Private company under regular regime Fun Boat Amsterdam (hereinafter referred to as: Fun Boat Amsterdam) is registered with the Chamber of Commerce under number 71232532 and holds its corporate seat at the Solebaystraat 86-3 in Amsterdam.
Article 1 – Definitions
In these general terms and conditions, the following terms are used in the following meaning, unless expressly indicated otherwise:
1.1 Fun Boat Amsterdam: The landlord, Fun Boat Amsterdam, trading under the name Fun Boat Amsterdam.
1.2 Tenant: Any natural or legal person to whom Fun Boat Amsterdam has made an offer or with whom an agreement was entered.
1.3 Parties: Fun Boat Amsterdam and the tenant together.
1.4 Passengers: Tenant and the passengers who sail with or on behalf of the tenant.
1.5 Services: Fun Boat Amsterdam by renting out a manned vessel.
1.6 Vessel: The vessel that Fun Boat Amsterdam offers its services to the tenant.
1.7 Staffed Vessel: A vessel with a skipper provided by Fun Boat Amsterdam, which is responsible for the rental period for controlling the vessel.
Article 2 – Applicability
2.1 These Terms and Conditions shall apply to any tender offer and agreement of Fun Boat Amsterdam or the tenant.
2.2 Any person who uses the services of Fun Boat Amsterdam and/or a vessel of Fun Boat Amsterdam is considered to have read these Terms and Conditions.
2.3 Deviations from these General Terms and Conditions are only possible if Fun Boat Amsterdam provides prior written and explicit consent.
2.4 The applicability of general conditions of the tenant is expressly excluded, unless accepted in writing and explicitly by Fun Boat Amsterdam.
2.5 If one or more provisions of these Terms and Conditions are void or voidable, the remaining provisions of these Terms and Conditions apply in full.
2.6 Fun Boat Amsterdam reserves the right to modify the provisions in these Terms and Conditions, depending on the circumstances reasonably require. The tenant now accepts for then the Terms and Conditions which will be amended on the basis of this provision, and the lessee shall be binding in respect of the agreements concluded between parties after the tenant has been informed by Fun Boat Amsterdam of this change.
2.7 Any changes and/or additional agreements to the contract and/or these Terms and Conditions shall become binding only if in writing and explicitly confirmed by Fun Boat Amsterdam.
Article 3 – Conduct
When entering into an agreement between the parties, the tenant must abide by and guarantee that passengers adhere to the following rules of conduct:
3.1 All use of the vessel is at your own risk and expense.
3.2 The use of a vessel is permitted only within the Amsterdam backwater, consisting of the canals and the Amstel River.
3.3 The tenant shall strictly comply with all laws and regulations relating to navigation in the region.
3.4 The tenant represents and warrants that the maximum number of passengers on board the vessel at any time will not exceed the capacity of the vessel.
3.5 The tenant declares that passengers under eighteen years of age will not consume alcohol and/or drugs on board the vessel.
3.6 It is only permitted to sit in the boat while sailing; other positions are not allowed.
3.7 The use of a vessel is not allowed to leave it unattended.
3.8 It is not allowed to throw garbage overboard; passengers must clean the vessel after completion of the rental period.
3.9 The use of fireworks is prohibited on board the vessel or on the dock of Fun Boat Amsterdam.
3.10 The use of materials that can damage the interior of a vessel is not permitted.
3:11 Wearing shoes with heels is not permitted.
3:12 All children under eight years and all children who do not possess a swimming certificate are required to wear a life jacket on board the vessel and on the quay.
3.13 The tenant and passengers should always consider other boaters and residents of the area, and causing any kind of (noise) nuisance is not permitted.
3:14 (House) animals in/on the goods used by Fun Boat Amsterdam, including jetties and boats, are not allowed.
3:15 Bringing and consuming personal drinks is prohibited without prior permission from Fun Boat Amsterdam.
3.16 The tenant is not allowed to rent the vessel (bottom).
3.17 The tenants and passengers must promptly follow all directions of Fun Boat Amsterdam and its employees.
Article 4 – Offer and Conclusion of Agreement
4.1 All offers made by Fun Boat Amsterdam and deals are valid for a period of 30 days unless otherwise indicated.
4.2 Fun Boat Amsterdam is only bound to offers and/or quotations if the acceptance thereof is confirmed in writing within that period by the tenant.
4.3 Fun Boat Amsterdam cannot be held to its offer and/or offer if the tenant reasonably should understand that the quotation and/or offer, or any part thereof, is an obvious mistake or error.
4.4 The tenant must provide a copy of a valid ID to Fun Boat Amsterdam at the inception of the lease.
Article 5 – Implementation of the Agreement
5.1 Fun Boat Amsterdam strives to perform its best knowledge and ability in the agreed services.
5.2 Fun Boat Amsterdam reserves the right to have certain parts of the services provided by third parties.
5.3 Prior to the use of a vessel, each passenger must sign a declaration, declaring to enter the vessel at their own risk and providing a safeguard to Fun Boat Amsterdam.
5.4 Fun Boat Amsterdam may choose to provide a different vessel than shown in photos or agreed upon, provided it is suitable for the number of persons for which a reservation has been made.
5.5 If the tenant is not present at the agreed time and location, the sailing time may be shortened. If the tenant is not present within 30 minutes after the agreed time, Fun Boat Amsterdam has the right to terminate the agreement and charge compensation equal to the agreed rental fee.
5.6 The tenant is responsible for providing accurate and complete information to Fun Boat Amsterdam for the execution of the agreement.
5.7 The tenant is not allowed to use any intellectual property of Fun Boat Amsterdam, including but not limited to intellectual property rights in respect of the Fun Boat Amsterdam website, the name, and logo of Fun Boat Amsterdam.
5.8 The tenant is not allowed to use any confidential information regarding Fun Boat Amsterdam, its vessels, and/or other confidential information.
Article 6 – Price and Payment Terms
6.1 All quotations from Fun Boat Amsterdam and all amounts charged to tenants include VAT and are in euros.
6.2 Payment must be made in accordance with the payment terms stated on the invoice and/or confirmation.
6.3 The tenant is in default if the payment has expired, and Fun Boat Amsterdam is entitled to charge statutory interest.
6.4 Fun Boat Amsterdam reserves the right to require payment in advance from the tenant.
6.5 By cashless payments, the date of payment is the day of crediting the giro account of Fun Boat Amsterdam; for cash payment, only the receipt issued by Fun
