Houseboat rental in Warmond

Applicability 1. These General Terms and Conditions are applicable to all vessel hire contracts concluded between the proprietor and the consumer. 2. These Terms and Conditions can be translated from Dutch into a foreign language. Should there be any differences in the texts as a result of the translation, the Dutch text prevails. The Offer / Quatation The offer consists of a full and accurate description of the vessel to be supplied for hire and states in any event: - the period of hire and the harbour from which the vessel sets off and at which it arrives; - the hire charges with any additional costs and the method of payment. The price and price alterations 1. The hire price and any extra costs the consumer is required to pay are agreed beforehand, as is any entitlement to make an interim price alteration. 2. Alterations in taxes, excise duties and other such government levies can be passed on by the proprietor at any time. Cancellation If the consumer wishes to cancel the hire agreement, he must inform the proprietor as soon as possible in writing or electronically. In the event of cancellation, the consumer is obliged to pay the proprietor a fixed compensation amounting to: - 75% of the agreed hire charges in the event of cancellation at least one month before the commencement of the hire period; - 100% of the agreed hire charges in the event of cancellation within one month of the commencement of the hire period. The proprietor may cancel a hire agreement pertaining to open sailing and/or motor boats for which the period is not more than two days. If the hire company does not inform the consumer in writing in good time, the proprietor is re-quired to pay the consumer 25% of the amount due in hire charges. If the consumer cancels, he can ask the proprietor to accept substitution by a third party. If the aforementioned third party is acceptable to the proprietor, the consumer has to pay only 10% of the agreed hire charges with a minimum of €45.50 and a maximum of €113.50. The Proprietor's Obligations 1. At the start of the hire period, the proprietor makes the vessel available to the consumer. The proprietor ensures the vessel is in good condition, that it can serve the purpose it is intended for, and that it is fitted with reliable safety equipment that is suitable for the sailing area agreed on. 2. The proprietor is required to insure the vessel for use by the consumer so that there is adequate cover for third-party liability, hull damage and theft when sailing in the area agreed to by both proprietor and consumer. 3. In the event of bad weather (wind force 5 Bft or more) and/or excessive use of alcohol and/or drugs, the proprietor can forbid the consumer to depart or order the consumer to return to the marina or to sail without delay to a mooring point specified by the proprietor. 4. Before the consumer departs in the vessel, the proprietor is required to sign the list of conditions as correct.The proprietor makes a copy of the signed list of conditions and gives this to the consumer. 5. The proprietor provides the consumer with an inventory before the latter departs in the vessel. Consumer Obligations 1. The consumer should possess adequate sailing skills. If the consumer does not have the relevant CWO diploma (issued by the Committee for Water Sports Training) or an equivalent diploma, which should be evaluated by the proprietor, then the consumer should be aged at least 18 years. This age limit of 18 years does not apply to open sailing and/or motor boats. 2. The consumer is required to check the inventory, as stated on the inventory list given to the consumer by the pro-prietor and also to check the presence in the vessel of safety equipment suitable for the sailing area in question. 3. Before departing in the vessel, the consumer is required to sign the list of conditions as correct. 4. If the inventory present on board does not correspond with the inventory as stated in the inventory list, or if the safe-ty equipment is incomplete or defective, the consumer should inform the proprietor of this prior to departure. 5. The consumer uses the vessel with due care and diligence, in the manner of a good captain and in accordance with the intended purpose. The consumer may not alter the vessel in any way. The consumer may not put the vessel at anyone else's disposal without the written permission of the proprietor. 6. At the end of the hire period, the consumer transfers the vessel to the proprietor at the agreed time and place and in the same state in which he received it. 7. The costs directly related to the use of the vessel, such as fees for harbours, bridges, quays, locks and for mooring, and the costs of fuel are paid for by the consumer. 8. The consumer requires permission from the proprietor for repairs to be carried out. The proprietor repays the costs of the repairs to the consumer if specified invoices are submitted. 9. The costs of normal maintenance and repair of defects are at the expense of the proprietor. The consumer must inform the proprietor as soon as possible of any damage of any sort or, as the case may be, of the facts and/or circumstances which could reasonably lead to damage. The consumer must follow the proprietor’s instructions to safeguard the vessel and to preserve the rights of the proprietor. Liability 1. The consumer is responsible for any damage to and/or loss of the vessel that is not covered by insurance and which arises during the time that he has possession of the vessel. The consumer is not responsible if he can demonstrate that the damage and/or loss has not been caused by him or by one his party, or cannot be attributed to him or one of his party. The term damage also refers to consequential loss. 2. The consumer is fully responsible for any damage or consequential loss which is caused by him and which is not covered by insurance on the grounds of the insurance, in the event that he uses the vessel in a sailing area not agreed upon by both him and proprietor. 3. The consumer is fully responsible for any damage and costs, where these are not covered by insurance on grounds of the insurance, and which are the result of not following the instructions issued by the proprietor in order to safeguard the vessel and preserve the rights of the proprietor. 4. The proprietor is not responsible for damage to items or for any personal injury/accident unless the damage and/or that injury/accident is a direct consequence of a defect in the vessel that the proprietor has made available. Complaints 1. Complaints regarding the implementation of the contract should be made known to the proprietor in written or elec-tronic form and should be described and explained adequately, within a reasonable period, once the consumer has noticed or should have noticed the defects. 2. Not submitting the complaint on time can lead to the consumer losing his right regarding the matter, unless it is un-reasonable to blame this lateness on the consumer. 3. If it becomes clear that the complaint cannot be resolved by mutual consultation, a dispute situation has arisen. Dispute Settlement Rules 1. Disputes between consumer and proprietor regarding the preparation or execution of contracts regarding services and items delivered or to be delivered by this proprietor, and to which these Terms and Conditions apply, can be brought by either the consumer or the proprietor before the Water Recreation Disputes Settlement Committee. 2. The Disputes Settlement Committee mediates in a dispute only if the consumer has first submitted his complaint to the proprietor. 3. The Disputes Settlement Committee mediates in a dis-pute only if the dispute involves a sum of not more than €14,000. 4. Disputes involving financial interests greater than € 14,000 may only be handled by the Committee if both parties ex-plicitly agree to do so. 5. Once the complaint has been submitted to the proprietor, the dispute should be submitted to the Disputes Settle-ment Committee no more than three months later. 6. If a consumer brings a dispute before the Disputes Settlement Committee, the proprietor is bound to this decision. If the proprietor brings a dispute before the Disputes Settlement Committee, he is required to ask the consumer to declare within five weeks whether he agrees to this. The proprietor is also required to announce that he will deem himself free to bring the dispute before the court, once the aforementioned period has ended. 7. The Disputes Settlement Committee pronounces its judgment with due regard for the terms of the regulation that apply to the Committee. The decision of the Disputes Settlement Committee is made in accordance with that regulation by way of a binding decision. The regulation is sent if required. A fee is payable for hearing a dispute. 8. Only a court or the above-mentioned Disputes Settlement Committee is authorized to take cognizance of disputes.