Terms and Conditions | UtrechtBootVerhuur

Article 1. General

In these general terms and conditions, the following terms are used in the following meanings, unless explicitly stated otherwise:
- UtrechtBootVerhuur: UtrechtBootVerhuur, the user of these general terms and conditions. (UtrechtBootVerhuur. Chamber of Commerce number: 90671066). UtrechtBootVerhuur can also be regarded as a provider of canal cruises.
- Counterparty: the natural or legal person who enters into an agreement with UtrechtBootVerhuur or to whom UtrechtBootVerhuur has issued an offer to which these general terms and conditions apply.
These general terms and conditions apply to every agreement and all activities of UtrechtBootVerhuur. The acceptance by the Counterparty of an offer or order confirmation referring to these terms without comment constitutes agreement to the application of these general terms and conditions. These general terms and conditions also apply to agreements in which UtrechtBootVerhuur engages third parties for the execution of the agreement.
Deviations from these general terms and conditions are only possible if parties have explicitly agreed to them in writing in advance. The applicability of any general terms and conditions used by the Counterparty is explicitly rejected. Such application is only valid if parties have explicitly agreed to it in writing in advance.
If UtrechtBootVerhuur does not demand strict compliance with these general terms and conditions for a short or longer period, this does not affect UtrechtBootVerhuur's right to demand immediate and strict compliance. The fact that UtrechtBootVerhuur applies the conditions leniently does not give the Counterparty any rights.
Invalid or voidable provisions do not affect the validity and strength of the remaining provisions. The invalid or voided provision(s) will be replaced by new, legally permissible provision(s) that align with the purpose and intent of the invalid or voided provision(s).
Situations not covered by these general terms and conditions, or where there is ambiguity, should be assessed in the spirit and purpose of these general terms and conditions.
UtrechtBootVerhuur reserves the right to amend or supplement these general terms and conditions. Minor changes can be made at any time. If the Counterparty does not wish to accept a change, they may terminate the agreement up to the date the new conditions come into effect.

Article 2. Offers, Options, and Agreements

Offers and requests are non-binding and valid for a period of 10 days or as otherwise indicated by UtrechtBootVerhuur. Offers are made subject to availability.
UtrechtBootVerhuur cannot be held to its offers or quotations if the Counterparty can reasonably understand that the offer or quotation contains an obvious mistake or error.
A composite quotation does not oblige UtrechtBootVerhuur to perform part of the assignment for a corresponding part of the quoted price. Offers and quotations do not automatically apply to future assignments.
Specific promotions may be subject to additional conditions.
At the request of the Counterparty, UtrechtBootVerhuur may grant an option/request with a specified expiration date. However, UtrechtBootVerhuur is never obliged to grant an option/request. An option/request not converted into a definitive booking by the Counterparty before the expiration date will lapse without any notification required from either party. An option/request becomes a definitive booking after confirmation by both the Counterparty and UtrechtBootVerhuur.
The agreement between UtrechtBootVerhuur and the Counterparty is concluded when a requested reservation is confirmed in writing or by phone by UtrechtBootVerhuur, when the offer or agreement signed for approval by the Counterparty is received and accepted by UtrechtBootVerhuur, or from the moment UtrechtBootVerhuur, with the Counterparty's consent, starts execution activities.
UtrechtBootVerhuur reserves the right to refuse assignments without stating reasons, to require advance payment, or to set other payment conditions.
A confirmed assignment can be modified through a written description of the changes. Changes are only binding for UtrechtBootVerhuur if confirmed in writing.
Activities performed at the request or with the consent of the Counterparty that fall outside the content of the agreement will be reimbursed by the Counterparty to UtrechtBootVerhuur according to UtrechtBootVerhuur's usual rates. However, UtrechtBootVerhuur is not obliged to comply with such requests for additional work. UtrechtBootVerhuur may also require a separate written agreement for additional work.

Article 3. Execution of the Agreement and Obligations of the Counterparty

UtrechtBootVerhuur will execute the agreement to the best of its knowledge and ability and in accordance with the requirements of good craftsmanship, based on the current state of knowledge.
If and to the extent required for proper execution of the agreement, UtrechtBootVerhuur has the right to have certain activities performed by third parties.
If UtrechtBootVerhuur deems it necessary, it has the right to deploy a different sloop or other sloops than agreed upon. This sloop or sloops will be suitable for the agreed group size.
The Counterparty ensures that all information indicated by UtrechtBootVerhuur as necessary, or which the Counterparty should reasonably understand to be necessary for the execution of the agreement, is provided to UtrechtBootVerhuur in a timely manner. This explicitly includes allergy information of the Counterparty's guests and their companions. Any damage and/or delay caused by the Counterparty's failure to provide the necessary information to UtrechtBootVerhuur in time will be borne by the Counterparty.
Upon confirmation of the cruise, the Counterparty informs UtrechtBootVerhuur of the exact number of passengers, insofar as not already known to UtrechtBootVerhuur. If more passengers are present at the start or during the cruise than reported, additional costs will be charged. If the number of passengers exceeds the maximum capacity of the vessel, UtrechtBootVerhuur has the right to refuse passengers. If fewer passengers are present than agreed, the rate will not be adjusted downward accordingly.
UtrechtBootVerhuur may set rules regarding the behavior of the Counterparty and their guests. If it appears that the Counterparty (or a person from the Counterparty's group) does not behave in accordance with these behavioral rules of UtrechtBootVerhuur and the behavioral rules on the water of the municipality of Utrecht, UtrechtBootVerhuur reserves the right to immediately terminate the agreement with the Counterparty. In such a case, there is no right to a refund of already paid amounts.
On board, the skipper/host of UtrechtBootVerhuur is in charge. During the cruise, UtrechtBootVerhuur reserves the right to interrupt the cruise and/or deviate from the discussed route if, in the opinion and judgment of the skipper of UtrechtBootVerhuur, irresponsible or unsafe situations occur or if the stipulated conditions or rules are not followed. The skipper will warn the passengers once. If this does not lead to the desired effect, the skipper will immediately terminate the cruise.
The behavioral rules on the water of the Municipality of Utrecht apply to all our cruises. Urinating in public, jumping overboard, swimming, and throwing waste or objects overboard are strictly prohibited.
A Counterparty who is not present at the agreed time to start the cruise has no right to compensation in the form of making up for the missed cruise time or a refund.
It is only allowed to bring your own drinks and/or food on UtrechtBootVerhuur cruises with explicit permission from UtrechtBootVerhuur.
However, it is explicitly not allowed to consume excessive amounts of alcohol on board. Drunkenness on board is not accepted. Persons who are under the influence of alcohol at the start of the cruise will be denied access to the boat. The skipper of UtrechtBootVerhuur is authorized to remove intoxicated individuals from the boat or even to terminate the entire cruise if he/she believes the situation is unsafe.
If UtrechtBootVerhuur provides catering at the request of the Counterparty, the Counterparty must ensure that UtrechtBootVerhuur receives the order well in advance. The Counterparty must also ensure timely (advance) payment for the catering. Drinks are invoiced based on the purchase of individual drinks or based on a drink arrangement. Up to 7 days before the start of the cruise, the number of persons can be adjusted downward by 10% by the Counterparty. Changing the number of persons is only binding if confirmed in writing by UtrechtBootVerhuur.
The possibility of ordering arrangements is subject to availability, as UtrechtBootVerhuur depends on third parties for this. UtrechtBootVerhuur reserves the right to cancel, reschedule, or make another proposal for this placed request.

It is possible that UtrechtBootVerhuur takes photo or video material during the cruise. By agreeing to these general terms and conditions, you agree that UtrechtBootVerhuur may use this material for commercial purposes.

Article 4. Prices and Payment

All prices or hourly rates used by UtrechtBootVerhuur, as well as the prices or rates stated in offers, quotations, price lists, etc., include VAT and other government levies, unless otherwise indicated.
If a price-determining factor changes after the conclusion of the agreement, UtrechtBootVerhuur is entitled to adjust the agreed price accordingly.
UtrechtBootVerhuur may increase the agreed rate if, during the execution of the activities, it appears that the originally agreed or expected amount of work was underestimated to such an extent that it cannot reasonably be expected of UtrechtBootVerhuur to perform the agreed activities at the originally agreed rate.
Invoices must be paid within 2 weeks after confirmation of the cruise. If the cruise takes place within 3 weeks after confirmation, payment must be made within 72 hours. Payment is made in euros via the payment link sent by email or transfer to a bank or giro account designated by UtrechtBootVerhuur. Objections to the amount of invoices do not suspend the payment obligation.
If the Counterparty has not paid within the term stated on the invoice, UtrechtBootVerhuur is entitled, after reminding the Counterparty at least once to pay, without further notice of default and without prejudice to other rights, to charge the statutory interest on the invoice amount from the due date until full payment. If the Counterparty is required to pay in advance and fails to do so in time, UtrechtBootVerhuur is entitled to suspend or cancel the execution of the agreement.
If the Counterparty is in default or fails to fulfill its payment obligations, all reasonable costs incurred to obtain payment – both judicial and extrajudicial – will be borne by the Counterparty. In any case, the Counterparty owes collection costs in the case of a monetary claim.
Payments made by the Counterparty always serve to settle, in the first place, all due interest and costs, and in the second place, of due invoices that have been outstanding the longest, even if the Counterparty states that the payment relates to a later invoice.
In the event of liquidation, bankruptcy, or suspension of payment of the Counterparty, the claims of UtrechtBootVerhuur and the obligations of the Counterparty towards UtrechtBootVerhuur become immediately due and

Article 5. Cancellations, No-Show, Suspension and Termination

Agreements can be canceled with the consent of UtrechtBootVerhuur and in accordance with the provisions of this article.
Failure of the Counterparty to be present at the agreed time and place (no-show) will never be considered a valid cancellation. The Counterparty will owe 100% of the agreed rate. UtrechtBootVerhuur will wait 30 minutes at the agreed location and time. If the Counterparty and guests have not arrived after 30 minutes, it will be considered a no-show and full costs are due.
Cancellation of a non-binding request is free of charge until the trip is confirmed. For confirmed bookings, the following cancellation fees apply:
- Immediately after confirmation: 25% of the agreed rate
- 4 weeks or less before departure: 50% of the agreed rate
- 2 weeks or less before departure: 100% of the agreed rate and any additional costs already incurred by UtrechtBootVerhuur
In case of severe weather, UtrechtBootVerhuur offers cancellation options on the day of the trip. Severe weather means continuous rain with strong wind and/or thunderstorms, to be determined by UtrechtBootVerhuur on the day itself. In such cases, 50% of the agreed rental price will be charged, plus any catering or other costs already incurred. The trip can be rescheduled free of charge, but catering and third-party costs must still be paid. No refund is given.
Cancellation and rescheduling costs are due and payable in the same way as regular invoices.
If the agreement is canceled by UtrechtBootVerhuur, UtrechtBootVerhuur will, in consultation, ensure the transfer of remaining work to third parties, unless the reason for cancellation lies with the Counterparty.
If the Counterparty does not (fully) meet their obligations, UtrechtBootVerhuur has the right to suspend or terminate the agreement without a notice of default or court intervention. This is without prejudice to UtrechtBootVerhuur’s right to claim damages. The same applies if UtrechtBootVerhuur has good reason to believe the Counterparty will not meet their obligations.
If the Counterparty:
- Is declared bankrupt, files for suspension of payment or loses control over their assets
- Dies or is placed under guardianship
- Fails to pay an invoice on time
- Discontinues or transfers (part of) their business
UtrechtBootVerhuur has the right to consider the agreement terminated without notice or court involvement. All claims become immediately due.

Article 6. Liability of UtrechtBootVerhuur

If UtrechtBootVerhuur is liable, this liability is limited as described in this article. These limitations do not apply in cases of intent or gross negligence by UtrechtBootVerhuur or its subordinates.
UtrechtBootVerhuur is not liable for damages resulting from incorrect or incomplete information provided by the Counterparty or guests, unless UtrechtBootVerhuur should reasonably have known. The Counterparty is responsible for providing necessary details like dietary preferences.
UtrechtBootVerhuur is not liable for personal injury or consequential damages of any kind before, during or after the boat trip.
UtrechtBootVerhuur is not liable for lost or damaged belongings of the Counterparty on board.
Liability is limited to direct damages caused by a demonstrable failure to meet obligations. Direct damages include:
- Reasonable costs to determine the cause and extent of damage
- Costs to repair defective performance, if attributable
- Costs to prevent or limit further damage
UtrechtBootVerhuur is never liable for indirect damages, including loss of profit, missed savings or business interruption. Nor is it liable in force majeure situations.
If UtrechtBootVerhuur is liable, liability is limited to the amount paid out by its insurer. If no insurance applies, liability is limited to the invoice value of the relevant part of the agreement.
The Counterparty indemnifies UtrechtBootVerhuur against third-party claims related to the agreement.

Article 7. Liability of the Counterparty

In case of recklessness, negligence or failure to follow instructions from UtrechtBootVerhuur, the Counterparty may be held fully liable for all resulting damage, regardless of UtrechtBootVerhuur’s insurance.
The Counterparty and their guests or companions are jointly and severally liable for all damages caused directly or indirectly to UtrechtBootVerhuur through breach of contract or unlawful acts (including violation of these general terms), as well as damage caused by property under their control.

Article 8. Force Majeure

UtrechtBootVerhuur is not obliged to fulfill any obligation if hindered by a situation beyond its control and not attributable by law, legal act or common opinion. During force majeure, obligations are suspended. If this lasts longer than two months, both parties may terminate the agreement without compensation. For partial performance, the Counterparty must still pay for services already delivered.
Force majeure includes, but is not limited to: external causes, whether foreseeable or not, that prevent UtrechtBootVerhuur from fulfilling its obligations. Examples: strikes (internal or external), fire, traffic disruptions or illness. Weather conditions are explicitly excluded — these are governed by article 5.4.

Article 9. Complaints

Complaints must be submitted in writing and with motivation within five working days after the issue occurred.
UtrechtBootVerhuur will respond in writing within 14 days with a motivated reply. If a complaint is justified, UtrechtBootVerhuur will still perform the service as agreed, unless the Counterparty indicates this is no longer meaningful. If rectification is not possible, UtrechtBootVerhuur’s liability remains limited to article 6.
Complaints do not suspend the Counterparty's payment obligation.

Article 10. Governing Law and Competent Court

All agreements between UtrechtBootVerhuur and the Counterparty to which these terms apply are governed by Dutch law.
Disputes that cannot be resolved amicably will be exclusively submitted to the competent court in the district of Midden-Nederland.