TERMS AND CONDITIONS
These General Terms and Conditions of Amstelmeer boats were established as of 01-01-2023.
DEFINITIONS
In these terms and conditions, the following terms shall have the following meanings:
Boat: refers to the boat rented, including its accessories;
Renter: the natural person or legal entity who enters into the rental agreement as the renter;
Owner: the natural person or legal entity of Amstelmeer Boat Rental who enters into the rental agreement as the owner;
Consumer: the renter who is a natural person and has entered into the rental agreement for purposes that fall outside their business or professional activities;
Owner's damage: the pecuniary damage suffered by the owner as a result of:
damage (including abnormal wear and tear) or loss of the boat or its accessories (such as a key). This damage includes, among other things, the costs of replacing the boat's (accessories and parts) and the loss of rental income;
Driver: the actual driver of the boat;
In writing: in writing or electronically.
Article 1 - Applicability
These general terms and conditions apply to boat rental agreements between the owner and the renter.
Article 2 - The offer
1. The renter may choose whether the owner makes an offer in writing or orally.
2. An offer may be revoked if it is dependent on the availability of a boat. Otherwise, the offer cannot be revoked for a period of 14 days. The offer can be accepted immediately after it is made.
3. The offer includes a complete and accurate description of:
- the boat;
- the rental period;
- the rental fee;
- the payment method;
- any additional costs;
- the amount of the excess, or whether this excess can be bought off or not;
- the security deposit or other method of providing security. This security deposit amounts to a maximum of €50 and can be paid in cash or by another method;
- the fact that acceptance of the offer is not without obligation.
4. The offer includes the opening hours of the company and the telephone number on which the company can be reached.
5. These general terms and conditions are included with the offer. If it is not possible to provide them with the offer, the general terms and conditions will be provided at the time of concluding the agreement, but in the case of a rental agreement made by telephone, they will be provided later.
Article 3 - The agreement
1. The agreement is concluded by acceptance of the offer. The owner confirms the oral agreement in writing, but if this does not happen, the agreement remains valid.
2. The rental agreement applies for the period and at the rate stated on the rental agreement or as otherwise agreed. The rental agreement specifies the day and time the rental period starts and ends.
Article 4 - Termination (cooling-off period)
Renters have a right of termination for a period of 14 days after the conclusion of the rental agreement. This does not apply if the rental agreement is concluded in direct contact between the owner and the renter within a sales area, for example, at the rental counter. It also does not apply when the rental has been performed with the consent of the consumer during the cooling-off period and the consumer has agreed that there is no right of termination. If the rental has been partially performed during the cooling-off period with the consent of the consumer, the consumer shall pay for the service pro rata in the event of termination during the cooling-off period.
Article 5 - The price and price changes
1. The rental fee and any additional costs shall be agreed upon in advance. This also applies to the possible option to change the price during the rental period. The rental fee shall be clearly stated on the rental agreement.
2. If a price change occurs within three months after the conclusion of the agreement, it shall not affect the agreed price.
3. The consumer may terminate the agreement if the price increases after three months from the conclusion of the agreement but before the rental period begins.
4. The second paragraph does not apply to price changes arising from the law, such as an increase due to VAT.
5. Only costs that have been agreed upon can be charged to the renter. However, if there is a reason for the renter to pay compensation to the owner, the renter must do so.
Article 6 - The rental period and exceeding the rental period
1. The renter must return the boat no later than on the day and time the rental period ends. The address is stated on the rental agreement. If a different address has been agreed, the boat must be returned there on time. The owner must receive the boat during opening hours.
2. The renter may return the boat outside opening hours or at a different address only with the permission of the owner.
3. If the boat does not return as agreed after the end of the (extended) rental period, the owner may immediately take back the boat. The renter's contractual obligations remain in force until the moment the boat is returned to the owner.
4. If the renter fails to return the boat on time, the owner may charge the renter 20% of the daily rental price for each hour the boat is returned late. After a delay of five hours, a charge of up to 1.5 times the daily rental price per day may be imposed. In addition, the owner may request compensation for damage, both existing damage and future damage. If it is impossible to return the boat, no higher rental price will be charged. The increase in the rental price does not apply if the renter can demonstrate that the exceeding of the rental period is due to force majeure.
Article 7 - Cancellation
There are no costs associated with the boat reservation. In the event that you need to cancel, you can do so free of charge if you notify us in writing (by email) at least 24 hours in advance; otherwise, a full day's rental fee will be charged for cancellations received less than 1 day before the rental day.
Article 8 - Payment
1. At the beginning of the rental, the owner may request a security deposit.
2. Once the boat has been returned, the owner will refund the security deposit. The owner may deduct any outstanding costs.
3. In the event of owner's damage, the security deposit will also be used to offset the damage. The refund will be made as soon as the remaining amount is determined. The refund will be made within two months.
4. If another person has caused damage to the owner and the owner has received full compensation for this damage from this third party, the security deposit will be refunded within 14 days after the recovery of the damage. The owner will make efforts to recover damages caused by third parties as soon as possible. The owner will keep the renter informed of his efforts.
5. If the rental period begins within three months after the conclusion of the agreement, the owner may request a prepayment of up to 50% of the rent. Unless otherwise agreed, the rental fee must be paid immediately after the end of the rental period. Other amounts must be paid within ten days of receipt
Article 9 - Tenant's obligations
1. The tenant must handle the rented boat properly and ensure that it is used for its intended purpose.
2. The tenant must return the boat in the same condition as received, which means, for example, that any changes made to the boat must be undone. The tenant is not entitled to compensation for improvements made to the boat that need to be removed.
3. The tenant must secure the luggage on the boat carefully.
4. The tenant must ensure that the boat is not used by anyone who is physically or mentally incapable of doing so.
5. The tenant may not sublet the boat.
6. The tenant may not take the boat to other countries.
7. If the boat is damaged, Article 10, clause 1 applies, and the tenant must not continue sailing with it if it would worsen the damage.
8. The tenant is obligated to inform the individuals using the boat about the rental rules and ensure that they comply with them.
9. The tenant must handle the boat keys properly.
Article 10 - Instructions for the tenant
1. If the boat is visibly damaged, has been damaged, or goes missing, the tenant must follow these instructions:
- The tenant informs the landlord about it.
- The tenant does what the landlord asks.
- The tenant provides, on their own initiative or in response to a request, all information and relevant documents to the landlord or their insurer.
- The tenant leaves the boat in a manner that adequately protects it against damage or loss.
- It may be that the landlord wants to claim compensation from someone else. It may also happen that a third party believes the landlord should compensate them, and the landlord wishes to contest it. In such cases, the tenant must cooperate.
2. In case of the boat going missing, the tenant is obligated to report it to the local police.
Article 11 - Landlord's obligations
1. When the landlord provides a boat to the tenant, it must have the agreed accessories and specifications and also comply with the mandatory equipment in the Netherlands. The boat should be clean, well-maintained, and in good working condition to the extent known or reasonably apparent to the landlord.
2. If a boat cannot be provided from the agreed category, the tenant will receive a free upgrade. However, an upgrade is not possible if the agreed boat is already in the highest category.
3. The rental agreement includes telephone numbers where the tenant can contact the landlord during and outside opening hours.
4. Adequate breakdown assistance is provided.
5. Adequate breakdown assistance includes, at a minimum, offering a replacement means of transportation as similar as possible to the boat if it needs to be repaired. The boat will be repaired immediately unless it is not reasonably possible. If the breakdown is due to the tenant's fault, the costs of assistance will not be reimbursed by the landlord.
6. The landlord inspects the boat immediately upon its return by the tenant for any damage.
Article 12 - Tenant's liability for damage
1. The tenant is liable to the landlord for damage per occurrence up to the excess amount specified in the rental agreement, which is a maximum of €500 for boats.
2. If the damage results from something the tenant has done or not done in violation of Article 9, the tenant must fully compensate the landlord for the damage, unless the tenant proves that the action or omission cannot be attributed to them. Another exception may be if it is not reasonable and fair for the tenant to bear the full cost of compensation.
3. The tenant remains liable for damage to the landlord until the moment the landlord inspects or has the boat inspected. The landlord will inspect the boat at the earliest opportunity and inform the tenant immediately if any damage is found.
4. If the tenant brings another
person on board the boat or allows someone else to use the boat, the tenant is liable for the actions or omissions of these individuals in accordance with Article 12, clauses 1 and 2 of these general terms and conditions.
Article 13 - Boat defects and landlord's liability
1. If the tenant asks the landlord to resolve defects, the landlord must do so unless the defect cannot reasonably be remedied. The landlord is also not obliged to remedy the defect if it is not reasonable for the tenant to request it, considering the expenses the landlord would have to incur. If the tenant is liable to the landlord for the defect or its consequences, the landlord is not obligated to resolve the defects, even if the tenant has requested it.
2. If a person who has suffered personal injury can claim compensation from their own insurance or has received another payment, the landlord is not liable for this personal injury.
3. However, what is stated in Article 13, clause 2 does not apply if personal injury occurs while the landlord was aware or should have been aware of the defects at the time of the rental agreement, or if the defects are due to the landlord's intentional or grossly negligent actions.
Article 14 - Damage and repairs
1. Repairs to the boat are at the expense of the landlord unless the repair is a result of careless use of the boat by the tenant.
2. The tenant may only have someone other than the landlord repair the boat with the landlord's permission. The landlord grants permission if it is reasonably necessary considering the defect and other circumstances.
3. As an exception to clause 2, the tenant is allowed to refuel the boat with diesel fuel at their own expense.
4. If the boat sustains damage during the rental period, the tenant must return the damaged boat to the rental location. The parties can agree to report the damage at a different location.
5. The tenant must report damage to the boat to the landlord as soon as reasonably possible.
6. If the landlord fails to repair the rented boat promptly when they should, the tenant may have the repair done themselves and request reimbursement of reasonable costs.
7. The landlord is obligated to compensate for damage caused by a defect in the boat in the following situations:
- The defect existed at the time of entering into the rental agreement, and the landlord was aware of it or should have been aware of it.
- The defect was already present, but the landlord informed the tenant at the time of the agreement that the boat did not have the defect.
- The defect occurred after entering into the rental agreement, but it can be attributed to the landlord.
Article 15 - Termination of the rental
1. The landlord may terminate the rental agreement and take back the boat if:
- The tenant fails to fulfill one or more of their obligations during the rental period, unless it is not serious enough for termination.
- The tenant dies, is placed under guardianship, applies for a suspension of payments, is declared bankrupt, or is subject to the Dutch Natural Persons Debt Restructuring Act.
- The landlord becomes aware of circumstances that, if known, would have prevented them from entering into the rental agreement with the tenant. In that case, the landlord may still claim reimbursement for costs, damages, and interest.
2. The tenant must cooperate fully with the landlord in returning the boat.
3. The landlord is not liable for any damages suffered by the tenant as a result of termination based on this article.
Article 16 - Complaints and Mediation procedure
1. Complaints about the execution of the agreement must be submitted to the landlord, fully and clearly described, in a timely manner after the tenant has discovered that something has gone wrong. If the tenant is late in submitting the complaint, they may lose their rights.
Article 17 - Applicable law
Dutch law shall apply to this agreement unless the mandatory provisions of another country's law are applicable.