Boatrental Giethoorn

General conditions

GENERAL RENTAL CONDITIONS BOAT RENTAL KONINGTERIJK B.V.

Location: Boatrental Giethoorn & Hotel De Pergola (KVK 64858839 - VAT 8558.80.697.B.01)

ARTICLE 1 - DEFINITIONS

The following definitions apply in these terms and conditions:
  1. Entrepreneur: a natural person or legal entity who concludes a contract with a consumer for the provision of a vessel against payment of a rental fee.
  2. Consumer: a natural person who concludes a contract with an entrepreneur for the use of a vessel against payment of a hire price. This consumer does not conclude the contract in the name of his profession or company, but in a personal capacity.
  3. Parties: the proprietor and the consumer, as described under 1 and 2.
  4. Vessel: an object made to stay on and move around on water, including the equipment and inventory belonging to it. In these conditions, it explicitly refers to a vessel intended for leisure purposes.
  5. Rental agreement: an agreement by which the proprietor undertakes to put a vessel into use by the consumer without or with crew for a fee.
  6. Electronic: by e-mail or website.
  7. Disputes committee: the Water Recreation Disputes Committee in The Hague.
  8. Skipper: the person driving the vessel. All amounts stated in these general terms and conditions include VAT.

ARTICLE 2 - APPLICABILITY OF THESE TERMS AND CONDITIONS
These general conditions apply to every offer and every agreement concluded between entrepreneurs and consumers regarding boat hire/rental.

ARTICLE 3 - OFFER/QUOTATION
  1. The Contractor makes an offer orally, in writing or electronically.
  2. The offer contains a complete and accurate description of the vessel to be hired out and states in any event:
    1. the hire period and the boat hire company of departure/arrival;
    2. the hire price with any additional costs and method of payment;
    3. the amount of the insurance excess (€150);
    4. the cancellation policy.
  3. By entering into the rental agreement, the consumer agrees to the general conditions as found on the Boatrental-Giethoorn.eu website.

ARTICLE 4 - AGREEMENT
  1. There is a (rental) agreement as soon as the consumer accepts the proprietor's offer. If he accepts this offer electronically, the entrepreneur sends an electronic confirmation to the consumer.
  2. Every agreement is preferably recorded in writing or electronically.

ARTICLE 5 - PRICE AND PRICE CHANGES
  1. The proprietor and the consumer agree beforehand on: - the rental price and any additional costs the consumer has to pay; and - whether the proprietor is allowed to change the price in the interim and, if so, under what conditions.
  2. The proprietor can always pass on changes in taxes, excise duties and other similar government levies to the consumer.
ARTICLE 6 - TERMS OF PAYMENT
  1. Reservations made more than 7 days before the agreed rental period must be paid no later than 7 days before the agreed rental period.
  2. Reservations made < 7 days before the agreed rental period must be paid immediately.
  3. In case of late payment, the entrepreneur is entitled to cancel the reservation.
  4. In the event of default by the consumer, the proprietor reserves the right to compensation for damages suffered by the proprietor as a result of this default.
  5. In all cases, the proprietor only hands over the vessel after receipt of the rental payment.

ARTICLE 7 - CANCELLATION
  1. If the consumer wishes to cancel the hire agreement, he should inform the proprietor of this as soon as possible in writing or electronically. If the consumer cancels, the proprietor can claim a fixed (fixed) compensation of:
    1. 25% of the agreed hire price in case of cancellation up to 1 month before the start of the hire period;
    2. 50% of the agreed hire charges in the event of cancellation up to 2 weeks before commencement of the hire period;
    3. 100% of the agreed hire charges for cancellation within 48 hours of commencement of the hire period or on the commencement date of the hire period.
  2. If the consumer cancels a hire agreement, he can ask the proprietor whether another person may take over the agreement via a 'substitution'. If the proprietor agrees to this, the consumer owes amendment costs. These alteration costs amount to 10% of the agreed hire charges with a minimum of € 10 and a maximum of € 25.

ARTICLE 8 - OBLIGATIONS OF THE PROPRIETOR
  1. At the start of the hire period, the proprietor makes the boat available to the consumer. The proprietor ensures that the boat is in good condition, can fulfill its intended purpose and is equipped with appropriate safety equipment appropriate for the agreed sailing area.
  2. The proprietor is obliged to adequately insure the boat for the consumer against third-party liability, hull damage and theft. This insurance only applies to use of the vessel in the sailing area agreed between the proprietor and the consumer. The insurance is subject to a reasonable excess in line with the value of the hired boat.
ARTICLE 9 - CONSUMER OBLIGATIONS
  1. Consumers must have sufficient sailing skills. If the consumer does not possess the relevant CWO diploma (Bestuursdienst Watersport) or equivalent (at the discretion of the proprietor), he must in any case be 18 years of age. The age limit of 18 does not apply to open sailing and/or motor boats.
  2. Consumers must ensure that the skipper required for the cruise refrains from using alcohol and/or drugs during the cruise.
  3. Consumers must comply with the instructions of the operator to protect the vessel and enforce the operator's rights. This includes the prohibition to sail or return to the terminal, and the order to sail immediately to a berth to be determined by the entrepreneur due to bad weather conditions and/or excessive consumption of alcohol and/or drugs.
  4. By sailing, the consumer agrees to the condition of the boat.
  5. The consumer uses the vessel as a good housekeeper and good skipper and in accordance with the destination. The consumer may not make any changes to the vessel and may not give the vessel to another party without the written consent of the proprietor.
  6. At the end of the agreed hire period, the consumer shall return the vessel to the port and place from which it sailed. (If this is not possible, the consumer should inform the entrepreneur of this immediately by telephone).
  7. If the consumer wants to have repairs made, he needs permission from the entrepreneur.
  8. The consumer should report damage of any kind to the entrepreneur as soon as possible. This also applies to facts and/or circumstances that could reasonably lead to damage.

ARTICLE 10 - LIABILITY
  1. The consumer is liable for damage and/or loss of the vessel during the period he has rented it.
  2. If the operator of Boatrental-Giethoorn.eu (KoningteRijk B.V.) is held liable for damage caused by a consumer, KoningteRijk B.V. will in turn recover this damage from the consumer.
  3. The consumer is always liable for (consequential) damage caused by him if: - he knowingly uses the vessel outside the sailing area that he has agreed with the proprietor (the map available on location); and/or - he knowingly does not comply with the instructions of the proprietor to preserve the vessel and/or to preserve the rights of the proprietor.
  4. The proprietor is not liable for damage to property or for any bodily injury or accident. He is only liable for this if that damage and/or that injury/accident is the direct result of a defect in the chartered vessel that can be attributed to the proprietor.
  5. The proprietor is not liable for the loss or theft of the consumer's possessions during the hire period.
ARTICLE 11 - NON-COMPLIANCE WITH THE CONTRACT
  1. If the proprietor does not comply with his obligations under the hire contract, the consumer can dissolve the hire contract without having to go to court. The proprietor must then immediately repay all amounts the consumer has already paid.
  2. If the consumer transfers the vessel later than at the agreed time and/or not at the agreed place, the proprietor is entitled to a fine of €190, a proportional increase in the hire charges and 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.
  3. If the consumer does not leave the vessel in the same state at the departure location as he received/picked it up, the proprietor is entitled to restore the vessel to the said state at the consumer's expense. He may do so even 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 insurance. This does not apply if there is a situation as mentioned in article 10 paragraph 3.

ARTICLE 12 - COMPLAINTS
  1. If the consumer has complaints about the implementation of the agreement, he should report these to the entrepreneur by letter or electronically. He must do this within a reasonable (appropriate) time after he has discovered or could have discovered the defects. He must sufficiently describe and explain the complaints.
  2. If the consumer has complaints about an invoice, he must report them to the entrepreneur, preferably by e-mail. He should do this within a reasonable (appropriate) time after he has received the relevant invoice and before sailing. He must adequately describe and explain the complaints in his letter.
  3. If the consumer does not file his complaint in time, it may result in him losing his rights in this regard. If the fact that he did not complain in time cannot reasonably be attributed to the consumer, he will retain his rights.
  4. 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
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. All disputes relating to this agreement are governed by Dutch law, unless other national law applies on the basis of mandatory rules.

Rules of the game on the water
  1. Towing and/or pushing other vessels is not allowed.
  2. The compartment containing the batteries may not be opened and/or used to store personal belongings.
  3. In case of breakdown, the rental company must be informed immediately.
  4. It is recommended to use swimming shoes while swimming.
  5. Dirt in the propeller must be removed by the driver of the boat. To do so, turn the ignition to "off" and remove the key from the ignition.

Traffic regulations on the water
  1. The lessee is bound by the applicable traffic regulations.
  2. The maximum boating speed in the old centre of Giethoorn is 6km/h.
  3. The minimum age to drive a motor vessel is 18 years.
  4. Between post 5 and post 1 in the village canal is one-way traffic.
  5. Traffic in the village canal has priority on the side canals.
  6. Touring boats and sailing boats have the right of way at all times and everywhere, even if they make a special manoeuvre.