CHAPTER I - DEFINITIONS
ARTICLE 1
The following definitions apply:
a. The person (or entity) hiring out the craft: the
enterprise, being a member of HISWA, who is in business
to make goods available against payment to third parties;
b. The hirer: the person (or entity) who, outside the
context of his normal business or trade
(i.e. the consumer) pays for the use of goods belonging to a third
party.
c. The hire contract: the contract by which the person (or
entity) hiring out the craft undertakes to provide the
hirer
against payment with a craft without crew;
d. The arbitration board: the Geschillencommissie
Waterrecreatie in The Hague.
CHAPTER II - OBLIGATIONS OF THE PERSON
HIRING OUT THE CRAFT
ARTICLE 2
1.At the start of the hire period the person hiring out
the craft shall hand over the craft to the hirer.
The person hiring out the craft shall ensure that the craft is in good
condition, that it is suitable for the
purpose for which it
is to be used, and is equipped with safety gear suitable for
the locality where it has
been agreed to be used.
The person hiring out the craft shall also see to it that
the craft is properly insured.
2.Before the vessel is sailed in the sailing area agreed
upon by the lessor and the hirer, the lessor is obliged
to
insure the vessel on behalf of the hirer against third-party
liability, damage to the hull and theft.
CHAPTER III - OBLIGATIONS OF THE HIRER
ARTICLE 3
The hirer is obliged to check that the items indicated
in the inventory that is to be given to the hirer by the
lessor, and the safety equipment required on the vessel in
the sailing area concerned, are present. If the
items on
board do not correspond to the items indicated in the
inventory, and if the safety equipment is
incomplete or
faulty, the hirer must inform the lessor of this before
sailing.
ARTICLE 4
Before sailing, the parties must sign the list of
defects to show that they are in agreement with it.
The lessor shall give the hirer a copy of the signed list of
defects.
ARTICLE 5
The hirer shall use the craft as in good seamanship and
in accordance with the stated intention.
The hirer shall not
effect any alterations to the craft. The hirer shall not
allow anyone else to use the craft
unless written permission
from the person hiring out the craft has been obtained.
ARTICLE 6
At the end of the hire period the hirer shall return the
craft to the person hiring it out to him at the
agreed time
and place, and in the same condition in which he took
possession of it.
ARTICLE 7
Any costs directly connected with the use of the craft,
such as harbour, bridge, lock, quay and laying-up
fees, as
well as fuel costs, are for the hirer's account.
ARTICLE 8
The hirer must obtain the permission of the person
hiring it out before carrying out any repairs.
The person
hiring out the craft shall reimburse the hirer for any
repairs on production of itemized invoices.
Regular
maintenance and repairs will be paid by the person hiring
out the craft.
ARTICLE 9
1.The hirer shall report any damage, or circumstances
which could lead to damage, to the person or
company hiring
out the craft as soon as possible.
2.If the hirer does not comply with item 1, the hirer may
be held responsible for all damage and costs.
CHAPTER IV - LIABILITY
ARTICLE 10
1.During the time the hirer is in charge of the craft
he is liable for damage and/or loss of the craft,
in as far
this is not covered by insurance. The hirer is not liable if
he can demonstrate that the damage
or loss was not caused by
him or any of his passengers, or if he or his passengers
cannot be blamed for it.
The term damage includes any
consequential damage.
2.The hirer shall be fully liable for any (consequential)
damage he causes which is not covered by the
insurance
mentioned in Article 2 if he should use the vessel in a
sailing area not agreed between himself
and the lessor.
CHAPTER V - DEFAULT AND NEGLIGENCE
ARTICLE 11
If the person hiring out the craft fails to carry out
his duties in accordance with the agreement,
the hirer may
regard the agreement as terminated without legal
intervention. In such an event the person
hiring out the
craft is obliged to return all sums of money already paid
immediately. The hirer shall also
have the right to claim
compensation for any damages, unless the party hiring out
the craft cannot be
held responsible for the default. The
above does not apply if the party hiring out the craft
offers an
alternative which is reasonably acceptable to both
parties.
ARTICLE 12
1.If the craft is returned to the stated location at a
later time than had been agreed, the person hiring out
the
craft may claim a commensurate surcharge over and above the
hire charge plus compensation for
any consequential damage,
unless the hirer cannot be held responsible for returning
the vessel late.
2.If the hirer fails to return the craft in the same
condition as he took possession of it, or if he has not
complied with article 7 of the General Conditions, the party
hiring out the craft has the right to restore
the craft to
the condition it was in when it was hired out, and charge
the costs to the hirer.
This does not apply if such costs are
covered by insurance.
ARTICLE 13
1.If the hirer fails to pay the agreed hiring fee or to
fulfill his obligations under the hire contract, he will be
deemed to be legally in default from the date the party
hiring out the craft sent him written warning of his
default. The party hiring out the craft may then, without
legal intervention, terminate the hire agreement
and
repossess the craft forthwith.
2.In the case that the hirer is in default of payment, the lessor shall be entitled to charge the hirer the legal
interest plus 3% p.a. over and above the amount owed. The
above interest shall be charged from the due
date. The above
does not affect the provisions of article 16 paragraph 10 of
these terms and conditions.
3.If one of the parties is forced to seek legal
intervention in a dispute over the hire contract, the
defaulting
party or the party which is ruled against shall
be liable for legal costs. Such extra judicial costs shall
be 16% of the outstanding amount, but in any case not less
than € 115,00 plus out-of-pocket expenses,
unless the other
party can show that lower minimum costs would have sufficed.
The above is without
prejudice to article 16 item 10 of the
General Conditions.
CHAPTER VI - CANCELLATION AND CLAIMS
ARTICLE 14
1.If the hirer wishes to cancel the hire contract, he
must inform the lessor of this in writing as soon as
possible. In the case of cancellation, the hirer shall owe
the lessor a fixed indemnification of
- 15% of the agreed hire price in the case of cancellation
not less than three months before
commencement of the hire
period;
- 50% of the agreed hire price in the case of cancellation
not less than two months before
commencement of the hire
period;
- 75% of the agreed hire price in the case of cancellation
not less than one month before
commencement of the hire
period;
- 100% of the agreed hire price in the case of cancellation
less than one month before
commencement of the hire period or on the
starting of date of the hire period.
All the above
indemnification charges being not less than € 68,00.
2.In the case of cancellation by the hirer, he may request
the lessor’s consent that a third party take his
place. In
the case that the above-mentioned third party be acceptable
to the lessor, then the hirer shall
owe only 10% of the
agreed hire price, the amount owed being subject to minimum
and maximum
limits of € 45,00 and € 115,00 respectively.
ARTICLE 15
Complaints relating to implementation of the hire
contract should be brought to the attention of the lessor,
preferably in writing and clearly described and illustrated,
within a reasonable period of the hirer’s having
discovered
the deficiency or his having been able to discover it. The
consequences of late complaints
shall be for account of the
hirer.
CHAPTER VII - DISPUTES: THE ARBITRATION
BOARD AND REGULAR COURTS OF LAW
ARTICLE 16
1.All disputes concerning the hire agreement are
subject to Netherlands law. Only a Dutch court of law
and
the arbitration board named hereafter are competent to deal
with such disputes.
2.Both the hirer and person hiring out the craft may refer
disputes about the contents or implementation
of the hire
agreement, to which the General Conditions apply, to the
Geschillencommissie Waterrecreatie, P.O. Box 90600, 2509 LP
The Hague, The Netherlands.
3.The Arbitration Board will only consider a dispute if the
hirer has notified the person hiring out the craft
of his
complaint within the set period.
4.The hirer must refer any dispute to the Arbitration Board
in writing within three months after making his
complaint to
the person hiring out the craft, and include the names and
addresses of the hirer and person
hiring out the craft as
well as a clear statement of the nature of the disagreement
and the claim. If the
hirer appeals to the Arbitration Board
about a disagreement, the person hiring out the craft shall
be bound
by its decision and can no longer appeal to a
regular court of law.
5.The Arbitration Board is not competent to deal with a
dispute concerning the simple non-payment of an
invoice if
no material complaint is involved. If the hirer fails to pay
his invoice on time, the person hiring out
the craft may
bring procedures in an ordinary court of law, provided the
person hiring out the craft has
allowed the hirer one month
from the date of notification in which to pay, during which
period the hirer has
the opportunity to bring the case
before the Arbitration Board.
6.If the person hiring out the craft refers a dispute to
the Arbitration Board, the Board will proceed only after
the
hirer has been allowed one month to give a written
undertaking that he will abide by the decision of
the
Arbitration Board and has deposited any outstanding amount
he owes to the person hiring out the
craft with the Board of
Arbitration.
7.If the hirer brings a dispute before the Arbitration
Board, the Board will proceed only after the hirer has
deposited any outstanding amount owed to the person hiring
out the craft with the Board of Arbitration.
The hirer must
pay this amount within a month into an account as specified
by the Arbitration Board.
Should the hirer fail to deposit
the amount in time, he will be deemed not to accept the
decision of the
Arbitration Board.
8.The Arbitration Board's decision is regarded as binding
advice. HISWA will act as guarantor to the hirer
to ensure
the Arbitration Board's binding advice is implemented. The
guarantee will be valid up to a
maximum of
€ 14.000,00 including BTW (value added tax). In the case of
bankruptcy, delayed payment
or cessation of the business of
the person hiring out the craft, the guarantee will be valid
only if the hirer
has brought the dispute before the
Arbitration Board before one of the above situations arose.
The guarantee does not apply if, the person hiring out the
craft having referred the binding advice to a
court of
justice within two months after it was issued, the court
rules that the Arbitration Board's advice
is not binding. The
Arbitration Board does not consider disputes about amounts
exceeding € 14.000,00
including BTW.
9.A charge will be made for arbitration of disputes.
10.If a dispute is referred to the Arbitration Board, items
2 and 3 of article 11 do not apply.
11.For the consideration of disputes the regulations
concerning the Arbitration Board for Water Recreation
(Reglement Geschillencommissie Waterrecreatie)
apply.
CHAPTER VIII - EXCEPTIONS AND AMENDMENTS TO
THE GENERAL CONDITIONS
ARTICLE 17
Individual exceptions, including amendments and
additions to the General Conditions must be confirmed
in
writing.
ARTICLE 18
HISWA Association will amend the General Conditions only
after consultation with the Consumentenbond
and the ANWB.
Amendments will not be implemented until two months after
they have been published
by the various organizations which
undertake to publish them in their periodicals as soon as
they have
been ratified.
ARTICLE 19
The General Conditions may be translated from Dutch into
another language. If there are discrepancies
between
different texts as the result of translation, the Dutch text
will prevail.