General terms and Conditions

GENERAL TERMS AND CONDITIONS KINboat

KvK : 62021931 BTW : NL854600589B01

Article 1. Definitions

In these General Terms and Conditions the following terms are taken to mean:
1.1 KINboat: The letter, Greenboats B.V., acting und the name KINboat.
1.2 Lessee: Every natural person or legal person who has received an offer from
KINboat or who has entered into an agreement with KINboat
1.3 Parties: KINboat and the Lessee together.
1.4 Passengers: Lessee and the passengers who ride together with, or on behalf of the
Lessee.
1.5 Services: The renting out of a Manned Vessel and/or Unmanned Vessel by
KINboat.
1.6 Vessel: The vessel with which KINboat offers its services to the Lessee.
1.7 Unmanned Vessel: A Vessel without a skipper that was supplied by KINboat. This
skipper controls the Vessel during the rental period.
1.8 Manned Vessel: A Vessel with a skipper that was supplied by KINboat. This
skipper controls 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, tender and agreement
of KINboat to and with the Lessee.
2.2 Anyone using the Services offered by KINboat, is considered to be aware of these
General Terms and Conditions. The Lessee ensures that every Passenger is aware of
these General Terms and Conditions, prior to entering the Vessel.
2.3 Deviations from these General Terms and Conditions are only allowed if KINboat
has explicitly permitted them in writing, prior to these deviations.
2.4 Any applicability of General Terms and Conditions employed by the Lessee is
impossible, unless these General Terms and Conditions have been explicitly accepted
by KINboat in writing beforehand.
2.5 Should one or more of the conditions in these General Terms and Conditions be
nullified or countermanded, the remaining stipulations in the General Terms and
Conditions remain fully applicable. The Parties will then enter into discussions to
agree upon a replacement for the nullified or countermanded condition, which will,
as far as possible, take account of the purpose or intention of the original condition.
2.6 KINboat is entitled to amend the conditions laid down in these General Terms
and Conditions should circumstances so demand. The Lessee accepts, now and
henceforth, that these General Terms and Conditions that are amended on the basis
of this Article, are binding, with respect to the agreements that have been established
between the, after the Lessee has been properly informed of such changes to the
General Terms and Conditions by KINboat.
2.7 Possible amendments and/or additional engagements to the agreement and/or
these General Terms and Conditions are only binding, if they have been expressly
confirmed by KINboat in writing.

Article 3. Rules of Conduct

When engaging in an agreement between Parties, the Lessee will abide, and the
Lessee will guarantee that the Passengers abide the following rules of conduct (which
are also provided by KINboat before or at the start of the letting of the Vessel):
(i) The entire use of the Vessel is completely at one’s own risk and account;
(ii) When using a Vessel, the use of this Vessel is restricted to the waterways network
of Amsterdam only, consisting of the canals and the Amstel river, as also indicated on
the map, which is supplied by KINboat, prior to the use of the Vessel (the “Area”).
Using the Vessel outside of this Area is not allowed.
(iii) The Lessee will strictly respect all laws and legislation with regard to the
operation of the Vessel in the Area, under which is understood the compliance to
speed limits, sailing location and other orders and prohibitions;
(iv) The Lessee declares and guarantees that the maximum amount of passengers on
the Vessel at no point exceeds the maximum capacity of that Vessel during the
letting;
(v) The Lessee declares that none of the Passengers is below the age of eighteen or
that the Passengers who are below the age of eighteen (18) will not consume alcohol
and/or drugs on board of the Vessel;
(vi) When using an Unmanned Vessel, it is not allowed to steer the Vessel when
under the influence of alcohol and/or drugs;
(vii) It is only allowed to sit down when riding the Vessel, other positions are not
allowed;
(viii) When using a Vessel, it is not allowed to leave this Vessel unattended;
(ix) It is not allowed to throw waste overboard. Passengers will deliver the Vessel
empty and clean after the expiration of the rental period;
(x) The use of fireworks is not allowed on board of the Vessel or on the jetty of
KINboat;
(xi) The use of materials, which could damage the interior of the Vessel, is not
allowed;
(xii) The wearing of shoes with high heels is not allowed;
(xiii) All children below the age of eight (8) and all children who do not possess
swimming qualifications are required to wear a life vest on board of the Vessel and on
the quay;
(xiv) The Lessee and Passengers should at all times be aware of other boats on the
water and of those, living in the Area. Excessive noise or any other form of nuisance is
not allowed;
(xv) Animals in/on the goods, which are used by KINboat, including jetties and
Vessels, are not allowed;
(xvi) Bringing and consuming one’s own food and drinks is not allowed, unless it has
been permitted by KINboat;
(xvii) The Lessee is not allowed to hire out or sublet the Vessel;
(xviii) The Lessee and the Passengers are at all times bound to all instructions, given
by KINboat and its employees (including, but not only limited to the skipper) and are
obliged to follow these instructions accurately and without delay.

Article 4. Tender offers and realisation of agreement

4.1 All offers made by KINboat are valid for a period of 30 days, unless stated
otherwise. KINboat is only bound to offers and tenders if the acceptance of these is
given in writing by the Lessee and within the aforementioned period of 30 days.
4.2 If KINboat has made offers for multiple Vessels – by way of derogation from the
stipulation in article 4.1 – the offer is valid for a period of 10 days, unless otherwise
stated. KINboat is only bound to offers and tenders if the acceptance of these is given
in writing by the Lessee and within the aforementioned period of 10 days.
4.3 KINboat shall not be held to its offer if the Lessee can or should be able to
reasonably understand that the offer, or any part thereof, contains an obvious
mistake or error.
4.4 The Lessee (or in case of an entity or a legal representative or the entity) will
provide KINboat with a valid identity document no later than at the beginning of the
rental period.

Article 5. Execution of the agreement

5.1 KINboat seeks to perform the agreed Services to be provided by it to the best of its
knowledge and ability
5.2 KINboat reserves the right to let third parties carry out certain (parts of the)
Services.
5.3 Prior to using a Vessel, each Passenger will sign a statement wherein each of the
Passengers declares to enter the Vessel at one’s own risk and to indemnify KINboat.
The Lessee ensures that every Passenger signs such a statement and does this
truthfully. The Lessee also ensures that at no time during the rental period, a
Passenger who has not filled out such a statement will be admitted on to the Vessel.
5.4 KINboat at all times has the right to use another Vessel than displayed on photos
and/or agreements, on condition that such a Vessel is also suitable for the amount of
persons of the group for which the Lessee has made a timely reservation. In this case,
the Lessee has no right to any claim to any form of compensation.
5.5 Should the Lessee not be present on the agreed time and at the agreed location,
the sailing time will be shortened. Should the Lessee still not be present 30 minutes
after the agreed time, KINboat has the right to annul the agreement. In this case, the
Lessee owes a compensation, which amounts to the agreed rental price.
5.6 It is the Lessee’s responsibility to provide KINboat with correct and complete
information that is necessary, or of which the Lessen should reasonably be able to
understand that this information is necessary for the execution of the agreement.
Possible damage and/or delay, caused by an inability or a delay of the Lessee to
provide KINboat with the necessary information shall be borne by the Lessee.
5.7 The Lessee is not allowed to use, edit or remove any intellectual property of
KINboat, including but not limited to the rights of intellectual property with regards
to the website of KINboat, the name and the logo of KINboat.
5.8 The Lessee is not allowed to use any confidential information with regard to (the
organization of) KINboat, its Vessels and/or otherwise confidential information in
any way.

Article 6. Price and payment terms

6.1 All quotations of KINboat and all amounts that KINboat charges to the Lessee are
including VAT and in euros, unless explicitly stated differently or agreed upon by the
Parties.
6.2 The payment by the Lessee to KINboat should be made according to the payment
terms that are mentioned on the invoice and/or confirmation.
6.3 After the passing of the payment period, the Lessee is legally in default. From that
moment on, KINboat has the right to charge the statutory interest rate that is valid at
that moment since the passing of the payment date. Furthermore, KINboat has the
right to suspend the execution of the agreement and the Lessee is obliged to
reimburse KINboat for all its legal and extra-legal costs.
6.4 KINboat at all times reserves the right to demand a prepayment from the Lessee.
6.5 In the case of giro payment, the day of crediting of the account of KINboat shall
count as the day of payment. In the case of cash payment, only the receipt issued by
KINboat shall count as proof and the time of payment.
6.6 In the event of liquidation, insolvency or suspension of payments of the Lessee,
the obligations of the Lessee will fall due to KINboat immediately.
6.7 Should the Lessee be an entity, the Lessee shall never be entitled to set off the
amount due.
6.8 In the event of a jointly commissioned assignment, all Lessees are severally liable
for the payment of the full amount of the invoice.

Article 7. Cancellation of the agreement

7.1 The Lessee can cancel the arrangement without further costs until four weeks
prior to the start of the rental period. The Lessee shall timely notify KINboat about
this cancellation in writing or electronically.
7.2 Should the Lessee not appear at the agreed location on the agreed time, this does
not count as a (valid) cancellation.
7.3 In the case of cancellation within the cancellation period of four weeks, the Lessee
shall owe KINboat a fixed indemnification of:
25% of the agreed rental price in case of cancellation between four and two weeks
prior to the start of the rental period; 50% of the agreed rental price in case of
cancellation between two weeks and one week prior to the start of the rental period;
100% of the agreed rental price in case of cancellation between seven days or less
prior to the start of the rental period, plus a compensation for possible costs that were
already made by KINboat.
7.4 After a definitive confirmation of the assignment, the Lessee is in all cases obliged
to pay KINboat an administrative fee of € 25,-.
7.5 During big (sailing)events KINboat can deviate from these cancellation terms in
these conditions. In this case, the changed cancellation terms will be clearly stated in
the agreement between KINboat and the Lessee.
7.6 Cancellation of catering and other services is possible without further costs until
48 hours prior to the start of the rental period. In the case of cancellation within these
48 hours, the Lessee shall owe KINboat 100% of the agreed price of these catering- or
other services.

Article 8. Annulment and suspension

8.1 Without prejudice to the rights of KINboat under the law, should the Lessee not
fulfil one of his commitments to KINboat, KINboat has the right to suspend the
(further) execution of realised agreement(s) with the Lessee, as well as to completely
or partly annul the agreement(s). In this regard, KINboat is allowed to annul an
agreement during the execution of this agreement, should Passengers not act
according to the rules of conduct stipulated in article 3.
8.2 If the Lessee fails to fulfill one or more of his obligations, fails to fulfill them on
time or fails to fulfill them correctly, if he applies for suspension of payments, is
declared bankrupt, part or all of his assets are seized and/or if the Lessee loses the
power to dispose of his capital in whole or in part, KINboat has the right to suspend
execution of the contract or to dissolve it by means of a written statement, all of the
foregoing at its discretion and without prejudice to any rights that may accrue to
KINboat as regards payment of damages, costs or interest.
8.3 The Lessee can only dissolve a contract if KINboat remains imputably in default
as regards fulfillment of its obligations based on the contract, after it has received
proper written notice of default granting it a reasonable period of time still to meet its
obligations, in such a manner that the Lessee cannot reasonably be expected to allow
the contract to remain in effect.

Article 9. Force majeure

9.1 KINboat is not obliged to fulfil any obligation if it is prevented from doing so as a
consequence of a circumstance not attributable to its fault or for which it is not
responsible, in the context of legislation, legal action or such generally accepted
situations.
9.2 The situations that are meant in article 9.1 in any case include: storm damage,
natural disasters, obstruction by third parties, inhibitive measures imposed by any
official body, war, ice conditions, flood events, early nightfall, technical calamities,
riots, transport restrictions, pandemics, strikes, fire, malfunctions or accidents in the
business operations of third parties, or any failures on the part of or force majeure
affecting suppliers or third parties whose services KINboat during the execution of
the agreement.
9.3 In addition to the stipulations in article 9.2, the situations in article 9.1 also
include:
(i) Thick fog with a visibility of less than 200 meters;
(ii) Persistent thunderstorms; and
(iii) Wind force 5 or higher in case of the renting of an Unmanned Vessel or wind
force 6 or higher in case of the renting of a Manned Vessel.
9.4 KINboat is also entitled to appeal to force majeure if the circumstance that
prevents (further) observance occurs after KINboat had to comply with the
commitments by virtue of the agreement.
9.5 In the event of force majeure the Lessee cannot make any claim to fulfilment or
compensation by KINboat.

Article 10. Catering

10.1 Should the Lessee wish to rent a Vessel including catering, this catering will be
exclusively provided by third parties employed by KINboat.
10.2 The costs of catering will – on request by the Lessee – be included in the offer.
10.3 KINboat buys catering with third parties. KINboat is never liable for
damage/injuries following from or related to catering executed by third parties.

Article 11. Liability of the Lessee

11.1 The Lessee is liable for damage and/or loss of the Vessel during the time that the
Vessel is under his care.
11.2 The Lessee is liable for damage to goods of KINboat or goods of third parties,
should this damage be due to and/or related to not following, unlawful deed, reckless
acting, not acting according to the established rules of conduct in article 3 and/or
negligence of Passengers.
11.3 The Lessee must report any occurred damage, regardless of the cause, during or
immediately after the occurrence of this damage to the skipper on duty, the concierge
at the departure location, or KINboat. The skipper will produce a statement of the
reported damage by the Lessee, regarding the time of the occurrence of the damage,
the nature and the cause of this damage. The Lessee, prior to leaving the boat, shall
sign this statement. The production of this statement of damage purely serves as a
report of the (severity of the) damage.
11.4 In the case of a Manned Vessel, the skipper is at all times, and at his own
discretion, entitled to refuse baggage from Passengers.
11.5 Lessee states and guarantees that every Passenger is aware of the fact that the
Vessel will be entered at one’s own risk, is familiar with the risks that are involved
with entering and riding a Vessel and indemnifies KINboat for all claims by third
parties that are related to damage suffered onboard the Vessel, with the exception of
damage that was suffered because of action or negligence by KINboat and/or a
skipper on a Manned Vessel.

Article 12. Liability of KINboat

12.1 KINboat is never liable for damage resulting from or related to injuries or death
of Passengers and/or damage to and/or loss of personal belongings of the Passengers,
before, during or after renting a Vessel from KINboat, unless this damage is due to
gross intent or culpability by KINboat or one of its employees.
12.2 KINboat is never liable for damage of Passengers, resulting from any form of
delay, which occurred prior to, during or after the sailing trip, unless this damage is
due to gross intent or culpability by KINboat or one of its employees.
12.3 If, and in as far, KINboat is liable for any kind of damage, this liability shall
never amount to more than the sum covered by its insurance.
12.4 In as far as KINboat is liable for any kind of damage that is not covered by its
insurance, KINboat shall never be liable for an amount that is higher than the sum
invoiced and chargeable to the other party on the basis of the contract in question
with KINboat, excluding VAT.
12.5 The Lessee’s legal claim to compensation of damage lapses and is therefore not
admissible if it is initiated more than one year after implementation of the contract in
question.

Article 13. Applicable law and competent judge

13.1 Dutch law exclusively applies to all agreements and to these General Terms and
Conditions.
13.2 All disputes that may arise concerning the clarification or implementation of the
agreement and/or these terms and conditions or contracts will be exclusively
submitted to the competent judge in Amsterdam.
13.3 If the Lessee is a natural person, living in the Netherlands, disputes that may
arise concerning the clarification or implementation of the agreement and/or these
General Terms and Conditions or contracts will be – in contrast to the agreed in
article 13.2 – be exclusively submitted to the District Court in the place of residency of
the Lessee.