General rental conditions Happy Sailing
1 Reservation / Payment
1.1 After booking, the rental contract will be sent to the tenant by e-mail. The rental contract must be completed and signed by the tenant within 5 days, together with a copy of an identity document (passport or ID card) and any water sports certificates. When renting a yacht of 50 feet or longer or if a yacht is rented abroad, a license 1 and 2 is required and must also be received by Happy Sailing from the tenant. A VHF radio certificate is also required for foreign countries.
1.2 After Happy Sailing has sent the rental contract, the deposit amount as stated in the rental agreement must be credited to Happy Sailing’s bank account within the term set in this rental agreement. The same applies to the 2nd payment term, in case the payment is split into 2 installments.
1.3 For bookings of which the departure will take place within 4 weeks after the contract date, the total rent must be paid in one go, within the term set in the rental agreement.
1.4 The deposit is transferred to Happy Sailing together with the rent or paid in cash at the start of the rental period.
1.5 In case of day or part-day rental, the reservation and payment can take place on the spot and in mutual consultation. The tenant shows his or her proof of identity and signs the rental agreement on location with which he or she also agrees to the general terms and conditions of Happy Sailing.
2 Termination of the rental contract
Happy Sailing reserves the right to immediately terminate the rental agreement in the event of proven incompetence with regard to sailing and/or navigating the boat and/or gross negligence by the tenant, without the landlord being liable for any compensation and/or refund of the rent is owed to the tenant.
3 Availability of the yacht
3.1 The yacht owner undertakes to make his or her yacht available in technically good condition, with the usual equipment, the prescribed rescue equipment and the required inventory at the beginning of the rental period. The yacht owner has taken out liability and hull insurance for the yacht, including rental cover.
3.2 The lessee identifies himself before departure from the lessor by means of a valid proof of identity, being a passport or ID card. Without this identification, the delivery of the ship can be refused.
3.3 The lessee must check the yacht before taking over and sign the issue form for approval upon acceptance. Damage to the yacht must be recorded. Defects that are not stated are considered to have arisen after the takeover and are for the account of the tenant, unless the tenant could not reasonably have noticed them.
4 Return of the yacht
4.1 The yacht will be returned to the home port by the tenant in good time before the end of the rental period. In the event of late return to the home port, the costs for this delay, also with regard to any waiting next tenants, will be borne by the tenant. After the end of the contractual rental period, the lessor is entitled to charge €50 per hour if the lessee returns the yacht too late without notification. In case of late return with notification by the tenant and after agreement of the landlord, the landlord is entitled to charge 25 euros per hour.
4.2 If the lessee leaves the yacht at a place other than the home port, then the costs for transport, travel, labor and delay (also with regard to any waiting subsequent tenants) are for the account of the lessee. This paragraph does not apply if the tenant 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 the home port from the agreed final location.
4.3 Damage caused during the rental period must be reported by the tenant to the landlord. The damage will be deducted from the deposit.
4.4 Any material lost during the rental period must be declared and reimbursed by the tenant.
4.5 In case of doubt or in case of damage that is difficult to interpret, the lessor/yacht owner reserves the right to repay the deposit at a later date if necessary. with reduction of costs and/or damage(s) incurred. This also applies if the yacht is handed in at twilight or in the dark, which hinders the final inspection.
5 Damage or bad luck to the yacht
5.1 In the event of any damage due to breakdown, loss, theft, seizure and damage to the yacht, inventory and accessories, the hirer will contact the lessor/yacht owner as soon as possible.
5.2 The lessee gives the lessor/yacht owner and his insurance company the opportunity to investigate the damage before repair takes place.
5.3 Happy Sailing has an intermediary role, bringing the renter and the yacht owner together. Subsequently, the yacht owner is responsible for the technical proper functioning of his or her yacht, as well as for the correct settlement of any damage and the possible retention of (part of) the deposit. Every yacht owner has contractually agreed with Happy Sailing that his or her yacht is technically in a good condition and meets the safety conditions. If the yacht is not issued and taken in by the yacht owner but by Happy Sailing, any damage will be settled as well as the deduction of the deposit via Happy Sailing.
5.4 After returning the yacht, the yacht owner (or a person who has instructed the yacht owner to do so) will check the yacht for possible damage and defects. If damage(s) and/or (a) defect(s) are found, he or she will determine how much should be deducted from the deposit. If the amount of the damage cannot be properly assessed at that time, the yacht owner (or the person who has been instructed to do so) or Happy Sailing retains the right to withhold the full deposit until the amount of the amount of damage is known. Any remaining amount will then be refunded to the account of the tenant. Any disagreement that may arise in this regard must be settled between the renter and yacht owner (or the person who has been instructed to do so on behalf of the yacht owner), or if the yacht is issued by Happy Sailing, between the renter and Happy Sailing.
5.5 In the event of a breakdown, damage, damage or other emergencies, the coast guard must be contacted via 0900 0111 or VHF 16 VHF channel. They will immediately inform the KNRM but also all commercial parties. The tenant must only accept help from the KNRM (recognizable by the letters KNRM on the dinghy and clothing), with the exception of an acute emergency as described in 5.6. In addition, Happy Sailing / the yacht owner must be informed immediately.
In the event of breakdown, damage, damage or otherwise, which is not the result of wear and/or maintenance, the renter is liable for the (consequential) damage, the costs of salvage, rescue and towing assistance. If it concerns an insurance issue, the renter’s deposit will be applied to cover the deductible of the yacht insurance. Claimed compensations are for the account of the renter, unless these cannot be attributed to him and in that case the damage is covered by the current insurance of the boat. The tenant must act very carefully in his own interest when accepting help (see 5.6). We advise the tenant to take out a guarantee / consequential loss cover insurance from Unigarant.
5.6 In the event of stranding or engine breakdown, the lessee must immediately and immediately contact the coastguard (see 5.5) and the lessor/yacht owner. Subsequently, the arbitrary organization and acceptance of any form of towing assistance performed by an authorized and specialized company (i.e. other than KNRM), without permission and/or interference from the lessor/yacht owner, is entirely at the expense of the applicant or the lessee, without any right. to cover the costs by the current insurance of the yacht. Accepting towing assistance from third parties that are not authorized to do so (other than the KNRM) is not permitted. The only exception to this is those cases of acute emergency, where there is a threat to the welfare of the yacht (fire or signs of sinking), danger to life for her persons on board, the environment, other ships and/or their persons on board. The lessor/yacht owner must be warned at all times of any kind of calamity, at any possible time of the day.
5.7 If necessary repair, which is the result of damage caused by wear and/or insufficient maintenance, takes longer than 24 hours, the lessee is entitled to a proportional refund of the rent over the period that he cannot sail the yacht .
6.1 The tenant of the yacht is not allowed, among other things, unless with written permission from Happy Sailing:
to stay on the yacht with more crew members than the maximum number of persons indicated in the rental agreement,
to participate in competitions, unless this has been clearly agreed and agreed in advance,
make changes to the yacht and/or equipment without the permission of the lessor/yacht owner,
to sail in adverse weather conditions or forecast of adverse weather conditions,
to sail on all waters, in case of wind force or predicted wind force via the VHF channel or the VHF weather forecast on the KNMI website (https://www.knmi.nl/nederland-nu/maritiem/marifoon), from 6 Beaufort (from 10 .8 meters per second), or wind gusts from Beaufort 7 (from 13.9 meters per second) or higher for your sailing area and/or if code yellow, orange or red has been issued by the KNMI for your sailing area. Afterwards, the wind speeds can be checked at https://www.windwaarnemingen.nl (source KNMI and RWS),
to enter or moor the yacht later than half an hour after sunset, unless prior permission has been given by the lessor/yacht owner,
Sublet the yacht or hand it over to others for use.
6.2 Costs, which are directly related to the use of the yacht, including port, bridge, lock and mooring fees, fuel and lighting, etc., are for the account of the lessee.
6.3 The necessary costs of normal maintenance and repair, towing assistance and storage in respect of mechanical defects are for the account of the lessor. When making such costs, the lessor/yacht owner must be contacted in advance and permission must be sought, unless this is impossible due to these circumstances. If this is complied with, the costs incurred will be reimbursed only on presentation of specified invoices. Replaced parts will be taken back by the lessee, unless this is impossible.
6.4 The lessee declares that he has sufficient sailing, sailing and maneuvering experience to handle the yacht and the equipment as “a good skipper”, to be familiar with the sailing regulations and to observe them.
6.5 The lessee is responsible for the safety of the yacht and its passengers.
6.5 Happy Sailing is in no way responsible for any injury whatsoever that occurs on board.
6.6 Loss, theft or damage to personal property is the responsibility of the tenant.
6.7 Happy Sailing reserves the right to refuse a booking with tenants of 25 years or younger.
6.8 Bad weather conditions do not entitle you to a refund of (part of) the rent.
7.1 In case of cancellation, the following is due:
– up to 12 weeks before the start of the rental period: 25% of the total rent,
– from 12 to 8 weeks before the start of the rental period: 50% of the total rent,
– from 8 to 4 weeks before the start of the rental period: 75% of the total rent,
– from 4 weeks before the start date up to and including the day of departure: 100% of the total rent.
All cancellation cases mentioned have a minimum of € 75.
7.2 A rental agreement can be unilaterally canceled by Happy Sailing in the event that the yacht cannot be rented out due to damage, theft or other cause and no suitable replacement is available within Happy Sailing’s fleet. In the event that an alternative yacht is available, but with a lower or higher rent for the relevant period, the difference will be returned or charged extra to the tenant. The tenant may refuse this alternative, whereby the rent is returned and the lease is dissolved.
8.1 Complaints relating to the lessor’s conduct and complaints regarding the technical condition, inventory and/or equipment of the boat must be submitted directly to the lessor. Complaints must be passed on to the landlord within 24 hours after discovery.
General rental conditions version 3.1
Drawn up on October 1, 2020
Happy Sailing, Cees Buddingh Hof 114, 1628WK Hoorn. KvK 37116265