General provisions Yacht rental

These conditions apply to all agreements that have to do with renting or hiring out yachts.

Article 1

If you have paid via the internet at the time of the reservation and you wish to dissolve the agreement within 7 working days after reservation, you will be reimbursed the amount paid as soon as possible, at the latest within 14 working days.

Article 1a

It is not possible to take out cancellation insurance through Driesprong Yachtcharters B.V. 

You can take out cancellation insurance yourself via an external insurer. The conditions of the relevant insurance taken out elsewhere will then apply. 

Article 2

The rental company shall supply the hired vessel tot the hirer at the start of the hire period. The vessel shall be in a good state of repair and fit to serve its intended purpose.

Article 3

The hirer shall use the hired vessel with all due care, as befits a good skipper, and in accordance with its intended purpose. The hirer shall refrain from introducing changes to the hired vessel. The hirer shall not relinquish the use of the hired vessel tot any third parties, neither in whole nor in part, without the rental company’s written permission.

Article 4

At the end of the hire period, the hirer shall return the hired vessel to the rental company at the agreed time and place, and in the same state it was in when the hirer collected it.

Article 5

All the expenses pertaining to keeping and sailing the hired vessel, such as harbour dues, bridge money, quay age, lockage, dock dues and the costs of fuel and lighting shall be for the hirer’s account.

Article 6

Maintenance and repairs

1.    The costs of regular maintenance and normal wear and tear of the vessel shall be borne by the lessor.
2.    The lessee is obliged to report any damage, defects or irregularities to the lessor immediately.
3.    Repairs may only be carried out with the prior written consent of the lessor.
4.    If the lessee has repairs carried out without permission, these costs shall be borne entirely by the lessee, unless the lessor decides otherwise in writing.
5.    Costs resulting from improper use, negligence, carelessness or use in violation of this agreement or legal regulations shall be borne entirely by the lessee.

Article 7

Liability and insurance

1. The hirer is fully liable for any damage to or loss of the hired vessel that occurs during the period in which the vessel is under his responsibility.
2.    The hirer is also liable for damage caused by crew members, passengers or third parties who are on board or using the vessel with the hirer's permission.
3.    If and insofar as damage is covered by the lessor's insurance, the full excess per claim shall remain at the expense of the lessee.
4.    Damage not covered by the insurance, for whatever reason – including exclusions in the policy conditions – shall be borne in full and without limitation by the lessee.
5.    In the event of intent, gross negligence, recklessness, sailing under the influence of alcohol or drugs, violation of legal regulations or acting in contravention of this agreement, any limitation of liability shall lapse and the lessee shall be obliged to compensate the full damage.
6. The hirer fully indemnifies the lessor against any claims from third parties relating to the use of the vessel during the hire period.
7. The lessor is not liable for physical injury, indirect damage, consequential damage, immaterial damage or damage to the private property of the hirer, crew members or passengers.

Article 8

Deposit

1.    The hirer is obliged to pay a deposit of €1,000 to the lessor before the start of the rental period. The vessel will not be made available without payment of the deposit.
   2.    The deposit serves as security for the fulfilment of all obligations of the lessee under this agreement, including but not limited to:
   o    damage to the rented vessel;
   o    damage to third parties;
   o    loss or damage to inventory;
   o    the applicable excess per claim;
   o    damage not covered by insurance;
   o    costs of salvage, cleaning or repair;
   o    fines and offences committed during the rental period.

3.    If damage is found, the lessor is entitled to immediately retain all or part of the deposit. The lessor is also entitled to retain the deposit until the extent of the damage has been definitively determined and all costs are fully known, including expert costs.
4.    If it subsequently transpires that the damage is less than the amount retained, the remainder of the deposit will be refunded to the lessee within 14 days of the damage being definitively determined.
5.    Refund of (the remainder of) the deposit will only take place after the vessel has been returned complete, clean, undamaged and in accordance with the inventory list, and all obligations under the agreement have been fulfilled.
6.    The deposit can never be offset against the rental price or other amounts due.

Article 9

If the rental company fails to comply with its obligations under this contract, the hirer may, without judicial intervention being required, consider the contract dissolved in which case the rental company shall immediately proceed to reimburse the hirer for all the payments already effected by the latter, who shall retain the right to claim compensation for any and all damage, costs and interest incurred. This shall not apply if an alternative can be offered which is acceptable to both parties and does not entail a higher price.

Article 10

The hirer shall be in default if he has not paid the hire on the due date or fails to fulfill his obligations under this contract. In the event of such default on the part of the part of the hirer, the rental company may, without judicial intervention being required and in addition to claiming fulfillment and/or damages, consider the contract dissolves and repossess the hired vessel immediately.

Article 11

If the hirer returns the hired vessel to the agreed place later than on the agreed time, the rental company may claim damages. This is € 50,00 pro hour that the vessel is not in de home-harbour.

Article 12

If the vessel is hired including a crew, such shall be evident from an initialed note on both copies of the contract. The names, quality and legal position of the crew shall be further agreed in writing. As far as navigation is concerned, the hirer shall recognize the skipper as captain of the vessel within the meaning of the law.

Article 13

Any complaints about the company that provides the pleasure boat must be submitted in writing to said company within one month after the complaint arose. If it proves impossible to settle the issue amicably, the complainant may file a written request for arbitration to the disputes panel for recreational issues of ANWB / CONSUMENTENBOND / RECRON, c/o Surinamestraat 4, 2585 GJ The Hague, the Netherlands. Decisions by this panel shall have binding force. The disputes panel shall not hear complaints regarding death or physical injury.

The committee does not deal with complaints about death or physical injury.