These are the HISWA Association’s (Dutch Association of Entrepreneurs in the Water Sports Industry) General Terms and Conditions for Hire and Rental of Vessels. These conditions were drawn up in consultation with the Consumers’ Association and the ANWB within the framework of the Self-Regulation Coordination Group of the Social and Economic Council. The terms and conditions apply exclusively to members of HISWA Association. If misused, HISWA Association will take action against it. The terms and conditions were filed with the Registry of the District Court of Amsterdam on June 21, 2018 under number 66/2018.

ARTICLE 1 – DEFINITIONS
In these terms and conditions, the following definitions apply:
a. Entrepreneur: a natural or legal person who enters into a contract with a consumer for the provision of a vessel in exchange for the payment of a rental fee. This entrepreneur is a member of HISWA Association.
b. Consumer: a natural person who enters into a contract with an entrepreneur for the use of a vessel on payment of a rental fee. This consumer does not enter into the contract in the name of his profession or business, but in a personal capacity.
c. Parties: the entrepreneur and the consumer, as described under a and b.
d. Vessel: an object made to reside and move on water, including the equipment and inventory belonging to it. These conditions explicitly refer to a vessel intended for sports or leisure activities.
e. Open sail and motor boat: vessel without a cabin.
f. Rental agreement: an agreement by which the proprietor undertakes to put a vessel without crew into use by the consumer for a fee.
g. Electronically: by e-mail or website.
h. Inventory list: list of items belonging to the vessel.
i. Condition list: list on which the parties record the condition of the vessel and any damage prior to sailing.
j. Disputes Committee: the Water Recreation Disputes Committee in The Hague.
All amounts stated in these terms and conditions include VAT.

ARTICLE 2 – APPLICABILITY OF THESE TERMS AND CONDITIONS
These general terms and conditions apply to every offer and contract entered into by the entrepreneur and consumer for the rental/rental of vessels.

ARTICLE 3 – OFFER/QUOTATION
1. The entrepreneur makes his offer or quotation orally, in writing or electronically.
2. A verbal offer expires if it is not accepted immediately, except if the entrepreneur has immediately given a deadline to accept the offer.
3. A written offer or an electronic offer must have a date on it. If the offer states a period of validity, the entrepreneur may not change or withdraw his offer within that period. If no deadline is mentioned, the entrepreneur may not change or withdraw his offer until 14 days after the date.
4. The offer shall contain a complete and accurate description of the vessel to be rented and shall state at least:
– the rental period and the port of departure/arrival;
– The rental fee with any additional charges and method of payment;
– The amount of the insurance deductible;
– The amount and manner of collateralization;
– the cancellation policy.
5. With each offer, the entrepreneur provides a copy of these general terms and conditions.

ARTICLE 4 – AGREEMENT
1. An agreement exists as soon as the consumer accepts the entrepreneur’s offer. If he accepts this offer electronically, the entrepreneur sends an electronic confirmation to the consumer.
2. Any agreement shall preferably be in writing or electronically.
3. With a written contract, the business owner must always give a copy to the consumer.

ARTICLE 5 – PRICE AND PRICE CHANGES
1. The entrepreneur and the consumer agree in advance:
– what rent and any additional charges the consumer must pay; and
– Whether the entrepreneur may change the price in the interim and, if so, under what conditions.
2. The entrepreneur can always pass on changes in taxes, excise duties and other similar government levies to the consumer.

ARTICLE 6 – PAYMENT TERMS
1. The consumer must pay the rental fee within 14 days of receipt of the invoice, but in any case on the start date of the agreed rental period. He can pay the rent at the entrepreneur’s office or by transferring the money to a bank account determined by the entrepreneur.
2. If the consumer does not pay on time, he is in default without the entrepreneur having to give him notice of default. Nevertheless, after the payment date has passed, the business owner sends one more free payment reminder to the consumer. In it, he reminds the consumer of his default and still gives him the opportunity to pay the bill within 14 days. In the payment reminder, the entrepreneur also mentions the extrajudicial collection costs that the consumer owes in case of late payment.
3. If the 14-day period mentioned in paragraph 2 has expired and the consumer has not yet paid, the entrepreneur is authorized to demand payment of the amount due, without further notice to the consumer. He may reasonably charge the consumer for the extrajudicial collection costs involved. This is subject to maximum amounts stated in the Compensation for Extrajudicial Collection Costs Decree. Subject to statutory changes, these maximum amounts are set at:
– 15% on the first €2,500, with a minimum of €40;
– 10% over the next €2,500;
– 5% over the next €5,000;
– 1% over the next €190,000;
– 0.5% on the excess, with a maximum of €6,775.

ARTICLE 7 – CANCELLATION
1. If the consumer wishes to cancel the rental agreement, he must notify the entrepreneur in writing or electronically as soon as possible. If the consumer cancels, the entrepreneur can claim a fixed (fixed) compensation of:
– 15% of the agreed rent for cancellation up to 3 months before the start of the rental period;
– 50% of the agreed rent for cancellation up to 2 months before the start of the rental period;
– 75% of the agreed rent for cancellation up to 1 month before the start of the rental period;
– 100% of the agreed rental price for cancellation within 1 month before the start of the rental period or on the effective date of the rental period.
A minimum of €65 applies to all compensation amounts listed.
2. If the consumer cancels a rental agreement with a rental amount of €250 or less, other compensation amounts than those mentioned in paragraph 1 apply. In these cases, the entrepreneur can claim a fixed (fixed) compensation of:
– 10% of the agreed rent for cancellation up to 1 week before the start of the rental period;
– 50% of the agreed rent if cancelled up to 2 days before the start of the rental period;
– 100% of the agreed rental price for cancellation within 2 days before the start of the rental period.
3. The entrepreneur may cancel a rental agreement of an open sail and/or motor boat if the rental period is up to 2 days. He must notify the consumer in writing in a timely manner. If he fails to do so in a timely manner, the consumer may claim 25% of the rent due.
4. If the consumer cancels a lease, he can ask the business owner if another person may take over the lease through a “substitution agreement. If the business owner agrees, the consumer will owe a modification fee. These modification costs are 10% of the agreed rental price with a minimum of €45.50 and a maximum of €113.50.

5. If a cancellation occurs one week before the scheduled date, no fee will be charged. If cancellation occurs within four days prior to the scheduled date, a credit of 50% of the cost will be issued.

ARTICLE 8 – OBLIGATIONS OF THE ENTREPRENEUR
1. At the start of the rental period, the proprietor makes the vessel available to the consumer. The proprietor ensures that the vessel is in good condition, that it can serve the purpose for which it is intended and that it is equipped with proper safety equipment appropriate to the agreed sailing area.
2. The proprietor is obliged to adequately insure the vessel for the benefit of the consumer against third-party liability, hull damage and theft. This insurance applies only to use of the vessel in the sailing area agreed upon by the proprietor and the consumer. The insurance is subject to a reasonable deductible in line with the value of the vessel.
3. Before sailing, the parties shall record the condition of the vessel in a condition list signed by both parties. The business owner gives a copy of the signed condition list to the consumer.
4. The business owner provides an inventory list to the consumer prior to sailing.
5. At the end of the hire period, the proprietor takes possession of the vessel at the agreed place and time, unless he has agreed otherwise with the consumer.
6. The entrepreneur ensures that the necessary (emergency) telephone numbers are present in the vessel.

ARTICLE 9 – OBLIGATIONS OF THE CONSUMER
1. The consumer must have adequate boating skills. If the consumer does not have a relevant CWO diploma (Committee on Water Sports Training) or an equivalent diploma (at the discretion of the entrepreneur), he must in any case be 18 years of age or older. This age limit of 18 does not apply to open sail and/or motor boats.
2. The consumer must ensure that the crew required for the cruise refrain from excessive use of alcohol and/or drugs during the cruise.
3. The consumer must comply with the instructions of the proprietor to preserve the vessel and preserve the rights of the proprietor. This includes a prohibition against sailing out or returning to the marina, and a prohibition against sailing directly to a mooring location to be determined by the business owner due to inclement weather conditions and/or excessive alcohol and/or drug use.
4. Before sailing, the consumer receives an inventory list from the entrepreneur. The consumer is required to verify that the inventory on this list is present in the vessel. He must also verify that the vessel is equipped with safety equipment appropriate to the particular sailing area.
5. If the inventory on board does not match the inventory on the inventory list, or if the safety equipment is incomplete or faulty, the consumer must notify the operator before sailing. This does not alter the entrepreneur’s obligation under Article 8(1).
6. Before sailing, the consumer must sign the condition list for agreement.
7. The consumer uses the vessel as a good housekeeper and good skipper and in accordance with its intended use. The consumer may not make any changes to the vessel and may not give the vessel to another person for use without the written permission of the proprietor.
8. At the end of the rental period, the consumer transfers the vessel to the proprietor at the agreed time and place and in the same condition in which he received the vessel.
9. The costs directly related to the use of the vessel shall be borne by the consumer. This includes, for example, port, bridge, quay, lock and mooring fees and fuel costs.
10. If the consumer wants to have repairs made, he needs the entrepreneur’s permission. The business owner will refund the repair costs to the consumer if the consumer submits itemized bills for this purpose.
11. The cost of normal maintenance and repair of defects shall be borne by the entrepreneur.
12. The consumer must report damages of any kind to the entrepreneur as soon as possible. This includes facts and/or circumstances that could reasonably lead to damages.

ARTICLE 10 – LIABILITY
1. The consumer is liable for damage and/or loss of the vessel during the period he has rented the vessel. This only applies to damage and/or loss to the extent not covered by insurance. The consumer shall not be liable if he can prove that the damage and/or loss was not caused by him or any of his co-travelers or is not attributable to him and/or his. Damages include consequential damages.
2. The consumer is always liable for (consequential) damages he causes if:
– he knowingly uses the vessel outside the sailing area he has agreed with the proprietor; and/or
– he knowingly fails to comply with the instructions of the proprietor to preserve the vessel and/or to preserve the rights of the proprietor.
3. This liability is limited to an amount of €500 plus the excess and applies regardless of the insurance of the vessel.
4. The entrepreneur is not liable for damage to property or for any bodily injury or accident. He is only liable for this if that damage and/or injury/accident is the direct result of a defect in the leased vessel.

ARTICLE 11 – FAILURE TO PERFORM THE AGREEMENT
1. If the proprietor fails to fulfill his obligations under the rental agreement, the consumer may terminate the rental agreement without going to court. The entrepreneur must then immediately refund all amounts the consumer has already paid.
2. The consumer can also claim compensation for any damage he has suffered, unless the shortcoming on the part of the entrepreneur cannot be attributed to the entrepreneur.
3. The above does not apply if the entrepreneur offers an alternative solution that is reasonable for both parties.
4. If the consumer hands over the vessel later than at the agreed time and/or not at the agreed place, the proprietor is entitled to a proportional increase in the hire price and to compensation for further (consequential) damage. This right expires if the late transfer of the vessel and/or the other place of transfer cannot be attributed to the consumer.
5. If the consumer does not hand over the vessel in the same condition in which he received it, the proprietor has the right to restore the vessel to said condition at the consumer’s expense. He may do so even if the consumer has not complied with the obligations in Article 9 of these terms and conditions. The consumer does not have to pay the repair costs to the extent they are covered by insurance. This does not apply if there is a situation as mentioned in Article 10 paragraph 2.

ARTICLE 12 – COMPLAINTS
1. If the consumer has complaints about the performance of the agreement, he must report them to the entrepreneur by letter or electronically. He must do so within a reasonable (appropriate) time after he has observed or could have observed the defects. He must adequately describe and explain the complaints.
2. If the consumer has complaints about an invoice, he should preferably report them to the entrepreneur by letter. He must do so within a reasonable (appropriate) time after receiving the relevant invoice. He must adequately describe and explain the complaints in his letter.
3. Failure to file a complaint in a timely manner may result in the consumer losing his rights in this area. If his failure to complain in a timely manner cannot reasonably be attributed to the consumer, then he retains his rights.
4. If it has become clear that the complaint cannot be resolved by mutual agreement, there is a dispute.

ARTICLE 13 – DISPUTE RESOLUTION
1. If the consumer and the entrepreneur have a dispute, either of them can submit this dispute to the Geschillencommissie Waterrecreatie, Bordewijklaan 46, PO Box 90600, 2509 LP The Hague (www.sgc.nl). The following conditions apply:
a. The dispute concerns the formation or performance of an agreement between the entrepreneur and the consumer.
b. The agreement concerns services or items that the entrepreneur is going to provide or has provided to the consumer.
c. The agreement is subject to these general terms and conditions.
2. The Disputes Committee will consider a dispute only if:
a. the consumer first submitted his complaint to the entrepreneur;
b. the entrepreneur and the consumer have not reached a solution together;
c. the dispute was submitted to the Disputes Committee within 12 months after the consumer submitted his/her complaint to the entrepreneur;
d. the dispute was submitted to the committee in the form of a letter or other form determined by the committee.
3. In principle, the Disputes Committee only deals with disputes that have a financial interest not exceeding €14,000. If a dispute has a financial interest of more than €14,000, the committee can only deal with it if both parties expressly agree.
4. If a consumer submits a dispute to the Disputes Committee, the entrepreneur is obliged to accept it. If the entrepreneur wants to submit a dispute to the Dispute Resolution Committee, he must ask the consumer to let him know within 5 weeks whether he agrees. In doing so, the business owner must announce that – if the consumer does not respond within those 5 weeks – it may initiate court proceedings.
5. In dealing with the dispute and rendering the decision, the Disputes Committee shall follow the regulations applicable to the Committee. If requested, these regulations will be sent to the consumer and/or the entrepreneur. The rulings of the Disputes Committee take the form of a binding opinion. A fee is payable for handling a dispute.
6. Only the court and the mentioned Disputes Committee are competent to take cognizance of disputes between the entrepreneur and the consumer.

ARTICLE 14 – PERFORMANCE BOND
1. HISWA Association guarantees that its members comply with the binding recommendations of the Disputes Committee. This does not apply if a member decides to take the opinion to court for review within 2 months of its mailing. If the opinion is upheld after review by the court and the judgment showing it is irrevocable, then the guarantor reinstates. For each binding opinion, HISWA Association pays a maximum of €10,000 to the consumer. This also applies if, according to the binding opinion, the consumer is owed more than €10,000 by the entrepreneur. In that case, the consumer receives €10,000 from HISWA Association and HISWA Association has a best-efforts obligation to ensure that the proprietor pays the rest.
2. To make a claim under this warranty, the consumer must request this in writing from HISWA Association. He must also assign the claim he has against the entrepreneur to HISWA Association. In principle, if the claim exceeds €10,000, the consumer only has to transfer the portion of the claim that falls below €10,000. But if the consumer wishes, he can also transfer the portion of the claim that exceeds €10,000. HISWA Association will then claim payment thereof from the entrepreneur in its own name and costs. If HISWA Association succeeds, it will pay the amount to the consumer.
3. HISWA Association does not provide a compliance guarantee if – before the consumer has met all formal intake requirements for handling the dispute – one of the following situations occurs:
a. The entrepreneur has been granted suspension of payments.
b. The entrepreneur was declared bankrupt.
c. The entrepreneur’s business activities have effectively ceased.

Decisive for this situation is the date on which the business termination was registered in the Trade Register or an earlier date, for which HISWA Association can make a plausible case that the business activities were actually terminated.

The formal intake requirements mean the actions the consumer must take to have the dispute heard by the Dispute Resolution Committee. This includes paying a complaint fee, sending in a completed and signed questionnaire and any deposit.

ARTICLE 15 – DEVIATION FROM THE TERMS AND CONDITIONS
Additional terms or provisions that deviate from these general terms and conditions may not be to the detriment of the consumer and must be recorded either in writing or in such a way that they can be stored by the consumer in an accessible manner on a durable data carrier.

ARTICLE 16 – AMENDMENTS
If HISWA Association changes these general terms and conditions, it is always done in consultation with the ANWB and the Consumers’ Association.

ARTICLE 17 – CHOICE OF LAW
All disputes relating to this agreement shall be governed by Dutch law, unless other national law applies under mandatory rules.