boat rental netherlands, yachtcharter holland


   

    Home
    Overview of boats
    Availability
    Reservations
    Electric sailing
    Friesland is beautiful

   
Never sailed /FAQ's
   
Inventory list
    Sailing license
 
   Skipper training
 
   Discount Program
 
   Customer reports
    
News letter
   
Last-minute
 
   Contact
 
   Directions
 
   Link page
 
   General conditions
    Site Map





 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 

 

 


 

 
HISWA GENERAL CONDITIONS FOR HIRING AND HIRING OUT PLEASURE CRAFT

  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.