of the private limited liability company SKIPPER CLUB CHARTER B.V. with its registered office in IJlst.

Transcription

1 GENERAL HIRE TERMS AND CONDITIONS FOR BOATING HOLIDAYS of the private limited liability company SKIPPER CLUB CHARTER B.V. with its registered office in IJlst. Article 1 Terms a. SCC: Skipper Club Charter B.V.; b. Hirer: the contracting party (being a legal entity or natural person) of Skipper Club Charter B.V.; c. Hire Contract: the contract signed by the Hirer and SCC in which the contractual relationship between the Hirer and SCC is set out. Article 2 Applicability These Terms and Conditions have been drafted with the intention of setting out the rights and obligations between SCC and the Hirer unambiguously. They are published on the web site of SCC ( and added to the Hire Contract as an annex. These Terms and Conditions apply to hire contracts relating to the 2007 season and following years, and to all offers and all contracts between SCC and the Hirer relating to the hiring out and hiring of motor yachts for boating holidays. Article 3 Conclusion of a contract A contract will be concluded between the parties only through signing of the Hire Contract by the parties. Article 4 Obligations of SCC 4.1 Rent The rent applies to having the hired vessel at one s disposal for the period stated in the Hire Contract, and does not depend on the number of persons (see also article 5.5 below, Use ). The rent is inclusive of VAT, insurance (see article 4.3 below, Insurance ), making the beds with clean linens, route information, parking place for the car(s), steering instructions on the vessel, technical help under way and cleaning the vessel after the end of the hire period. The car(s) will be parked at the Hirer s risk. 4.2 Confirmation SCC will provide the Hirer with written confirmation of every request, booking, down payment and final payment. 4.3 Insurance SCC has insured the hired vessel against third-party liability, hull damage and theft. SCC has also taken out insurance for personal injury and material damage of the Hirer if the Hirer should be able to demonstrate that SCC is liable for the damage in question. Apart from the insurance policies referred to above, SCC has not taken out any other insurance, and the Hirer will have to take care of this personally. For example, the luggage taken on board by the Hirer will have to be insured, and the Hirer will also have to provide for medical insurance.

2 4.4 Transfer At the start of the hire period, SCC will transfer the hired vessel to the Hirer in accordance with the specifications in the brochure and on the web site of SCC and in a condition which is suitable for use during the boating holiday. To prepare the Hirer as well as possible to operate the vessel, the information needed by the Hirer to do so will be made available, and a (technical) explanation will be given. The Hirer will also be given boating instructions in practice. 4.5 Default SCC is entitled, if the vessel is not available to the Hirer in time owing to force majeure, to use another vessel which is suitable for use by the number of persons for which the Hirer hired the original vessel, without the Hirer being entitled to claim damages. Force majeure means: circumstances which prevent the performance of the Hire Contract and which are not attributable to SCC. These also include (if and in so far as these circumstances make it impossible or unreasonably difficult to perform): unforeseeable delay on the part of suppliers or other third parties on which SCC is dependent, the circumstance that SCC is unable to have a performance delivered promptly, properly or at all which is important in connection with the performance SCC itself must deliver, government measures which prevent SCC from complying with its obligations promptly and/or properly, excess absence due to sickness and transport problems in general. An agreed delivery time shall not be a deadline, unless otherwise agreed in writing. In the event of late delivery, the Hirer must put SCC in default in writing. Article 5 Obligations of the Hirer 5.1 Availability of the vessel The ship will be finally booked or reserved for the Hirer only after the Hire Contract has been signed by the Hirer and received by SCC, and the down payment stipulated in the Hire Contract has also been received by SCC. If the Hirer, even after a warning by SCC, remains in default of the stipulations in the preceding sentence, SCC will be entitled to release the vessel to another interested party. In that case, SCC will notify the Hirer of this. The hired ship will not be transferred to the Hirer until the full rent has been paid. 5.2 Age and identification The Hirer must be at least 18 years old. Persons under the age of 18 are not allowed to steer the hired vessel. The Hirer must be able to identify himself to SCC by a valid proof of identity, of which SCC will make a copy and store it in a file, which is mandatory for the marine insurance. 5.3 Condition of the vessel When the vessel is transferred, the Hirer will assess the condition it is in and must return the hired vessel to SCC not later than at the end of the hire period in the same condition in which he received it at the start of the hire period. 5.4 Use The Hirer must use the hired vessel carefully as a proper hirer and skipper, as if it was his own property. When the vessel is transferred, the Hirer must check at the start of the hire period whether everything is in accordance with his wishes and report any shortcoming to SCC immediately before departure, so that SCC will have the opportunity 2

3 to remedy any shortcomings. The Hirer may not modify the technical and routine equipment of the vessel and must report immediately to SCC if any equipment or property is damaged or lost during the hire period or loss of function has occurred. 5.5 The hired vessel may not be used by more persons than the maximum number stated in the brochure made available to the hirer and on the web site of SCC, unless otherwise agreed in advance with SCC. The Hirer must follow the instructions and directions of SCC which are given prior to the transfer of the hired vessel and the instructions and directions given on the on-board book. 5.6 The Hirer undertakes to use the ship for its intended purpose and may not sublet it to others or allow them to use it. 5.7 Additional costs The costs relating to the use of the hired vessel, such as costs of fuel and water, bridge, lock, port and mooring fees and any fines, will be payable by the Hirer. 5.8 Assistance If a (technical) defect should occur in the hired vessel during the hire period, the Hirer must inform SCC of this immediately so that SCC can take the necessary measures. The Hirer is not permitted to make repairs to the vessel independently or to have them made or otherwise request assistance from third parties without prior permission from SCC. 5.9 Going missing, theft, damage and so forth In case the ship goes missing, is stolen, damaged or destroyed, or if third parties attempt to establish or assert any right in the vessel, the Hirer must inform SCC of this immediately Complaints Any complaints about the (manner) of performance by SCC of its contractual obligations must be reported by the Hirer to SCC in writing within ten days from the end of the hire period. 3

4 5.11 Returning the vessel At the end of the hire period, the Hirer must return the vessel to SCC at the time stipulated in the Hire Contract in the port of SCC in the same condition in which the Hirer received the vessel at the start of the hire period. Before the transfer, the Hirer must in any case have done the following: removed the personal possessions from on board, removed separate refuse and deposited the refuse in the container, done the washing up, cleaned up the vessel, opened the curtains and collected the laundry. If the hired vessel is returned in an untidy condition and/or abnormally dirty, SCC will be entitled to charge the Hirer an additional fee (see brochure or web site) If the hired vessel has not been returned to SCC by the end of the hire period at the latest, SCC will have the right to charge the Hirer an additional fee (see brochure or web site) and the Hirer will also be obliged to compensate SCC for all losses caused by this, including consequential loss, on SCC s first demand. Article 6 Liability 6.1 The following three categories are distinguished for liability for damage and/or loss, including consequential loss, incurred during the period in which the Hirer used the ship: 1. Damage and/or loss caused to third parties which is fully covered by SCC s insurance will not be recovered from the Hirer. 2. Damage (not coming under category 3) caused to the hired vessel or other property of SCC, will be payable by the Hirer and each claim will be recovered from the Hirer up to a maximum of the amount of the deposit stated in the Hire Contract, unless the Hirer can demonstrate that the damage was not caused by him or one of the other persons sailing with him. In that case, the Hirer must report the personal details of the party who caused the damage to SCC. 3. Damage and/or loss which is not covered by SCC s insurance. The Hirer will be fully liable for this damage and/or loss and must compensate SCC for this on first demand. This concerns damage and/or loss occurring in the following situations: 3.1 to the windscreen windows, convertible cap and stainless steel instrument mounting bracket while sailing under a bridge; 3.2 sailing outside the permitted boating area; 3.3 sailing under the influence of alcohol or drugs or medicines regarding which the patient insert states that it is dangerous to drive a car or operate machines; 3.4 exceeding the speed limit; 3.5 if the ship is used for purposes other than a boat holiday; 3.6 if the Hirer has altered the setting of the engine or technical systems, or the controls of the vessel; 3.7 sailing in too shallow water while this is indicated on the water map and the Hirer ought to have known this. 4

5 6.2 If SCC fails attributably to comply with its obligations under the Hire Contract, SCC s liability, to the extent covered by its liability insurance, shall be limited to the sum paid by the insurer. If, for any reason, the insurer fails to pay, or the damage is not covered by the insurance, SCC s liability shall be limited to the amount owed by the Hirer as stipulated in the Hire Contract. 6.3 SCC shall not be not liable for consequential loss. 6.4 The Hirer shall indemnify SCC for claims of third parties relating to an attributable failure by the Hirer to comply with his statutory or contractual obligations. 6.5 The limitations of SCC s liability included in these Terms and Conditions will not apply if the loss is to blame on wilful acts or omissions or gross negligence on the part of SCC or its supervising subordinates. Article 7 Boating area The permitted boating area is limited to the inland waterways of the Netherlands, except for the IJsselmeer, Markermeer and the large rivers, as well as the Oosterschelde. You are, however, permitted to make the crossing from the Hollandse Brug (at Muiderberg) to Muiden and vice versa and the Muiden crossing across the IJmeer to Amsterdam and vice versa, in both cases only with good visibility, wind force 4 Beaufort at most and using an adequate water map of this area. Experienced hirers can obtain written permission to sail on the IJsselmeer and Markermeer, the large rivers and the Oosterschelde when they depart from SCC, through which these areas will also be covered by the marine insurance. Sailing on the North Sea, the Waddenzee, the Westerschelde, the Eems and Dollard and on foreign waters is prohibited at all times. The Hirer cannot obtain permission for this. Article 8 Cancellation 8.1 If the Hirer wishes to cancel the Hire Contract, he must notify SCC to this effect as soon as possible. In this case, three situations are conceivable: 1. The Hirer himself can find another hirer to take his place and ask SCC if this is acceptable and, if so, request, SCC to change the name on the Hire Contract to that of the new hirer. In that case, the Hirer will owe SCC 60 in rebooking costs. 2. The Hirer can ask SCC to find another hirer for the same vessel in the same period. In SCC succeeds in doing so, the original Hirer will owe SCC a fee of 125 for its efforts. 3. In case of cancellation without finding a new hirer, the Hirer will owe SCC a fixed amount of compensation of: % of the rent in case of cancellation more than 3 months before the start of the hire period; any excess rent will be refunded by SCC % of the rent in case of cancellation up to 2 months before the start of the hire period; any excess rent will be refunded by SCC % of the rent in case of cancellation up to 1 month before the start of the hire period; any excess rent will be refunded by SCC % of the rent in case of cancellation within 1 month before the start of the hire period. 5

6 Article 9 Dissolution; repossession 9.1 The claims of SCC against the Hirer shall be immediately due and payable, for example in the following cases: - if after the contract is concluded, circumstances come to the attention of SCC which give SCC good cause to fear that the Hirer will not comply with his obligations; - in case of the Hirer s bankruptcy or suspension of payment; - if the Hirer is otherwise in default and does not comply with his obligations under the contract. In the aforementioned cases, SCC will be entitled to dissolve the contract and repossess the vessel. The Hirer will be obliged to compensate the loss suffered by SCC from this, without prejudice to the other rights to which SCC is entitled. The Hirer must render full cooperation in the repossession of the hired ship by SCC. 9.2 If one or more of the cases referred to in this article should occur, the Hirer must inform SCC of this immediately. In such a case, the Hirer must also inform the receiver or administrator that the hired vessel is owned by SCC. Article 10 Complaints and disputes; applicable law 10.1 Complaints about the performance of the Hire Contract, whereby the Hirer is of the opinion that the complaint is serious enough to be eligible for compensation, must be reported to SCC as quickly as possible and with sound substantiation. SCC will strive for an amicable settlement. If SCC has complaints about the Hirer, SCC will strive for an amicable settlement as well If a complaint cannot be settled amicably, any dispute between the Hirer and SCC, in case the court is competent, shall be settled exclusively by the court in Leeuwarden. This does not apply to sub-district court matters within the meaning of Section 108 subsection 2 of the Dutch Code of Civil Procedure (Wetboek van Burgerlijke Rechtsvordering). SCC will, however, still be entitled to bring the dispute before the court with jurisdiction under the law or the applicable international treaty All contracts between SCC and the Hirer shall be governed by Dutch law. Article 11 Final provision These Terms and Conditions have been translated from Dutch into German and English. In case of debates over the interpretation of the translated texts, the Dutch text shall prevail. 6