place of residence.