General Rental Terms and Conditions
1 Booking, Payment, and Documents
1.1 These general terms and conditions apply to all bookings made with Happy Sailing for a sailing yacht or catamaran. After booking, the rental confirmation will be sent to the renter by email immediately. Within 3 days of receiving the booking confirmation by email, the renter must submit their sailing experience, a copy of an ID (passport or ID card), and any water sports certificates to Happy Sailing.
1.2 When renting a yacht of 50 feet or longer, or if a yacht is rented abroad, possession of a Type 2 boating license is required, and Happy Sailing must also receive this from the renter. For rentals abroad, a VHF radio certificate is also required.
1.3 After receiving the rental confirmation, the (down) payment must be made within 3 days. Any second payment installment must be paid by bank transfer no later than 4 weeks before departure. For yachts in Medemblik, the deposit is paid by credit card block. For yachts at other locations, the deposit is paid by bank transfer; normally at the same time as the second installment, but upon request, this deposit can also be paid later, no later than 3 days before departure.
1.4 For bookings with departures within 4 weeks of the contract date, the total rental amount must be paid in one installment, within the timeframe specified in the rental agreement.
- Termination of the Rental Agreement
Happy Sailing reserves the right to immediately terminate the rental agreement in the event of proven incompetence in sailing and/or navigating the boat, and/or gross negligence by the renter, and/or violation of the law, without the owner being liable for any compensation and/or refund of the rental amount to the renter.
- Availability of the Yacht
3.1 The yacht owner undertakes to make his or her yacht available at the start of the rental period in good technical condition, with the usual equipment, the prescribed lifesaving equipment, and the required inventory. The yacht owner has taken out third-party liability and comprehensive insurance for the yacht, including rental coverage.
3.2 The charterer must identify themselves to the owner before departure with valid identification, such as a passport or ID card. Without this identification, the yacht may be refused.
3.3 The charterer must inspect the yacht before delivery and, upon acceptance, sign the delivery form. Any damage to the yacht must be documented. Any defects not documented are deemed to have occurred after delivery and are the charterer’s responsibility, unless the charterer could not reasonably have discovered them.
3.4 If defects are discovered upon delivery, the owner reserves the right to resolve them within 24 hours for rentals of 1 to 4 days, or within 48 hours for longer rentals. Any time lost to sailing as a result will be compensated as a proportion of the rental fee.
4 Return of the Yacht
4.1 The yacht must be returned to the home port by the renter in a timely manner, before the end of the rental period. If the yacht is not returned to the home port on time, the renter will be responsible for the costs of this delay, including any subsequent renters who may be waiting. After the end of the contractual rental period, the lessor is entitled to charge €50 per hour if the renter returns the yacht late without notification and approval from Happy Sailing by email, text message, or WhatsApp. If the yacht is returned later than the agreed time, with notification from the renter and the lessor’s approval, the lessor is entitled to charge additional costs, with the additional hours being proportional to the yacht rental fee.
4.2 If the renter leaves the yacht at a location other than the home port, the costs of transport, travel, labor, and delays (including any subsequent renters who may be waiting) will be borne by the renter. This section does not apply if the renter has opted for the “return service” in advance in the rental agreement, whereby it has been agreed that Happy Sailing will sail the yacht back to its home port from the agreed-upon final location.
4.3 Damage occurring during the rental period must be reported to the owner by the renter. The damage will be deducted from the security deposit.
4.4 Any equipment lost during the rental period must be reported by the renter and reimbursed.
4.5 In cases of doubt or damage that is difficult to interpret, the owner/yacht owner reserves the right to refund the security deposit at a later date, possibly with deduction for any costs and/or damage incurred. This also applies if the yacht is rented in dim light or darkness is returned, which hinders the final inspection.
5 Damage or Breakdown to the Yacht
5.1 In the event of any damage due to breakdown, loss, theft, seizure, or damage to the yacht, inventory, and accessories, the renter must contact the landlord/yacht owner as soon as possible.
5.2 The renter must allow the landlord/yacht owner and their insurance company to inspect the damage before repairs are made.
5.3 Happy Sailing acts as an intermediary, connecting the renter with the yacht owner. The yacht owner is then responsible for the technical functioning of their yacht, as well as the proper handling of any damage claims and the possible retention of (part of) the deposit. Each yacht owner has contractually agreed with Happy Sailing that their yacht is in good technical condition and meets the safety requirements. If the yacht is rented and taken over by Happy Sailing rather than the yacht owner, any damage and the deposit will be settled through Happy Sailing.
5.4 After returning the yacht, the yacht owner (or a person instructed by the yacht owner) will inspect the yacht for any damage and defects. If any damage and/or defects are found, they will determine the amount to be withheld from the deposit. If the amount of the damage cannot be properly assessed at that time, the yacht owner (or the person instructed by them) or Happy Sailing reserves the right to withhold the full deposit until the amount of the damage is known. Any remaining balance will then be refunded to the charterer’s account. Any dispute that may arise in this regard must be resolved between the renter and the yacht owner (or the person instructed to do so on behalf of the yacht owner), or, if the yacht is rented by Happy Sailing, between the renter and Happy Sailing.
5.5 In the event of a breakdown, damage, or other emergency, the Coast Guard must be contacted at 0900 0111 or VHF channel 16. They will immediately inform the KNRM (Royal Netherlands Sea Rescue Institution) and all commercial parties. The renter must only accept assistance from the KNRM (identifiable by the letters “KNRM” on the dinghy and clothing), with the exception of acute emergencies as described in 5.6. In addition, Happy Sailing/the yacht owner must be informed immediately.
In the event of a breakdown, damage, or other damage not resulting from wear and tear and/or maintenance, the renter is liable for any (consequential) damage, salvage, rescue, and towing costs. In the event of an insurance issue, the renter’s deposit will be used to cover the deductible on the yacht insurance. Claimed compensation is the renter’s responsibility, unless they cannot be held responsible, in which case the damage is covered by the boat’s current insurance. The renter must exercise great care in their own interest when accepting assistance (see 5.6). We recommend that the renter take out a Unigarant guarantee/consequential damage insurance policy.
5.6 In the event of a stranding or engine failure, the renter must immediately contact the coastguard (see 5.5) and the lessor/yacht owner. Subsequently, the unauthorized organization and acceptance of any form of towing assistance performed by a qualified and specialized company (other than the KNRM), without the permission and/or involvement of the lessor/yacht owner, is entirely at the expense of the applicant or renter, without any right to coverage of the costs under the yacht’s current insurance. Accepting towing assistance from unauthorized third parties (other than the KNRM) is not permitted. The only exceptions are in cases of acute emergency, where the yacht’s well-being is at risk (fire or signs of sinking), life-threatening situations for its occupants, the environment, other vessels, and/or their occupants. The charterer/yacht owner must be notified of any emergency at any time, at any time of the day.
5.7 If necessary repairs resulting from damage caused by wear and tear and/or inadequate maintenance take longer than 24 hours, the charterer is entitled to a pro-rata refund of the rental fee for the period during which the yacht is unavailable.
6 Sailing Area
6.1 The standard sailing area is all Dutch inland waterways, including the IJsselmeer and Markermeer.
6.2 Sailing in the tidal waters of the Wadden Sea and the North Sea, up to a maximum of 10 miles from the coast, is permitted only with (digital) written permission from Happy Sailing. This permission is granted with sufficient experience on this or similar tidal waters. The renter must therefore always inquire with Happy Sailing in advance.
6.3 Trips to other countries must be discussed and approved (digitally) in writing with Happy Sailing in advance, as this will require expanding the insurance coverage. Sufficient sailing experience on the relevant or similar waters also applies here.
7 General
7.1 The yacht charterer is not permitted, without the written permission of Happy Sailing:
– to stay on the yacht with more crew members than the maximum number of persons specified in the rental agreement,
– to participate in competitions or events, unless this has been clearly agreed upon in advance,
– to make changes to the yacht and/or equipment without the permission of the charterer/yacht owner,
– to sail in unfavorable weather conditions or when unfavorable weather conditions are forecast,
– to sail, on all waters, when the wind force, or the wind force forecast via the VHF radio channel or the VHF weather report on the KNMI website (https://www.knmi.nl/nederland-nu/maritiem/marifoon), is 6 Beaufort (10.8 meters per second or higher), or gusts of 7 Beaufort (13.9 meters per second or higher) for your sailing area, and/or if the KNMI has issued a code yellow, orange, or red code for your sailing area. Sailing area. Wind speeds can be checked afterwards at https://www.windwaarnemingen.nl (source: KNMI and RWS).
– Enter or moor the yacht later than half an hour after sunset unless the lessor/yacht owner has given prior permission.
– Sublet the yacht or allow others to use it.
7.2 Costs directly related to the use of the yacht, including harbor, bridge, lock, and mooring fees, fuel, lighting, etc., are the responsibility of the renter.
7.3 The necessary costs of normal maintenance and repairs, towing, and salvage due to mechanical defects are the responsibility of the renter. If such costs are incurred, the renter/yacht owner must be contacted in advance and permission requested, unless this is impossible due to these circumstances. If this is met, reimbursement of the costs incurred will only be made upon presentation of itemized invoices. The renter must take back any replaced parts, unless this is impossible. 7.4 The renter declares that they have sufficient sailing, boating, and maneuvering experience to handle the yacht and its equipment as a “good skipper,” and to be familiar with and comply with the sailing regulations.
7.5 The renter is responsible for the safety of the yacht and its occupants.
7.6 Happy Sailing and the yacht owner are in no way liable for any injury that occurs on board.
7.7 Loss, theft, or damage to personal belongings is the renter’s responsibility.
7.8 Happy Sailing reserves the right to refuse a booking to renters aged 25 or younger.
7.9 Adverse weather conditions do not entitle the renter to a refund (or part thereof).
8 Cancellation
8.1 In case of cancellation, the following fees are due:
– up to 12 weeks before the start of the rental period: 25% of the total rental amount,
– from 12 to 8 weeks before the start of the rental period: 50% of the total rental amount,
– from 8 to 4 weeks before the start of the rental period: 75% of the total rental amount,
– from 4 weeks before the start date up to and including the day of departure: 100% of the total rental amount.
All cancellations are subject to a minimum fee of €100.
8.2 Happy Sailing may unilaterally cancel a rental agreement if the yacht cannot be rented due to damage, theft, or other cause, and no suitable replacement is available within the Happy Sailing fleet. If an alternative yacht is available, but with a lower or higher rental amount for the relevant period, the difference will be refunded or charged to the renter. The renter may refuse this alternative, in which case the rental fee will be refunded and the rental agreement will be terminated.
9 Complaints
9.1 Complaints relating to the owner’s conduct and complaints regarding the boat’s technical condition, inventory, and/or equipment must be submitted directly to the owner. Complaints must be reported to the owner within 24 hours of discovery.
General Rental Terms and Conditions Version 3.5
Established January 2025
Happy Sailing, Cees Buddingh Hof 114, 1628WK Hoorn. Chamber of Commerce number 14103842
