Terms and conditions

These are the General Terms and Conditions for rental, leasing, arrangements, and reservations.

ARTICLE 1 – DEFINITIONS

The following definitions apply in these conditions:
1. Entrepreneur: a natural person or legal entity who enters into an agreement with a consumer.
2. Consumer: a natural person who enters into an agreement with an entrepreneur. This consumer does not enter the agreement on behalf of their profession or business, but in a personal capacity.
3. Parties: the entrepreneur and the consumer, as described in a and b.
4. Rented object: an object intended for sports practice or leisure activities.
5. Arrangement: Composition of rented objects and components
6. Electronic: by email or website.

ARTICLE 2 – APPLICABILITY OF THESE TERMS AND CONDITIONS

These general terms and conditions apply to every offer and agreement that the entrepreneur and consumer enter into.

ARTICLE 3 - OFFER/QUOTE

1. The customer compiles the offer themselves via the online website or receives an offer which can be viewed on the online website.
2. The offer contains a complete and accurate description of: the offer/quote; the rental amount with any additional costs and payment method; the cancellation policy.
3. With each offer, there is the possibility to view or download the general terms and conditions before making a reservation.

ARTICLE 4 - AGREEMENT

An agreement exists once the consumer accepts the entrepreneur's offer by paying the total amount. If the consumer accepts this offer electronically by paying the total amount of the offer, the entrepreneur will electronically send a confirmation to the consumer.

ARTICLE 5 – PAYMENT TERMS

The consumer must pay the amount of the offer immediately. A reservation is only final once the payment is made. After payment, the consumer will receive a detailed confirmation of the reservation by email.

ARTICLE 6 – CANCELLATION

Standard Cancellation Policy
The following rates apply for this reservation:
Cancel on the day of the reservation: 0% refund
72 hours (3 days) before the start of the reservation: 0% refund
Cancel earlier than 72 hours (3 days): 100% refund
For questions about this reservation, you can send an email
You are not entitled to a refund of the service fees.

ARTICLE 7 - OBLIGATIONS OF THE ENTREPRENEUR

For arrangements or other reservations, it may occur that a series of objects or components are made available. The following obligations apply separately for each object or component.
1. At the start of the rental period, the entrepreneur makes the rented object available to the consumer. The entrepreneur ensures that the rented object is in good condition, suitable for its intended use, and equipped with appropriate safety gear tailored to the agreed sailing area.
2. The entrepreneur is obliged to sufficiently insure the rented object on behalf of the consumer against legal liability, hull damage, and theft. This insurance only applies to the use of the rented object in the sailing area agreed upon by the entrepreneur and the consumer. The insurance includes a reasonable deductible that aligns with the value of the boat.
3. At the end of the rental period, the entrepreneur receives the rented object at the agreed place and time, unless otherwise agreed with the consumer.
4. The entrepreneur ensures that the rented object contains the necessary (emergency) phone numbers.

ARTICLE 8 - OBLIGATIONS OF THE CONSUMER

For arrangements or other reservations, it may occur that a series of objects or components are made available. The following obligations apply separately for each object or component.
1. The consumer must ensure that the crew necessary for the voyage refrains from excessive use of alcohol and/or drugs during the voyage.
2. The consumer must follow the entrepreneur's instructions for maintaining the rented object and preserving the entrepreneur's rights.
This includes a prohibition on setting sail or returning to the marina and an order to sail directly to a designated mooring spot due to bad weather conditions and/or excessive alcohol and/or drug use.
3. The consumer uses the rented object as a good householder and good skipper and in accordance with its purpose. The consumer may not make any changes to the rented object and may not allow another person to use the rented object without the entrepreneur's written consent.
4. At the end of the rental period, the consumer hands over the rented object to the entrepreneur at the agreed time and place and in the same condition as received.
5. If the consumer wishes to have repairs carried out, they need the entrepreneur's permission. The entrepreneur will reimburse the consumer for the repair costs if specified invoices are submitted.
6. The costs of normal maintenance and repair of defects are the responsibility of the entrepreneur.
7. The consumer must report any damage of any kind to the entrepreneur as soon as possible. This also applies to facts and/or circumstances that could reasonably lead to damage.

ARTICLE 9 – LIABILITY

1. The consumer is liable for damage and/or loss of the rented object during the rental period. This only applies to damage and/or loss not covered by insurance. The consumer is not liable if they can prove that the damage and/or loss was not caused by them or any of their fellow passengers or is not attributable to them and/or theirs. Damage also includes consequential damage.
2. The consumer is always liable for (consequential) damage caused if: - they knowingly use the rented object outside the sailing area agreed with the entrepreneur; and/or - they knowingly do not follow the entrepreneur's instructions for maintaining the rented object and/or preserving the entrepreneur's rights.
3. The entrepreneur is not liable for damage to property or any physical injury or accident. They are only liable if the damage and/or injury/accident is the direct result of a defect in the rented object.

ARTICLE 10 – NON-COMPLIANCE WITH THE AGREEMENT

1. If the entrepreneur fails to fulfill their obligations under the rental agreement, the consumer can terminate the rental agreement without having to go to court. The entrepreneur must immediately refund all amounts already paid by the consumer.
2. The consumer can also claim compensation for any damage suffered unless the failure on the part of the entrepreneur cannot be attributed to the entrepreneur.
3. The above does not apply if the entrepreneur offers an alternative solution that is reasonable for both parties.
4. If the consumer hands over the rented object later than the agreed time and/or not at the agreed place, the entrepreneur is entitled to a proportional increase in the rental amount and compensation for further (consequential) damage. This right lapses if the delayed handover of the rented object and/or the different place of handover cannot be attributed to the consumer.
5. If the consumer does not hand over the rented object in the same condition as received, the entrepreneur has the right to restore the rented object to the mentioned state at the consumer's expense. The entrepreneur may also do so if the consumer has not complied with the obligations in article 9 of these conditions. The consumer does not have to pay the restoration costs insofar as these are covered by insurance. This does not apply if there is a situation as mentioned in article 10, paragraph 2.

ARTICLE 11 – COMPLAINTS

1. If the consumer has complaints about the execution of the agreement, they must report these to the entrepreneur by letter or electronically. This must be done within a reasonable time after the defects have been identified or could have been identified. The consumer must describe and explain the complaints sufficiently.
2. If the consumer has complaints about an invoice, they should preferably report these to the entrepreneur by letter. This must be done
within a reasonable time after receiving the relevant invoice. The consumer must describe and explain the complaints sufficiently in their letter.
3. If the consumer does not submit their complaint in time, this may result in the loss of their rights in this regard. If the consumer cannot reasonably be blamed for not submitting the complaint in time, they retain their rights.