A. Obligations lessor:
Lessor is obliged to ensure the boat is available:
1. On time (as stated in the rental agreement) and at the agreed location in marina Lunegat unless agreed otherwise;
2. In a state that complies with the legal provisions;
3. In good condition and complete with inventory and accessories;
4. If necessary with accompanying documents for sailing abroad;
5. With filled drinking water, fuel and gas tanks;
6. With sufficient prior instructions for the use of the sailing boat, the inventory and accessories;
7. With a valid zgn. All-Risk insurance, valid for Dutch (coastal) waters, the Ijselmeer and the German Wadden.
The renter is obliged:
1. To pay the due rent and deposit on time, even if he/she does not use the vessel, or only uses the sailing boat for part of the rental period;
2. To ensure that he/she has sufficient knowledge and experience to be able to sail responsibly with the rented property;
3. To use the sailing boat as a careful skipper, in accordance with the instruction booklet;
4. To follow the instructions of the lessor;
5. Not to give or rent the sailing boat to anyone other than indicated in this agreement;
6. The sailing boat is to be returned to the lessor in the Lunegat marina on time and in the same condition – with full water and diesel tank – as at the start of the rental period, unless otherwise agreed.
Before or at the start of the rental period, the renter pays a deposit to the lessor. This amount will be paid back to the renter by the lessor, without deduction of administration costs or the like, within 4 working days, after deduction of what the renter still owes the lessor.
1. The renter must cancel in writing or by e-mail.
2. In case of cancellation, the renter owes the following cancellation costs:
• 15% of the rent if canceled more than 3 months before the start date of the
• 50% of the rent if cancelled more than 2 months but no longer than 3 months
before the start date of the rental period;
• 75% of the rent if cancelled more than 1 month but no longer than 2 months
before the start date of the rental period;
• 100% of the rent if cancelled 1 month or less before the start of the rental period.
3. If the sailing boat is still rented out to a third party for a (partially) agreed period, the above-mentioned cancellation costs will be reduced by the rental income, but after deduction of the total amount mentioned in point 4.
4. The lessor may charge a fixed amount of € 75, as well as reasonable costs in connection with the cancellation to the renter.
5. It is advisable as a tenant to take out cancellation insurance within 7 days of agreeing to the contract.
1. If one of the parties does not fulfill his obligations, the other has the right to dissolve the agreement in whole or in part, unless the shortcoming is due to unforeseen circumstances or minor extent. In the event of dissolution, there is also a claim to compensation for any damage, if the shortcoming can be attributed to the other. If the holiday is completely or partially spoiled by the shortcoming, the renter can claim compensation for this up to a maximum of the agreed rent.
2. Upon dissolution, partial termination due to a shortcoming of the lessor, he will refund any rent and deposit paid in proportion to the termination.
3. If the sailing boat is not delivered or not delivered on time (as described in the rental contract), the renter is entitled to 10% of the rent, subject to the full right to full compensation, as referred to in paragraph 1.
4. If the renter returns the sailing boat later than agreed, the lessor is entitled to a proportional increase of the rent, with a minimum of € 60 and compensation for the damage caused during the subsequent rental period.
F. Costs during rental period:
1. All costs directly related to the use of the sailing boat (including harbors, bridge costs, quays, locks, and mooring fees, fuel and lighting, etc.) must be paid by the renter during the rental period.
2. The necessary costs of normal maintenance, repair, towing assistance and storage due to mechanical defects will be paid by the lessor unless the defect was caused by (improper) use by the renter. In such situations, the tenant must first contact the lessor for towing and / or storage if safe to do so. If the next harbour is in reasonable distance and can be reached by sailing, the towing costs will not be reimbursed, except for any towing costs to enter the harbour safely. Costs incurred will be reimbursed on presentation of specified invoices. If possible, the renter will take back replaced parts for the lessor.
1. In the event of theft, seizure or significant damage to the sailing boat, inventory and accessories, the renter will consult with the lessor. Renter adheres to the instructions of the lessor.
2. The renter is liable for damage and associated towing and recovery costs incurred during the rental period, unless the damage is covered by an All-risk insurance policy which should have been insured under this agreement. This amount is a maximum of the deductible.
3. If the lessor is charged deductible, this will be recovered from the renter.
H. Applicable law and dispute resolution:
Dutch law applies to this agreement. Only the Dutch court has jurisdiction to hear disputes. If a disputes body is competent in this matter, the dispute can also be submitted to that body.
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