GENERAL TERMS AND CONDITIONS FOR RENTING AND LETTING
ARTICLE 1 - DEFINITIONS
The amounts mentioned in these General Terms and Conditions are inclusive of VAT. In these terms and conditions, the following terms shall have the following meanings
- Entrepreneurnatural or legal person who enters into an agreement concerning the provision of a rental object in return for payment.
- Consumernatural person who is not acting in the exercise of a profession or business and who enters into a contract with regard to the use of a rental object against payment.
- Rental propertyAn object that is designed to stay on the water and to move around on it, intended for sports or leisure activities, including the equipment and inventory that form part of it.
- Open sailing- and motorboat: rental property without cabin accommodation.
- Rental agreementThe agreement whereby the entrepreneur commits himself to give the consumer, against payment, the use of a rental object without crew.
- Electronic: by e-mail or by website.
- Inventory list: list of the objects belonging to the rental property.
- Condition listlist on which the parties will record the state of the rental property, in particular any damage that may be present, prior to departure.
ARTICLE 2 - APPLICABILITY
- These General Terms and Conditions apply to all agreements of rental of rental objects that are concluded between the entrepreneur and the consumer.
- These conditions may have been translated from the Dutch language into a foreign language. In the event of any differences between the texts resulting from this translation, the Dutch text shall prevail.
ARTICLE 3 - THE OFFER/OFFER
- The entrepreneur shall make the offer orally, in writing or electronically.
- An oral offer must be accepted immediately, otherwise it will lapse, unless a term for acceptance has been given at the same time.
- The written or electronic offer will be dated and will be irrevocable during the specified period or, in the absence of a period, for ten working days after the date.
- The offer contains a complete and accurate description of the rental object to be delivered and states in any case: - the rental period and the port of departure/arrival; - the rental sum with any additional costs and the usability of payment.
- The offer is accompanied by a copy of these General Terms and Conditions.
ARTICLE 4 - THE AGREEMENT
- The contract is concluded by acceptance of the offer by the consumer. In case of an electronic assignment, the entrepreneur sends an electronic confirmation to the consumer.
- The agreements should preferably be recorded in writing or electronically.
- A copy of a written contract must be provided to the consumer.
ARTICLE 5 - THE PRICE AND PRICE CHANGES
- The rental price and any additional costs that the consumer has to pay will be agreed in advance, as well as any authority to make interim price changes.
- Changes in taxes, excise duties and similar government levies can be passed on by the entrepreneur at all times.
ARTICLE 6 - PAYMENT TERMS
- Payment of the hire charges must be made within ten working days of receipt of the invoice, but in any case on the commencement date of the agreed hire period, at the proprietor's office or by transfer to a bank account designated by the proprietor.
- The consumer is in default from the expiry of the payment date. The proprietor sends a payment reminder after the expiry of that date and gives the consumer the opportunity to pay within fourteen days after receipt of this payment reminder. If, after the expiry of the period specified in the payment reminder, payment has still not been made and the consumer cannot invoke force majeure, the proprietor is entitled to charge interest from the expiry of the payment date. This interest is equal to the statutory interest plus 3% on an annual basis on the amount due.
- If, after sending the payment reminder, the consumer remains in default of payment of the amount due, the proprietor is also entitled to increase the amount referred to in paragraph 2 with the collection costs. Extrajudicial costs are all costs that the proprietor has to charge for lawyers, bailiffs and anyone else he uses for the collection of the amount due. The extrajudicial costs are set at:15% over the first € 2.500,- of the amount due; 10% over the next € 2.500,- of the amount due; 5% over the subsequent € 5.000,- of the amount due; 1% over the subsequent € 15.000,- of the amount due.
- Complaints about invoices should be submitted to the proprietor, preferably in writing and properly described and explained, within a reasonable period of receipt of the invoice in question.
ARTICLE 7 - CANCELLATION
- If the consumer wishes to cancel the hire agreement, he must inform the proprietor of this in writing or electronically as soon as possible. In the event of cancellation, the consumer owes the entrepreneur a fixed compensation of the amount:
- 15% of the agreed hire charges in the event of cancellation up to three months before the start of the hire period;
- 50% of the agreed hire charges in the event of cancellation up to two months before the start of the hire period;
- 75% of the agreed rent in case of cancellation up to one month before the start of the rental period;
- 100% of the agreed hire charges in the event of cancellation within one month before the start of the hire period or on the commencement date of the hire period, all the aforementioned compensation amounts with a minimum of € 68.
- Contrary to the previous paragraph, in the event of cancellation by the consumer of a rental agreement in which the rental price is lower than or equal to €250, a fixed compensation of €250 will be payable:
- 0% of the agreed rent in case of cancellation up to one week before the start of the rental period;
- 50% of the agreed hire price in the event of cancellation up to two days before the start of the hire period;
- 100% of the agreed hire price in the event of cancellation within two days before the start of the hire period.
ARTICLE 8 - THE OBLIGATIONS OF THE ENTREPRENEUR
- At the start of the rental period, the entrepreneur makes the rental object available to the consumer. The entrepreneur shall ensure that the rental object is in good condition, that it can be used for the purpose for which it is intended and that it is equipped with safety equipment suitable for the agreed area.
- The proprietor is obliged to adequately insure the rental object on behalf of the consumer against third-party liability, hull damage and theft prior to sailing in the area agreed between the proprietor and the consumer.
- The proprietor may not allow the consumer to leave due to bad weather conditions (wind force 5 Bft or more) and/or excessive use of alcohol and/or drugs.
- Before leaving, the entrepreneur must sign the list of conditions for agreement. The proprietor provides the consumer with a copy of the signed list of conditions.
- If necessary, the entrepreneur will provide the consumer with an inventory list before departure.
ARTICLE 9 - THE CONSUMER'S OBLIGATIONS
- The consumer must have sufficient skills. If the consumer does not have sufficient skills, at the discretion of the entrepreneur, then the consumer should at least be 18 years of age. This age limit of 18 years does not apply to open sailboats.
- The consumer is obliged to check the inventory, mentioned on the inventory list provided by the entrepreneur to the consumer and the safety equipment belonging to the rental object for the area concerned, for presence.
- Before leaving, the consumer must sign the list of conditions for approval.
- If the inventory does not correspond with the inventory stated on the inventory list or if the safety equipment is incomplete or faulty, the consumer must inform the proprietor of this before departure.
- The consumer uses the rental property as a good father and good driver and according to the destination. The consumer may not make any changes to the rental property. The consumer may not use the rental object in use without written permission from the entrepreneur.
- At the end of the rental period, the consumer transfers the rental object to the entrepreneur at the agreed time and place and in the same condition as he received it.
- The costs directly related to the use of the rental object, such as tolls, port, bridge, quay, lock and mooring fees and costs for fuel, shall be borne by the consumer.
- The consumer needs permission from the proprietor for repairs to be carried out. The proprietor shall reimburse the consumer for the repair costs if specified invoices are submitted.
- The costs of normal maintenance and repair of defects are at the expense of the proprietor.
- The consumer must inform the entrepreneur as soon as possible of any damage of whatever nature, then facts and/or circumstances that can reasonably lead to damage.
- The consumer must follow the instructions of the entrepreneur to preserve the rental object and to preserve the rights of the entrepreneur.
ARTICLE 10 - LIABILITY
- The consumer is liable for damage and / or loss of the rental property, insofar as not covered by insurance during the time he has the rental property in his possession. The consumer is not liable if he can prove that the damage and / or loss is not caused by him or by one of his co-tenants, or is not attributable to him and / or his. Damage is also understood to mean consequential damage.
- The consumer is fully liable for the (consequential) damage caused by him which is not insured under the insurance referred to in Article 8 in case he uses the rental property in the area not agreed between him and the entrepreneur. For the falcons and the Tiny Houseboats, the sailing area is limited to the Frisian inland waters with the exception of the IJsselmeer and the Wadden Sea. The IJsselmeer is part of the sailing area of the Viko S26, the Wadden is not.
- The consumer is fully liable for damages and costs, which are not insured under the insurance referred to in Article 8, resulting from failure to follow the instructions given by the entrepreneur to preserve the rental property and to preserve the rights of the entrepreneur as referred to in Article 9 paragraph 10.
- The entrepreneur is not liable for damage to property or for any bodily injury / accident unless that damage and / or injury / accident is the direct result of a lack of the entrepreneur made available rental property.
- A deposit is provided by the consumer at his own risk. The amount of the deposit is agreed at the time of booking. The falcons deposit is provided by signing a one-time direct debit. For the other boats, the deposit must be paid before the start of the rental period.
- A received deposit will be refunded to the bank account of the consumer within 5 working days unless there is a question of damage.
ARTICLE 11 - NON-PERFORMANCE OF THE CONTRACT
- If the proprietor fails to meet his obligations under the hire agreement, the consumer may consider the hire agreement to be dissolved without the intervention of the court. The entrepreneur must then immediately reimburse all amounts already paid.
- The consumer is also entitled to compensation for any damage suffered by him, unless the shortcoming on the part of the latter cannot be attributed to the entrepreneur.
- The above does not apply if the entrepreneur offers a reasonable alternative for both parties.
- If the rental object later than the agreed time at the agreed place is transferred, the entrepreneur is entitled to a proportionate increase in the rent and to compensation for further (consequential) damages, unless the late return can not be attributed to the consumer.
- If the rental object by the consumer is not in the same condition as he received it is transferred, or if he has not acted in accordance with Article 9 of these conditions, the entrepreneur is entitled at the expense of the consumer to restore the rental object in the state in which it was at the beginning of the rental period. The latter does not apply if the costs in question are covered by the insurance.
ARTICLE 12 - COMPLAINTS
- Complaints about the performance of the contract must be made known to the proprietor in writing or electronically and must be properly described and explained, within a reasonable period of time after the consumer has noticed or could have noticed the defects.
- Failure to submit the complaint in time may result in the consumer losing his rights in this respect, unless the failure to meet the deadline cannot reasonably be held against the consumer.
- If it has become clear that the complaint cannot be resolved by mutual agreement, there is a dispute.
ARTICLE 13 - DEROGATION FROM THE CONDITIONS
Individual deviations from these General Terms and Conditions, including additions or extensions, must be recorded in writing or electronically between the Entrepreneur and the Consumer.
ARTICLE 14 - CHOICE OF LAW
Dutch law applies to all disputes relating to this agreement.