KvK : 62021931 VAT : NL854600589B01
Article 1. Definitions
In these general terms and conditions, the following terms shall have the following meanings:
1.1 KINboat: The lessor, Greenboats B.V., trading under the name KINboat.
1.2 Lessee: Any natural or legal person to whom KINboat has made an offer or with whom a KINboat agreement has been entered into.
1.3 Parties: KINboat and the Lessee jointly.
1.4 Passengers: Lessee and the passengers who sail with or on behalf of the Lessee.
1.5 Services: the rental of a Crewed Vessel and/or Uncrewed Vessel by KINboat.
1.6 Vessel: the vessel with which KINboat offers its services to the Lessee.
1.7 Uncrewed Vessel: a Vessel without a skipper provided by KINboat who is responsible for steering the Vessel during the rental period.
1.8 Crewed Vessel: a Vessel with a skipper provided by KINboat who is responsible for steering the Vessel during the rental period.
Article 2. Applicability of General Terms and Conditions
2.1 These General Terms and Conditions apply to every offer, quotation, and agreement from KINboat to or with the Lessee.
2.2 Anyone who uses KINboat’s Services and/or boards a KINboat Vessel is deemed to have taken note of these General Terms and Conditions. The Lessee guarantees that each of the Passengers has taken note of these General Terms and Conditions before boarding a Vessel.
2.3 Deviations from these General Terms and Conditions are only possible if KINboat gives prior written and explicit consent.
2.4 The applicability of the Lessee’s general terms and conditions is expressly excluded, unless they have been accepted in writing and explicitly by KINboat in advance.
2.5 If one or more provisions of these General Terms and Conditions are null and void or voidable, the other provisions of these General Terms and Conditions shall remain fully applicable. The Parties will then consult with each other to agree on new provisions to replace the null and void or voidable provisions, taking into account as much as possible the purpose and intent of the original provision.
2.6 KINboat reserves the right to amend the provisions laid down in these General Terms and Conditions as circumstances reasonably require. The Lessee now accepts that the General Terms and Conditions, which will be amended under this provision, will be binding on the Lessee concerning the agreements concluded between the Parties, after the Lessee has been duly informed of this change by KINboat.
2.7 Any changes and/or additional agreements to the agreement and/or these General Terms and Conditions are only binding if they have been confirmed in writing and explicitly by KINboat.
Article 3. Code of Conduct
When entering into an agreement between the Parties, the Lessee will adhere to and guarantees that the Passengers will adhere to the following code of conduct (also provided by KINboat before or at the start of the rental of the Vessel):
(i) All use of the Vessel is entirely at the user’s own risk and expense;
(ii) When using a Vessel, it is only permitted within the Amsterdam inland waters, consisting of the canals and the Amstel, as indicated on the map provided by KINboat before using the Vessel (the “Area”). Sailing outside the Area is not permitted.
(iii) Lessee will strictly comply with all laws and regulations concerning sailing in the Area, including adhering to speed limits, sailing direction, and other commands and prohibitions;
(iv) Lessee declares and guarantees that the maximum number of passengers on the Vessel will not be exceeded at any time during the rental period;
(v) The Lessee declares that none of the Passengers are under eighteen years of age or that the Passengers who are under eighteen (18) years will not consume alcohol and/or drugs on board the Vessel;
(vi) When using an Uncrewed Vessel, it is not permitted to steer the Vessel under the influence of alcohol and/or drugs;
(vii) It is only permitted to sit in the Vessel while sailing, other postures are not allowed;
(viii) When using a Vessel, it is not permitted to leave the Vessel unattended;
(ix) It is not permitted to throw waste overboard. Passengers will leave the Vessel empty and clean after the rental period;
(x) The use of fireworks is not permitted on board the Vessel or on the KINboat jetty;
(xi) The use of materials that can damage the interior of a Vessel is not permitted;
(xii) Wearing shoes with heels is not permitted;
(xiii) All children under eight (8) years and all children who do not have a swimming certificate are required to wear a life jacket on board the Vessel and on the quay; This responsibility lies with the lessee.
(xiv) The Lessee and the Passengers must always consider other sailors and residents of the Area. Causing any form of (noise) disturbance is not permitted;
(xv) (Pets) are not allowed in/on the KINboat used items, including jetties and Vessels;
(xvi) Bringing and consuming own food and drinks is not permitted, unless with prior permission from KINboat;
(xvii) The Lessee is not permitted to (sub) rent the Vessel;
(xviii) The Lessee and the Passengers are always obliged to follow all instructions from KINboat and its employees (including, but not limited to, the skipper) promptly and without delay.
Article 4. Quotation and Conclusion of Agreement
4.1 All quotations and offers made by KINboat are valid for a period of 7 days unless otherwise indicated. KINboat is only bound by offers and quotations if their acceptance is confirmed in writing and (partially) paid within the aforementioned period. On request, the lessor provides this.
4.2 If KINboat has made quotations or offers to the Lessee for multiple Vessels, a period of 10 days applies, unless otherwise indicated – contrary to the provisions of Article 4.1. KINboat is only bound by offers and quotations if their acceptance is confirmed in writing by the Lessee within the aforementioned period.
4.3 KINboat cannot be held to its quotation or offer if the Lessee can or should reasonably understand that the quotation or offer, or a part thereof, contains an obvious mistake or error.
4.4 The Lessee (or in the case of a legal entity, a legal representative of the legal entity) shall provide KINboat with a copy of a valid identity document no later than the start of the rental.
Article 5. Execution of the Agreement
5.1 KINboat will carry out the agreed Services to the best of its knowledge and ability.
5.2 KINboat reserves the right to have certain (parts of the) Services performed by third parties.
5.3 Before using a Vessel, each of the Passengers will sign a statement declaring that they board the Vessel at their own risk and indemnify KINboat. The Lessee guarantees that each of the Passengers signs and truthfully completes such a statement and also guarantees that at no time during the rental period a Passenger will be admitted to the Vessel who has not completed such a form.
5.4 KINboat reserves the right to deploy a different Vessel than shown in photos and/or agreed upon, provided that such a Vessel is also suitable for the number of people in the group for which a reservation was made by the Lessee in a timely manner. The Lessee is not entitled to any compensation in this case.
5.5 If the Lessee is not present at the agreed time at the agreed place, the sailing time will be shortened. If the Lessee is not present within 15 minutes after the agreed time, KINboat has the right to terminate the agreement. In this case, the Lessee owes compensation equal to the agreed rental amount.
5.6 It is the Lessee’s responsibility to provide KINboat with correct and complete information necessary or which the Lessee should reasonably understand is necessary for the execution of the agreement. Any damage and/or delay caused because the Lessee has not provided the necessary information to KINboat or has not provided it in time will be at the expense of the Lessee.
5.7 The Lessee is not allowed to use, edit or remove any intellectual property rights of KINboat, including but not limited to the intellectual property rights regarding KINboat’s website, the name, and the logo of KINboat.
5.8 The Lessee is not allowed to use any confidential information regarding (the organization of) KINboat, its Vessels, and/or otherwise confidential information in any way.
Article 6. Price and Payment Terms
6.1 All price quotations from KINboat and all amounts charged by KINboat to the Lessee include VAT and are in euros, unless expressly stated otherwise or agreed by the Parties.
6.2 Payment by the Lessee to KINboat must be made in accordance with the payment terms stated on the invoice and/or confirmation.
6.3 The Lessee is in default by operation of law if the payment term has expired. From that moment on, KINboat is entitled to charge the statutory (commercial) interest that applies at that time from the expiry of the payment date. Furthermore, KINboat is then entitled to suspend the execution of the agreement and the Lessee is obliged to reimburse all of KINboat’s costs, both judicial and extrajudicial.
6.4 KINboat reserves the right to request advance payment from the Lessee at any time.
6.5 For giro payments, the date of payment is the day of crediting the giro account of KINboat; for cash payments, only the receipt issued by KINboat serves as proof and the time of payment.
6.6 In the event of liquidation, bankruptcy, attachment, or suspension of payment of the Lessee, KINboat’s claims against the Lessee are immediately due and payable.
6.7 In the event that the Lessee is a legal entity, the Lessee is never entitled to set off any amount owed by him to KINboat.
6.8 In the case of a jointly given order, all Lessees are jointly and severally liable for the payment of the full invoice amount.
Article 7. Cancellation of the Agreement
7.1 The Lessee cannot cancel the agreement free of charge. KINboat charges a cancellation fee of 100%
7.2 If the Lessee does not appear at the agreed place at the agreed time, this does not constitute a (valid) cancellation.
7.4 After the final order confirmation, the Lessee will be obliged to pay at least € 25 administration costs to KINboat in the event of cancellation.
7.5 During major (sailing) events, KINboat may deviate from the cancellation conditions in these provisions. In that case, the adjusted cancellation conditions are clearly stated in the agreement between KINboat and the Lessee.
Article 8. Termination and Suspension
8.1 Without prejudice to KINboat’s rights under the law, if the Lessee fails to fulfill any of his obligations to KINboat, KINboat has the right to suspend the (further) execution of the agreement(s) concluded with the Lessee or to terminate the agreement(s) in whole or in part. KINboat is free to terminate an agreement during its execution in case of non-compliance by the Passengers with their obligations under the code of conduct referred to in Article 3.
8.2 If the Lessee fails to fulfill one or more of his obligations, fails to do so in a timely manner, or fails to do so properly, applies for a suspension of payments, is declared bankrupt, his assets are seized in whole or in part, and/or the Lessee loses control of his assets in whole or in part, KINboat has the right to suspend the execution of the agreement or to terminate it in writing, all at its discretion and without prejudice to any right to compensation for damage, costs, and interest to which it is entitled.
8.3 The Lessee can only terminate an agreement if KINboat, after proper written notice of default by registered mail, in which a reasonable period is given to fulfill its obligations, remains in default in fulfilling its obligations under the agreement and to such an extent that it can no longer be reasonably expected of the Lessee to maintain the agreement.
Article 9. Force Majeure
9.1 KINboat is not obliged to fulfill any obligation if it is prevented from doing so due to a circumstance that is not attributable to its fault, nor is it accountable for by law, legal act, or generally accepted standards.
9.2 Situations referred to in Article 9.1 include: storm damage, natural disasters, obstructive measures by any government, war, ice drift, high water, early darkness, technical calamities, riots, transport obstructions, pandemic, strike, fire, disruptions, and accidents in the business of third parties, as well as shortcomings or force majeure of suppliers or third parties whose services KINboat uses in executing the agreement.
9.3 In addition to the provisions of Article 9.2, the situations referred to in Article 9.1 also include:
(i) Dense fog with visibility of less than 200 meters;
(ii) Persistent thunderstorms; and
(iii) Wind force 5 or higher in case of rental of an Uncrewed Vessel or wind force 6 or higher in case of rental of a Crewed Vessel.
9.4 KINboat also has the right to invoke force majeure if the circumstance preventing (further) fulfillment of the agreement occurs after KINboat should have fulfilled its commitment.
9.5 In the event of force majeure, the Lessee cannot claim any compensation, refund, or compensation from KINboat.
Article 10. Catering
10.1 If the Lessee wishes to rent a Vessel including catering, such catering will only be provided by third parties engaged by KINboat.
10.2 The costs of the catering will, at the Lessee’s request, be included by KINboat in the quotation and/or offer.
10.3 KINboat purchases catering from third parties. KINboat is never liable for damage and/or injury resulting from or related to catering provided by third parties.
Article 11. Lessee’s Liability
11.1 The Lessee is liable for damage to and/or loss of the Vessel during the time he has the Vessel in his possession.
11.2 The Lessee is liable for damage to KINboat’s property or third-party property if this results from and/or is related to non-compliance, tort, reckless behavior, behavior contrary to the code of conduct referred to in Article 3, and/or omissions of Passengers.
11.3 The Lessee is obliged to report any damage caused by any cause during or immediately after its occurrence to the on-duty skipper, the concierge at the departure point of the Vessel, or KINboat. A statement is made by the skipper regarding the time, nature, and cause of the damage reported by the Lessee. This damage statement is signed by the Lessee before leaving the boat. The preparation of this damage statement by the on-duty skipper is solely intended as documentation of the (extent of) the damage.
11.4 In the case of a Crewed Vessel, the skipper is always authorized to refuse Passengers’ luggage at his own discretion.
11.5 The Lessee declares and guarantees that each of the Passengers is aware that the Vessel is boarded at their own risk, is aware of the risks of boarding and sailing with a Vessel, and indemnifies KINboat against all claims by third parties related to damage incurred on board the Vessel, except for damage caused by acts or omissions of KINboat and/or a skipper on a Crewed Vessel.
Article 12. KINboat’s Liability
12.1 KINboat is never liable for damage caused by or related to injury or death of Passengers and/or damage to and/or loss of Passengers’ property before, during, or as a result of renting a Vessel from KINboat, except for damage caused by demonstrable intent or gross negligence of KINboat or one of its employees.
12.2 KINboat is never liable for damage to Passengers caused by delays for any reason that occurred before, during, or after the cruise, except for damage caused by demonstrable intent or gross negligence of KINboat or one of its employees.
12.3 If and to the extent that KINboat is liable for any damage, this liability is limited to the maximum amount covered by its insurance.
12.4 To the extent that KINboat is liable for any damage not covered by its insurance, KINboat will in no case be liable for an amount higher than the amount invoiced by KINboat to the Lessee under the agreement, excluding VAT.
12.5 The Lessee’s legal claim for compensation for the damage suffered expires if it is not filed within one year after the execution of the relevant agreement.
Article 13. Applicable Law and Competent Court
13.1 All agreements and these General Terms and Conditions are exclusively governed by Dutch law.
13.2 Disputes arising concerning the interpretation or execution of the agreement and/or these General Terms and Conditions will be exclusively submitted to the competent court in Amsterdam.
13.3 If the Lessee is a natural person residing in the Netherlands, disputes concerning the interpretation or execution of the agreement and/or these General Terms and Conditions will be exclusively submitted to the competent court in the district of the Lessee’s place of residence, contrary to the provisions of Article 13.2.