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General Conditions

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HW YACHTCHARTER V.O.F.

GENERAL CONDITIONS HIRING AND RENT PLEASURE VESSELS FOR RECREATION AIMS

DEFINITONS

Article 1

In these conditions it is understood under:

a. The letter: HW YACHTCHARTER V.O.F.: Which put commercially pleasure vessels against payment available to third parties;

b. The tenant: He(naturally person) that, is not acting in the exercise of a profession or company (consumer) against payment in use does not have pleasure vessels of third parties;

c. The lease agreement: The agreement where the letter links himself giving the tenant against payment a vessel in use without crew;

THE OBLIGATIONS OF THE LETTER

Article 2

At the start of the hiring period the letter transfers the vessel to the tenant. The letter ensures that the vessel finds oneself in good state, which it can serve for the use for which it is intended and that is provided with security equipment for the agreed sailing area, and also ensures the letter for a good insurance of the vessel.

THE OBLIGATIONS OF THE TENANT

Article 3

The tenant uses the vessel as a good house father and well captain and in accordance with the aim (as pleasure vessel). The tenant cannot introduce changes in the vessel. The tenant cannot give the vessel in use to third parties without written authorization of the letter.

Article 4

At the end of the hiring period the tenant transfers the vessel to the letter on the agreed time and place and in the same state in which he has received.

Article 5

The costs that are related direct to the use of the vessel, such as port-, bridge-, quay-, lock-, and mooring ledges and costs for fuel and gas, are at the expense of the tenant.

Article 6

The tenant needs for performs or repairing authorization of the letter. The letter pays back the tenant the repairing costs if specified receipts can be reproduced. The costs of the normal maintenance and convalescence of lacks are at the expense of the letter.

Article 7

1. The tenant must damage of which nature thus, or facts and/or circumstances which can lead to damage, report to the letter as soon as possible. The tenant must stick to the modifications from the letter to conservation of the vessel and to conservation of the rights of the letter.

2. Not following of the facts in paragraph 1 can lead for the tenant to complete responsibility for damage and costs.

THE LIABILITY

Article 8

1. The tenant is responsible for damage and/or loss of the vessel, as far as not covered by the insurance, commenced during the time that he has the vessel under itself. The tenant is not responsible if he can show that damage and/or loss not has been caused by him or by one of its crew, or to him and/or the crew are not attribute. Under damage is also understood consequence damage.

2. The letter cannot be put responsible for some physical lesion/accident, unless the cause of the physical lesion/accident is the consequence of a lack of the vessel.

IN OMISSION AND NON-FULFILMENT

Article 9

If the letter does not comply with his obligations on account of the lease, the tenant can consider the lease without intervention of the judge as dissolved.

The letter must pay back then immediate all already paid amounts. The tenant can also claim compensation of possible by him suffered damage, unless the shortcoming on the side of the letter last mentioned cannot be attributed.

The above is not considered when the letter has proposed a for both parties reasonable alternative.

Article 10

1. If the vessel is transferred later than the agreed time at the agreed place, than the letter has the right to a proportional multiplication of the hiring sum and on compensation of further damage, unless the later refund cannot be attributed to the tenant.

2. If the vessel by the tenant has not been received in the same sate as in which he has it transferred, or if he has not acted in accordance with Article 13 of these conditions, the letter has been entitled to repair the vessel in the state as which it was himself at the start of the hiring period at the expense of the tenant. This last does not apply when meant costs have been covered by the insurance.

Article 11

1. If the tenant does not satisfy the chargeable claimable hiring, or with the failing of the fulfillment of an obligation in pursuance of the lease agreement. The letter can then consider the lease without intervention of the judge as dissolved and the letter can immediately claim the ship for itself.

2. In case the tenant is in absence with payment, the letter has been entitled to charge an interest of 1% on monthly basis concerning the chargeable amount for the tenant. This interest is calculated as from the decline day, where a part of a month for a complete month is calculated.

3. If one of the parties is obliged to call upon legal assistance concerning a dispute which is related to the lease agreement closed between them is the in absence party whether the unequal put party (likewise) chargeable to the legal assistance linked costs. These outside beneficiary collecting costs amounts to 15% of the amount chargeable by the one party with a minimum € 125,- to enlarge with the actual made lends, unless the opposing party proves that it could have been fulfilled with a lower minimum.

CANCELLATION AND PUBLICITY

Article 12

If the tenant wants the lease to be cancelled, he must inform the letter as soon as possible of this in writing. The letter will cooperate in case of cancellation to find a new tenant. If that succeeds, the letter can charge 20% of the agreed rent with a minimum of € 50,- to the tenant. If the vessel cannot be let again or only partial, the tenant remains whole or to proportionality chargeable for the rent.

Article 13

Complaints concerning the implementation of the lease must (in writing and) considerably defined to be notified of the letter ten days after the tenant has the complaint ascertained of has been possible observed. The impact of not swift publicity comes at the expense of the tenant.

DISPUTES AND THE JUDGE

Article 14

1. To all disputes concerning the lease agreement applies the Dutch law. Exclusively a Dutch court is competent of taking knowledge of these disputes.

 

General Conditions

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