Terms and conditions

Chapter 1 - Terminology.

Article 1
The following terminology applies to these Terms and Conditions:
a. The owner: the Bootjes and Broodjes Company, who will let the boat.
b. The hirer: The individual who, not acting under employment or on behalf of a company, through payment hires any of the owner’s property. The hirer, who is the skipper, has a minimum age of twenty-one (21) years. By signing the Rental Agreement the hirer affirms to adhere to the Rental Conditions and the Terms and Conditions as described below.
c. The Rental Agreement: the agreement in which the owner affirms to let the hirer a vessel without crew for payment.
d. Hired property: the entirety of the property as described in the Rental Agreement which the hirer rents from the owner. This includes, but is not limited to, the vessel itself, as well as agreed upon materials such as life vests and other accessories.
e. Consequential damage: damages resulting from an incident where the owner’s property sustains damages. This includes, but is not limited to, the lack of rental income acquired from the vessel due to the owner’s inability to further let the vessel.

Chapter 2 - Owner's obligations.

Article 2
a. At the start of the rental period the owner will bestow the hired property upon the hirer. The owner shall see to it that the property is kept in good condition.
b. The owner is obligated to provide insurance of the let property for the hirer against liability, all-risk damages, and theft for the duration of the trip in the between owner and hirer agreed upon area. The insurance allows the use of the vessel for rental purposes.
c. The owner is obligated to hold the vessel available in case of a reservation made in advance by the hirer for the agreed upon rental period.
d. The owner will, at the end of the rental period, refund the deposit as mentioned in Article 4, if the case should arise deducting charges as mentioned in Article 4.

Chapter 3 - Hirer's obligations.

Article 3.
The hirer shall collect the vessel at the agreed upon time and place. When the hirer fails to do so, the owner has the right to void the agreement, thus enabling the owner to let the vessel to other hirers.

Article 4.
For the hired property the hirer shall pay one hundred and fifty (150) euro deposit in advance per hired vessel. This deposit stands as a down payment for potential policy excess. This policy excess is two hundred and fifty (250) euro.

Article 5.
The hirer is obligated to act responsibly towards the hired property at all times during the rental period. The hirer will at all times display good seamanship and will abide by the national and local laws as well as traffic rules and regulations pertaining to the use of vessels.

Article 6.
De huurder is verplicht zich tijdens de huurperiode als een goed huisvader te ontfermen over de gehuurde goederen. Daarnaast gedraagt hij zich tijdens de huurperiode conform de regels van goed zeemanschap, waarbij bovendien de landelijke en lokale wetten en regels voor het gebruik van vaartuigen in acht dienen te worden genomen.

Article 7.
The hirer is obligated to abide by the company rules concerning the use of the vessel at all times.
These rules include, but are not limited to:
a. The hirer is obligated to provide properly fitting life vests for passengers that are unable to swim, whether these vests are supplied by the owner or not.
b. The hirer is not allowed to let children navigate the vessel.
c. The hirer is not allowed to have more than six individuals on board of the vessel at any given time, unless explicit consent has been given by the owner. Upon taking notice of a transgression concerning the maximum number of passengers allowed on the vessel, the owner has the right to add a charge of twenty (20) euro per person exceeding the maximum number to the agreed upon rental fee.
d. The hirer is not allowed to hand over the vehicle to any third party without prior written consent of the owner.
e. The hirer is not allowed to make any kind of modification to the vessel.
f. The hirer is not allowed to let dogs board the vessel without prior consent of the owner. When consent has been given by the owner, the hirer will see to the removal of all hairs from the vessel before returning it.
g. The hirer is only allowed to use the vessel within the confines of the area as indicated by the owner. This area comprises Leiden and its surroundings, which include the Vliet and Kagerplassen, excluding the Braassemermeer.
h. The hirer shall at all times adhere to the instructions of the owner’s personnel.
i. The hirer is not allowed to tow other vessels, unless explicitly agreed upon otherwise.
j. Bij enstig misbruik kunt u gesommeerd worden om de boot te verlaten. Alle gemaakte kosten en volgschade worden bij de huurder in rekening gebracht.

Article 8.
Expenses made while using hired property include, but are not limited to, port, mooring and bridge fees are the hirer’s responsibility and must therefore be paid by the hirer.

Article 9.
The hirer is not allowed to have repairs to the vessel done during the rental period without the owner’s consent. When expenses for repairs have been specified and fall within the regular maintenance of the vessel, the expenses will be paid by the owner. Any expenses made by the hirer will only be refunded in the above mentioned case.

Article 10.
At the end of the rental period the hirer will return the hired property to the owner.

Article 11.
The hirer shall return the vessel within the rental period in a clean state at the rental office, where cleaning products and a vacuum cleaner are available if necessary. If the hirer is unable to return the vessel in a clean state, the owner has the right to charge an additional fifteen (15) euro cleaning fee.

Chapter 4 – Liability.

Article 12.
The hirer is liable for damages and/or loss and/or confiscation of hired property, in so far as the insurance provided by the owner fails to provide coverage, for the entire rental period. The hirer can be acquitted of liability only if it has been sufficiently proven that the damages have not been caused by the hirer or any of the passengers. The damages mentioned above also include any consequential damages.

Article 13.
The owner can in no way be held liable for damages and/or injuries and/or fatalities caused by the hirer’s use of hired property. The damages mentioned above also include any consequential damages.

Chapter 5 – Default and misconduct

Article 14.
If the owner fails to meet the obligations as specified in the Rental Agreement, the hirer may consider the Rental Agreement void. In this case the owner will immediately reimburse the already paid expenses concerning the Rental Agreement.

Article 15.
The hirer shall return the vessel to the owner within the agreed upon rental period. When the vessel is returned late without notification and/or prior consent, the owner will charge fifteen (15) euro for every fifteen (15) minutes the vessel is returned after the agreed upon time, plus any consequential damages suffered, unless the late returning of the vessel cannot be attributed to the hirer.

Article 16.
If the hirer fails to return the vessel to the owner in the same state it was in at the beginning of the rental period, or if the hirer fails to adhere to the HIRER’S OBLIGATIONS as described in these terms and conditions, the owner has the right to restore the vessel to its previous state at the hirer’s expense. This includes, but is not limited to:
a. Repairs to the vessel.
b. Cleaning expenses.
c. Loss or misplacement of property attached to the vehicle, such as rigging and inventory items.
Acceptable forms of payment are cash, debit card, and/or deducting expenses from the deposit.

Article 17.
If the hirer fails to pay any money due under or in connection with the Rental Agreement, or fails to perform his or her obligations as described in the Rental Agreement, the hirer will be held in default from the date the owner declares the hirer to be in said default. Hence, from that date the owner may consider the contract void without interference of the court of law, and may regain the vessel.

Chapter 6 - Force majeure.

Article 18.
a. Parties are not held to performing any obligation when they are obstructed in doing so through circumstances that are not due to any fault, and which is not their responsibility according to law, a legal act or views prevailing in traffic.
b. Aside from the understanding given to the term force majeure in jurisprudence and the law, in these terms and conditions it is considered to include all external causes, provided or not provided, on which the owner has no influence whatsoever.
c. The owner has the right to appeal to force majeure, when these circumstances prevent (further) fulfilment.

Chapter 7 – Cancellation and marketing

Article 19.
  Complaints about the Rental Agreement and the fulfilment thereof should be clearly defined and may be submitted to the owner in writing within a reasonable period.

Chapter 8 - The ten-hour card

Article 20
For holders of the 10-hour card the following conditions apply apart from the terms and conditions as mentioned above:
a. Reservations on a 10-hour card are limited to one vessel per card.
b. 10-hour cards are valid up until two years after the date of purchase. Refunds are not possible.
c. It is not allowed to lend the 10-hour card to other persons, unless consent has been given by the owner (the owner as defined in the terminology, so not the card holder but Bootjes and Broodjes).
d. Every use of the 10-hour card constitutes a separate rental period with regards to the policy excess. Example: 10 card uses means 10 rental periods, which could potentially amount to a policy excess of 10 times the set policy excess of 250 euro.
e. A deposit is made only once, namely at the purchase of the 10-hour card. It is refunded after the termination of those 10 hours, if the requirements for restitution as described in the terms and conditions have been met.
f. The owner (Bootjes en Broodjes) has the right to terminate the usage of the 10-hour card at any time. Only the remaining hours on the card will be refunded according to the hourly value of the card.
g. The hirer shall make sure a copy of a valid means of identification and his or her address information is handed to the owner upon acquiring the card.

House Rules

1. Bootjes en Broodjes assumes when letting a vessel that the hirer is capable of navigating it (including, but not limited to, not being under influence of alcohol or any narcotic). The hirers are deemed to be aware of the local and general traffic rules and regulations pertaining to vessels.

2. Bootjes en Broodjes expects the hirer to adhere to the single most important rule on the water: good seamanship. This is about using common sense when navigating a vessel, whenever and wherever. Examples hereof can be found in the rest of this document.

3. The hirer must do everything that lies within his or her means to prevent a collision or accident, even when the navigation rules state that the hirer would have right-of-way.

4. When passing under bridges always take the middle thoroughfare and only enter this thoroughfare if the other side of the passage is free of traffic.

5. Always stay on the right (if possible).

6. If you are navigating along the starboard bank (right side of the waterway), vessels who do not navigate this bank must yield right-of-way to you.

7. Commercial shipping always has right-of-way (think of for example tugboats, but also sightseeing boats).

8. Smaller vessels (up to 20 meters) must yield right-of-way to larger vessels (longer than 20 meters).

9. Yield right-of-way to sailing vessels, rowboats, and canoes.

10. Among smaller motorized vessels the rule is: the vessel approaching from starboard direction has right-of-way.

11. The vessel approaching a main fairway from a side fairway may not hinder other vessels. The vessel approaching must yield to all vessels already on the main fairway.

12. When in doubt, yield. Never insist on taking right-of-way, right-of-way must be yielded.

13. Navigating your vessel in places where people swim is strongly discouraged. Submerged swimmers can remain out of sight for longer periods. The propeller as well as the electrical wiring can be life-threatening.

14. Do not hinder other traffic or users of the waterways.

15. Do not swim with the motor running; if necessary take the key from the ignition.

16. If you notice debris on the propeller, remove it. If possible by using the inspection case. Make sure the motor is not running, if necessary take the key from the ignition.

17. If you notice or feel an obstacle under the boat, switch the engine to neutral until the obstacle is no longer under the boat.

18. Do not navigate too close to the bank/riverside (fishermen, sunken vessels or bicycles etc. can cause damage).

19. Do not navigate outside of the city with strong winds. Make sure to be out of the water when there are thunderstorms.

20. Broach high waves from an angle.

21. Help those who are in need, for example people stranded with a broken-down engine.

22. Towing boats or objects is not allowed without consent.

23. Properly tie up the boat when you go ashore, and only moor in places where this is allowed and possible (not at forested areas, wooden banks, etc.). Place the fenders in their proper position before mooring.

24. Never navigate in the dark unless lighting has been installed on the vessel.

25. Children and other individuals who are unable to swim must be supplied with a properly fitting life vest. Life vests are available at the rental location. If sufficiently available they are supplied free of charge.

26. The hirer is not allowed to let children navigate the vessel.

27. The hirer needs to have and show a valid means of identification.

28. Making a reservation for more than one vessel can only be done if the hirer pays in advance. These reservations are only finalized when payment has been received.

29. Cancellation is only possible after deliberation and with consent of Bootjes and Broodjes.

30. The rental period is binding and set. If during the rental period the hirer considers extending the duration of the rental period this is only possible after consulting Bootjes and Broodjes over the phone, and after consent has been given by Bootjes and Broodjes.

31. If you fail to return the vessel in time without notification and consent, we will charge an additional €15,- for every 15 minutes the vessel is returned late, as well as any consequential damages.

32. There is a maximum of 6 persons per vessel. In case we are made aware of a transgression of this maximum number of persons allowed on a vessel at any time during the rental period, we will charge and additional €20,- per person exceeding the maximum.

33. Dogs are only allowed on board after consultation and with our consent. The hirer takes care of cleaning the pillows of the boat from any hairs afterwards.

34. The hirer states to adhere to Bootjes en Broodjes’ house rules and Terms and Conditions by signing the Rental Agreement