General terms and conditions

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In any case, our Dutch general terms and conditions apply. The following non-binding translation is for your information only.

ARTICLE 1 DEFINITIONS

  • The landlord: Yachtcharter Friesland B.V.
  • The tenant: Person whose name is stated on the lease.
  • Rental agreement: Agreement under which, Yachtcharter Friesland bv, undertakes, to provide the tenant with a motor yacht for use, against payment.
  • Rent: The amount that is only paid, as rent, for the motor yacht to be rented.

 

ARTICLE 2 – APPLICABILITY OF THESE TERMS

These general terms and conditions apply to any agreement concluded by the lessor and hirer for the rental / rental of a motor yacht.

 

ARTICLE 3 – AGREEMENT

The rental agreement contains a complete and accurate description of the motor yacht to be rented and states in any case:

  • The rental period and the port of departure and arrival.
  • The rent with any additional costs and payment method.
  • The amount of the insurance deductible.

Additional wishes are recorded in writing. In writing is understood to mean both email and letter. The rental agreement is only final if a down payment of half the rental amount has been paid within 14 days and the rental agreement is returned unchanged and signed at the same time. The landlord supplies a copy of the general terms and conditions with each lease.

 

ARTICLE 4 – PRICE AND PRICE CHANGES

The landlord and tenant agree in advance what rent and any additional costs the tenant must pay. The landlord can always pass on changes in taxes, excise duties and other similar government levies to the tenant.

 

ARTICLE 5 – TERMS OF PAYMENT

The tenant must pay half the rent within 14 days after receipt and approval of the rental agreement (see ARTICLE 3). The remainder of the rent must be received by the lessor 3 weeks before departure. If the tenant does not fulfill his payment obligation within the specified payment term, the rental agreement will lapse.
The hirer is obliged to pay the owed rent and deposit and respective cancellation costs, even if he does not use the vessel or just for a shorter period.

 

ARTICLE 6 – CANCELLATION

If the tenant does not fulfill his payment obligation within the specified payment term, the rental agreement will lapse, even without reminder.
In a so-called force majeure situation, the landlord will offer a free rebooking. High or low water, drought, ice, storm or other weather reasons do not give the right to cancel the lease.
If the tenant wishes to cancel the lease, the tenant must notify the landlord in writing as soon as possible. In case of cancellation, the tenant owes the landlord fixed compensation in the amount of:

  • 15% of the agreed rent in case of cancellation up to three months before the start of the rental period.
  • 50% of the agreed rent in case of cancellation up to two months before the start of the rental period.
  • 75% of the agreed rent in case of cancellation up to one month before the start of the rental period.
  • 100% of the agreed rent in case of cancellation within one month before the start of the rental period.

The tenant can choose to take out cancellation insurance when booking. The costs of the cancellation insurance are 7.5% of the rent. Separate conditions apply to cancellation insurance.

 

ARTICLE 7 – INSURANCE 

The lessor has taken out liability and hull insurance for the vessel on behalf of the renter and his travel group, including fire, theft and salvage costs. This insurance only applies to use of the vessel in the sailing area that the lessor and the hirer have agreed. The insurance does not cover damage in the event of deliberate destruction, drunkenness and gross negligence on the part of the tenant.

 

ARTICLE 8 – DEPOSIT

A deductible of € 500.00 (five hundred euros) applies to the insurance. This amount is requested from the tenant as a deposit.
Before departure, the deposit must be paid in cash by the tenant. When the tenant delivers the ship clean, damage-free and with complete inventory, the tenant will receive the full deposit back. In case of damage, the costs can be charged and deducted from the deposit to be refunded. If the damage cannot be determined immediately, the deposit will only be returned after the costs have been determined. In case of improper use, the lessor has the right to retrieve the motor yacht, with deduction of the total deposit.

 

ARTICLE 9 – OBLIGATIONS OF THE TENANT

The tenant must have sufficient sailing skills and must be at least 18 years of age or older. The tenant uses the vessel with due diligence and good skipper. In addition, the tenant undertakes:

  • To adhere to the instructions of the lessor to keep the vessel. For example, a prohibition to sail out or return to the marina or an order to sail directly to a mooring place to be determined by the lessor due to bad weather conditions.
  • Not to be sailed at night, only between sunrise and sunset.
  • Do not change the vessel.
  • Not to give or sublet the vessel to another person.
  • To man the motor yacht with the predetermined number of persons and not exceed the maximum number of persons allowed.
  • The skipper may under no circumstances navigate the vessel under the influence of alcohol or drugs and / or narcotics and ensure that the crew, who is required for the voyage, refrain from excessive use of alcohol and / or drugs during the voyage.
  • Comply with the maximum permitted sailing speed.
  • To sail with the yacht on the Dutch inland waters with the exception of the major rivers, IJsselmeer and the Waddenzee. If the holder has extensive experience, the tenant may navigate the Ijsselmeer, after written permission from the landlord and in good weather.
  • Bringing a dog on board, is only allowed with the permission of the landlord and must be registered in advance. After permission from the Landlord, the final cleaning costs will be increased by € 35.00. If the dog causes damage on board, this will be charged to the tenant.
  • Pay costs directly related to the use of the vessel. This concerns, for example, port, bridge, mooring and lock charges and fuel costs with the exception of gas.

 

ARTICLE 10 – DAMAGES

The tenant must report damage of any kind to the landlord as soon as possible. The refund of the rent and deposit will lapse, unless the damage is minor. Jamming and / or other events that influence or have influenced the sailing characteristics, must always be reported (for example: Stuck and in case of propeller damage).
Immediate reporting, also applies to facts and / or circumstances, that could reasonably lead to damage.

If the tenant wants to have repairs carried out, he needs permission from the landlord. When replacing parts by the hirer during the voyage, the invoices and the replacement parts must be kept at all times. The landlord will reimburse the repair costs to the tenant, if he returns the specified invoice.

 

ARTICLE 11 – LIABILITY

The hirer is liable for damage, loss and / or seizure of the yacht during the period that he hired the vessel. With any form of damage, the tenant will consult with the landlord. The hirer is not liable if he can demonstrate, that the damage and / or loss was not caused by him or by one of his co-crewmembers, or is not attributable to him and / or his own or if they are covered by the current insurance of the hunt. Damage also includes consequential damage.
The tenant is always liable for (consequential) damage he causes, if:

  • The hirer knowingly uses the vessel outside the sailing area agreed with the lessor; and / or
  • The hirer knowingly and knowingly does not comply with the instructions of the lessor to preserve the vessel and / or preserve the rights of the lessor.

The lessor is not liable for damage to property 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 motor yacht.

 

ARTICLE 12 – OBLIGATIONS OF THE LESSOR

The lessor ensures that the yacht is in good condition, that it can serve the purpose for which it is intended. The lessor ensures that the yacht is offered on board complete with inventory and accessories, filled water and fuel tank and, if necessary, sufficient gas.
The lessor gives sufficient instructions, in advance, about the use of the vessel, about the operation, the batteries, the checking of the fluid level, oil level and other lubrication.

The costs of normal maintenance and repair of defects are borne by the lessor. The necessary costs of repair, towing assistance and salvage with regard to mechanical defects are for the account of the lessor. The tenant must contact the tenant in advance to request permission for these services, unless this is impossible due to circumstances. The landlord reimburses the costs incurred to the tenant on presentation of specified invoices.

 

ARTICLE 13 – VESSEL TRANSFER

The rental period starts on Friday afternoon at 4 p.m. and ends on the following Friday morning at 10 a.m.
Before sailing, the hirer and lessor record the condition of the vessel in a condition list, which is signed by both parties. The landlord gives an inventory list to the tenant. The hirer is obliged to check whether the inventory on this list is present in the vessel. If the inventory does not correspond with the inventory on the inventory list, the hirer must notify the lessor 

prior to departure. If inventory is missing upon delivery, this is at the expense of the tenant.
The lessor ensures that necessary (emergency) telephone numbers are available in the vessel.

 

ARTICLE 14 – VESSEL DELIVERY

The hirer will hand over the motor yacht, at the end of the rental period, unless otherwise agreed, on Friday morning, no later than 10.00 am at the agreed time and place and in the same condition as in which he received the vessel.
In the event of a late return, € 100 per hour will be charged. A fine of € 100.00 will be charged from 10.01 am to 10.59 am. From 11 a.m. to 11.59 a.m. € 200.00, etc.

The hirer transfers the yacht in the following state;

  • The yacht is cleared.
  • The dishes are done.
  • The garbage has been removed.
  • With a full diesel tank (diesel can be refueled at the landlord).

If the hirer has not met these conditions, the costs that the lessor must incur to get the yacht in this condition will be charged to the hirer.

If the hirer chooses to take care of the cleaning of the yacht, it is expected that the yacht will be returned in the same clean condition as it was on departure. If the hirer does not deliver the yacht in good condition, the cleaning costs and any additional costs to get the yacht in the same condition will be charged to the hirer.

In case of loss, damage or malfunctioning instruments, the tenant is obliged to report this immediately upon return.

 

Akkrum, 31 december 2020