Terms and Conditions

1. Definitions

• a) Lessor: Boaty B.V.;
• b) Lessee: natural or legal person who, on their own behalf and/or on behalf of one or more other natural or legal persons, enters into the rental agreement with the lessor;
• c) Rental Agreement: the agreement by which the lessor undertakes to provide the lessee, in exchange for payment, a vessel without crew for use, subject to the general terms and conditions;
• d) Vessel: the entire vessel, including all built-in electronics.

2. General rules

1. The lessor rents out vessels for a full day or part thereof. The vessels must in all cases return to the rental location before sunset, unless otherwise agreed in writing beforehand.
2. A maximum of 6 (six) persons per vessel of the lessor is permitted. Children also count as a full person.
3. The minimum age to rent and/or operate a vessel from the lessor is 18 (eighteen) years.
4. It is prohibited to operate the lessor's vessels under the influence of alcohol and/or drugs.
5. The use of confetti, rice, etc. on board is not permitted. Fireworks, barbecues and other open fires are also prohibited.
6. No waste may be thrown overboard. If the vessel is left dirty by the lessee, the lessee owes a minimum amount of €25 (twenty-five euros) in cleaning costs.
7. The lessee must cause as little nuisance as possible to other water users and local residents. Live music and/or electronically amplified music on board is not permitted.
8. It is not permitted to leave the vessel unattended.
9. In case of bad weather (visibility of max. 50 (fifty) metres, persistent heavy rain, thunderstorm or storm), the lessor reserves the right to dissolve the rental agreement immediately and offer the lessee a reasonable alternative.
10. The lessor may consider the rental agreement dissolved without judicial intervention and reclaim the vessel immediately if the lessee does not comply with the general terms and conditions. The lessee is still obliged to pay the rental price.

3. Navigation rules and sailing area

1. The lessor's vessels may be used on the Amsterdam inland waters and the Amstel. Taking the vessels outside this area is not permitted. For safety reasons of the lessee and passengers, it is absolutely prohibited to sail with the lessor's vessels on the Nieuwe Herengracht, the IJ, the harbour area, the Amsterdam-Rhine Canal and the route Westerkanaal/Kostverlorenvaart/Schinkel. However, crossing this latter route is permitted.
2. The lessee must navigate as much as possible on the right side.
3. The lessee must observe traffic signs and traffic lights.
4. The lessee must always take proper account of other water users, particularly at bridges, intersections and narrow sections. This also means not taking corners too wide.
5. It is prohibited to moor under and/or at bridges, at corners of waterways and at houseboats.
6. Tour boats, cargo ships, other commercial vessels, rowing boats, sailing boats and (other) ships larger than 20 (twenty) metres have right of way at all times.
7. It is not permitted to tow other vessels with the vessel.

4. Obligations of the lessor

1. At the start of the rental period, the lessor hands over the vessel to the lessee. The lessor ensures that the vessel is in good condition and suitable for its intended use.
2. The lessor informs the lessee before the start of the rental period of any relevant existing damage to the vessel and records this in writing.
3. The costs of normal maintenance of the vessel are borne by the lessor. The lessor will under no circumstances reimburse repairs carried out by the lessee or by third parties on behalf of the lessee.

5. Obligations of the lessee

1. The lessee must at all times follow the instructions of the lessor and/or their staff.
2. The lessee is deemed to possess sufficient skills for careful and safe handling of the vessel.
3. The lessee shall use the vessel as a responsible person or good skipper, in accordance with its purpose and the general terms and conditions, and shall not make any modifications to the vessel.
4. The lessee shall not transfer the use of the vessel to third parties without the written consent of the lessor, neither in whole nor in part.
5. It is the responsibility of the lessee to inform the lessor if the lessee and/or passengers selected by them cannot swim. Passengers who cannot swim must wear a life jacket provided by the lessor throughout the entire rental period.
6. Inventory (such as maps, life jackets, paddles, cushions, etc.) received by the lessee from the lessor must be returned in the same condition after the rental period. In case of loss or damage, the lessor will charge the lessee an appropriate amount.
7. The lessee must check before departure whether the inventory included in the rental agreement is present, complete and in good condition. If not, the lessee must inform the lessor before departure.
8. The lessee must inspect the vessel before departure for any damage not recorded by the lessor. If the lessee finds damage not documented by the lessor, they must inform the lessor before departure.
9. At the end of the rental period, the lessee shall return the vessel to the lessor in the same condition and at the same location where it was received. Only if agreed in writing beforehand may the lessee return the vessel at a different location.
10. If the lessee cannot meet the agreed return time for any reason, they must inform the lessor by telephone as soon as possible. If the vessel is delivered more than 15 (fifteen) minutes after the agreed time at the agreed location, the lessor may charge €15 (fifteen euros) per additional 15 (fifteen) minutes, and the lessor is entitled to compensation for any additional (consequential) damages, unless the late return cannot be attributed to the lessee.
11. In case of emergencies, the lessee must contact the lessor as soon as possible.

6. Liability for damages

1. The lessor ensures that the vessel is insured for the benefit of the lessee for statutory liability and hull damage for navigation in the area agreed between lessor and lessee in paragraph 3.1.
2. The lessee is unlimitedly liable in all cases for (consequential) damages caused by them if the vessel is used outside the permitted sailing area.
3. Per vessel, the lessee has a non-redeemable excess of €250 (two hundred and fifty euros) per incident for liability and hull damage.
4. In case of loss and/or theft, the lessee is unlimitedly liable in all cases.
5. In case of serious lack of knowledge, negligence, recklessness and/or failure to follow the instructions of the lessor and/or their staff, no insurance claim will be made, and the lessee is unlimitedly liable.
6. The lessee is also in default if it appears they do not fulfil obligations under the general terms and conditions. In case of non-compliance and/or complaints about resulting nuisance, the lessee is unlimitedly liable for (consequential) damages (including possible lost income), costs the lessor must incur and (consequences of) possible claims from third parties against the lessor.
7. The lessee is liable for damage to the vessel as well as damage caused by them and/or passengers to third parties, insofar as not covered by insurance, occurring during the time the vessel was in their possession.
8. The lessor cannot be held liable for personal injury or damage of any kind, regardless of cause, before, during or as a consequence of renting a vessel from the lessor. Damage also includes consequential damage. The exception is the legal obligation for compensation due to demonstrable intent or gross negligence by the lessor. The legal compensation is limited to a maximum of the rental amount of the vessel.
9. The lessor expressly points out the danger of limbs being trapped between the vessel and other objects, the risk of hitting one's head on the canopy, and the fact that the aluminium of which the vessel is made can become very hot in summer. The lessor cannot be held liable for this.
10. The lessor expressly points out that it is important to distribute the weight of persons and goods evenly on the vessel at all times. Uneven weight distribution and/or intentional rocking of the vessel can cause it to capsize. The lessor cannot be held liable for this.
11. Children are under the responsibility of the parents.
12. The lessor is not liable for theft and/or damage to belongings that the lessee brings on the vessel.
13. The lessee must report any damage of any kind, as well as facts and/or circumstances that could reasonably lead to damage, to the lessor as soon as possible. Damage that is not reported (both to the vessel and to third parties) will be fully charged to the lessee and is not covered by insurance.
14. If the vessel is not returned by the lessee in the same condition as received, the lessor is entitled to restore the vessel to its original condition at the lessee's expense. The latter does not apply when such costs are covered by insurance. In that case, the lessee only owes the excess of €250 (two hundred and fifty euros).

7. Reservations

1. Reservations for one or more vessels can be made via the Internet, by telephone or on site. Reservations are only valid after written confirmation by the lessor (by email or SMS).
2. Payment is made, unless otherwise agreed in writing, at the time of booking, by means of iDEAL (internet banking), PayPal, credit card or PIN.
3. In case of cancellation of a confirmed reservation by the lessee, no refund is possible. However, the lessee has the right, in case of poor weather forecasts (persistent rain, thunderstorm or storm during the rental period), to change the reservation free of charge up to 24 (twenty-four) hours before the start of the agreed rental period by calling or emailing the lessor. Postponement of the rental period is possible up to a maximum of 1 (one) year.
4. In case of cancellation of a confirmed reservation less than 24 (twenty-four) hours in advance or no-show without notice, the lessee owes the full rental amount and has no right to any alternative.
5. If the lessee arrives more than 1 (one) hour after the agreed start time without prior telephone notice, they owe the full rental amount and the lessor has the right to rent the vessel to someone else. The lessee then has no right to any alternative.
6. In case of modification of the reservation by the lessee, they may request the lessor for substitution by a third party.
7. If a reserved vessel is not available 1 (one) hour after the start of the reserved rental period at the agreed location and lessee and lessor do not agree on a reasonable alternative, the lessee is entitled to compensation of a maximum of 25% (twenty-five percent) of the agreed rental sum, unless the lessor informed the lessee at least 2 (two) hours before the agreed time about the unavailability of the reserved vessel.
8. If the lessor dissolves the rental agreement due to bad weather (visibility of max. 50 (fifty) metres, persistent rain, thunderstorm or storm), the lessee is entitled to a refund of the paid rental sum, but not to the aforementioned compensation of maximum 25% (twenty-five percent). The lessee has no right to any additional (damage) compensation in any case.

8. On-site rental without reservation

1. Even without a reservation, it is in some cases possible to rent a vessel. Payment is then made on site before the start of the rental agreement, by means of credit card or PIN.

9. Deposit

1. Before the rental agreement can take effect, the lessee must present a valid credit card in combination with a valid ID on site. Both must belong to the lessee. The credit card is used as a deposit. The lessor does not accept cash, ID or other items as deposit. All of this applies unless otherwise agreed in writing beforehand.

10. Complaints and disputes

1. In case of complaints, the lessee must inform the lessor in writing within 1 (one) week, with a proper explanation and substantiation of the complaint.
2. Dutch law applies to the rental agreement and the general terms and conditions.
3. If any provision of the general terms and conditions is void, is annulled or is otherwise declared inapplicable, the remaining provisions of the general terms and conditions shall remain fully in force. The lessor and lessee shall agree on a replacement provision, taking into account as much as possible the purpose and scope of the void, annulled or inapplicable provision.
4. Only the competent court in Amsterdam has jurisdiction to hear disputes.