Hire and letting of vessels via Familieboten.nl

These General Terms and Conditions govern the relationship between the hirer and the lessor under hire agreements concluded via Familieboten.nl, and, where applicable, the intermediary and payment services of Familieboten.nl.

Article 1. Definitions

1. Familieboten.nl: Mienskip v.o.f., trading as Familieboten.nl, which acts as an intermediary in the conclusion and administrative handling of hire agreements between lessors and hirers.
2. Intermediary: Familieboten.nl.
3. Lessor: the natural person or legal entity that owns, manages or operates the vessel in question and is authorised to let the vessel to the hirer. The lessor does not have to be the legal owner of the vessel.
4. Hirer: the natural person or legal entity that enters into a hire agreement with the lessor via Familieboten.nl.
5. Consumer: a hirer who is a natural person and acts for purposes outside their trade, business or profession.
6. Skipper: the natural person who actually handles the vessel and meets the age, experience and boating skill requirements that apply to the vessel.
7. Vessel: the vessel described in the booking confirmation, including its accompanying inventory and equipment.
8. Hire agreement: the agreement between lessor and hirer under which the lessor undertakes to make the vessel available to the hirer, in return for payment, for the agreed hire period.
9. Booking confirmation: the electronic confirmation from Familieboten.nl containing the details relevant to the hire agreement.
10. Special conditions: additional conditions or rules of use that apply specifically to a lessor, vessel or booking and that were made known to the hirer before the hire agreement was concluded.
11. Hirer's excess: the excess contractually agreed with the hirer for the vessel in question. This is separate from any excess that applies between the lessor and their insurer.

Article 2. Applicability and position of Familieboten.nl

1. These General Terms and Conditions apply to hire agreements concluded via Familieboten.nl.
2. The hire agreement is concluded between the lessor and the hirer. Familieboten.nl acts as an intermediary and is neither the lessor nor the owner of the vessel, unless expressly stated otherwise for a specific booking.
3. Familieboten.nl is authorised by the lessor to process bookings on the lessor's behalf, within the availability, prices and conditions provided by the lessor, to conclude and confirm hire agreements, and to receive and administratively process payments on the lessor's behalf.
4. Provisions on the vessel, the hire period, availability, insurance, actual handover, use and condition of the vessel relate to the legal relationship between lessor and hirer.
5. Provisions on intermediation, booking processing, communication and payment processing also relate to the services of Familieboten.nl.
6. Provisions that specifically concern consumers apply only if the hirer acts as a consumer.

Article 3. Offer and information

1. Familieboten.nl presents vessels that lessors have offered for hire and that Familieboten.nl has accepted for the platform.
2. The offer contains, as completely as possible, the details relevant to the booking, including the vessel, the hire period, departure and return location, hire fee, additional costs, payment terms, deposit, the excess that applies to the hirer, cancellation terms and any special conditions of use.
3. Obvious typing, pricing or input errors do not bind the lessor or Familieboten.nl if it could reasonably have been clear to the hirer that an error had been made.

Article 4. Conclusion and recording of the hire agreement

1. The hire agreement is concluded between the hirer and the lessor named in the booking confirmation as soon as the booking has been accepted in accordance with the reservation procedure and confirmed electronically by Familieboten.nl.
2. In doing so, Familieboten.nl acts as an authorised intermediary on behalf of the lessor.
3. The booking confirmation, the booking details it contains, these General Terms and Conditions and any special conditions agreed in advance together constitute the record of the hire agreement.
4. A separate hire contract signed by hirer and lessor is not required for the hire agreement to be concluded, unless this was expressly indicated before or at the time of booking.
5. For the purposes of their business operations, a lessor may require that a separate hire contract is signed in addition.
6. Such a separate hire contract serves to record the agreements made in more detail and cannot impose any materially new obligations or restrictions on the hirer that were not known before the hire agreement was concluded, unless the hirer expressly agrees to them.

Article 5. Right of withdrawal

1. For bookings on Familieboten.nl relating to a specifically agreed hire date or hire period, consumers do not have a statutory 14-day right of withdrawal.
2. Once the hire agreement has been concluded, the hirer can cancel the booking only in accordance with the cancellation policy in these General Terms and Conditions.

Article 6. Price and additional costs

1. Before the hire agreement is concluded, the hirer is informed of the hire fee and any additional costs that are payable.
2. The amount of the deposit and the excess that applies to the hirer are made known before the hire agreement is concluded.
3. Changes in taxes, levies or other government-imposed costs may be passed on, to the extent permitted by law.
4. Costs directly related to the use of the vessel, including marina, bridge, quay, lock, mooring and fuel costs, are payable by the hirer, unless agreed otherwise.

Article 7. Payment

1. The hirer must pay an invoice or payment request within 7 days of the invoice date or the date it was sent, unless another specific due date is stated in the booking confirmation.
2. If payment is made in instalments, the amounts and due dates are communicated to the hirer before the hire agreement is concluded.
3. If a down payment is required, it is a maximum of 50% of the agreed hire fee.
4. The full hire fee must be paid no later than 60 days before the start of the hire period.
5. If the hire agreement is concluded less than 60 days before the start of the hire period, the full hire fee must be paid within 7 days of the payment request and in any case before the start of the hire period.
6. Payments are processed via a payment service provider designated by Familieboten.nl.
7. If a consumer does not pay on time, they will receive a free payment reminder and the additional 14-day period required by law before any extrajudicial collection costs are charged.
8. If payment still does not follow, the collection costs permitted by law may be charged, and the lessor and Familieboten.nl may exercise the rights arising from the agreement and the law.

Article 8. Cancellation by the hirer

1. The hirer must notify Familieboten.nl of a cancellation as soon as possible, in writing or electronically.
2. In the event of cancellation, the hirer owes the following fixed cancellation fee: 15% of the agreed hire fee if cancelled up to three months before the start of the hire period; 50% if cancelled within three months but no later than two months before the start; 75% if cancelled within two months but no later than one month before the start; 100% if cancelled within one month before the start or on or after the start date of the hire period.
3. Amounts already paid will be set off against the cancellation fee owed.
4. If the hirer has paid less than is owed under this article, the remaining amount stays payable.
5. The hirer's personal circumstances, including illness, being unable to attend, changed travel plans or problems getting to the departure marina, do not give a right to free cancellation or a refund. In such cases this cancellation policy applies, unless mandatory law provides otherwise.

Article 9. Substitution

1. If the hirer cannot perform the hire agreement themselves, they can request that another person take their place.
2. Substitution is only possible with the consent of the lessor and Familieboten.nl.
3. The replacement hirer and skipper must meet the conditions that apply to the original booking.
4. Any change costs are communicated to the hirer before the change is made.

Article 10. Obligations of the lessor

1. The lessor ensures that at the start of the hire period the vessel is in good, safe and usable condition and suitable for the agreed use.
2. The lessor provides proper safety equipment appropriate to the agreed boating area.
3. The lessor ensures the vessel has suitable insurance for hire to third parties.
4. Existing visible damage is recorded before departure where possible.
5. If an inventory list is used for the vessel, it is made available before or at handover to the hirer.
6. The lessor is responsible for the actual handover and return of the vessel and for sufficient instruction on how to use it.
7. The lessor ensures that the hirer has the necessary contact details for breakdowns, damage, accidents and other urgent situations.

Article 11. Obligations of the hirer

1. The skipper must be at least 25 years old, unless expressly agreed otherwise in advance for a specific vessel.
2. The hirer and skipper must have sufficient knowledge, experience and boating skill for the vessel and boating area in question.
3. The hirer uses the vessel with care, as a good hirer and good skipper, and in accordance with its intended purpose.
4. The hirer may only sail between sunrise and sunset. Sailing at night is not permitted, unless expressly agreed otherwise in advance with the lessor, in writing or electronically.
5. Boating is not permitted on large rivers, large-scale waterways subject to special navigation rules, regulations or licences, the IJsselmeer, the Markermeer, Zone II waters, coastal waters in the Netherlands and Germany, and German rivers, unless expressly agreed otherwise in advance with the lessor, in writing or electronically.
6. The hirer follows the lessor's reasonable instructions regarding safety, preservation of the vessel and insurance.
7. Before departure, the hirer checks, as far as reasonably possible, the condition of the vessel, the inventory and the safety equipment, and reports any discrepancies as soon as possible.
8. The hirer may not allow third parties to use the vessel or sublet it without the lessor's consent.
9. The hirer, skipper and crew do not sail under the influence of alcohol, drugs or other substances that may affect boating ability.
10. The hirer complies with the statutory navigation rules, maximum speeds, local regulations and restrictions of the agreed boating area.
11. The maximum permitted number of people on board must not be exceeded.
12. Damage, running aground, breakdowns, loss, theft, accidents and circumstances that could reasonably lead to damage are reported to the lessor as soon as possible.
13. Repairs by third parties are carried out only with the lessor's consent, unless immediate action is necessary to prevent serious danger or further damage.

Article 12. Special conditions of use

• Additional conditions of use may apply to a specific vessel, for example regarding weather conditions, wind force, certain boating areas, pets, crew, cleaning, fuel, inventory and equipment.
• These conditions apply only if they were made known to the hirer before the hire agreement was concluded.
• If special conditions deviate from these General Terms and Conditions, the special conditions take precedence, to the extent permitted by law, over the general provision to which the deviation relates.

Article 13. Handover and return

1. The vessel is made available to the hirer at the agreed place and time.
2. Existing visible damage is recorded before departure where possible.
3. At the end of the hire period, the hirer returns the vessel at the agreed place and time and in the same condition as it was received, subject to normal wear and tear.
4. The vessel is returned tidy and in accordance with the cleaning arrangements communicated in advance.
5. If the vessel is returned late or to another place and this is attributable to the hirer, the reasonable costs and damage resulting from this may be charged to the hirer.

Article 14. Damage and liability of the hirer

1. The hirer is liable for damage to or loss of the vessel during the hire period, to the extent that this damage is attributable to the hirer, the skipper or fellow passengers.
2. To the extent that damage is covered by insurance, the applicable insurance cover and the excess contractually agreed with the hirer are taken into account.
3. Damage may also include reasonable consequential damage, to the extent that the hirer is liable for it under the law and this agreement.
4. The hirer is in particular liable for damage that arises because the vessel is knowingly sailed outside the agreed boating area or because the hirer knowingly acts contrary to safety, navigation or usage instructions.
5. If damage is not covered, or not fully covered, by insurance and the hirer is liable for it, the amount owed by the hirer may be higher than the contractually agreed excess or the deposit.

Article 15. Deposit

1. A deposit is required for the vessel. The amount of the deposit is equal to the contractual excess that applies to the hirer for the vessel in question. Both amounts are communicated before the hire agreement is concluded.
2. The deposit serves as security for the fulfilment of the hirer's obligations and may be used to set off damage and other amounts for which the hirer is liable under the hire agreement.
3. The amount of the deposit and the excess do not constitute a general limitation of the hirer's liability.
4. The deposit may be collected by the lessor or by Familieboten.nl on the lessor's behalf. At the time of booking, it is made known who will handle the deposit.
5. After the hire period, the deposit is refunded once the vessel has been checked and any damage, missing items or other amounts owed have been established.
6. If damage or loss is found on or after return, the lessor may draw up a damage report and record the damage with photos, videos, quotes, invoices or other relevant documents. Where possible, the hirer is given the opportunity to add their comments to the damage report.
7. If damage cannot be established or estimated immediately, the part of the deposit reasonably required for this may be withheld until the extent of the damage can be determined.

Article 16. Insurance and excess

1. The lessor ensures the vessel has suitable insurance.
2. The contractual excess communicated for the vessel in question before the hire agreement was concluded applies to the hirer. This amount is equal to the deposit referred to in Article 15.
3. The hirer's contractual excess is separate from any excess that applies between the lessor and their insurer.
4. To the extent that damage is covered by the insurance and the hirer is liable for it, the contractual excess may be borne by the hirer.
5. Damage that is not covered, or not fully covered, by insurance may likewise be borne by the hirer, to the extent that the hirer is liable for it.

Article 17. Unavailability of the vessel

1. If it turns out before or at the start of the hire period that the agreed vessel cannot be made available, the hirer is informed as soon as possible.
2. Where reasonably possible, an attempt is first made to offer a suitable alternative.
3. If no suitable alternative is available or the hirer reasonably does not accept it, the hire agreement may be terminated for the part not performed.
4. Amounts relating to a service that was not performed are refunded to the extent required by the agreement or the law.

Article 18. Bankruptcy or insolvency of the lessor

1. If, before the hire agreement is performed, there is bankruptcy, suspension of payments, cessation of business or any other circumstance as a result of which the lessor can no longer perform the agreement, the hirer is informed as soon as possible.
2. Where possible, an investigation is first carried out into whether a suitable alternative can be offered.
3. To the extent that amounts paid for the booking in question have not yet demonstrably been paid out to the lessor, they will no longer be paid out to the lessor.
4. If the hire agreement cannot be performed and no suitable alternative is accepted, the amounts not yet paid out to the lessor are refunded to the hirer.
5. To the extent that amounts have already demonstrably been paid out to the lessor, the hirer has, in principle, a claim against the lessor for any refund.
6. Familieboten.nl is not obliged to reimburse the hirer from its own funds for amounts already demonstrably paid out to the lessor, unless this obligation arises from the law or from a breach attributable to Familieboten.nl.

Article 19. Force majeure

1. Force majeure means a circumstance that wholly or partly prevents performance of the agreement and that is not attributable to the party that is thereby unable to perform.
2. Depending on the circumstances, this may include war, serious unrest, natural disasters, government measures, closure of waterways, extreme weather conditions, exceptionally high or low water, severe ice, epidemics and other external circumstances that make performance reasonably impossible.
3. Bad weather, rain, wind, high or low water or other unfavourable boating conditions do not automatically constitute force majeure. That is only the case when performance is genuinely impossible or when boating is, by objective standards, not safe or not permitted.
4. The party that cannot perform due to force majeure informs the other party concerned and, where applicable, Familieboten.nl as soon as possible.
5. Where reasonably possible, an investigation is first carried out into whether performance is possible at another time or with a suitable alternative.
6. If performance is not possible, lessor and hirer may agree, by mutual consultation, a rebooking, a voucher or another suitable alternative. If no solution that is reasonable for both parties is reached, the other provisions of this article apply.
7. If performance is permanently impossible or can no longer take place within the agreed hire period, the agreement may be terminated for the part not performed.
8. A party is not obliged to compensate damage that is solely the result of a force majeure situation not attributable to it. This does not affect any obligation to refund services that were not performed.
9. Personal circumstances on the hirer's side fall under the cancellation policy of Article 8.
10. Bankruptcy, suspension of payments, cessation of business or insolvency of the lessor is handled in accordance with Article 18.

Article 20. Liability of Familieboten.nl

1. Familieboten.nl acts as an intermediary and is not responsible for the actual performance of the hire agreement by the lessor.
2. The lessor is responsible for, among other things, the condition, safety, insurance, availability and actual provision of the vessel.
3. Familieboten.nl is not liable for damage resulting from acts, omissions or a breach by the lessor or hirer, unless and to the extent that the damage is the result of a breach attributable to Familieboten.nl in performing its own intermediary or platform services.
4. If Familieboten.nl is liable, it is liable only for direct damage that is the immediate result of that breach.
5. To the extent permitted by law, liability of Familieboten.nl for indirect and consequential damage is excluded.
6. To the extent permitted by law, the total liability of Familieboten.nl is limited to a maximum of the total hire fee of the booking to which the damage relates.
7. The limitations of liability set out in this article apply only to the extent that they are permitted by law.

Article 21. Privacy and personal data

1. Familieboten.nl processes personal data in accordance with the applicable privacy legislation and the Privacy Statement available on the Familieboten.nl website.
2. To the extent necessary for concluding, performing and administratively handling the hire agreement, Familieboten.nl may provide the hirer's personal data to the lessor concerned and to service providers engaged by Familieboten.nl, including the payment service provider.
3. More information about the processing of personal data, including the purposes and legal bases of the processing, the parties with whom data is shared, the retention periods and the rights of data subjects, is set out in the Privacy Statement on the Familieboten.nl website.

Article 22. Complaints

1. Complaints about the performance of the hire agreement are reported, in writing or electronically, within a reasonable time after the hirer discovered the problem or could reasonably have discovered it.
2. A complaint about the vessel or the actual performance of the hire is in any case reported to the lessor. Familieboten.nl may be involved in the communication.
3. A complaint about the services of Familieboten.nl is reported directly to Familieboten.nl.
4. The complaint is described sufficiently and, where possible, accompanied by relevant information.
5. The parties first try to resolve the complaint by mutual consultation.

Article 23. Applicable law and disputes

1. Dutch law applies to the hire agreement and the services of Familieboten.nl, unless mandatory rules provide that other law applies.
2. The parties first try to resolve a dispute by mutual consultation.
3. If no amicable solution is reached, the dispute may be submitted to the court with jurisdiction under the law.
4. If the hirer is a consumer, this article does not affect the consumer's mandatory rights regarding the competent court.

Article 24. Deviating arrangements and final provisions

1. Additional or deviating arrangements may be made for a specific booking.
2. Deviating arrangements are recorded in writing or electronically.
3. A specific written or electronic arrangement takes precedence over these General Terms and Conditions to the extent that the two cannot be reconciled and the deviation is permitted by law.
4. If a provision of these terms proves to be wholly or partly invalid or unenforceable, the other provisions remain in force.
5. Where possible, the parties will replace an invalid provision with a valid provision that comes as close as possible to the purpose and intent of the original provision.