General terms and conditions for boat rental at Giethoorn Village
Article 1 – Definitions
In these terms and conditions, the following definitions apply:
- Entrepreneur: a natural or legal person who concludes an agreement with a consumer for the provision of a vessel against payment of a rental price. This entrepreneur is a member of the partnership Giethoorn Village.
- Consumer: a natural person who concludes an agreement with an entrepreneur for the use of a vessel against payment of rent. This consumer does not conclude the agreement on behalf of his profession or business, but in a personal capacity.
- Parties: the entrepreneur and the consumer, as described above.
- Vessel: an object made to reside on the water and move on it, including the equipment and inventory associated with it. These terms and conditions explicitly refer to a vessel that is intended for sports or leisure activities.
- Rental agreement: an agreement with which the entrepreneur undertakes to give a vessel without or with crew into use to the consumer against payment.
- Electronic: by e-mail or website.
- Inventory: list of objects belonging to the vessel.
- Condition list: list on which the parties record the condition of the vessel and any damage present before departure.
- Disputes committee: the Water Recreation Disputes Committee in The Hague.
All amounts stated in these general terms and conditions include VAT.
Article 2 – Applicability
These general terms and conditions apply to every quotation and every agreement concluded between entrepreneurs and consumers regarding vessel rental.
Article 3 – Offer / quotation
- Entrepreneurs make an offer orally, in writing or electronically.
- If the oral offer is not accepted immediately, it is invalid unless a deadline is stated.
- Written or electronic offers must be dated. If a validity period is stated, the entrepreneur will not change or withdraw the offer within that period. If no period is stated, the offer remains valid for 14 days.
- The offer contains a complete and accurate description of the vessel and states at least:
- the rental period and departure/arrival location;
- the rental price and any additional costs and payment method;
- the insurance deductible;
- the amount and method of guarantee;
- the cancellation procedure.
With each offer, the entrepreneur provides a copy of these general terms and conditions.
Article 4 – Agreement
- An agreement is concluded once the consumer accepts the offer.
- If accepted electronically, the entrepreneur will confirm electronically.
- Agreements are preferably recorded in writing or electronically.
- The consumer receives a copy of the written agreement.
Article 5 – Price and price changes
- Parties agree in advance on:
- the rental price and any additional costs;
- whether price changes are permitted and under what conditions.
- The entrepreneur may pass on government-imposed taxes or levies.
Article 6 – Payment terms
- The consumer must pay within 14 days after receipt of the invoice, and in any case before the rental period starts. Reservation is final only after payment.
- If payment is not made on time, the consumer is in default. A free payment reminder will be sent, granting 14 additional days.
- If payment is still not made, extrajudicial collection costs may be charged according to Dutch statutory limits.
Article 7 – Cancellation
If the consumer wishes to cancel the rental agreement, this must be communicated electronically via booking@giethoornvillage.com as soon as possible.
If the consumer cancels, Giethoorn Village B.V. may charge fixed compensation:
- 10% of the agreed rental amount for cancellations up to 48 hours before the rental period (minimum €10.00);
- 100% of the agreed rental amount for cancellations within 48 hours before the rental period.
If the consumer requests a substitution or change of date and Giethoorn Village B.V. agrees, a change fee applies:
10% of the agreed rental amount (minimum €10.00, maximum €25.00).
In case of an unfavourable weather forecast, Giethoorn Village B.V. will seek a reasonable solution together with the consumer.
Article 8 – Obligations of the entrepreneur
- The vessel is made available in good condition and suitable for its intended use.
- The vessel is insured for liability, hull damage and theft within the agreed sailing area.
- A condition list is signed before departure.
- An inventory list is provided.
- The vessel is received at the agreed time and place.
- Emergency contact numbers are present on board.
Article 9 – Obligations of the consumer
The consumer must:
- Have sufficient boating skills (minimum age 18 unless otherwise permitted).
- Refrain from alcohol or drug use while operating the vessel.
- Follow all instructions of the entrepreneur.
- Check inventory and safety equipment before departure.
- Use the vessel responsibly and not transfer use without written permission.
- Return the vessel on time and in the same condition.
- Pay operational costs (fuel, port fees, etc.).
- Report damage immediately.
Repair costs require prior approval from the entrepreneur.
Article 10 – Liability
- The consumer is liable for damage or loss during the rental period, insofar as not covered by insurance.
- Full liability applies if the vessel is knowingly used outside the agreed sailing area or instructions are ignored.
- Liability is limited to €500 plus the deductible, regardless of insurance.
- The entrepreneur is not liable for property damage, injury, or accidents unless directly caused by a defect in the vessel.
Article 11 – Non-compliance
- If the entrepreneur fails to fulfil obligations, the consumer may terminate the agreement and receive a refund.
- Compensation may be claimed unless the failure is not attributable to the entrepreneur.
- Late return entitles the entrepreneur to proportional rent increase and compensation.
- Damage beyond insured coverage may be repaired at the consumer’s expense.
Article 12 – Complaints
Complaints must be submitted in writing or electronically within a reasonable time after discovery.
Failure to complain in time may result in loss of rights.
If no solution is reached, a dispute exists.
Article 13 – Deviations
Additional or deviating provisions may not disadvantage the consumer and must be recorded in writing or on a durable data carrier.
Article 14 – Applicable law
All agreements and disputes are governed by Dutch law, unless mandatory law provides otherwise.