Terms and Conditions

Terms and conditions of www.giethoornboating.com
part of V.O.F. Kiosk Koppers.

Postal address: Ds. T.O. Hylkemaweg 3 , 8355 CD Giethoorn
Chamber of Commerce No: Zwolle 05018709
VAT no.: NL008807449B01

Definitions
All amounts stated in these general terms and conditions include sales tax.
In these terms and conditions:
– The landlord: V.O.F. Kiosk Koppers that enters into an agreement regarding the provision of a vessel against payment.
– The hirer: the natural or legal person who enters into an agreement with regard to the use of a vessel against payment.
– The rental agreement: the agreement in which the lessor undertakes to allow the lessee to use a vessel without a crew against payment.

The agreement
– The agreement is concluded by acceptance and payment of the offer by the tenant.
– In the case of an electronic assignment, the lessor will send an electronic confirmation to the lessee.
– All provisions in which the hirer is mentioned apply mutatis mutandis to all fellow passengers or third parties who use the boat with the hirer’s approval. (The renter may not hand over the vessel in use without written permission from the lessor).
– The renter is responsible for fellow passengers and aforementioned third parties with regard to compliance with the general terms and conditions. Failure to comply with this will be attributed to the tenant.
– By reservation, a binding rental agreement is concluded between the parties.
– The landlord, in this case the partners of V.O.F. Kiosk Koppers, are assisted in operational management by the employees who are therefore entitled to act on, among other things, compliance with the general terms and conditions.

The price
– The rental price and any additional costs that the tenant must pay are agreed in advance, as is any authority to make interim price changes.

Rental period boat
– If the agreed time of arrival is exceeded, an additional amount of money will be charged in accordance with the rental rates applicable at that time. This amount is due without any reminder or other notification and is immediately due and payable.
– The reserved boat must be collected by the renter no later than the time indicated on the booking. Being late by the renter to collect the boat, for whatever reason, means a shortening of the rental period and does not entitle you to a refund of (possibly part of) the rental fee.
– i.e. later actual departure has no influence on the agreed return time, does not result in a reduction of the agreed rental amount and therefore does not give the right to shift the agreed return time.
– If you arrive later, more than 15 minutes after the agreed starting time without notice to the contrary, the lessor reserves the right to cancel the reservation without refund of the rent and the lessor is entitled to rent out the reserved boat.
– The lessor is not liable for the late arrival of the boat reserved by the renter. If he does not return on time, you can choose a different type of boat with a possible different rental price in consultation with the lessor, or you can wait in consultation and opt for a different rental period.
– In the event of a breakdown, the lessor must be informed immediately, possibly by telephone, stating the boat number and nature of the malfunction, so that the damage can be remedied. In the event of a breakdown, the rent will not be refunded.

Deposit
– The deposit is € 100 per boat or otherwise as determined by the lessor.
– The tenant receives a receipt from the landlord with the deposit amount due, which must be handed over to the landlord upon return.
– By handing over the above proof, the deposit will be paid or not. partially or fully refunded.
– Any exceeding of the rent will be charged with the deposit in addition to a possibly. extra payment charged.
– If the rules are violated and in case of damage caused to third parties, the lessor is authorized to terminate the rent early without refund of the rent and/or deposit.

Terms of payment
– The booking via the website must be paid in advance by bank.
– The lessee must pay the agreed payments as a deposit, and/or the costs for any agreed change in the rental period and/or boat type, by cash before departure.
– Any additional payments or refunds will be settled per cash.
– Damage and/or repairs charged by the lessor must be paid by cash, and/or set off against the deposit and/or by bank within 2 weeks.

Cancellation
– In case of bad weather, it is possible to change the reservation to a covered cruise against payment of any additional price, any reduced price will not be settled.
– Cancellations of the rental agreement must be reported to the landlord in writing or by email.
– In the event of cancellation, the booking costs of € 10,=, whether or not already stated at the time of booking, will be due to the lessor. If these booking costs are not stated separately in the booking, they are deemed to be included in the rent.
– In the event of early termination of the rental by the lessor immediately after sailing due to insufficient control of the steering skills, the lessee owes compensation of at least € 10.00 and the already used rental time.
– In addition to the booking costs due, in the event of cancellation by the tenant of the rental agreement, compensation of:
– 0% of the rent excluding the booking costs up to 1 week before the start of the rental period.
– 50% of the rent excluding the booking costs up to 2 days before the start of the rental period.
– 100% of the rent excluding the booking costs within 2 days before the start of the rental period.

Lessor obligation
– At the start of the rental period, the lessor will make the boat available to the lessee in good condition.
– The lessor gives the lessee clear instructions about the operation of the boat.
– The lessor hands over a sailing route map to the lessee and explains it.
– The lessor undertakes to insure the vessel against legal liability.

Obligation tenant
– The renter or one of his fellow passengers must have good control of the boat as a driver. If this is not the case, someone who has a better command of the art of sailing may also have to take over the helm at the request of the lessor. If, in the opinion of the lessor, the driving skills of the driver are insufficient, the lessor is authorized to terminate the rental prematurely. The minimum age of the driver of the boat must be 16 years.
– The lessee must inform himself in advance of the sailing route map and/or sailing route instruction provided by the lessor and take this with him on the sailing trip.
– The lessee must approve the condition of the vessel before departure, and the lessee also checks the vessel for the presence of a sailing boom. If the lessee leaves without reporting any damage and/or defects, the vessel, including accessories, is deemed to be in good condition.
– The hirer uses the vessel with due diligence and good skipper and in accordance with the destination.
– The lessee may not leave the vessel in use without written permission from the lessor. Subletting or lending a rental boat is not permitted.
– The lessee undertakes to return the boat on time to the place of receipt within the predetermined rental period, with all accessories and in the condition as received.
– The renter undertakes not to exceed the maximum number of persons per boat as indicated for the boat type during the boat trip.
– If damage is noticed by the tenant of whatever nature and/or circumstances that can reasonably lead to damage or if damage is caused by the tenant, the tenant must inform the landlord of this as soon as possible.
– The lessee must comply with the lessor’s instructions for the preservation of the vessel and the rights of the lessor.
– In the event of a breakdown, the lessor must immediately, possibly. to be informed by telephone, stating the boat number and nature of the malfunction, so that the damage can be remedied. In the event of a breakdown, the rent will not be refunded.
– The renter is obliged to comply with the rules of the game and the traffic rules on the water as described below in these general terms and conditions.
– The renter is responsible for fellow passengers also with regard to compliance with all rules and rules set out in these general terms and conditions. Non-compliance by fellow passengers will be attributed to the renter. All provisions in which the renter is mentioned apply mutatis mutandis to all fellow passengers

Liability
– The lessee is liable for damage, consequential damage and/or loss of the vessel including accessories, insofar as not covered by the insurance, which has arisen during the period that the lessee has the vessel under him.
– The lessor accepts no liability for damage resulting from death, injury, accidents, injury, destruction, loss or theft caused during or as a result of the boat rental or due to collisions.
– The lessee indemnifies the lessor against all damage of third parties and fellow passengers, for which the lessor may be liable under the law and for which the third-party insurance cannot be covered by the lessor.
– The renter indemnifies the lessor against all damage to boats, accessories and/or other claims for damage from fellow passengers and/or third parties, for example (but not exclusively), damage resulting from fines, violations, crimes, loss and/or missing.
– The lessee indemnifies the lessor against all fines, administrative sanctions, transactions, etc. that may be imposed on the lessor for crimes or violations committed during the rental period by the lessee and/or driver and/or passengers.
– The lessee is liable for damage and costs, which are not insured by the liability insurance, which are the result of not following the instructions given by the lessor to preserve the vessel and to preserve the rights of the lessor.
– The landlord is not liable for material and/or physical injury to the tenant and his fellow passengers, also caused by (but not limited to) negligence, vandalism, rowdyness, alcohol consumption, etc., etc., for example, hands and fingers between the boats and shoring, falls when getting in and out, slipping in the boat, diving in shallow water, etc. etc.
– The tenant must take care of any rescue equipment such as, for example. life jackets for himself as well as for the fellow passengers. The lessor is not liable for accidents as a result of not mastering the art of swimming.
– The renter is liable for damage caused to boats and/or accessories of the lessor.
– The liability and indemnity limitations do not apply in the event of intent or willful recklessness on the part of the lessor or its managerial subordinate(s).

Rules on the water
– Bringing and consuming alcoholic beverages is not allowed.
– Diving from the boat is not allowed, the water around Giethoorn is very shallow in most places.
– While swimming in the water, it is prohibited to be dragged along by a boat, whether or not with a rope, for example.
– Hands, fingers and all limbs must be kept inside the boat during the presence in the boat, so that they do not interfere with anything.
– Towing or pushing other vessels is not allowed.
– The compartment containing the batteries may not be opened and/or used to store personal items.
– In the event of a breakdown, the lessor must be informed immediately, possibly by telephone, stating the boat number and nature of the malfunction, so that the damage can be remedied.
– It is recommended to use swimming shoes or something similar while swimming to prevent injuries to feet and legs, for example, as a result of the presence of, for example, garbage, branches, mussels, shells, etc. on the bottom of the swimming location.
– It is forbidden to sit on the protection bar of the outboard motor as well as on the motor.
– The driver of the boat must sit alone and not with several people on the skipper’s bench to steer the boat. On boats with a steering wheel, such as console boats and electric sloops, the driver should sit alone and centrally behind the steering console, i.e. with the feet to the left and right of the console. This driver must then simultaneously operate both the steering wheel and the throttle.
– In case of dirt in the propeller of the engine, this must be removed by the driver himself, for this purpose the power supply cable to the batteries must first be disconnected and/or the ignition key must be removed from the ignition lock.

Traffic rules on the water.
– The tenant is bound by the applicable traffic rules in water.
– The maximum sailing speed in the old center of Giethoorn is 6 km/h.
– The minimum age to operate a motor vessel is 16 years.
– There is one-way traffic between post 1 and post 5 in the village canal.
– The tenant must slow down when approaching busy locations and intersections, especially in the village canal and the shipping canal “Beukers-Steenwijk”.
– Traffic in the village canal has priority over the side canals.
– Tour boats and sailing boats always have priority everywhere, even if they make a special maneuver such as reversing and turning.

Other provisions
– In case of violation, and also in the case of suspected violation, possibly in the future, of the rules described in these general terms and conditions, the lessor as well as the employees employed by him, whether or not in function as tour skipper, are on the way on a boat, and the competent authority is also entitled to terminate the rental unilaterally at any time, including before the start of the boat trip, without refund of the rental fee and/or deposit.
– The driver of the boat must have good control of the vessel. If this is not the case, someone who has a better command of the art of sailing must also take over the helm at the request of the lessor or the competent authority. If, in the opinion of the landlord, the steering skills of the tenant are insufficient, the tenant is authorized to terminate the lease early.
– In case of damage caused to third parties or to the boat itself, the lessor is authorized to terminate the rental early without refund of the rent and/or deposit.

choice of law
– These general terms and conditions/agreement and all disputes are exclusively governed by Dutch law.

In addition to general terms and conditions, we have a privacy statement