Terms and Conditions

Copenhagen Boats ApS · CVR no. 46334736

Section 1. General

1. In these terms and conditions, the following terms are used with the meanings set out below, unless expressly stated otherwise.

Copenhagen Boats: Copenhagen Boats ApS, CVR no. 46334736, the user of these terms and conditions. Copenhagen Boats may also be referred to as a provider of harbour cruises.

Customer: the natural or legal person who enters into an agreement with Copenhagen Boats, or to whom Copenhagen Boats has issued a quote to which these terms and conditions apply.

2. These terms and conditions apply to every agreement and to all services provided by Copenhagen Boats, including shared (public) harbour cruises as well as rental/charter of the vessel. The Customer's unconditional acceptance of a quote, booking confirmation or e-ticket referring to these terms is deemed acceptance of their application. These terms also apply to agreements where Copenhagen Boats engages third parties in performing the agreement.

3. Deviation from these terms and conditions is only possible if the parties have expressly agreed to this in writing in advance. The applicability of any terms and conditions used by the Customer is expressly rejected. Such application can only validly occur if the parties expressly agree to this in writing in advance.

4. If Copenhagen Boats does not require strict compliance with these terms for a shorter or longer period, this does not affect Copenhagen Boats' right to subsequently require immediate and strict compliance. The fact that Copenhagen Boats applies the terms flexibly gives the Customer no rights whatsoever.

5. Void or voidable provisions do not affect the validity of the other provisions. The void provision will be replaced by a new, legally valid provision that aligns as closely as possible with the purpose and intent of the original provision.

6. Situations not regulated by these terms and conditions, or about which there is ambiguity, shall be assessed according to the spirit and purpose of these terms and conditions.

7. Copenhagen Boats reserves the right to amend or supplement these terms and conditions. Changes of minor importance may be implemented at any time. If the Customer does not wish to accept a change, the Customer may terminate the agreement effective the date the new terms take effect.

Section 2. Quotes, options and agreements

1. Quotes and requests are non-binding and valid for a period of 10 days unless otherwise indicated by Copenhagen Boats. Quotes are issued subject to availability.

2. Copenhagen Boats is not bound by its quotes if the Customer could reasonably understand that the quote contains an obvious mistake or clerical error.

3. Copenhagen Boats accepts no liability for price or printing errors on its website, social media, newsletters or other email communications, and reserves the right to cancel the agreement in the case of a material and/or clearly identifiable error.

4. A composite price quotation does not obligate Copenhagen Boats to perform part of an assignment for a corresponding portion of the quoted price. Offers and quotes do not automatically apply to future bookings.

5. Additional terms may apply for specific promotions.

6. At the Customer's request, Copenhagen Boats may grant an option with a set expiry date. However, Copenhagen Boats is never obligated to grant an option. An option that is not converted into a definitive booking by the Customer before the expiry date lapses without either party needing to give notice. An option is converted into a definitive booking once confirmed by both the Customer and Copenhagen Boats.

7. The agreement between Copenhagen Boats and the Customer is established at the moment a requested reservation is confirmed by Copenhagen Boats in writing or by phone, by Copenhagen Boats having received and accepted a quote or agreement signed by the Customer, or from the moment Copenhagen Boats, with the Customer's consent, has begun performance.

8. Copenhagen Boats reserves the right to decline bookings without stating reasons, to require advance payment, or to set other payment conditions.

9. A confirmed booking may be changed by means of a written description of the changes. Changes are only binding on Copenhagen Boats once confirmed by it in writing.

10. Work carried out at the Customer's request or with the Customer's consent, falling outside the content of the agreement, will be paid for by the Customer according to Copenhagen Boats' usual rates. However, Copenhagen Boats is not obligated to comply with such a request for extra work and may require a separate written agreement for it.

Section 3. Performance of the agreement, tickets and the Customer's obligations

1. Copenhagen Boats will perform the agreement to the best of its ability and in accordance with good practice, based on the knowledge available at the time.

2. Insofar as proper performance of the agreement requires it, Copenhagen Boats has the right to have certain work carried out by third parties.

3. If Copenhagen Boats deems it necessary, Copenhagen Boats has the right to deploy a different vessel than agreed. Such vessel will be suitable for the agreed size of the group.

4. For (shared) harbour cruises, the e-ticket and booking confirmation are always sent to the email address provided by the Customer. Responsibility for the e-ticket transfers to the Customer at the moment the Customer receives the ticket by email; the Customer should check the ticket's content immediately upon receipt. If no email is received, the Customer should first check the spam/promotions folder before contacting Copenhagen Boats.

5. The Customer shall ensure that all information which Copenhagen Boats indicates is necessary, or which the Customer should reasonably understand to be necessary for performing the agreement, is provided to Copenhagen Boats in good time. This explicitly includes allergy information for the Customer's guests and anyone accompanying them. Any damage and/or delay caused by the Customer's failure to provide the necessary information in time is the Customer's responsibility.

6. Upon confirmation of the sailing, the Customer will provide Copenhagen Boats with the exact number of passengers, insofar as not already known. If more passengers than reported are present at the start of or during the trip, additional charges apply. If the number of passengers exceeds the vessel's maximum capacity, Copenhagen Boats has the right to refuse passengers. If fewer passengers are present than agreed, the price will not be reduced.

7. The Customer and the Customer's guests must be present at the agreed departure point no later than 10 minutes before departure and must, on request, be able to prove their booking via ticket or booking confirmation.

8. If the Customer or the Customer's guests cannot find the vessel, are delayed, or another unforeseen situation arises on the day, they must call the emergency number stated on the booking confirmation so that Copenhagen Boats can assist. If the booking was made by an agency or organiser who is not present, it is that party's responsibility to pass the emergency number on to the group. If the emergency number is not used, this is the Customer's own responsibility, and the Customer will be charged the full price of the trip. As a rule, Copenhagen Boats does not collect guests, speakers, serving staff or catering from a location other than the agreed pick-up/drop-off point, unless expressly agreed at the time of booking (including route and price).

9. Copenhagen Boats may set rules regarding the conduct of the Customer and the Customer's guests. If it appears that the Customer (or a person in the Customer's party) does not comply with these conduct rules or with the applicable sailing and conduct rules for the Port of Copenhagen, Copenhagen Boats reserves the right to terminate the agreement with the Customer immediately. In such a case there is no right to a refund of amounts already paid.

10. On board, authority rests with Copenhagen Boats' skipper/host. During the trip, Copenhagen Boats reserves the right to interrupt the trip and/or deviate from the planned route if, in the skipper's judgement, irresponsible or unsafe situations arise, or if the stipulated terms or rules are not being followed. The skipper will give passengers one warning; if this does not have the desired effect, the skipper will terminate the trip immediately.

11. The sailing and conduct rules in force from time to time for the Port of Copenhagen apply to all our trips. Public urination, jumping overboard, swimming, and throwing waste or objects overboard are strictly prohibited.

12. Parties and dancing on board are not permitted; a subdued dance is not objectionable. Own sound equipment, DJ set-ups and the like are not permitted on board. By agreement, muted background music may be played via the vessel's built-in sound system, provided that no music is played while the vessel is sailing after 22:00 in the evening. Smoking is not permitted on board, including on the outside deck.

13. A Customer who is not present at the agreed time for the start of the trip is not entitled to compensation in the form of extended sailing time or a refund.

14. Bringing one's own drinks and/or food on Copenhagen Boats' trips is only permitted if expressly agreed at the time of booking. A fee of DKK 900 excl. VAT will be charged for this.

15. It is expressly not permitted to consume excessive amounts of alcohol on board. Drunkenness on board is not accepted. Persons who are under the influence of alcohol at the start of the trip will be denied access to the vessel. If guests are visibly intoxicated or otherwise impaired, fail to follow staff instructions, or pose a danger to themselves, other guests or staff, the skipper is entitled to remove them from the vessel or terminate the entire trip early, or to deny guests access before departure. Any sailing time already elapsed and/or catering already ordered will not be refunded in such cases.

16. If the Customer brings their own catering, the Customer is responsible for cleaning up afterwards within the rental period stated on the booking confirmation. Bins are available on board, and staff can provide extra bin bags if needed. If the Customer damages the vessel, or leaves the vessel in a condition requiring extraordinary cleaning, Copenhagen Boats is entitled to charge a fee of at least DKK 1,000 excl. VAT, depending on the extent of the damage/cleaning required.

17. If Copenhagen Boats is to provide catering at the Customer's request, the Customer must ensure that Copenhagen Boats receives the order well in advance, and must ensure timely (advance) payment for the catering. Drinks are invoiced based on individual drinks purchased or on a drinks package. Up to 7 days before the start of the trip, the Customer may reduce the number of persons by 10%. A change in the number of persons is only binding once confirmed in writing by Copenhagen Boats.

18. The possibility of ordering packages/arrangements is subject to availability from third parties, on which Copenhagen Boats is dependent. Copenhagen Boats reserves the right to cancel, postpone, or propose an alternative to such a request.

19. Copenhagen Boats may take photos or video during the trip. By agreeing to these terms and conditions, you agree that Copenhagen Boats may use this material for commercial purposes.

20. Copenhagen Boats makes every reasonable effort to ensure that all trips depart and arrive at the agreed times. However, due to circumstances such as traffic on the water, bridge or lock operation, weather conditions, or other external factors beyond Copenhagen Boats' control, departure or arrival may be delayed. Such a delay does not constitute grounds for a complaint, discount, compensation or termination of the agreement.

Section 4. Prices, gift cards and payment

1. All prices/hourly rates used by Copenhagen Boats, as well as the prices/rates stated in quotes, promotions, price lists, etc., include VAT and other government levies, unless otherwise indicated.

2. If a price-determining factor changes after the agreement is concluded, Copenhagen Boats is entitled to adjust the agreed price accordingly.

3. Copenhagen Boats may increase the agreed price if, during performance, it becomes apparent that the originally agreed or expected amount of work was underestimated to such an extent that Copenhagen Boats cannot reasonably be expected to perform the agreed work at the originally agreed price.

4. Copenhagen Boats may offer (value) gift cards. A gift card may only be used as a means of payment, gift cards cannot be combined and must therefore be used individually. Discount codes cannot be applied when purchasing a gift card. Copenhagen Boats reserves the right to cancel the order if this is not complied with. For the right of withdrawal on gift cards, see Section 11.

5. Invoices must be paid within 2 weeks of confirmation of the trip. If the trip is to take place within 3 weeks of confirmation, payment must be made within 72 hours. Payment is made in Danish kroner via the payment link sent by email, or by transfer to a bank account designated by Copenhagen Boats. Objections to the amount of an invoice do not suspend the obligation to pay.

6. If, after the (final) invoice has already been sent, the Customer requests a new invoice because incorrect billing information was provided at the time of booking, Copenhagen Boats will charge an administration fee of DKK 175 excl. VAT for issuing a new invoice.

7. If the Customer has not paid within the term stated on the invoice, Copenhagen Boats is entitled, after having sent at least one payment reminder, without further notice and without prejudice to its other rights, to charge statutory interest from the invoice due date until full payment is made. If the Customer is required to pay in advance and fails to do so in time, Copenhagen Boats is entitled to suspend or cancel performance of the agreement.

8. If the Customer is in default of its payment obligations, all reasonable costs incurred to obtain payment — both in and out of court — shall be borne by the Customer. The Customer owes collection costs in any case of a monetary claim.

9. Payments made by the Customer are always applied first to any interest and costs owed, and second to the outstanding invoices that have been due longest, even if the Customer states that the payment relates to a later invoice.

10. In the event of liquidation, bankruptcy or suspension of payments by the Customer, Copenhagen Boats' claims against the Customer and the Customer's obligations toward Copenhagen Boats become immediately due and payable.

Section 5. Cancellation, no-show, suspension and termination

1. Agreements may be cancelled with Copenhagen Boats' consent and in accordance with this section.

2. The fact that the Customer is not present at the agreed time and place (no-show) is never considered a valid cancellation. The Customer will in that case owe Copenhagen Boats 100% of the agreed price. Copenhagen Boats always waits 30 minutes at the agreed time and place for the Customer and the Customer's guests. If the Customer and guests are still not present after these 30 minutes, Copenhagen Boats will treat this as a no-show, and the Customer owes all associated costs.

3. Cancellation of a non-binding request by the Customer may be made free of charge up until confirmation of the trip. For cancellation of a rental/charter of the vessel confirmed by both parties, the following rates apply: — after confirmation of the trip: 25% of the agreed price — 4 weeks or less before departure: 50% of the agreed price — 2 weeks or less before departure: 100% of the agreed price plus any other costs already incurred by Copenhagen Boats.

4. For shared (public) harbour cruises for which individual tickets have been sold, a simplified arrangement applies instead: the full amount will be refunded provided cancellation occurs no later than 72 hours before departure. There is no right to a refund for cancellations made within 72 hours of departure.

5. If the Customer wishes to change the time or pick-up/drop-off location of an already confirmed trip within 8 days of departure, Copenhagen Boats will, if the requested change is possible, charge a change fee of DKK 300 excl. VAT.

6. Copenhagen Boats reserves the right, at all times, to change a confirmed booking, including changing the type of vessel, the agreed departure location, or the departure time, as a result of changed mooring conditions, difficult wind or weather conditions, closures of waterways, vessel availability, or other operational reasons, without Copenhagen Boats being obliged to obtain prior consent from, or give notice to, the Customer. Such a change does not give the Customer any right to terminate the agreement, a refund, or any other form of compensation, provided that the vessel remains suitable for the agreed group size and the trip takes place within the agreed time period.

7. In the event of very bad weather, Copenhagen Boats offers cancellation options on the day of the trip. Very bad weather means persistent rain combined with strong wind and/or thunderstorms, as assessed by Copenhagen Boats on the day in question. In the event of cancellation due to very bad weather, the Customer owes Copenhagen Boats 50% of the total agreed rental price, plus reimbursement of any catering costs already incurred and any other costs already incurred by Copenhagen Boats. In such a case, the Customer also has the option to reschedule the trip immediately free of charge. If a trip for which catering has already been ordered is rescheduled, the originally ordered catering and other costs already incurred by Copenhagen Boats must be paid in full. There is therefore no refund of amounts paid, and any outstanding invoices must be settled.

8. Cancellation and rescheduling costs are due and payable in the same manner as invoices issued by Copenhagen Boats.

9. If the agreement is cancelled by Copenhagen Boats, Copenhagen Boats will, in consultation with the Customer, arrange for the transfer of remaining work to third parties, unless the cancellation is based on facts and circumstances attributable to the Customer.

10. If the Customer fails to fulfil (part of) its obligations under the agreement with Copenhagen Boats, or fails to do so in time, Copenhagen Boats has the right to suspend its obligations or terminate the agreement without any notice of default or judicial intervention being required. This is without prejudice to Copenhagen Boats' other rights, including the right to compensation. The same applies if, after the agreement is concluded, Copenhagen Boats becomes aware of facts and circumstances giving good reason to fear that the Customer will not (fully) fulfil its obligations, or that are such that performance of the agreement becomes impossible or cannot reasonably be required of Copenhagen Boats.

11. If the Customer: — is declared bankrupt, applies for a suspension of payments, or is otherwise no longer able to freely dispose of their assets; — dies or is placed under guardianship; — fails to pay an invoice amount or part thereof within the stipulated term; — ceases or transfers its business or a significant part thereof; then Copenhagen Boats has the right, upon the occurrence of any of the above circumstances alone, to consider the agreement terminated without any notice of default or judicial intervention being required. Copenhagen Boats' claims against the Customer become immediately due and payable in such a case, without prejudice to Copenhagen Boats' other rights.

Section 6. Liability of Copenhagen Boats

1. If Copenhagen Boats should be liable, such liability is limited to what is set out in this provision. These limitations do not apply if the damage is due to intent or gross negligence on the part of Copenhagen Boats and/or its employees.

2. Copenhagen Boats is not liable for damage arising because Copenhagen Boats relied on incorrect and/or incomplete information provided by the Customer (or the Customer's guests), unless such incorrectness or incompleteness should have been apparent to Copenhagen Boats. The Customer is responsible for communicating necessary or useful information, such as guests' dietary requirements.

3. Copenhagen Boats cannot be held liable for personal injury or (consequential) damage of any kind, regardless of the cause, arising before, during, or as a result of the agreement between Copenhagen Boats and the Customer.

4. Copenhagen Boats is not liable for the loss and/or damage of belongings that the Customer brings on board.

5. Copenhagen Boats is only liable for direct damage caused by an attributable failure to fulfil the obligations arising from the agreement. Direct damage means the reasonable costs of determining the cause and extent of the damage, reasonable costs incurred to bring Copenhagen Boats' defective performance into conformity with the agreement, and reasonable costs incurred to prevent or limit damage, insofar as the Customer demonstrates that these costs led to a limitation of direct damage as referred to in these terms and conditions.

6. Copenhagen Boats is never liable for indirect damage, including consequential damage, loss of profits, lost savings, and loss of time, nor for damage resulting from delay. Copenhagen Boats also cannot be held liable in the event of force majeure.

7. If Copenhagen Boats should be liable for any damage, Copenhagen Boats' liability is limited to the amount paid out by Copenhagen Boats' insurer. If the insurer does not make any payout, Copenhagen Boats' liability is limited to the invoice value of the booking in question, or at least to the part of the agreement to which the liability relates.

8. The Customer indemnifies Copenhagen Boats against all claims by third parties related to or arising from the agreement between Copenhagen Boats and the Customer.

9. Any errors or defects noticed during the trip must be reported to staff on board immediately, so that the defect can be remedied if possible. A complaint about a defect that was not reported during the trip itself will be rejected, subject to Section 9.

Section 7. Liability of the Customer

1. In the event of recklessness, negligence and/or failure to follow Copenhagen Boats' instructions, the Customer may be held fully liable for the resulting damage, without Copenhagen Boats relying on its insurance.

2. The Customer and the Customer's guests or those accompanying them are jointly and severally liable for all damage that has arisen and/or will arise for Copenhagen Boats as a direct or indirect result of breach of contract and/or a wrongful act (including violation of these terms and conditions) committed by the Customer and/or the Customer's guests and/or those accompanying them, as well as for damage caused by any item of which they are the holder or which is under their supervision.

Section 8. Force majeure

1. Copenhagen Boats is not obliged to fulfil any obligation toward the Customer if prevented from doing so by a circumstance not due to its fault, and which is not attributable to it under law, weather conditions, a legal act, or generally accepted standards. Copenhagen Boats may suspend its obligations under the agreement for as long as the force majeure continues. If this period lasts longer than two months, either party is entitled to terminate the agreement, without any obligation to compensate the other party for damage. If the agreement has been partly performed when such a situation arises, the Customer is obliged to fulfil its obligations toward Copenhagen Boats up to that point; Copenhagen Boats is entitled to invoice separately for the part already performed, and the Customer must pay this invoice as if it were a separate agreement. Weather conditions are expressly excluded from this section; how Copenhagen Boats handles force majeure due to bad weather is set out in Section 5(7).

2. In these terms and conditions, force majeure means, in addition to what is understood by that term under law and case law, all external causes, foreseen or unforeseen, over which Copenhagen Boats has no influence, but which prevent Copenhagen Boats from fulfilling its obligations, including strikes at Copenhagen Boats' business or at a third party's. Copenhagen Boats also has the right to invoke force majeure if the circumstance preventing performance arises after Copenhagen Boats should have fulfilled its obligations.

Section 9. Complaints

1. Complaints must be submitted to Copenhagen Boats in writing and with reasons, no later than five working days after the complaint arose, without prejudice to the obligation under Section 6(9) to report defects during the trip itself.

2. Copenhagen Boats will inform the complainant of its position, in writing and with reasons, within 14 days of receiving the complaint. If a complaint is found to be justified, Copenhagen Boats will still perform the service as agreed, unless the Customer indicates that this has since become pointless. If it is no longer possible or sensible to perform the agreed service, Copenhagen Boats will only be liable within the limits of Section 6 of these terms and conditions.

3. Complaints do not suspend the Customer's obligation to pay.

4. For a Customer acting as a consumer, it additionally applies that, in accordance with the Danish Consumer Contracts Act, defects arising during the trip must be reported to Copenhagen Boats within a reasonable time after they are discovered.

Section 10. Security, personal data and cookies

1. For payments made via the website, Copenhagen Boats uses SSL encryption, so that payment and credit card details are processed in encrypted form. When paying by credit card, the Customer is protected against misuse, as a payment can be reversed through the bank, and the Customer bears no excess in the event of misuse of the credit card in a webshop that uses SSL.

2. In connection with entering into the agreement and delivering the services, Copenhagen Boats processes personal data about the Customer. Copenhagen Boats is the data controller for this processing, cf. Article 4(7) of the General Data Protection Regulation (GDPR). Copenhagen Boats treats personal data and other relevant information confidentially and in accordance with the Danish Data Protection Act.

3. Copenhagen Boats uses cookies to collect information about the Customer, with the aim of providing a good and user-friendly experience on the website (functional cookies), recording pages visited (statistics), and showing relevant content (marketing).

4. Copenhagen Boats uses log statistics that collect information on the number of visitors, their origin, and behaviour on the website. This data is used solely to optimise the Copenhagen Boats website.

Section 11. Right of withdrawal

1. A Customer who, as a consumer, purchases a gift card or an annual/seasonal card or membership from Copenhagen Boats has, under the rules on consumer contracts, the right to withdraw from that purchase within 14 days of the date of purchase, without giving any reason.

2. This right of withdrawal expressly does not apply to harbour cruises, dining experiences, guided tours, rental/charter of the vessel, or any other activity booked for a specific date or time period. The leisure-activity exemption to the right of withdrawal under the Danish Consumer Contracts Act applies to such date-specific services; a tour or activity that has already been booked cannot be withdrawn from under this section. Such bookings are governed exclusively by Copenhagen Boats' standard cancellation and refund terms under Section 5.

3. To exercise the right of withdrawal, the Customer must notify Copenhagen Boats in writing (by email) within the 14-day period referred to above. Copenhagen Boats will confirm the withdrawal by email. Any refund due will be processed within 14 days of receipt of the withdrawal request.

Section 12. Governing law and venue

1. All agreements between Copenhagen Boats and the Customer to which these terms and conditions apply are governed by Danish law.

2. Any dispute between Copenhagen Boats and the Customer that cannot be settled amicably shall be settled by the Copenhagen City Court as the proper venue in the first instance.

Copenhagen Boats ApS may also be referred to as a provider of harbour cruises.