General terms and conditions

General terms and conditions for the rental of vessels from MokumBoot B.V. (trade name: MokumBoot)

1. Definitions

In these terms and conditions, the following definitions apply:
a) lessor: MokumBoot B.V., trading under the name MokumBoot, registered with the Chamber of Commerce under number 56801815;
b) lessee: (natural or legal) person who concludes the agreement with the lessor on behalf of themselves or a group;
c) rental agreement: the agreement whereby the lessor undertakes to provide the lessee, against payment, with a vessel without crew for a fixed, pre-agreed duration;
d) vessel: the vessel of the lessor, including all built-in electronics and other accessories.

2. General

1. The lessor rents out vessels for a day or parts thereof. The vessels must in all cases be returned to the rental location before sunset, unless otherwise agreed in writing in advance.
2. A vessel may be operated by a maximum of 8 persons at the same time.
3. The minimum age to rent and/or operate a vessel from the lessor is 18 years.
4. It is prohibited to operate the vessels under the influence of alcohol and/or drugs, whereby the same rules apply as in road traffic.
5. The use of confetti, fireworks, rice, etc. is not permitted on board.
6. No waste may be thrown overboard. After the rental period, the lessee may dispose of waste in the bin at the rental location. If the vessel is not left free of waste by the lessee, a minimum amount of €50 cleaning costs will be charged.
7. The lessee must ensure as little nuisance as possible for others on the water and for residents. Live music and/or electrically amplified music on board is not permitted.
8. At dusk it is mandatory to use the provided light visibly.
9. It is not permitted to leave the vessel unattended.
10. In bad weather (very dense fog, continuous rain, thunder or storms) the lessor reserves the right to terminate the agreement immediately (partially). The lessor will compensate the lessee for half of the unused rental time.
11. The lessor may immediately terminate the agreement and take back the vessel if the lessee does not comply with the general terms and conditions. The lessee remains obliged to pay the full rental price for the agreed period.

3. Navigation area and navigation rules

1. The vessels may be used on the inner waterways of Amsterdam and on the river Amstel. Use outside this area is not permitted. For the safety of the lessee and passengers, it is strictly forbidden to sail with the vessels on the Nieuwe Herengracht, the IJ, the harbour area, the Amsterdam-Rhine Canal and the Westerkanaal/Kostverlorenvaart/Schinkel route. Crossing this last route is permitted. The areas mentioned are indicated on the map provided at the start of the rental period.
2. The lessee must sail on the right-hand side as much as possible.
3. The lessee must comply with Dutch navigation regulations.
4. The lessee must at all times take proper account of other water users, especially near bridges, crossings and narrow sections. This also means not taking corners too widely.
5. It is forbidden to moor under and/or at bridges, at corners of waterways and at houseboats.
6. Canal cruise boats, cargo ships, other commercial vessels and (other) vessels larger than 20 meters always have priority.
7. The main navigation rules will be handed over to the lessee in writing at the start of the rental period.

4. Obligations of the lessor

1. At the start of the rental period, the lessor hands over the vessel to the lessee.
2. The lessor informs the lessee before the start of the rental period of any existing damage to the vessel and records this in writing.

5. Obligations of the lessee

1. The lessee must at all times comply with the instructions of the lessor.
2. The lessee is deemed to have sufficient skills for careful and safe handling of the vessel.
3. The lessee shall use the vessel as a good skipper and in accordance with its intended purpose and these general terms and conditions and shall not make any changes to the vessel.
4. The lessee shall not transfer use of the vessel to others without written permission from the lessor.
5. The vessel and inventory (such as maps, life jackets, paddles, cushions, light, etc.) provided by the lessor must be returned after the rental period in the same condition as at the start of the rental. In case of loss or damage, the lessor will charge the replacement or repair value.
6. Before departure, the lessee must check whether the inventory included in the rental agreement is present, complete and in proper condition. If not, the lessee must inform the lessor before departure.
7. Before departure, the lessee must check the vessel for any damage not recorded by the lessor. If such damage is found, the lessee must inform the lessor before departure.
8. Only if agreed in writing in advance may the lessee return the vessel at another location.
9. If the lessee does not meet the agreed return time for any reason, the lessee must inform the lessor as soon as possible by telephone. If the vessel is handed over more than 15 minutes later than the agreed time, the lessor will charge €30 per quarter hour and is entitled to compensation for any additional (consequential) damages, unless the delay is not attributable to the lessee.
10. In case of emergencies, the lessee must contact the lessor as soon as possible.

6. Liability for damage

1. The lessor ensures that the vessel is insured for third-party liability (WA) and hull damage for navigation within the agreed area. A non-waivable excess of €250 per incident applies for third-party liability and hull damage.
2. The lessee is liable for all damage to the vessel as well as for damage caused by them and/or passengers to third parties, insofar as not covered by insurance, occurring during the time they have the vessel, subject to the provisions below.
3. In case of loss or theft of the vessel, the lessee is fully liable for all damage suffered by the lessor.
4. In case of serious incompetence, negligence, recklessness and/or failure to follow instructions of the lessor and/or its staff, no insurance claim will be made, and the lessee is fully liable for all (consequential) damages to the lessor and/or third parties.
5. The lessee is in breach if they fail to comply with these general terms and conditions. In such cases, the lessee is fully liable for all (consequential) damages and costs incurred by the lessor, including claims from third parties.
6. The lessor cannot be held liable for personal injury or damage of any kind, regardless of cause, occurring before, during or as a result of renting a vessel. Damage also includes consequential damage. Exception applies only in cases of proven intent or gross negligence by the lessor. Any compensation is limited to the amount paid out under the lessor’s liability insurance.
7. The lessor explicitly warns about the risk of limbs getting trapped between the vessel and other objects and the fact that aluminium may become very hot in summer. The lessor cannot be held liable for this.
8. Children (under 18 years) are the responsibility of the parents.
9. The lessor is not liable for theft and/or damage to property brought on board by the lessee.
10. The lessee must report any damage or circumstances that may reasonably lead to damage as soon as possible. Unreported damage will be fully recovered from the lessee and is not covered by insurance.
11. The lessee is fully liable for any damage caused when using the vessel outside the navigation areas specified in Article 3.
12. If the vessel is not returned in the same condition as received, the lessor is entitled to restore the vessel at the lessee’s expense, unless covered by insurance. In that case, only the €250 excess applies.
13. The insurance conditions of the lessor will be made available for inspection upon request.

7. Reservations

1. Reservations for one or more vessels can be made via the internet or by telephone. Reservations are only valid after confirmation by the lessor, via internet or in writing.
2. Payment is made when making the reservation, unless otherwise agreed in writing, via iDEAL (online banking) or in cash at the rental location.
3. In case of cancellation less than 48 hours in advance of a confirmed reservation or in case of no-show at the reserved date and time, the lessee owes the full rental amount and is not entitled to an alternative.
4. If the lessee is more than 1 hour late without prior telephone notice, the lessee owes the full rental amount and the lessor has the right to rent the vessel to someone else. The lessee is not entitled to an alternative.
5. In case of changes to the reservation by the lessee, they may request substitution by a third party.
6. If a reserved vessel is not available 1 hour after the start of the rental period and the lessor cannot offer a reasonable alternative, the lessee is entitled to a refund of the rental fee, unless the lessor informed the lessee at least 2 hours before the agreed time that the vessel would not be available. The lessee is not entitled to additional compensation.
7. If the lessee returns the vessel earlier than the agreed rental period, there is no right to a refund.

8. On-site rental without reservation

Even without reservation, it may be possible to rent a vessel in some cases. Payment is made on site before the start of the rental agreement in cash.

9. Deposit

Before the rental agreement can start, the lessee must pay a €100 deposit on site and present valid identification, unless otherwise agreed in writing. The identification must belong to the lessee. The deposit together with a copy of the ID serves as security. If the agreement ends according to the agreed conditions and no damage is found, the deposit will be refunded.

10. Complaints and disputes

1. Complaints must be submitted in writing within one week after the rental date, with proper explanation and substantiation.
2. The rental agreement is governed by Dutch law. Only the competent court in Amsterdam has jurisdiction over disputes.

11. Additional provisions for manned rental (boat with skipper)

The following provisions are additional to the general terms and apply if the lessee rents a boat including skipper provided by or on behalf of the lessor.

1. Skipper

   The skipper is responsible on behalf of the lessor for steering and navigation of the vessel. The lessee and their group must follow the skipper’s instructions at all times. In case of repeated or serious non-compliance, the skipper has the right to immediately terminate the trip without any right to refund.

2. Responsibility for passengers

   The lessee remains fully responsible for the behaviour of passengers on board. If damage or nuisance occurs due to passengers, the lessee is liable in accordance with Article 6.

3. Safety and behaviour on board

   The skipper is authorised to refuse access to or remove passengers who behave aggressively, disruptively, dangerously or inappropriately, provided this is done at a safe and appropriate location.

4. Alcohol and drugs

   Alcohol consumption on board is allowed, provided it does not lead to nuisance or dangerous situations. Without written permission from the lessor, it is not permitted to bring your own alcoholic beverages on board. Drug use is strictly prohibited. The skipper may interrupt or end the trip if safety is at risk.

5. Times and routes

   The trip starts at the agreed time, regardless of whether the lessee or their group is present. Late arrival does not extend the trip. The route is determined in consultation with the skipper, taking into account navigation possibilities, weather conditions and safety.

6. Cancellation and weather conditions

   In case of bad weather (such as strong wind, thunderstorms, heavy rain or storms), the lessor or skipper may decide not to operate or to end the trip early. In that case, an alternative date or partial refund/voucher will be considered. If less than 25% of the planned trip is completed, the lessee may choose a new date or a refund/voucher in reasonableness.

7. Music and nuisance

   Music on board is only allowed if approved in advance by the lessor or skipper. Volume must be limited at all times to avoid nuisance. Live music is not allowed unless explicitly agreed in writing.

8. Insurance and liability

   The liability provisions in Article 6 apply also to manned rental. The lessor is not liable for damage to personal belongings or for indirect damage such as consequential loss or loss of income.

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.