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GENERAL TERMS AND CONDITIONS OF HIRE AND RENTAL

ARTICLE 1 - DEFINITIONS

The amounts mentioned in these General Terms and Conditions are inclusive of VAT. In these terms and conditions, the following definitions apply:

  • Entrepreneur: natural or legal person who concludes an agreement concerning the provision of a rental object against payment.
  • Consumer: natural person not acting in the exercise of a profession or business who enters into an agreement relating to the use of a rental object for payment.
  • Rental object: an object designed for being on the water and moving around on it for sport or leisure purposes, including its fittings and inventory.
  • Open sail and motor boat: rental property without cabin accommodation.
  • Rental agreement: the agreement whereby the entrepreneur undertakes to give the consumer the use of a rental object without a crew in return for payment.
  • Electronic: by e-mail or website.
  • Inventory list: list of items belonging to the rental object.
  • Condition list: list on which the parties record the condition of the rental object, in particular any damage, before departure.

ARTICLE 2 - APPLICABILITY

  • These General Terms and Conditions apply to all rental/rental agreements concluded between the entrepreneur and the consumer.
  • These terms and conditions may have been translated from Dutch into a foreign language. In case of possible differences in the texts, resulting from this translation, the Dutch text shall prevail.

ARTICLE 3 - THE OFFER/OFFER

  • .The entrepreneur makes the offer orally, in writing or electronically.
  • .A verbal offer must be accepted immediately otherwise it expires, unless a deadline for acceptance has been given simultaneously.
  • The written or electronic offer shall bear a date and shall be irrevocable during the specified period or, in the absence of a period, for 10 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 method of payment.
  • The offer is accompanied by a copy of these General Terms and Conditions.

ARTICLE 4 - THE AGREEMENT

  • The agreement is concluded by the consumer's acceptance of the offer. In case of an electronic assignment, the entrepreneur sends an electronic confirmation to the consumer.
  • Agreements are preferably recorded in writing or electronically.
  • A copy of a written agreement should be provided to the consumer.

 

ARTICLE 5 - THE PRICE AND PRICE CHANGES

  • The rental price and any additional charges to be paid by the consumer are agreed in advance as well as any authority for interim price changes.
  • Changes in taxes, duties and similar government levies may be passed on by the entrepreneur at any time.

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 date of commencement 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 once the date has passed and gives the consumer the opportunity to pay within fourteen days of receiving this payment reminder. If, after the period mentioned in the reminder has passed, there is still no payment and the consumer cannot claim force majeure, the entrepreneur has the right to charge interest from the date the payment date has passed. This interest is equal to the legal interest rate plus 3% on an annual basis over the amount due.
  • If the consumer remains in default of paying the amount due after the payment reminder has been sent, the proprietor also has the right to increase the amount referred to in paragraph 2 by adding the collection charges. Extrajudicial costs are all costs the proprietor has to charge for lawyers, bailiffs and anyone else he requires for the recovery 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 following €5,000 of the amount due; 1% over the following €15,000 of the amount due.
  • Complaints about invoices should be submitted to the entrepreneur, preferably in writing and properly described and explained, within a reasonable time after receipt of the relevant invoice.

 

ARTICLE 7 - CANCELLATION

  • If the consumer wishes to cancel the rental agreement, he must notify the proprietor in writing or electronically as soon as possible.
    In case of cancellation, the consumer owes the entrepreneur a fixed compensation in the amount of:
  • 15% of the agreed rent in case of cancellation up to three months before the start of the rental period;
  • 50% of the agreed rent in case of cancellation up to two months before the start of the rental 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 rent in the event of cancellation within one month before the start of the rental period or on the commencement date of the rental period, all the above-mentioned compensation amounts with a minimum of € 68
  • Notwithstanding the previous paragraph, in the event of cancellation by the consumer of a rental agreement where the rental sum is less than or equal to €250, a fixed compensation of:
  • 0% of the agreed rent in case of cancellation up to one week before the start of the rental period;
  • 50% of the agreed rent in case of cancellation up to two days before the start of the rental period;
  • 100% of the agreed rent in case of cancellation within two days before the start of the rental period.

ARTICLE 8 - THE OBLIGATIONS OF THE ENTREPRENEUR

  • At the start of the hire period, the proprietor makes the hire object available to the consumer. The proprietor ensures that the rental object is in good condition, that it can serve the purpose for which it is intended and that it is fitted with proper safety equipment 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 for sailing in the area agreed between the proprietor and the consumer.
  • The entrepreneur may not allow the consumer to depart due to adverse weather conditions (wind force 5 Bft or more) and/or excessive use of alcohol and/or narcotics.
  • Before departure, the proprietor should pre-sign the condition list. The proprietor provides the consumer with a copy of the signed condition list.
  • If necessary, the entrepreneur will provide the consumer with an inventory list before departure.

ARTICLE 9 - CONSUMER OBLIGATIONS

  • The consumer must have sufficient skills. If the consumer does not have sufficient skills, to be judged by the entrepreneur, 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 listed on the inventory list to be handed to the consumer by the proprietor and the safety equipment belonging to the rental object for the area in question.
  • Before departure, the consumer must sign the condition list for agreement.
  • If the inventory does not correspond to the inventory listed in the inventory list, or if the safety equipment is incomplete or faulty, the consumer should inform the proprietor before departure.
  • The consumer shall use the rental object as a good caretaker and good driver and in accordance with its purpose. The consumer may not make any changes to the rental object. The consumer may not give up use of the rental object without the written consent of the proprietor.
  • When the consumer goes swimming, the motor should be switched off at all times.
  • At the end of the rental period, the consumer transfers the rental object to the proprietor at the agreed time and place and in the same condition as he received it.
  • Costs directly related to the use of the rental object, such as tolls, port, bridge, quay, lock and mooring fees and fuel costs, shall be borne by the consumer.
  • The consumer needs permission from the entrepreneur to have repairs done. The proprietor will reimburse the consumer for the repair costs if itemised bills are presented in this regard.
  • The costs of normal maintenance and repair of defects shall be borne by the proprietor.
  • The consumer must report damage of any kind, or facts and/or circumstances that could reasonably lead to damage, to the entrepreneur as soon as possible.
  • The consumer must comply with 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 hired object insofar as it is not covered by insurance during the time he has the hired object in his possession. The consumer is not liable if he can prove that the damage and/or loss has not been caused by him or by one of his co-tenants, or cannot be attributed to him and/or his co-tenants. Damage is also understood to mean consequential damage.
  • The consumer is fully liable for any (consequential) damage caused by him that is not insured on the basis of the insurance referred to in Article 8 if he uses the hire object in the area not agreed between him and the proprietor. For the Aira 22s, the Maxima sloops and the Tiny Houseboats, the sailing area is limited to the Friesian inland waters with the exception of the IJsselmeer and the Wadden. The IJsselmeer and the Wadden Sea do belong to the sailing area of the Hanse 315.
  • The consumer is fully liable for damage and costs, which are not insured under the insurance referred to in Article 8, that are the result of not following the instructions given by the proprietor to preserve the rental object and to maintain the rights of the proprietor as mentioned in Article 9 paragraph 10.
  • The proprietor is not liable for damage to property or for any bodily injury/accident unless that damage and/or that injury/accident is the direct result of a defect in the rental object made available by the proprietor.
  • For the excess, a deposit is provided by the consumer. The amount of the deposit is agreed at the time of booking. The deposit for the falcons is provided by signing a one-off direct debit. For other boats, the deposit must be paid before the rental starts. 
  • A deposit received will be refunded to consumer's bank account within 5 working days unless there is damage.

ARTICLE 11 - BREACH OF CONTRACT

  • If the proprietor fails to fulfil his obligations under the hire agreement, the consumer may consider the hire agreement to be dissolved without court intervention. The proprietor must then immediately refund 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 entrepreneur cannot be attributed to the latter.
  • The above does not apply if a mutually reasonable alternative is offered by the entrepreneur.
  • If the hired object is handed over at the agreed place later than the agreed time, the proprietor is entitled to a proportional increase in the hire price and to compensation for further (consequential) damage, unless the late return cannot be attributed to the consumer.
  • If the consumer does not hand over the hired object in the same condition as he received it, or if he has not acted in accordance with Article 9 of these Terms and Conditions, the proprietor is entitled to restore the hired object to the condition it was in at the start of the hire period, at the expense of the consumer. The latter does not apply if these costs are covered by insurance.

 

ARTICLE 12 - COMPLAINTS

  • Complaints about the implementation of the contract should be brought to the attention of the proprietor in writing or electronically and properly described and explained, within a reasonable time after the consumer has noticed or could have noticed the defects.
  • Failure to file the complaint on time may result in the consumer losing his rights in the matter, unless the delay cannot reasonably be attributed to the consumer.
  • If it has become clear that the complaint cannot be resolved by mutual agreement, there is a dispute.

ARTICLE 13 - DEVIATION FROM THE TERMS AND 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

 All disputes relating to this agreement shall be governed by Dutch law.

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