General Conditions

Article 1. Definitions

In these general terms and conditions, the following terms are used in the following sense, unless expressly stated otherwise.

Canal Motorboats

Canal Motorboats is the user of these general terms and conditions and can also be regarded as the lessor.

Tenant

The person entering into an agreement with Canal Motorboats or to whom Canal Motorboats has made an offer to which these general terms and conditions apply.

Article 2. General

1. Canal Motorboats rents out boats. The tenant must behave in accordance with these general terms and conditions and ensure compliance with all regulations included in the general terms and conditions by all persons on board. If it appears that the tenant (or a person in the company of the tenant) does not behave in accordance with the general terms and conditions of Canal Motorboats, Canal Motorboats reserves the right to dissolve the agreement with the tenant immediately. In such a case, there is no entitlement to a refund of monies already paid.
2. These general terms and conditions apply to all (rental) agreements of Canal Motorboats. The entering into of an agreement by the renter without comment, whereby reference is made to these general terms and conditions, is considered as agreement to the application of these general terms and conditions.
3. Deviation from these general terms and conditions is only possible if parties have explicitly agreed so in writing in advance. Applicability of any general terms and conditions used by the hirer is expressly rejected. Such application can only be valid if the parties have expressly agreed to this in writing and in advance.
   
4. Situations that are not regulated in these general terms and conditions, or about which there is a lack of clarity, should be judged according to the spirit and purpose of these general terms and conditions.
5. Canal Motorboats reserves the right to amend or supplement these general terms and conditions. Changes of minor importance can be made at any time. If the renter does not want to accept a change, he can terminate the agreement by the date the new conditions come into effect.
6. Canal Motorboats ensures that the vessel, complete with the extras mentioned in the agreement, is in good condition and that it can be used for the purpose for which it is intended (at least a paddle). The lessor shall also ensure adequate WA and Cascade insurance for the vessel (max. € 250 own risk).
7. Canal Motorboats is not liable for damage to goods or for any physical injury/accident unless that damage and/or that injury/accident is the direct consequence of a defect to the vessel made available by the lessor.
8. Canal Motorboats can refuse the tenant the boating due to bad or dangerous weather conditions and/or excessive use of alcohol and/or other narcotics or order the tenant to return to the dock or go to a mooring without delay indicated by the tenant.

Article 3. General obligations of the lessee

1. The minimum age for hiring/driving a boat from the lessor is 18 years.
2. The use of confetti, fireworks, rice etc. is not permitted on board.
3. No rubbish may be thrown overboard. After the rental period, the tenant can dispose of the waste in the waste bin at the rental location. If the vessel is not left free of waste by the tenant, he will owe an amount of at least € 50,- for cleaning costs.
4. The tenant must comply with all canal rules and signs.
5. Tenant may not go in areas where this is not allowed. This is indicated by signs and on the supplied map (e.g. the IJ).
6. Tenant may not go close to houseboats and may not take pictures inside houseboats.
7. Tenant must at all times comply with the instructions of the lessor.
8. Tenant is deemed to have sufficient skills for a careful and safe handling of the vessel.
9. Without written permission from the lessor the tenant shall not give up the craft for use.
10. Only if agreed in writing in advance may the tenant return the craft at another location.
11. If for any reason the tenant cannot make the agreed return time, he should inform the lessor of this by telephone as soon as possible. If the vessel is handed over at the agreed place later than the agreed time, the lessor will charge €30,- per 15 minutes extra and the lessor is entitled to compensation of any further (consequential) damage, unless the late return cannot be attributed to the tenant.
12. It is forbidden to let more persons on board than stated in the agreement. Any consequences are for the account and risk of the tenant. Canal Motorboats reserves the right to withhold its own risk when more than the maximum number of persons indicated has been found on board the vessel.
13. It is forbidden to drive a vessel under the influence of alcohol and/or drugs.
14. In the twilight, it is mandatory to use the supplied light visibly.
15. The tenant is responsible for causing as little nuisance as possible to others on the water and to local residents.
16. Music is not allowed on the boat. It is not allowed to bring speakers on board, not even when they are turned off. The tenant may be denied access if a music box is brought on board or if music is played.
17. If the tenant leaves the boat in case of an emergency, he has to notify the lessor as soon as possible.
18. Children (up to 18 years of age) are the responsibility of their parents.

Article 4. Damage, loss, inventory, liability

1. The lessor shall ensure that the vessel for the benefit of the tenant is insured for third-party liability and hull damage for navigation in the area agreed between lessor and tenant. Per vessel an own risk of €250,- per case for third party liability and hull damage, which cannot be bought off, applies to the tenant.
2. The tenant is obliged to immediately report any damage caused during the rental period (to the vessel as well as to third parties) to the lessor. If the tenant fails to do so, the damage will not be covered by the insurance and the tenant will be fully liable for the full costs of repairing the damage.
3. In case of serious incompetence, negligence, recklessness and/or failure to comply with instructions by the lessor and/or his personnel, the lessor will not make a claim under the insurance, but the tenant will be fully liable for all (consequential) damage suffered by lessors and/or third parties.
4. The vessel and the inventory (such as maps, life jackets, paddles, cushions, blankets etc.) which the tenant receives from the lessor must be delivered in the same condition after the rental period as in which they were at the start of the rental period. In the event of loss or damage, the lessor will charge the tenant an amount equal to the replacement/repair value.
5. In the event of loss or theft of the vessel, the tenant shall in all cases be fully liable for the damage suffered by the lessor.
6. Before taking off, the tenant should check whether the inventory included in the rental agreement is present, complete and sound. If this is not the case, the tenant should inform the lessor of this before going onto the canals.
7. Before going on the canals, the tenant should check the vessel for any damage not recorded by the lessor. If the tenant discovers that there is damage which has not been recorded by the lessor, the tenant must inform the lessor of this before boating.
8. At the end of the rental period, the tenant should hand over the vessel to the lessor at the agreed time and place, in the same condition as he received it, regardless of the weather conditions.
9. The tenant is liable for any (consequential) damage and/or loss of the craft, insofar as not covered by insurance, occurring during the time he has the craft in his possession. The tenant shall not be liable if he can demonstrate that the damage and/or loss cannot be attributed to him or any of his passengers.
10. The lessor cannot be held liable for personal injury or damage of any kind, regardless of the cause, prior to, during or as a result of hiring a vessel from the lessor. Damage is also understood to be consequential damage.
11. Exception to this is the legal obligation to compensate damage caused by demonstrable intent or gross negligence by the lessor. This legal compensation by the lessor to the tenant shall be at most the amount that the lessor receives from his legal liability insurance for the incident in question.
12. The lessor is not liable for theft and/or damage of properties which the tenant takes with him on the vessel.

Article 5. Reservation, payment, cancellation

1. In case of reservation the lessor is allowed to ask for an advance payment. If the tenant does not pay the advance payment in time or does not take possession of the rented object in time, he cannot derive any rights from his reservation.
2. Cancellation or rescheduling by the tenant is free of charge up to seven days before the start of the event.
3. Seven days to 48 hours before the start of the rental period, the tenant owes 50% of the rental sum.
4. From 48 hours before the start of the rental period, the tenant owes 100% of the rental price. Cancellation or rescheduling by the tenant is not possible.
5. Only the lessor can cancel or move the reservation within 48 hours, for example due to extremely bad or dangerous weather.
6. In case of bad weather (very dense fog, persistent rain, thunderstorm or storm) the lessor reserves the right to immediately (partially) terminate the agreement, the lessor will reimburse the tenant half of the non-dangerous time of the rental period.
7. Lessor may terminate the agreement immediately and take back the vessel immediately if tenant does not comply with the general conditions. The tenant is then also obliged to pay the full rental price for the previously agreed period.

Article 6. Events, adjusted rates/cancellation conditions

1. Canal Motorboats reserves the right to charge adjusted rates during King’s day, Gay Pride, Prinsengracht concert, SAIL and other events.
2. The cancellation conditions do not apply during events and on the days mentioned above. Cancellation by the tenant is not possible. Only the lessor can cancel the agreement. 

Article 7. Image material

1. It is possible for Canal Motorboats to take photographs or video material during the cruise. By agreeing to these terms and conditions, you agree that Canal Motorboats may use this material for commercial purposes.

Canal Motorboats B.V.

Zandhoek 22

1013 KT Amsterdam

Phone number: + 31 (0) 20 422 70 07

E-mail: info@canalmotorboats.com

CHAMBER OF COMMERCE: 33290675

VAT nr: NL805666230B01