General Terms and Conditions for hiring boats from Boaty B.V.
These general terms and conditions (hereinafter ‘General Terms and Conditions’) are translated from Dutch. If there is a difference between the Dutch version and the translated version, the Dutch text prevails. The Dutch version of the General Terms and Conditions has been deposited at the Chamber of Commerce in Amsterdam on January 20th 2016.
- Letter: Boaty B.V.;
- Hirer: natural or legal person who rents a Boat, on behalf of himself or on behalf of (an)other natural or legal person(s);
- Rental Agreement: the agreement that Letter and Hirer use to agree upon for the temporary use of a Boat, to which the General Terms and Conditions apply;
- Boat: the whole vessel, including all electronic parts.
2. General rules
- Letter lets Boats for a complete day or a part of it. The Boats must in all cases be returned before sun set, unless Letter and Hirer have agreed differently in advance in writing.
- The Boats may be used by a maximum of 6 (six) persons per Boat. Children count as a person.
- The minimum age for renting and/or operating a Boat is 18 (eighteen) years.
- Operation of the Boat is prohibited under the influence of alcohol and/or drugs.
- The use of confetti, rice, etc. is not permitted. The use of fireworks, a barbecue or any other open fire is prohibited.
- It is forbidden to throw rubbish out of the Boat. If the Boat is returned in a dirty state, Letter shall charge a cleaning fee of at least € 25,- (twenty five Euro).
- Hirer must ensure to cause as little hassle as possible to others. Live music and/or electrically reinforced music is not permitted on board.
- It is not allowed to leave the Boat out of sight.
- In case of bad weather conditions (visibility of less than 50 (fifty) meters, constant rain, thunder, lightning, strong winds) Letter is entitled to cancel the Rental Agreement while offering a reasonable alternative to Hirer.
- At any given time Letter is entitled to cancel the Rental Agreement and take back the Boat if Hirer does not adhere to the General Terms and Conditions. Notwithstanding, Hirer shall have to pay the rent.
3. Rules on the water and geographic borders
- The Boats may be used on the Amsterdam canals and the Amstel river. Taking the Boat to other areas is not permitted. For the sake of safety, it is forbidden to take the Boat on: Nieuwe Herengracht, the IJ, the port area, Amsterdam-Rijnkanaal and the Westerkanaal/Kostverlorenvaart/Schinkel route. This latter route may however be crossed.
- Hirer must drive the Boat as much as possible at the right-hand side of the water.
- Hirer must obey traffic signs and traffic lights.
- Hirer must always be aware of other boats on the water, in particular at bridges, junctions and narrow passages.
- It is prohibited to moor at bridges, junctions and house boats.
- Hirer must give priority to tourist boats, cargo liners and other professional boats, rowing and sailing boats and all vessels larger than 20 (twenty) meters, even if they come from the left.
- It is prohibited to tow any other boats.
4. Obligations of Letter
- At the start of the rental period Letter hands the Boat over to Hirer. Letter ensures that the Boat is in a good state and that it can serve for the use for which it is intended.
- Letter informs Hirer of possible relevant damage before the start of the rental period and confirms this in writing.
- The costs of regular maintenance of the Boat are at the expense of Letter. Letter does not compensate for repairs carried out by Hirer himself or on behalf of Hirer by third parties.
5. Obligations of Hirer
- Hirer must obey all indications of Letter and/or his staff.
- Hirer is considered to have sufficient skills for careful and safe handling of the Boat.
- Hirer will take good care of the Boat, will use it in accordance with the General Terms and Conditions and will not make any alterations to the Boat.
- Without written authorisation of Letter it is not allowed to give, rent or sell the Boat to others, not entirely, nor partially.
- Hirer is obliged to inform Letter before departure of any persons on board that are not able to swim. Any person not able to swim is obliged to wear a life vest (provided by Letter) during the trip.
- Inventory (such as maps, life vests, ores, etc.) must be returned in the same state they were received in. Missing or damaged inventory will be charged to Hirer.
- Before departure Hirer must check if the inventory is present, complete and operational. If not, Hirer has to inform Letter immediately.
- Before departure Hirer must check the Boat for possible damage not recorded by Letter. If there is any damage not recorded by Letter, Hirer must inform Letter thereof before departure.
- At the end of the rental period Hirer must return the Boat in the same state and at the same place. Only if prior agreed upon in writing, Hirer is allowed to return the Boat at another place.
- Should Hirer for whatever reason not be able to return the Boat at the time agreed upon, Hirer shall inform Letter by telephone as soon as possible. If the Boat is returned more than 15 (fifteen) minutes later than the time agreed upon, Letter may charge an additional € 15, – (fifteen Euro) per 15 (fifteen) minutes. Aditionally, Letter is entitled to charge any other possible damage resulting from the delay to Hirer, unless Hirer is clearly not to blame for the delay.
- In case of any problems Hirer must inform Letter as soon as possible by telephone.
- Letter ensures that the Boat is insured for third party liability and damage to the Boat in the geographical area agreed upon in paragraph 3.1.
- In case of usage outside the indicated geographical area, Hirer is completely responsible for any damage.
- In case of damage there is an excess of € 250, – (two hundred and fifty Euro).
- In case of loss or theft, Hirer is liable and will be charged the entire purchasing value of a new boat.
- Hirer is liable in case of severe misconduct, ignorance, failure, recklessness and/or neglecting of indications by Letter and/or his staff.
- In case of non-compliance to the General Terms and Conditions and/or complaints from third parties as a result thereof, Hirer is liable for any damage and costs, including loss of income and possible resulting claims from third parties against Letter.
- During the rental period Hirer is responsible for any damage to the Boat, to himself, to his passengers and to third parties that is not covered by the insurance.
- Except in the case of gross negligence or willful misconduct Letter cannot be held responsible for any damage whatsoever before, during or resulting from the rental period. In case of gross negligence or willful misconduct the maximum compensation is limited to the rental fee.
- Hereby Letter informs Hirer about the risks of joints that get stuck between the Boat and other objects, the risk of head injury from the canopy and the heating of the aluminium that the Boat is made of. Letter cannot be held responsible for any damage resulting thereof.
- Hereby Letter informs Hirer about the importance of equal weight distribution on the Boat. Failing to distribute the weight or intentionally rocking the Boat may result in the Boat tipping over. Letter cannot be held responsible for any damage resulting thereof.
- Parents are responsible for their children.
- Letter is not responsible for theft or damage to personal belongings that Hirer brings along on the Boat.
- Hirer must inform Letter as soon as possible about any damage, facts or circumstances that may results to other damage. Anything of this matter that is not reported to Letter will be charged to Hirer and is excluded from the insurance.
- If the Boat is not returned in the same state it was received in, Letter is entitled to charge any necessary repairs to Hirer. This does not apply when the damage is covered by the insurance. In such case Hirer only has to pay the excess of € 250,- (two hundred and fifty Euro).
- Reservations for one or more Boats can be made via telephone, internet or on the spot. They are valid only after written confirmation from Letter (via e-mail or SMS).
- Payment occurs directly after making the reservation, by means of iDEAL (internet banking), Paypal, credit card or PIN, unless agreed differently in writing.
- In case of cancellations, Hirer is not entitled to a refund. However, in case of bad weather forecasts Hirer has the right to alter his reservation up to 24 (twenty four) hours before the beginning of the rental period. This is possible by phone or internet and free of charge. The reservation can be switched to another date, with a maximum of 1 (one) year after the initial rental period.
- Cancellations of a reservation less than 24 (twenty four) hours before the start of the rental period and no shows will be charged the complete rental amount. Hirer is not entitled to alter the reservation to another date.
- When Hirer is more than 1 (one) hour late without prior telephone notice the full rental amount will be charged and Letter is entitled to rent the Boat to someone else. Hirer is not entitled to an alternative.
- Hirer may ask Letter to let someone else use the reservation.
- When a reserved Boat is not available at the place agreed upon 1 (one) hour after the start of the rental period agreed upon and Letter and Hirer cannot agree on a reasonable alternative, Hirer is entitled to a compensation of at most 25% (twenty five percent) of the rental amount, unless Letter informed Hirer at least 2 (two) hours before the start of the rental period that the reserved Boat will not be available.
- If Letter cancels the reservation due to bad weather forecasts (visibility of less than 50 (fifty) meters, constant rain, storm, thunder, lightning) Hirer is entitled to a refund of the full rental amount, but not to aforementioned compensation of up to 25% of the rental amount agreed upon. Under no circumstances Hirer is entitled to a compensation of more than 25% (twenty five percent) of the rental amount agreed upon.
8. Renting without a reservation
- It may be possible to rent a Boat without a reservation. In such case payment will take place at the rental location before the beginning of the rental period, by means of credit card or PIN.
- Before the start of the rental period, Hirer has to present a valid ID together with a valid credit card. Both must be on the name of Hirer. The credit card is used for the deposit. Letter does not accept cash payment, identification documents or any other matters as a deposit, unless agreed differently in advance in writing.
10. Complaints and disputes
- Hirer must inform Letter of complaints within 1 (one) week after the rental period, with proper argumentation.
- The law of the Netherlands shall exclusively govern the Rental Agreement and the General Terms and Conditions.
- If any term of the General Terms and Conditions is to any extent illegal, otherwise invalid, or incapable of being enforced, such term shall be excluded to the extent of such invalidity or unenforceability; all other terms hereof shall remain in full force and effect; and, to the extent permitted and possible, the invalid or unenforceable term shall be deemed replaced by a term that is valid and enforceable and that comes closest to expressing the intention of such invalid or unenforceable term.
- All disputes arising between Hirer and Letter shall be subject to the exclusive competence of the District Court of Amsterdam, The Netherlands.