General terms and conditions

Mokumboot Terms and Conditions 2018

 

Terms and conditions for the hire of vessels of Mokumboot B.V. (trade name: MokumBoot)

  1. Definitions

The following definitions apply to these terms and conditions:

  1. a) lessor: MokumBoot B.V., trading as MokumBoot;
  2. b) lessee: natural person or legal entity making an agreement with the lessor on their own behalf or on behalf of a group;
  3. c) hire agreement: the agreement under which lessor is bound to provide a vessel without crew to lessee at a charge, for a certain, previously agreed duration;
  4. d) vessel: lessor’s vessel, including all fitted electronics and other accessories.
  5. General

1) Lessor hires out vessels for a day or parts of a day. In any case, the vessels must be returned to the hire location before closing time, unless agreed otherwise beforehand and in writing.

2) A vessel may be crewed by a maximum of 8 persons at a time.

3) The minimum age to hire a vessel from lessor and/or to navigate it, is 18 years.

4) It is prohibited to navigate lessor’s vessels while under the influence of alcohol and/or drugs, under the same rules as those that apply to road traffic.

5) The use of confetti, fireworks, rice, etc. is not allowed on board.

6) It is not allowed to throw rubbish overboard. After the hire period, lessee can dispose of their rubbish in the bin at the hire location. If lessee does not return the vessel free of rubbish, they shall pay the cleaning costs of at least €50.

7) Lessee shall make sure to cause as little disturbance as possible to other people on the water and to people living in the neighbourhood. Live and/or electronically amplified music is not allowed on board.

8) At dusk and dawn, it is compulsory to visibly use the included lights.

9) It is not allowed to leave the vessel unattended.

10) In bad weather (extremely dense fog, persistent rain, thunder storm, or storm), lessor reserves the right to dissolve the agreement immediately, partly or in whole. In that case, lessor shall reimburse lessee for the part of the hire period that lessee did not sail.

11) Lessor may dissolve the agreement and claim back the vessel immediately if lessee fails to comply with the terms and conditions. In that case, lessee shall pay the full cost of hire for the period agreed beforehand.

  1. Navigation area and navigation rules

1) The vessels may be used on the inland waterways of Amsterdam, and on  the Amstel river. The use of the vessels outside these areas is not allowed. With a view to the safety of lessee and other persons on board, it is strictly prohibited to navigate the Nieuwe Herengracht, the IJ, the harbour area, the Amsterdam-Rhine Canal, and the Westerkanaal/Kostverlorenvaart/Schinkel route. It is allowed to cross the last mentioned route. The mentioned areas are indicated on the map provided at the start of the hire period.

2) Lessee shall keep to the right as much as possible.

3) Lessee shall comply with the Dutch Navigation Regulation.

4) Lessee shall show due consideration for other water users at all times, and especially near bridges, junctions, and narrow waterways. This includes not taking bends too wide.

5) It is prohibited to moor under and/or to bridges, on corners of waterways, and to houseboats.

6) Round-trip boats, cargo ships, other professional vessels, and all vessels larger than 18 meters have priority at all times.

7) The most important navigation rules shall be provided to lessee at the start of the hire period.

  1. Lessor’s obligations

1) Lessor shall hand the vessel over to lessee at the start of the hire period.

2) Lessor shall inform lessee of any damage to the vessel already existing before the hire period, and record this in writing.

 

  1. Lessee’s obligations

1) Lessee must follow lessor’s instructions at all times.

2) Lessee is expected to be skilled enough to handle the vessel carefully and safely.

3) Lessee shall use the vessel as a good skipper, and in accordance with the purpose and with these terms and conditions, and shall not make any changes to the vessel.

4) Lessee shall not hand the vessel over to third parties without lessor’s written consent.

5) The vessel and the inventory (e.g. maps, life jackets, paddles, cushions, lights, etc.) that lessor provides lessee with, must be returned after the hire period, in the state in which they were before the start of the hire period. In case of loss or damage, lessor shall charge lessee for an amount equal to the replacement value or repair value.

6) Lessee must check if the inventory listed in the hire agreement is present, complete, and in good condition before departure. If this is not the case, lessee must notify lessor before departure.

7) Lessee must check the vessel for any damage not reported by lessor before departure. If lessee finds any damage not reported by lessor, lessee must notify lessor of this before departure.

8) Lessee may only return the vessel at another place if agreed beforehand and in writing.

9) Should it become apparent to lessee that they will be unable to return the vessel by the agreed time of return, for any reason, lessee must notify lessor of this by telephone as soon as possible. If the vessel is returned to the agreed place more than fifteen minutes later than the agreed time,

lessor is allowed to charge an additional € 30,-  per fifteen minutes, and lessor shall be entitled to compensation for any further damage or consequential loss, unless the late return cannot be attributed to lessee.

10) In case of calamities, lessee must contact lessor as soon as possible.

  1. Liability for damage

1) Lessor shall make sure, for lessee’s benefit, that the vessel is insured against civil liability and hull damage, for navigation in the area agreed between lessor and lessee. In case of civil liability or hull damage, lessee has an unwaivable policy excess of €250,- per vessel per incident.

2) Lessee is liable for all damage to the vessel, as well as for damage caused to third parties by lessee and/or other persons on board during the period that lessee holds the vessel, as far as such damage is not covered under the insurance, in accordance with, and, if applicable, with the exception of provisions below.

3) In case of loss or theft of the vessel, lessee shall always be liable for the damage that lessor suffers.

4) In case of gross ignorance, negligence, recklessness, and/or failure to follow the instructions given by lessor and/or their personnel, lessor will not file an insurance claim, and lessee shall be fully liable for all damage, either direct or consequential, suffered by lessor and/or third parties.

5) Lessee is in default if it turns out that they fail to comply with their obligations under these terms and conditions. In case of failure to comply with these, and/or

in case of resulting reports of inconvenience, lessee is fully liable for all damage, either direct or consequential, and all costs that lessor has to incur in, and for any claims from third parties against lessor, or the results thereof.

6) Lessor cannot be held liable for personal injury or damage of any kind, regardless of the cause, before, during, or resulting from the hire of a vessel from lessor. Damage also includes consequential damage.

An exception to this provision is the legal obligation to pay damages in case of demonstrable intention or gross fault on lessor’s part. Such statutory damages to be paid by lessor to lessee shall not amount to more than the amount that lessor can claim from their civil liability insurer for the incident in question.

7) Lessor explicitly alerts to the danger of limbs getting caught between the vessel and other objects, and to the fact that the aluminum

of which the vessel is made can get very hot in summer. Lessor cannot be held liable for this.

8) Children (under 18 years old) are under the responsibility of the parents.

9) Lessor is not liable for theft of and/or damage to belongings that lessee brings on board of the vessel.

10) Lessee must notify lessor, as soon as possible, of damage of any kind, and of facts or circumstances that may reasonably lead to damage. In case of damage not reported (either to the vessel or to third parties), the loss is not covered under the insurance and shall be recovered from lessee.

11) In all cases, lessee is fully liable for any damage, either direct or consequential, they cause if they use the vessel outside the navigation areas provided in article 3 of these terms and conditions.

12) If lessee does not return the vessel in the state in which they received it, lessor has the right to restore the vessel to the state in which it was before the start of the hire period, at lessee’s expense. This last provision does not apply if the costs referred to are covered under the insurance policy. In that case, lessee shall only be liable for the policy excess of €250,-

13) Upon request, lessee shall be provided access to lessor’s insurance conditions.

  1. Reservations

1) Reservations for one or more vessels can be made online or by telephone. Reservations are not valid until confirmed by lessor, online or in writing.

2) Unless agreed otherwise in writing, payment takes place at the moment of making the reservation, through Ideal (online banking) or in cash at the hire location.

3) If a confirmed reservation is canceled within 24 hours before the start of the hire period, or in case lessee does not show up on the date and time of the reservation, lessee shall pay the full price of hire, and lessor will not provide an alternative.

4) If lessee is more than 1 hour later than the agreed starting time without prior notification by telephone, lessee shall pay the full price of hire, and lessor shall have the right to hire the vessel to someone else. In that case, lessee shall not be entitled to an alternative.

5) In case lessee makes any changes to the reservation, they can ask lessor for a substitution of a third party.

6) If a reserved vessel is not available at the agreed place one hour after the start of the reserved hire period, and lessor is unable to offer lessee a reasonable alternative, lessee is entitled to a refund of the agreed price of hire, unless lessor has notified lessee of the unavailability of the reserved vessel at least two hours before agreed time. Lessee shall not be entitled to any additional compensations or damages in any event.

7) If lessee returns the vessel to the hire location earlier than the end time of the agreed hire period, they are not entitled to a refund of the price of hire or a part thereof.

  1. On-the-spot hiring without reservation

Even without reservation, it is sometimes possible to hire a vessel. In that case, payment is made on the spot in cash, before the start of the

hire agreement.

  1. Security

Before the hire agreement can become effective, lessee must provide a deposit of €100,- on the spot, and produce an identity card, unless agreed otherwise beforehand and in writing. The identity card must be of lessee himself. The deposit paid by lessee, in combination with a copy of the identity card, counts as security. The deposit shall be refunded if the agreement is executed in accordance with the agreed conditions, and no damage is found.

  1. Complaints and disputes

1) Lessee must file any complaints with lessor in writing, within one week after the hiring date, with a clear explanation and foundation of the complaint.

2) The hire agreement is governed by Dutch law. Only the competent judge in Amsterdam is authorised to settle disputes.

If lessee has received a translated version of these terms and conditions, and there is a discrepancy between the Dutch text and its translation, the Dutch text shall prevail.

 

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