General terms and conditions

1. Definitions

a)Landlord: Boaty B.V.;
b)Tenant: natural person or legal entity acting for themselves and/or for the benefit of one or more others
natural persons or legal entities conclude the Rental Agreement with the Lessor;
c)Rental agreement: the agreement whereby the Lessor undertakes to provide the Renter with a Vessel in return for payment
without allowing crew to use, to which the General Terms and Conditions apply;
d)Vessel: the entire vessel, including all built-in electronics.

2. General rules

1. The Lessor rents out Vessels for a whole day or part thereof. In all cases, the Vessels must be returned to the rental location before sunset, unless otherwise agreed in writing in advance.
2. A maximum of 6 (six) persons are permitted to use a Vessel belonging to the Lessor. Children are also considered full-fledged persons.
3. The minimum age to rent and/or drive a Vessel from the Lessor is 18 (eighteen) years.
4. It is prohibited to operate the Lessor's Vessels under the influence of alcohol and/or drugs.
5. The use of confetti, rice, etc. is not permitted on board. Fireworks, barbecues and other open fires are also prohibited.
6. No waste may be thrown overboard. If the Vessel is left dirty by the Renter, he will owe an amount of at least € 25 (twenty-five Euro) in cleaning costs.
7. The tenant must ensure that there is as little inconvenience as possible for others on the water and for local residents. Live music and/or electrically amplified music on board is not permitted.
8. It is not permitted to leave the Vessel unattended.
9. In the event of bad weather (visibility of max. 50 (fifty) meters, persistent heavy rain, thunder or storm), the Lessor reserves the right to immediately terminate the Rental Agreement and offer the Renter a reasonable alternative.
10. The Lessor can consider the Rental Agreement terminated without judicial intervention and immediately repossess the Vessel if the Renter does not comply with the General Terms and Conditions. The tenant is also obliged to pay the rent.

3. Sailing rules and sailing area

1. The Lessor's Vessels may be used on the Amsterdam inland waterway and the Amstel. Taking the Vessels outside this area is not permitted. In connection with the safety of the Renter and fellow passengers, it is absolutely prohibited to sail the Lessor's Vessels on the Nieuwe Herengracht, the IJ, the port area, the Amsterdam-Rhine Canal and the Westerkanaal/Kostverlorenvaart/Schinkel route. Crossing this last route is allowed.
2. The renter must sail on the right side as much as possible.
3. Tenant must adhere to traffic signs and traffic lights.
4. The tenant must at all times take fellow users of the water into account, especially at bridges, crossings and narrow sections. This also means not taking turns too wide.
5. It is prohibited to moor under and/or on bridges, on corners of waterways and on houseboats.
6. Tour boats, cargo ships, other commercial vessels, rowing boats, sailing boats and (other) ships larger than 20 (twenty) meters have priority at all times.
7. It is not permitted to tow other vessels with the Vessel.

4. Obligations of the Lessor

1. At the start of the rental period, the Lessor transfers the Vessel to the Renter. The Lessor ensures that the Vessel is in good condition and that it can be used for the use for which it is intended.
2. Before the start of the rental period, the Lessor will inform the Renter of any existing relevant damage to the Vessel and record this in writing.
3. The costs of normal maintenance of the Vessel are borne by the Lessor. Under no circumstances will the Lessor reimburse repairs carried out by the Tenant himself or by third parties on behalf of the Tenant.

5. Obligations of the Tenant

1. The tenant must at all times adhere to the instructions of the landlord and/or his staff.
2. The renter is deemed to have sufficient skills for careful and safe handling of the Vessel.
3. The Renter will use the Vessel with due care and/or good skipper and in accordance with the destination and the General Terms and Conditions and will not make any changes to the Vessel.
4. The Renter will not allow the use of the Vessel, either in whole or in part, without written permission from the Lessor.
5. It is the Renter's responsibility to report to the Landlord if the Renter and/or his selected fellow passengers are unable to swim. Persons on board who are unable to swim must wear a life jacket provided by the Lessor during the entire rental period.
6. Inventory (such as maps, life jackets, paddles, cushions, etc.) that the Renter receives from the Lessor must be returned in the same condition after the rental period. In the event of loss or damage, the Lessor will charge the Tenant an appropriate amount.
7. Before departure, the renter must check whether the inventory included in the Rental Agreement is present, complete and correct. If this is not the case, the Renter must inform the Landlord of this before departure.
8. The Renter must check the Vessel before departure for any damage not recorded by the Lessor. If the Renter determines that there is damage not recorded by the Lessor, the Renter must inform the Lessor of this before departure.
9. At the end of the rental period, the Renter will return the Vessel to the Lessor, in the same condition in which and at the same place where the Vessel was made available to him. Only if this has been agreed in writing in advance may the Renter return the Vessel to a different location.
10. If the Renter does not make it to the agreed return time for whatever reason, the Renter must inform the Landlord of this by telephone as soon as possible. If the Vessel is handed over to the agreed location more than 15 (fifteen) minutes later than the agreed time, the Lessor is free to charge an additional € 15 (fifteen Euro) per 15 (fifteen) minutes and the Lessor is entitled to compensation for any further (consequential) damage, unless the late return cannot be attributed to the Renter.
11. In the event of emergencies, the Tenant must contact the Landlord as soon as possible.

6. Liability for damage

1. The Lessor ensures that the Vessel is insured for the benefit of the Renter for statutory liability (third party liability) and hull damage for shipping between the Lessor and the Renter in paragraph 3.1. agreed sailing area.
2. In all cases, the Renter is unlimitedly liable for any (consequential) damage caused by him if he uses the Vessel outside the permitted sailing area.
3. Per Vessel, the Renter is subject to a non-buyable deductible of € 250 (two hundred and fifty euros) per case in the event of third party liability and hull damage.
4. In the event of loss and/or theft, the Renter has unlimited liability in all cases.
5. In the event of serious incompetence, negligence, recklessness and/or failure to comply with instructions from the Lessor and/or its staff, no claim will be made to the insurance, but the Renter will have unlimited liability.
6. The tenant is also in default if it appears that he does not fulfill obligations under the General Terms and Conditions. In the event of non-compliance with this and/or reports of nuisance as a result, the Tenant is unlimitedly liable for (consequential) damage (including any loss of income), costs that the Lessor must incur and (consequences of) any claims from third parties against the Lessor.
7. The renter is liable for damage to the Vessel as well as for damage caused by him and/or fellow passengers to third parties, to the extent not covered by the insurance, arising during the time that he has the Vessel in his possession.
8. The Lessor cannot be held liable for personal injury or damage of any kind, regardless of the cause, prior to, during or as a result of renting a Vessel from the Lessor. Damage also includes consequential damage. An exception to this is the legal obligation to pay damages due to demonstrable intent or gross negligence on the part of the Lessor. The statutory compensation is limited to a maximum of the rental amount of the Vessel.
9. The lessor explicitly points out the danger of limbs being trapped between the Vessel and other objects, the risk of hitting your head on the canopy and the fact that the aluminum from which the Vessel is made can become very hot in the summer. The Landlord cannot be held liable for this.
10. The lessor explicitly points out that it is important to properly distribute the weight of persons and goods over the Vessel at all times. Failure to properly distribute the weight on the Vessel and/or deliberately rocking the Vessel can lead to the Vessel capsizing. The Landlord cannot be held liable for this.
11. Children are the responsibility of their parents.
12. The Lessor is not liable for theft and/or damage to property that the Renter takes with him on the Vessel.
13. The tenant must report damage of any kind, or facts and/or circumstances that could reasonably lead to damage, to the landlord as soon as possible. Damage that has not been reported (both to the Vessel and to third parties) will be fully recovered from the Renter and is not covered by the insurance.
14. If the Vessel is not handed over by the Renter in the same condition in which he received it, the Lessor is entitled, at the expense of the Renter, to restore the Vessel to the condition in which it was at the start of the rental period. The latter does not apply if the costs referred to are covered by the insurance. Then the Renter only owes the deductible of € 250 (two hundred and fifty euros).

7. Reservations

1. Making reservations for one or more Vessels is possible via the Internet, by telephone or on site. Reservations are only valid after written confirmation by the Landlord (via e-mail or SMS).
2. Payment is made, unless otherwise agreed in writing, when making the reservation, by means of iDEAL (internet banking), Paypal, credit card or PIN.
3. No refund is possible if a confirmed reservation is canceled by the Renter. However, in the event of bad weather forecasts (persistent rain, thunder or storm at the time of the rental period), the Renter has the right to change the reservation free of charge up to 24 (twenty-four) hours before the start of the agreed rental period by calling or emailing the Lessor. Postponement of the rental period is possible for a maximum of 1 (one) year.
4. In the event of cancellation of a confirmed reservation less than 24 (twenty-four) hours in advance or in the event of absence without notice, the Renter owes the entire rental amount and the Renter is not entitled to an alternative.
5. If the Renter is more than 1 (one) hour later than the agreed starting time without prior telephone notice, the Renter owes the entire rental amount and the Lessor has the right to rent the Vessel to someone else. The tenant is then not entitled to an alternative.
6. In the event that the Renter changes the reservation, he can request the Landlord to substitute a third party.
7. If a reserved Vessel is not available at the agreed location 1 (one) hour after the start of the reserved rental period and the Renter and the Lessor do not agree on a reasonable alternative, the Renter is entitled to compensation of a maximum of 25% (twenty-five percent) of the agreed rental amount, unless the Lessor has informed the Renter of the unavailability of the reserved Vessel at least 2 (two) hours before the agreed time.
8. If the Lessor terminates the Rental Agreement due to bad weather (visibility of max. 50 (fifty) meters, persistent rainfall, thunder or storm), the Renter is entitled to a refund of the rent paid, but not to the aforementioned compensation of a maximum of 25% (twenty-five percent) of the agreed rental amount. Under no circumstances is the tenant entitled to any additional (damage) compensation.

8. Rental on site without reservation

1. In some cases it is also possible to rent a vessel without a reservation. Payment is then made on site before the rental agreement commences, by credit card or PIN.

9. Suretyship

1. Before the Rental Agreement can come into effect, the Renter must present a valid credit card on site in combination with a valid proof of identity. These must both belong to the Renter. The credit card is used for the deposit. The landlord does not accept cash, ID or other items as a deposit. All this applies unless otherwise agreed in writing in advance.

10. Complaints and disputes

1. In the event of complaints, the Tenant must notify the Landlord in writing within 1 (one) week, with a proper explanation and substantiation of the complaint.
2. Dutch law applies to the Rental Agreement and the General Terms and Conditions.
3. If any provision of the General Terms and Conditions is void, annulled or otherwise declared inapplicable, the other provisions of the General Terms and Conditions will remain fully in force. The Landlord and Tenant will agree on a replacement provision in place of the void, annulled or declared inapplicable provision, whereby the purpose and scope of the void, annulled or declared inapplicable provision will be taken into account as much as possible.
4. Only the competent court in Amsterdam has jurisdiction to hear disputes.