| 1. |
RENTAL
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| 1.a | The rental takes place between the owner (hereby named the lessor) of the vessel and the hirer. |
| 1.a.1 | When the lessor appoints another person to act on behalf of himself, the hirer is notified in writing. |
| 1.a.2 | If Yachtcharter Lemmer act as the lessor, then this is stated in the contract. |
| 1.b | The rental takes place according to the lease pleasure vessel rental contract, together with the conditions, established by Yachtcharter Lemmer. |
| 2. |
RESERVATION
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| 2.a | A reservation is only definite when Yachtcharter Lemmer receive the completed and signed rental contract, and upon receipt of payment of required part the total rental sum, paid into the bank account of Yachtcharter Lemmer. |
| 2.b | Reservations occur when filling in and signing the reservation form along with the accompanying declaration about sail- and sailing experience. |
| 2.c | The reservation form must be returned with the declaration and a copy of the passport to Yachtcharter Lemmer. |
| 3. |
CONFIRMATION
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| 3.a | Upon receipt of the reservation form and up until the first payment is due, Yachtcharter Lemmer will offer the hirer first option of the desired vessel. |
| 3.b | The hirer will receive two copies of the rental contract. One of them should be retained by the hirer. |
| 3.c | The rental contract should be completed, signed and returned to Yachtcharter Lemmer within 5 days. |
| 4. |
PAYMENT
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| 4.a | Upon receipt of the rental contract and within 5 days, 40% of the total rental sum should be transferred into the bank account of Yachtcharter Lemmer. The remaining sum must be transferred at least 3 weeks before the start of the rental period. |
| 4.b | By booking within a short period of time of less than 3 weeks, the full amount will become payable after signing the rental contract. |
| 4.c | Administration and cleaning costs are included in the full rental charge. |
| 4.d | The deposit is not included in the full rental charge. This must be paid at the start of the hire period to the lessor or to a person designated by the lessor. |
| 5. |
CANCELLATION
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| Charges for cancellation – up to 12 weeks before commencement of the hire period: 25% from the total rental sum, – from 12 to 6 weeks before commencement of the hire period: 50% of the total rental sum, – from 6 weeks before commencement of the hire period: 95% of the total rental sum, – from the commencement date: 100% | |
| 6. |
LIABILITY
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| 6.a | Yachtcharter Lemmer is not responsible for the manner or default of the lessor, except in situations where Yachtcharter Lemmer acts as the lessor. |
| 6.b | If Yachtcharter Lemmer acts as the lessor, Yachtcharter Lemmer are not responsible for default of the owner. |
| 6.c | The hirer will not make the lessor responsible for personal and material damage. The hirer will not make the lessor responsible for claims by a third party, as for cost for prosecution, come into existence by events during the rentalperiod. |
| 6.d | The resposibility of the lessor in case of shortcoming is retricted till the highed of rentalsum payed by the hirer. |
| 7. | WITHDRAWAL OF THE RENTAL CONTRACT |
| Yachtcharter Lemmer and the lessor reserve the right to cancel the rental contract with immediate effect, should we feel that you, the hirer, have inadequate expertise in the sailing and/or navigation of a vessel, and without receiving any compensation and/or restitution of the rental charges. | |
| 8. |
COMPLAINTS
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| 8.a | Complaints, relating to the manner of the lessor and complaints concerning the technical state, inventory and/of the equipment of the vessel, should be reported directly to the lessor. |
| 8.b | Complaints must be submitted to the lessor within 24 hours after observation. If both parties can not reach a satisfactory solution Yachtcharter Lemmer should be contacted. |
| 9. |
YACHT HANDOVER
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| 9.a | It is compulsory for the lessor to ensure the vessel is in good technical form, with the usual equipment, the supplied life-saving resources and with the required inventory before the commencement of the hire period. |
| 9.b | The hirer should have two legitimate identity documents (for example: passport and drivers license) to show to the lessor. |
| 9.c | Before the commencement of the hire period, the lessor should make the hirer aware and put in writing, any damage and/or defects incurred before the commencement of the hire period. |
| 9.d | The vessel will be clean and with filled water, gas- and fuel tanks. |
| 9.e | Before the hirer takes over the vessel, he must check the inventory and checklist and, if satisfied, agree to sign it. Any damages must be fixed. Defects which have not been mentioned should be considered to have occurred after the handover of the vessel to the hirer, unless the lessor finds it reasonable for it to have been overlooked. |
| 9.d | The hirer is obliged to pay the rental sum and deposid charged including a cancellation charge, if necessary, even if the boat is not used, or is used for a shorter period than originally envisaged |
| 10. |
RETURNING THE YACHT
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| 10.a | At the end of the hire period, the hirer must return the vessel with full water- and fuel tanks. |
| 10.b | At the end of the hire period the vessel should be returned in a timely manner to the homeport. |
| 10.c | Should the hirer leave the ship in another place other than the homeport, then the costs for transport and delay are at the expense of the hirer. |
| 10.d | Any damage that occurred during the hire period, should be reported by the hirer to the lessor. The costs of the damage will be deducted from the deposit. |
| 10.e | Any materials lost during the hire period must be compensated for by the hirer. |
| 10.f | The vessel is transferred back to the lessor after assessment of the inventory and check list. |
| 11. |
SAILING AREA
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| The sailing area is stipulated by the insurance. An extension of the sailing area can only be possible if correspondence has been made between the lessor and insurer in writing. | |
| 12. |
DAMAGE OR BREAKDOWN
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| 12.a | In case of damage, breakdown, or otherwise, contact should be made with the lessor as soon as possible. |
| 12.b | The hirer should make it possible for the lessor and the insurance company to examine the yacht for insurance purposes. |
| 12.c | In case of damage, breakdown, or otherwise, and is not a consequence of wear and tear, the hirer is held responsible for the (following) damages, costs of storage, rescue and tow service. Therefore, claimed compensation must be met by the hirer unless the problem is not directly attributed to the hirer and damage is covered by the current vessel insurance. It is in the hirer’s best interest to take extreme care when accepting help. We advise the hirer to get a deposit / consequential damages insurance from Hamburger inssurancer |
| 12.d | If repairs are necessary, which is a consequence of damage brought on by wear and/or insufficient maintenance, and lasts longer than 24 hours, the hirer then afterwards reserves the right to claim a proportion of the rental charge over the period that he is not able to sail the vessel. |
| 13 |
REACHES OF CONTRACT
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| 13a. | Should one of the parties breach any of its obligations arising from the present contract, the other party shall be entitled to dissolve the contract in whole or part. This shall only be otherwise if the alleged breach is of such an extraordinary nature or is indeed incidental to further performance under the terms of the contract, that dissolution would not be justified. The party claiming a breach of contract shall also be entitled to claim compensation for any damage, unless the other party is not culpable for the breach of contract. |
| 13b. | In the event of whole or partial dissolution due to a breach of contract on the part of the lessor, he / she must reimburse any rental sum paid / deposid in whole or in part. If the breach of contract stems from the lessor not making the boat available, or making it available late, the hirer has the right to claim compensation. If a breach of contract on the part of the lessor spoils the holiday in whole or in part, the hirer shall have the right for further compensation. |
| 13c. | In the event of whole or partial dissolution due to a breach of contract on the part of the lessor, he / she must reimburse any rental sum paid / deposid in whole or in part. If the breach of contract stems from the lessor not making the boat available, or making it available late, the hirer has the right to claim compensation. If a breach of contract on the part of the lessor spoils the holiday in whole or in part, the hirer shall have the right for further compensation. |
| 14.a |
Pandemic
If there is an official ban for pleasure boats in the Netherlands in connection with the Covid19 pandemic and marinas are closed, you can postpone your water sports holiday to another period of this season or possibly the next season free of charge. If the prices are the same for this period, you don’t have to pay anything extra. If the prices are higher, you will be charged the difference. As long as the charter compagny can provide the service and there is no rental ban, there is no right to free cancellation and the normal rental conditions apply.For the permitted number of crew members on board, you must adhere to the guidelines of the Dutch R.I.V.M.interim change to the guidelines, allowing fewer or more crew members on board, does not entitle you to a free cancellation or rescheduling of the rental period.
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| 15 |
JURISDICTION AND DISPUTE RESOLUTION
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| 15.a | This contract has been drawn up under Dutch law. In the matter of disputes, it is subject to the exclusive jurisdiction of Dutch courts, or mediators established in the Netherlands appointed by both parties. |
| 16. |
GENERAL
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| 16.a | It is not permitted for the hirer, without the written permission of the lessor – to carry more crew members aboard than stated on the reservation form. – to take part in contests; – for pets to be aboard; – to make any changes to the vessel or its equipment; – to sail in/or the forecast of, bad weather conditions.(p.e Bft 7 or more ) – to sail at night, (with the exception of sea journeys) – to sub-let to others or for the use of others. – to conduct telephone conversations via ship-to-shore radio (VHF). – to tow other vessels |
| 16.b | Costs that are directly related to the use of the vessel, such as port, bridge, quay, lock, and harbour costs, as well as costs for fuel, are at the expense of the hirer. |
| 16.c | The hirer agrees to take good care of the vessel and its equipment and agrees to be “a good skipper” and to observe and comply with the sailing regulations. |
| 16d | The implicit costs for normal maintenance and repair, tugging and salvage arising from mechanical failure shall be borne by the lessor. If these costs exceed an amount of Euro 115,-, the lessor must first be contacted in order to solicit permission for the same, unless this is impossible under the circumstances. Itemised invoices should be presented before reimursement for said costs is made. The hirer must bring back any spare parts for the lessor where possible. |
©Yachtcharter Lemmer-2021
