GENERAL TERMS AND CONDITIONS FOR RENTING AND HIRING SLOOPS - SLOEPVAREN.NL
Last modified: 16 March 2009
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Article 1 - Definitions of terms
A. the lessor: Sloepvaren.nl in Kraggenburg
B. the renter: the contract partner (a natural person or legal entity) of Sloepvaren.nl in Kraggenburg
C. hire contract: the agreement whereby the lessor undertakes to give the lessee the use of a vessel without crew for a fee
Article 2 - Obligations of the lessor
2.1 At the start of the hire period, the lessor shall hand over the vessel to the hirer. The lessor shall ensure that the vessel is in good condition, that it can serve the purpose for which it is intended and that it is equipped with safety equipment appropriate for the agreed sailing area.
2.2 The lessor is obliged to insure the vessel on behalf of the lessee against third-party liability, hull damage and theft for sailing in the sailing area agreed between the lessor and lessee.
Article 3 - Obligations of the hirer
3.1 The lessee is obliged to check the presence of the inventory mentioned on the inventory list provided by the lessor to the lessee and the safety equipment belonging to the vessel for the sailing area concerned. If the inventory on board does not match the inventory listed on the inventory list or if the safety equipment is incomplete or defective, the lessee should notify the lessor before departure.
3.2 Before sailing, the parties shall sign off the condition list for agreement. The lessor shall provide a copy of the signed off condition to the lessee.
3.3 The hirer shall use the vessel as a good caretaker and good skipper and in accordance with its purpose. The hirer may not make any changes to the vessel. The hirer may not surrender the vessel for use without the written consent of the lessor.
3.4 At the end of the rental period, the lessee shall hand over the vessel to the lessor at the agreed time and place and in the same condition in which he received it.
3.5 Costs directly related to the use of the vessel, such as harbour, bridge, quay, lock and mooring fees, shall be borne by the lessee. The lessor assumes the cost of fuel.
3.6 The tenant requires the landlord's consent to have repairs made. The landlord shall reimburse the tenant for the repair costs if itemised bills in this regard are submitted. The costs of normal maintenance and repair of defects shall be borne by the landlord.
3.7.1 The hirer must notify the lessor as soon as possible of damage of any kind or facts and/or circumstances that could reasonably lead to damage. The lessee must comply with the lessor's instructions to preserve the vessel and to maintain the rights of the lessor.
3.7.2 Failure to comply with the provisions of paragraph 3.7.1 may result in full liability for damages and costs for the tenant.
Article 4 - Liability
4.1 The hirer is liable for damage and/or loss of the vessel, insofar as not covered by insurance, occurring during the time he has the vessel in his possession. The hirer is not liable if he can prove that the damage and/or loss was not caused by him or any of his fellow crew members, or is not attributable to him and/or his crew. Damage is also understood to mean consequential damage.
4.2 The hirer is fully liable for the (consequential) damage caused by him which is not insured on the basis of the insurance referred to in article 2 in case he uses the vessel in the sailing area not agreed between him and the lessor.
Article 5 - Payment, default, breach of contract
5.1 If the landlord fails to perform its obligations under the lease,
the tenant may consider the lease to be dissolved without court intervention. The lessor must then immediately refund all sums already paid. The lessee shall also be entitled to compensation for any damages suffered by him, unless the shortcoming on the part of the lessor cannot be attributed to the latter. The above does not apply if the lessor offers an alternative that is reasonable for both parties.
5.2.1 If the vessel is handed over at the agreed place later than the agreed time, the lessor is entitled to a proportional increase in the hire price and to compensation for further (consequential) damage, unless the late return cannot be attributed to the lessee.
5.2.2 If the hirer does not return the vessel in the same condition as he received it, or if he has not acted in accordance with article 3.7.1 of these conditions, the lessor is entitled to restore the vessel to the condition it was in at the start of the hire period, at the expense of the hirer. The latter does not apply if such costs are covered by insurance.
5.3.1 If the hirer does not pay the due rent or does not comply with his obligations under the hire agreement from the date the lessor has given him written notice of default, he shall be deemed to be legally in default. The person letting the mooring may then consider the hire agreement terminated and repossess the craft immediately without legal intervention.
5.3.2 In the event that the Tenant is in default of payment, the Landlord shall be entitled to charge the Tenant statutory interest plus 3% on an annual basis on the amount due. This interest shall be calculated from the due date, whereby part of a month shall be counted as a whole month. All this without prejudice to the provisions of Article 6 of these conditions.
5.3.3 If �one of the parties is compelled to seek legal assistance in connection with a dispute relating to the rental agreement concluded between them, the defaulting party or the unsuccessful party shall (also) owe the costs associated with the legal assistance. These extrajudicial collection costs amount to 15% of the amount owed by one party to the other party, with a minimum of � 115.00, plus actual out-of-pocket expenses, unless the other party stipulates that a lower minimum would have sufficed. All this without prejudice to the provisions of article 6 of these terms and conditions.
Article 6 - Complaints, Cancellation
6.1 If the lessee wishes to cancel the lease, he must notify the lessor in writing as soon as possible. In the event of cancellation, the Tenant shall owe the Landlord fixed compensation in the amount of 100% of the agreed rental sum in the event of cancellation within 72 hours before the commencement of the rental period or on the commencement date of the rental period.
6.2 In case of cancellation by the Tenant, he may request the Landlord to substitute a third party. In case the aforementioned third party is acceptable to the Landlord, the Tenant shall owe only 10% of the agreed rent with a minimum of � 45.00 and a maximum of � 115.00.
6.3 Complaints about the performance of the rental agreement should be brought to the attention of the lessor, preferably in writing and properly described and explained, within a reasonable time after the tenant has observed or could have observed the complaint. The consequences of late complaints shall be borne by the Lessee.
Article 7 - Disputes, applicable law
7.1 All disputes relating to the rental agreement shall be governed by Dutch law. Only a Dutch court of law or the disputes committee referred to below is authorised to take cognisance of these disputes.
7.2 The tenant must submit the dispute to the court in writing no later than three months after he has submitted his complaint to the landlord, stating the names and addresses of the tenant and the landlord and a clear description of the dispute and the claim.
Article 8 - Deviations and amendments to the conditions
8.1 Individual deviations, including additions or extensions, from these general terms and conditions must be recorded in writing.