Helenawerf

contact
Menu

GENERAL TERMS AND CONDITIONS FOR RENTING AND LETTING MOORING AND/OR STORAGE PLACES FOR VESSELS AND RELATED ARTICLES

ARTICLE 1 - DEFINITIONS

The amounts mentioned in these General Conditions are inclusive of VAT. In these conditions the following definitions apply:
  1. Contractor: natural or legal person who enters into a contract concerning the provision of a mooring and/or storage place for a vessel and/or part of a vessel against payment.
  2. Consumer: natural person not acting in the exercise of a profession or business who enters into a contract relating to the use of a mooring and/or storage place for a vessel and/or part of a vessel.
  3. Vessel: an object designed to stay and move on the water intended for sports or leisure purposes, including the equipment and inventory forming part thereof, as well as a hull or a vessel under construction.
  4. Berth and/or storage area: an area made available by the proprietor to the consumer or passer-by on land or in the water for the purpose of placing a vessel and/or part of a vessel.
  5. Passer-by: a third party who enters into a rental contract with the proprietor regarding a berth whereby the rental price is charged per day and to whom Articles 4, 5 paragraph 1, and Articles 6 and 7 of these Terms and Conditions do not apply.
  6. Rental agreement: the agreement whereby the proprietor undertakes to grant the consumer or passer-by the use of a mooring and/or storage place against payment.
  7. Electronic: by e-mail or website.
  8. Visitor: a third party, not being a contracting party, who visits the port site or is visiting a contracting party of the entrepreneur.
  9. Annual rental: the rental period from April 1 of a given year to April 1 of the following year (unless otherwise agreed).
  10. Summer season: the period from April 1 to November 1 in a given year.
  11. Winter season: the period from November 1 of a given year to April 1 of the following year.
  12. Winter storage: covered or uncovered storage on shore during the winter period from at least November 15 of a given year until March 15 of the following year; the winter storage also includes the slipway, the placing in the winter storage as well as the launching of the vessel, unless otherwise agreed in writing.
  13. Harbour premises: the harbour and the associated (parking) areas and buildings.
  14. Harbour regulations: rules of housekeeping, conduct and order.
  15. Disputes Committee: the Water Recreation Disputes Committee in The Hague.

ARTICLE 2 - APPLICABILITY

  1. These conditions apply to contracts of hire and rental of mooring and/or storage spaces for vessels and related articles.
  2. The rental and hire contract also includes the space needed to store a maximum of one dinghy or sailboard belonging to the vessel, provided this does not take up more space than the proprietor rents to the consumer in question.
  3. These conditions may have been translated from Dutch into a foreign language. In the event of possible differences in the texts, which are the result of this translation, the Dutch text prevails.

ARTICLE 3 - THE AGREEMENT

  1. The agreement is concluded by acceptance of the offer by the consumer. In case of an electronic assignment, the entrepreneur sends an electronic confirmation to the consumer.
  2. The agreements are preferably recorded in writing or electronically.
  3. A copy of a written agreement should be provided to the consumer.

ARTICLE 4 - INDEBTEDNESS OF THE RENTAL SUM

  1. When concluding the contract, the proprietor can agree with the consumer an advance payment of:
    • a maximum of 50 percent of the rental when a booking is made within 3 months before the date of commencement of the hire period;
    • a maximum of 25 percent of the rental when a booking is made more than 3 months before the commencement date of the hire period.
  2. The consumer continues to owe the total rental price even if he temporarily does not use the rented vessel.
  3. If a vessel does not need to be launched after the period of winter storage, a rental fee to be agreed upon between the parties is due for the space occupied. This applies without prejudice to the compensation for necessary relocation costs.

ARTICLE 5 - TERMS OF PAYMENT

  1. Payment of the rental sum must be made within ten working days of receipt of the invoice, but no later than the commencement date of the agreed rental period, at the proprietor’s office or by transfer to a bank account designated by the proprietor.
  2. The consumer is in default from the expiry of the payment date. After that date has passed, the proprietor sends a payment reminder and gives the consumer the opportunity to pay within fourteen days of receiving this payment reminder. If, after the period mentioned in the payment reminder has passed, there is still no payment and the consumer cannot appeal to force majeure, the entrepreneur has the right to charge interest from the expiry of the payment date. This interest is equal to the legal interest rate plus 3% on an annual basis over the amount due.If the consumer fails to pay the amount due after the payment reminder has been sent, the proprietor is also entitled to increase the amount referred to in paragraph 2 by the collection costs.
  3. Extrajudicial costs are all costs the proprietor has to charge for lawyers, bailiffs and anyone else he uses for the collection of the amount due. The extrajudicial costs are set at: 15% over the first € 2,500 of the amount due; 10% over the next € 2,500 of the amount due; 5% over the following € 5,000 of the amount due; 1% over the following € 15,000 of the amount due. 4. Complaints about invoices should be submitted to the proprietor, preferably in writing and adequately described and explained, within a reasonable period of receipt of the invoice in question.

ARTICLE 6 - CANCELLATION

  1. If the first hire agreement was made more than three months before commencement of the hire period, the consumer can cancel the agreement up to three months before commencement of the hire period. In that case, the consumer owes 25% of the agreed rental.
  2. In the event of cancellation within a period of three months to two weeks before commencement of the hire period, the consumer owes 50% of the agreed rental.
  3. In the event of cancellation within two weeks of commencement of the hire period, the consumer owes the entire agreed rental.
  4. The cancellation referred to in the preceding paragraphs should be made in writing or by e-mail.

ARTICLE 7 - DURATION AND RENEWAL OF THE LEASE

  1. The rental agreement is entered into for a period of one year, from April 1 of a given year to April 1 of the following year, unless otherwise agreed by the parties.
  2. The rental agreement valid for one year or for the summer or winter season is deemed to be tacitly renewed under the same conditions – subject to the provisions of paragraph 3 – and for the same period, unless at least three months before the start of the new rental period the agreement is terminated in writing or by e-mail by one of the two parties.
  3. The proprietor can change the rental no later than three months before the start of the new rental period.In that case, the consumer has the right to still cancel the rental agreement within fifteen working days of receiving the notice.The latter does not apply if the rental sum is changed as a result of an increase in charges on the part of the proprietor as a result of a change in taxes, levies and suchlike that also affect the consumer.

ARTICLE 8 - RIGHT OF RETENTION AND RIGHT OF SALE

  1. The proprietor is entitled to retain the vessel of the defaulting consumer until he has paid the total amount due. This also includes the costs arising from this right of retention.
  2. The proprietor’s right of retention lapses if there is a dispute as referred to in Article 15, the consumer has brought this dispute before the Disputes Committee referred to in that article, and furthermore the consumer has confirmed to the proprietor that he has deposited the amount due with the Disputes Committee.
  3. If the consumer remains in default of paying the amount due after a demand for payment and the value of the vessel and all materials and fittings intended for it does not exceed € 10,000, the proprietor has the right of sale and delivery, without legal intervention, provided 
    • the proprietor has demanded payment from the consumer by registered letter and the consumer still has not paid the amount owing six months after the date of this registered letter, or has disputed the claim in writing, giving reasons, and
    • after the aforementioned period of six months has passed, the proprietor has served a writ on the consumer demanding that the consumer pay the amount due within fifteen working days and payment has still not been made.
  4. The right to sell lapses if the consumer has applied to the Disputes Committee mentioned in Article 15 and has deposited the amount he owes with this committee.
  5. The proprietor is obliged to pay the consumer, if possible, any difference between the sale proceeds and the amount owed by the consumer.
  6. Where appropriate, the consumer is obliged, if the vessel is registered in his name, to cooperate in removing this registration.

ARTICLE 9 - SPECIAL RIGHTS AND OBLIGATIONS OF THE CONSUMER

  1. The consumer must comply with the harbor regulations and the instructions regarding the rental agreement from or on behalf of the proprietor.
  2. The consumer is obliged to keep his vessel in a good state of repair.
  3. In the event of possible differences in the text between these conditions and the harbor regulations, these general conditions shall prevail.
  4. On the harbor premises, work that does not concern daily maintenance may only be carried out by the consumer with the permission of the proprietor.
  5. The proprietor must, after notification, allow third parties to carry out work on site insofar as it concerns warranty work by or on behalf of the supplier. All other work by third parties requires permission from the proprietor.
    Subletting or loaning of the rented object is not permitted.
  6. The consumer is prohibited from making the vessel moored in the port or the mooring place an object of commercial activity. The latter also includes putting up signs, notices, indications etc. to this effect in the port and/or on the vessel and offering the vessel for sale in the port.
  7. The consumer is required to insure his vessel and fittings against third-party liability during the time he makes use of the mooring and/or storage place. The proprietor is entitled to inspect the relevant policy of the lessee.
  8. The consumer is advised to insure his vessel and fittings against hull damage as well.

ARTICLE 10 - SPECIAL RIGHTS AND OBLIGATIONS OF THE PROPRIETOR

  1. The proprietor is obliged to exercise proper supervision to maintain the proper course of events in the port area and on the vessels.
  2. If danger of damage is imminent or safety could be compromised, the proprietor is entitled to take the necessary measures at the expense of the consumer. In urgent cases, the proprietor may do so without warning; in all other cases if the consumer has not heeded his warning within a reasonable time.
  3. The proprietor is entitled to rent out a vacant berth, provided the consumer’s rental rights are not disturbed in any way as a result.

ARTICLE 11 - LIABILITY AND RISK

  1. The proprietor grants the consumer the opportunity to place his vessel and/or related articles at the proprietor’s premises. The proprietor is only liable to the consumer for damage to the vessel or other items if that damage is the result of a shortcoming that can be attributed to the proprietor, to persons in his service, or to persons appointed by him to carry out work.
  2. With regard to the mutual obligations, liability and risk, the parties mutually conform – insofar as these terms and conditions do not contain a different provision for this – to the statutory provisions of Book 7 Title 4 of the Civil Code, which provisions relate to the rental agreement.This applies regardless of the qualification of the agreement.The vessels are/were not insured by the proprietor.The consumer should himself take care of adequate insurance.
  3. If the consumer fails to insure the vessel adequately against hull damage, this is at the consumer’s risk.
  4. The consumer is liable to the proprietor for any damage caused by a shortcoming that can be ascribed to him, to members of his family, to members of his personnel or to persons invited by the consumer.

ARTICLE 12 - COMPLAINTS

  1. Complaints about the implementation of the contract should be submitted to the proprietor in writing or electronically and properly described and explained, within a reasonable time after the consumer has noticed or could have noticed the defect.
  2. Failure to file the complaint in a timely manner may result in the consumer losing his Rights in the matter, unless the exceeding of the deadline cannot reasonably be held against the consumer.
  3. If it has become clear that the complaint cannot be resolved by mutual agreement, there is a dispute.

ARTICLE 13 - DISSOLUTION AGREEMENT

Without prejudice to the right to claim compliance, a fundamental breach of contract or attributable failure on the part of the consumer or the proprietor in complying with one of their commitments gives the proprietor or the consumer, as the case may be, the authority to terminate the hire agreement immediately without judicial intervention. In the event of dissolution of the hire agreement as a result of a material breach of contract or attributable failure, a claim can be made for compensation of any damage and for payment of all claims, including those not immediately due and payable.

ARTICLE 14 - CHOICE OF LAW

All disputes relating to this agreement shall be governed by Dutch law, unless other national law is applicable by mandatory rules.

ARTICLE 15 - DISPUTE SETTLEMENT

  1. Disputes between consumer and proprietor regarding the preparation or execution of contracts regarding services and items delivered or to be delivered by this proprietor, to which these Terms and Conditions apply, can be brought by either the consumer or the proprietor before the Water Recreation Disputes Settlement Committee, Bordewijklaan 46, PO Box 90600, 2509 LP The Hague (www.sgc.nl).
  2. A dispute will only be dealt with by the Disputes Committee if the consumer has first submitted his complaint to the proprietor.
  3. The Disputes Committee will only handle a dispute if the dispute involves an amount of no more than € 14,000.
  4. Disputes whose financial interest exceeds the amount of € 14,000 may only be handled by the Committee if both parties explicitly agree to this.
  5. After the complaint has been submitted to the entrepreneur, the dispute must be submitted to the Disputes Committee no later than three months after it has arisen.
  6. When a consumer brings a dispute before the Disputes Committee, the entrepreneur is bound by this choice. If the entrepreneur wishes to bring a dispute before the Disputes Committee, he must ask the consumer to state within five weeks whether he agrees. The entrepreneur must also announce that he will consider himself free to bring the dispute before the court after the aforementioned period has passed.
  7. The Disputes Committee pronounces its judgment with due regard for the provisions of the regulations that apply to it. The decisions of the Disputes Committee are made by way of a binding opinion in accordance with those regulations. The regulations will be sent upon request. A fee is payable for handling a dispute.
  8. Only the court or the above mentioned Disputes Committee is authorized to take cognizance of disputes.