General terms and conditions for the rental and rental of vessels of giethoornbootjehuren.nl
ARTICLE 1 – DEFINITIONS
In these terms and conditions, the following definitions apply:
- Entrepreneur: a natural or legal person who concludes an agreement with a consumer for the provision of a vessel against payment of a rental price. This entrepreneur is a member of the partnership giethoornbootjehuren.nl
- Consumer: a natural person who concludes an agreement with an entrepreneur for the use of a vessel against payment of a rent. This consumer does not conclude the agreement on behalf of his profession or business, but in a personal capacity.
- Parties: the entrepreneur and the consumer, as described under a and b.
- Vessel: an object made to reside on the water and move on it, including the equipment and inventory associated with it. These terms and conditions explicitly refer to a vessel that is intended for sports or leisure activities.
- Rental agreement: an agreement with which the entrepreneur undertakes to give a vessel without or with crew into use to the consumer against payment.
- Electronic: by e-mail or website.
- Inventory: list of objects belonging to the vessel.
- Condition list: list on which the parties record the condition of the vessel and what damage, if any, is present before departure.
- Disputes Committee: the Water Recreation Disputes Committee in The Hague. All amounts stated in these general terms and conditions include VAT.
ARTICLE 2 – APPLICABILITY OF THESE TERMS AND CONDITIONS
These general terms and conditions apply to every quotation and every agreement concluded between entrepreneurs and consumers regarding ship rental/ rental.
ARTICLE 3 – OFFER/QUOTATION
- Entrepreneurs make an offer or quotation orally, in writing or electronically.
- If the oral offer is not accepted immediately, the oral offer is invalid, unless the entrepreneur immediately gives the deadline.
- Written or electronic offers must be dated. If the period of validity is stated in the offer, the entrepreneur will not change or withdraw his offer within that period. If no period is indicated, the entrepreneur will not change or withdraw his offer within 14 days after that date.
- The offer contains a complete and accurate description of the vessel to be rented and in any case states:
– the rental period and the boat rental company of departure/arrival;
– the rent with any additional costs and payment method;
– the amount of the excess of the insurance;
– the amount and method of guarantee, June 2018
– the cancellation procedure.
- With each offer, the entrepreneur provides a copy of these general terms and conditions.
ARTICLE 4 – AGREEMENT
There is an agreement as soon as the consumer accepts the offer of the entrepreneur. If he accepts this offer electronically, the entrepreneur will send a confirmation to the consumer electronically.
- Each agreement is preferably recorded in writing or electronically.
- With a written agreement, the entrepreneur must always give a copy to the consumer.
ARTICLE 5 – PRICE AND PRICE CHANGES
- The entrepreneur and the consumer agree in advance: – which rent and any additional costs the consumer must pay; and – whether the entrepreneur may change the price in the meantime and if so, under what conditions.
- The entrepreneur can always pass on changes in taxes, excise duties and other similar levies of the government to the consumer.
ARTICLE 6 – PAYMENT TERMS
- The consumer must pay the rent within 14 days after receipt of the invoice, but in any case on the starting date of the agreed rental period. He can pay the rent at the entrepreneur’s office or by transferring the money to a bank account determined by the entrepreneur. Only after paying the invoice is the reservation final.
- If the consumer does not pay on time, he is in default and the entrepreneur does not have to inform him of the breach of contract. However, the entrepreneur still sends the consumer a free payment reminder after the expiry of the payment date. In it, he pointed out to consumers his breach of contract and still gave him the opportunity to pay within 14 days. In the payment reminder, the entrepreneur has also mentioned the extrajudicial costs that the consumer owes in the event of late payment.
- If the period of 14 days referred to in paragraph 2 has expired and the consumer has not paid, the entrepreneur has the right to claim payment of the amount due without further giving the consumer notice of default. Linked to this, he can reasonably charge extrajudicial collection costs. Please register for this The maximum amount for extrajudicial collection costs (reimbursement) stated in the decree. In accordance with legislative changes, these maximum amounts are set at:
– 15% on the first € 2,500,-, with a minimum of € 40;
– 10% on the next € 2.500,-;
– 5% on the next € 5,000;
– 1% on the next € 190,000;
– 0.5% on the excess, with a maximum of € 6,775,-.
ARTICLE 7 – CANCELLATION
- If the consumer wants to cancel the rental agreement, he must inform the entrepreneur of this in writing or electronically as soon as possible. If the consumer cancels, the entrepreneur can claim a fixed (fixed) compensation of:
– 25% van de overeengekomen huursom bij annulering tot 1 maand vóór aanvang van de huurperiode;
– 50% van de overeengekomen huursom bij annulering tot 2 weken vóór aanvang van de huurperiode;
– 100% van de overeengekomen huursom bij annulering binnen 48 uur vóór aanvang van de huurperiode of op de ingangsdatum van de huurperiode.
- If the consumer cancels a rental agreement, he can ask the entrepreneur whether another person can take over the agreement via a ‘substitution’. If the entrepreneur agrees, the consumer owes change costs. This change fee is 10%
of the agreed rent with a minimum of € 10.00 and a maximum of € 25.00.
ARTICLE 8 – OBLIGATIONS OF THE ENTREPRENEUR
- At the start of the rental period, the entrepreneur makes the boat available to the consumer. The entrepreneur ensures that the boat is in good condition, can meet the intended purpose and that it is equipped with appropriate safety equipment appropriate to the agreed sailing area.
- The entrepreneur is obliged to use the boat for the benefit of the consumer adequately insure against legal liability, hull damage and theft. This insurance only applies to the use of the vessel in the sailing area that the entrepreneur and the consumer have agreed. For the insurance there is a reasonable excess that is in line with the value of the rented boat.
- Before departure, the parties record the condition of the boat in a condition list that is signed by both parties. The entrepreneur gives a copy of the signed condition list to the consumer.
- The entrepreneur gives an inventory list to the consumer before the departure.
- At the end of the rental period, the entrepreneur will receive the vessel at the agreed place and time, unless he has agreed otherwise with the consumer.
- The entrepreneur ensures that the necessary (emergency) telephone numbers are present in the boat.
ARTICLE 9 – OBLIGATIONS OF THE CONSUMER
- Consumers must have sufficient boating skills. If the consumer is not in possession of the relevant CWO diploma (Bestuursdienst Watersport) or equivalent (at the choice of the entrepreneur), he must in any case be 18 years old. The age limit of 18 years does not apply to open sailing and/or motor boats.
- The consumer must ensure that the skipper required for the voyage refrains from using alcohol and/or drugs during the voyage.
- Consumers must comply with the entrepreneur’s instructions to protect the ship and enforce the rights of the entrepreneur. This also includes the prohibition to sail or return to the terminal, and the order to sail directly to a berth to be determined by the entrepreneur due to bad weather conditions and/or excessive drinking and/or drug use.
- Before departure, the consumer receives an inventory list from the entrepreneur. The consumer is obliged to check whether the inventory on this list is present in the vessel. He must also check that the vessel is equipped with safety equipment that is appropriate to the relevant sailing area.
- If the inventory on board does not correspond to the inventory on the inventory list, or if the safety equipment is incomplete or defective, the consumer must report this to the entrepreneur before departure. This does not affect the obligation that the entrepreneur has on the basis of Article 8 paragraph 1.
- Before departure, the consumer must sign the condition list for approval.
- The consumer uses the vessel as a good family man and good skipper and in accordance with the destination. The consumer may not make changes to the vessel and may not give the vessel to another person in use without written permission from the entrepreneur.
- At the end of the rental period, the consumer transfers the vessel to the entrepreneur at the agreed time and place and in the same condition as he received the vessel. juni 2018
- The costs directly related to the use of the vessel are for the account of the consumer. This concerns, for example, port, bridge, quay, lock and mooring fees and fuel costs.
- If the consumer wants to have repairs carried out, he needs permission from the entrepreneur. The entrepreneur pays the repair costs back to the consumer if he returns specified invoices for this.
- The costs of normal maintenance and repair of defects are for the account of the entrepreneur.
- The consumer must report damage of any kind to the entrepreneur as soon as possible. This also applies to facts and/or circumstances that can reasonably lead to damage.
ARTICLE 10 – LIABILITY
- The consumer is liable for damage and/or loss of the vessel during the period that he has rented the vessel. This only applies to damage and/or loss insofar as not covered by the insurance. The consumer is not liable if he can prove that the damage and / or loss was not caused by him or by one of his fellow passengers or is not attributable to him and / or his own. Damage is also understood to mean consequential damage.
- The consumer is always liable for (consequential) damage that he causes if: – he knowingly uses the vessel outside the sailing area that he has agreed with the entrepreneur; and /or – he knowingly does not comply with the instructions of the entrepreneur to preserve the vessel and / or to preserve the rights of the entrepreneur.
- This liability is limited to an amount of € 500, – plus the deductible and applies regardless of the insurance of the vessel.
- The entrepreneur is not liable for damage to goods or for any physical injury or accident. He is only liable for this if that damage and / or injury / accident is the direct result of a defect in the rented vessel.
ARTICLE 11 – NON-COMPLIANCE WITH THE AGREEMENT
- If the entrepreneur does not comply with his obligations under the rental agreement, the consumer can dissolve the rental agreement without having to go to court. The entrepreneur must then immediately refund all amounts that the consumer has already paid.
- The consumer can also claim compensation for any damage he has suffered, unless the shortcoming on the part of the entrepreneur cannot be attributed to the entrepreneur.
- The above does not apply if the entrepreneur offers an alternative solution that is reasonable for both parties.
- If the consumer transfers the vessel later than at the agreed time and / or not at the agreed place, the entrepreneur is entitled to a proportional increase in the rent and to compensation for further (consequential) damage. This right lapses if the late transfer of the vessel and/or the other place of transfer cannot be attributed to the consumer.
- If the consumer does not transfer the vessel in the same condition as in which he received it, the entrepreneur has the right to repair the vessel in the said condition at the expense of the consumer. He may also do so if the consumer has not complied with the obligations in Article 9 of these terms and conditions. The consumer does not have to pay the repair costs insofar as they are covered by the insurance. This does not apply if there is a situation as referred to in Article 10 paragraph 2.
ARTICLE 12 – COMPLAINTS
- If the consumer has complaints about the execution of the agreement, he must report them to the entrepreneur by letter or electronically. He must do this within a reasonable (appropriate) time after he has discovered or could have established the defects. He must sufficiently describe and explain the complaints.
- If the consumer has complaints about an invoice, he should preferably report them to the entrepreneur by letter. He must do this within a reasonable (appropriate) time after he has received the relevant invoice. He must sufficiently describe and explain the complaints in his letter. June 2018
- If the consumer does not submit his complaint in time, this may result in him losing his rights in this area. If the fact that he did not complain in time cannot reasonably be attributed to the consumer, he retains his rights.
- If it has become clear that the complaint cannot be resolved by mutual agreement, there is a dispute.
ARTICLE 13 – DEROGATION FROM THE CONDITIONS
Additional provisions or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded either in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.
ARTICLE 14 – CHOICE OF LAW
All disputes relating to this agreement are governed by Dutch law, unless other national law applies on the basis of mandatory rules.