a. Upon receipt of the contract (rental agreement), Willem Barentsz (hereinafter referred to as the lessor) gives the lessee an option on the desired vessel until the down payment.
b. The contract will be emailed to the lessee in PDF format unless otherwise requested by the lessee.
c. The contract must be ratified by the lessee within 3 days by paying the down payment as stated in the contract.
A booking exists in any of the following cases:
a. up to 3 days after entering into an option.
b. 40% of the total rent due (or the amount mentioned in the contract), being the down payment, is received by the lessor within 3 days after the date of the contract.
c. The total rent is paid no later than 3 weeks before the start of the rental period.
a. After receipt of the contract by the lessee, 40% of the total rent (or the amount mentioned in the contract), being the down payment, must be received by the lessor within 3 days after the date of the contract. The remaining amount must be received by the lessor no later than 3 weeks before the start of the rental period.
b. When booking within a shorter period than 3 weeks, the total rent is to be paid immediately after receipt of the rental contract, with a deadline of 3 days and at least 1 day prior to the start of the rental period.
c. Administration costs are included in the total rent.
d. The total rent does not include the deposit of € 525,- in cash. This must be paid in cash to the lessor or a person designated by the lessor at the start of the rental period.
Cancellations by the lessee will be accepted only by registered written notice stating the applicable reason. If the lessee cancels the agreement, the following cancellation fees expressed as a percentage of the total rental sum will apply:
– 2 to 3 months before the start of the rental period: 25%
– 1 to 2 months before the start of the rental period: 50%.
– 2 weeks to 1 month before the start of the rental period: 75%.
– 3 days to 2 weeks before the rental period: 90%.
– less than 3 days before the start of the rental period: 100%.
In case of cancellation € 50,- administration costs will be charged to the renter.
Upon delivery of the rented object, the lessee will pay to the lessor a deposit of € 525,- in cash, being the excess of the ship’s insurance, which sum the lessor will refund when the rented object is handed over to the lessor on time, clean and without damage at the agreed place. See Article 15 regarding exceptions to refund of the deposit.
6. TERMINATION OF THE LEASE
a. The lessor reserves the right, in case of proven incompetence regarding the sailing and/or navigating of the vessel by the lessee, to immediately dissolve the rental agreement, without the lessor being held to any compensation and/or refund of the rental amount towards the lessee.
b. If the lessee fails to fulfill his obligations, the lessor has the right to dissolve the agreement without court intervention. The lessor is then also entitled to compensation for his damages.
c. If the lessee returns the vessel later than agreed, the lessor is entitled to a proportional increase in the rental price with a minimum of €50 and to damages. Unless the late return cannot be attributed to the hirer.
7. SAILING AREA
The vessel may be used on all Dutch inland waters, as well as on the Wadden Sea, the IJsselmeer and the major rivers. Extension of the sailing area is only possible if agreed in writing with the lessor.
8. DAMAGE, LIABILITY & INDEMNIFICATION
a. The lessor has insured the rented for the lessee against hull damage or theft for sailing on Dutch inland waterways. The insurance has an excess per claim (€ 525,-) which is at the expense of the lessee. The insurance conditions do not allow, under application of the Dutch law, that in addition – concerning the damage compensated by the insurance – any amount will be recovered from the hirer.
b. The hirer is liable for all damage (including the damage caused by possible loss or theft or misappropriation of the vessel or any part thereof or any item belonging to it), which may be caused to the vessel with accessories or in relation to the vessel with accessories during the hire period and any consequential damage, except insofar as such damage is covered by the hull insurance.
c. The lessee shall indemnify the lessor against all damages by or to persons on board or third parties, for which the lessor may be liable under the law.
d. The lessee indemnifies the lessor against all fines, transactions and administrative penalties etc. that may be imposed on the lessor in connection with crimes and violations committed during the rental period by the lessee and/or driver and/or crew of the vessel. For such fines, transactions and administrative sanctions the lessee shall bear the full risk and responsibility and liability in relation to the lessor, and to the extent possible also directly in relation to the trailer(s) of such fines, transactions and administrative sanctions etc.
e. The provisions of paragraphs c and d do not apply if the lessee proves that the amounts owed by the lessor are a result of an inherent defect of the vessel already present at the start of the lease.
f. The lessor is not liable for any costs and/or damage which may arise for the lessee or the driver of the vessel or persons on board as a result of any damage and/or defect and/or loss of the vessel with accessories or caused to third parties. Lessee is advised to take out his own travel insurance for this.
g. If the hirer is unable to use the vessel during the hire period for any reason whatsoever, the lessor is not liable for the resulting damage, but the hirer is obliged to pay the agreed hire price.
h. The provisions in paragraph e of this article apply accordingly to the provisions in paragraphs f and g.
9. REPORTING OBLIGATION
The lessee is obliged to immediately report to the lessor any fact, from which damage has arisen, may arise and/or which may be of interest to the lessor and/or insurer. The lessee will comply with the lessor’s instructions.
10. OBLIGATION OF THE LESSOR
a. The lessor undertakes to make the rented vessel available ready for use at the agreed time. It will be in good condition; it will be able to be used for its intended purpose.
b. If the lessor fails to comply with his obligations, the lessee has the right to regard the agreement as dissolved without the intervention of the court, if the default gives sufficient cause for this. Lessor shall in that case immediately refund all amounts already paid. Instead of dissolution and/or compensation for damages, the lessee shall have the option to claim from the lessor a reasonable penalty for each day that the Leased Premises are delivered later than agreed upon, for no more than the number of days of the lease period. The above does not apply if a reasonable alternative is offered.
11. LESSEE’S OBLIGATIONS
a. The lessee shall use the vessel as a good lessee and good skipper in accordance with its intended use.
b. Lessee is not authorized to operate the vessel under the influence of alcohol, drugs or other narcotics.
c. Hirer is obliged to comply with the directions and instructions given to him by the lessor at the beginning of the hire period.
d. Lessee shall not sublet or otherwise assign the vessel to third parties for use.
e. The hirer will not make any changes in or to the vessel.
f. At the end of the rental period, the lessee shall return the rented vessel to the lessor at the agreed time and place in the same condition in which he received it.
g. All costs for keeping and sailing with the rented vessel such as harbor dues, bridge dues, quay dues, lock dues, mooring fees, and costs for fuel and lighting shall be borne by the lessee.
h. The lessee is liable for damage to and loss of the hired object, occurring during the time he has the hired object in his possession, without prejudice to the provisions concerning the sailing area. The lessor cannot be held liable for any bodily injury (accident), theft or loss of private property. The renter is advised to take out travel insurance for this purpose.
i. The lessor is entitled to recover any (damage-) costs resulting from the lessee’s failure to comply with articles of the rental conditions directly from the lessee.
Among other things, the lessee is not allowed, except by agreement and with the written permission of the lessor:
a. to stay on board with more crew members than those specified in the contract.
b. to participate in races.
c. to keep pets on board.
d. to set sail in adverse weather conditions or forecast of adverse weather conditions.
e. to sail at night, except by arrangement and using legally required lighting.
f. make telephone calls by VHF radio.
g. to tow other vessels.
a. With the exception of the costs mentioned in Article 11.g, the normal maintenance of the rented object will be the responsibility of the lessor.
b. In case of damage, breakdown, damage or otherwise, the Hirer will contact the Lessor as soon as possible.
c. For repairs of € 25 or more, the lessee needs the permission of the lessor, unless factual circumstances prevent this.
d. The lessee will give the lessor and its insurance company the opportunity to investigate the damage before repairs are made.
e. In case of breakdown, damage or otherwise, which is not the result of wear and tear and maintenance, the lessee is liable for the (consequential) damage, the costs of salvage, rescue and towing assistance. Compensation claimed for this is for the account of the lessee, unless it cannot be imputed to him and the damage is covered by the current insurance on the vessel. It is in the lessee’s interest to exercise care in accepting assistance. The hirer is advised to take out a guarantee / consequential loss insurance policy from Unigarant.
f. Reimbursement of repair costs will be made upon presentation of itemized bills. The renter will take back replaced parts unless this is not reasonably possible.
14. HARBOUR REGULATIONS
a. The lessee is not permitted to spend the night on/near the marina premises in a car, aboard a vessel or by any other means such as a tent, unless otherwise agreed in writing with the lessor.
b. The lessee is authorized to park a maximum of 1 vehicle in the harbor area for the duration of the cruise, where the license plate number of the vehicle corresponds to the license plate number mentioned in the contract completed by the lessee.
c. The vehicle will be parked in a spot to be designated by the lessor or harbor master.
d. The lessee agrees that the lessor will pass on the name of the lessee, the (mobile) phone number and the license plate number of the vehicle to be parked to the harbor master.
a. At the end of the rental period, the lessee must return the vessel with full fuel tanks. The lessee can also buy off having the tanks filled; costs incurred will be deducted from the deposit.
b. The vessel shall be returned to the home port by the lessee in good time, before the expiration of the rental period. In case of late return to the home port, the costs of this delay, including to any waiting next lessees, will be borne by the lessee. After the expiration of the contractual rental period, the lessor is entitled to charge 5% of the weekly price per hour if the lessee returns the vessel late without notification. When the lessee returns the vessel late with notification of this by the lessee and after agreement of the lessor, the lessor is entitled to charge 2% of the weekly price per hour.
c. If the lessee leaves the vessel at a place other than the home port, the costs of transportation and delay will be borne by the lessee; costs incurred will be deducted from the deposit.
d. Damage caused during the rental period must be reported to the lessor by the lessee. The damage will be deducted from the deposit.
e. The lessor remains entitled to hold the lessee liable for unreported damage (including resulting costs, fines, etc.), even if the damage is not discovered until some time after return and the damage in question has demonstrably occurred during the lessee’s rental period.
f. If the costs mentioned in article 15.c and 15.d are greater than the amount of the deposit, the lessee must pay the additional costs in cash immediately after the end of the rental period.
g. Any equipment lost during the rental period must be reimbursed by the renter.
h. The vessel is handed over to the lessor by the lessee, using the inventory and checklist.
16. OTHER PROVISIONS
a. Headings in these rental terms are for readability purposes only.
b. The agreement between the lessor and the lessee is governed by Dutch law. The court to hear disputes is the competent court in the district where the lessor is located, or according to the law competent court, this at the discretion of the lessor.