Terms of Service
TreibGuT Netherlands raft rental
1. Contract and contractual partner
The contract is concluded through the written confirmation of the offer in the form of a booking email. The rental agreement for a raft is concluded between the raft rental company TreibGuT Netherlands, hereinafter referred to as the lessor, and the renter. It consists of the above-mentioned booking email and the rental declaration signed on site by the renter and an employee / operator of raft rental TreibGuT Netherlands.
The contract excludes the transfer or rental of the raft to third parties as well as the transport of dangerous goods or substances.
2. Obligations of the landlord
The booked raft will be handed over to the renter clean, roadworthy and with a full tank. The charter price includes the use of the raft, its equipment and the existing liability insurance.
The raft is handed over on the first day of the rental at the agreed time (see rental agreement) at the agreed base. The time at which the renter takes over the raft can be postponed due to repairs or other work, a time difference of up to 4 hours is agreed. The return of the raft takes place on the last day of the rental at the agreed time (see rental contract). The landlord is not liable for items forgotten on board or for damage to valuables (such as notebooks, cameras, cell phones, clothing, etc.) caused by water, petrol or the like.
3. Obligations of the tenant
The renter undertakes to treat the raft and equipment with care, trips in poor visibility and night trips are not permitted, staying on the roof of the raft during the trip is not permitted. With popular wind strengths from 5 Bft. Do not leave the protective harbor or an equivalent anchorage.
The tenant undertakes
• to be at the station on the first day of rental at the agreed time, or otherwise the
Inform the operator / employees on site of any delays by telephone.
• the raft on the last day of rental by the agreed time (see rental agreement) on
Starting point in perfect, cleaned and cleared condition for return
to be ready
• Report complaints about the raft immediately to the base and in the handover or
Note the return protocol. Complaints displayed later will be excluded
• The operating materials such as petrol will be billed according to consumption when the raft is returned.
• The condition of the raft and the completeness of equipment and inventory are to be checked on handover and return
check and confirm with signature. The renter must point out any damage to the raft or inventory at the latest when the raft is handed over. In the event of concealment, he can also be held liable for it retrospectively.
In the event of damage, collisions and averages or other extraordinary incidents (theft, etc.), the landlord must be notified immediately by telephone. In the event of damage to the raft or to persons, a written record must be made and a counter-confirmation from the harbor master, doctor or the police must be provided.
In the event of an accident or similar cases, the raft is to be towed away on its own line or to be towed away. There is no agreement on towing or recovery costs. Alternatively, anchor near the shore to await the arrival of the operator / employee of raft rental TreibGuT Netherlands for repairs on board. If necessary, return to the base immediately to enable repairs.
Repairs generally require the approval of the landlord. Exchanged parts must be kept in any case. Expenses for repairs which were necessary as a result of material wear and tear will be reimbursed by the landlord upon presentation of the receipted invoice.
4. Lessor's Liability
The landlord is only liable to the tenant and his crew for damage caused by intent and gross negligence on the part of the landlord.
The lessor is not liable for any damage resulting from inaccuracies, changes or errors in the nautical material made available, such as B. nautical charts and manuals. Claims by the renter as a result of the non-usability of the raft due to damage or total failure caused by the renter or a third party during the rental period are excluded.
5. Liability of the lessee
For acts and omissions of the tenant, for which the landlord is held liable by third parties, the tenant keeps the landlord free from all consequences under private and criminal law, including all costs of legal prosecution. The renter takes over the raft at his own risk.
If the renter leaves the raft at a different location than the one agreed, for whatever reason, the renter bears all costs for returning the raft to water or land. If the return of the raft exceeds the rental period, the raft is only deemed to have been returned by the renter when it arrives at the agreed return base.
Delayed raft return and non-usability of the raft due to the tenant's fault lead to claims for damages on the part of the landlord. If the raft is returned late, 25 euros will be billed every hour on the hour.
If the raft is not returned in a cleaned condition (see handover list), a flat-rate cleaning fee of 30 euros is due.
It is pointed out that the conclusion of a liability insurance by the landlord does not lead to an exemption from liability of the tenant for those damages that are not covered by the insurance or for which the insurance has expressly reserved the right of recourse against the tenant. This applies in particular to damage as a result of gross negligence, willful misconduct or non-compliance with the contractual conditions as well as any consequential damage. The tenant's liability is not limited to the amount of the deposit, but corresponds to the amount of the damage.
The deposit to be paid is 300 euros per raft.
6. Payment, withdrawal, no-show by the tenant
The rental price is paid when booking and is due within 14 days.
If payment is not made, the rental contract loses its validity after the 2nd reminder (by email).
If the tenant cannot start the rental, he shall notify this immediately in writing. If you withdraw up to 3 weeks before the start of the rental period, 50% of the total price is due. If the cancellation occurs 1 week before the start of the trip, 100% of the total price is due. If the raft can be rented to someone else for the same period, the raft rental company TreibGuT reserves the right to charge a processing fee of 45 euros.
7. Withdrawal by the charterer or reduction of the charter price in the event of late handover or defects
Bad weather does not entitle you to withdraw from the rental agreement. The rental also takes place when it rains. In heavy rain, the water level of the Meuse and the surrounding lakes increases. If the water level is too high, it is no longer possible to drive on the Maas for safety reasons.
Cancellation of the contract is only possible with a refund of the payment made from wind force 5bft.
If the raft or at least an equivalent replacement raft is not made available by the lessor on time by the date agreed in the contract, the lessee can withdraw from this contract with full reimbursement of all payments made.
Any claims for compensation by the tenant beyond the rental price are excluded. If the renter does not withdraw from the contract, he reserves the right to reimbursement of the pro rata rental price for the time by which the raft was later handed over.
Damage to the raft and equipment that does not affect the ability of the raft to drive and that allow the raft to continue to be used within reasonable limits does not entitle to withdraw. A reduction is also excluded in this case.
8. Subsidiary agreements / severability clause
An extension of the rental period is only possible with the consent of the landlord. In the event of obvious errors in the calculation of the listed rental price and the extras, the landlord and the tenant have the right and the duty to correct the rental price in accordance with the valid price list without affecting the legal validity of this contract.
Oral promises and side agreements are only effective after written confirmation by the landlord. This also applies for the waiver of the written form requirement. Information is given to the best of our knowledge, but without guarantee.
The ineffectiveness of individual regulations does not affect the validity of the rest of the contract. The parties agree to replace ineffective regulations with effective regulations that come as close as possible.
9. Place of jurisdiction, applicable law
Application under Dutch law.
Raft rental TreibGuT Netherlands Terms and Conditions, as of 12.2018