Terms and Conditions
ADAM’S BOATS B.V. GENERAL TERMS AND CONDITIONS
Adam’s Boats B.V. are registered with the Chamber of Commerce with number 65135733.
Article 1. General
Unless otherwise defined in these terms and conditions, all terms used shall have the following definitions;
Adam’s Boats:Adam’s Boats B.V., user of these general terms and conditions. Adam’s Boats rents out vessels.
Lessee: each natural person who enters into an agreement with Adam’s Boats, or who receives an offer which is governed by these general terms and conditions. If Lessee is a legal entity, please refer to the general terms and conditions for commercial use.
These general terms and conditions are applicable to all Adam’s Boats’s (rental) agreements. The Lessee’s agreement without any remarks is presumed to be in acceptance of these general terms and conditions.
Each individual deviation from these Terms and Conditions must be explicitly agreed in writing. Any deviation from these terms and conditions shall apply only to that specific case and to that specific deviation.
If a situation occurs that is not described in these terms and conditions, this shall be judged in the spirit of these general terms and conditions.
Adam’s Boats may amend the present conditions. Amendments shall also apply to agreements already entered to. Adam’s Boats shall announce any such amendments well in advance. The Lessee may terminate the agreement as per the date on which the amended conditions will take effect, it the Lessee does not wish to accept such amended conditions.
Article 2. General rules
Adam’s Boats rents out vessels. Lessee shall behave in accordance with these general rules and will at all times bear responsibility for the all passengers to comply with all general rules. Should Lessee (or a person in Lessee’s party) not comply with the general rules, then Adam’s Boats is entitled to terminate the agreement with Lessee with immediate effect. In such event, there will be no right of restitution for any amount paid.
General opening hours of Adam’s Boats are: Monday to Sunday, Amsterdam Mauritskade: 10:00 a.m. to 10:00 p.m., Amsterdam E-Harbour 10:00 a.m. to 11:00 p.m. Adam’s Boats reserves the right to apply special rates on King’s Day, the Gay Pride, the Prinsengrachtconcert and SAIL.
Lessee should be 18 or older.
Vessels are suitable for carrying up to 12 people. Should Lessee decide to allow more people on the vessel, all subsequent consequences are at risk and expense of Lessee.
It is prohibited to take a sound system with you on board, even if turned off. The boat can be denied if a sound system is brought on board.
Vessels may not be operated while under the influence of alcohol and/or drugs.
Lessee shall not leave vessel unattended while vessel is still activated.
Safety above all, never take risks.
Always stay on the starboard (right) side and maintain such a speed that no unnecessary beating of the waves is caused. Always abide by the maximum speed limits.
Commercial shipping (including round-trip boats) always have right of way.
Make sure that others can see which way you are going. Approach bridges in such a way that your are visible for any oncoming traffic.
You may not operate a vessel while under the influence of drugs and/or alcohol.
If you are sailing in Amsterdam, you are not allowed on the IJ and the Kostverlorenvaart. Your are allowed to cross the Kostverlorenvaart. When you do, make sure to take extra care because of commercial shipping there.
You may not moor the vessel to trees, under or at bridges and at places at which prohibition signs apply.
People live on and at the water, respect their privacy. Please make sure not to cause any (noise) nuisance, this includes the dock-area.
Amplified sound is not permitted on Adam’s Boats boats or at the Adam’s Boats dock.
The blue cushions are life-saving appliances and are obligatory to bring along on board. 1 cushion is suitable for 2 persons.
Article 3. The rental period: beginning, extension, end
The rental period begins at the prior arranged time. A Lessee who is not present at said time to collect the vessel is not entitled to compensation by adjustment of the rental period to a later time.
Should Lessee wish to extend the rental period during the rental period, he should first contact Adam’s Boats by telephone (00316 1431 6465). Should an extension be possible (Adam’s Boats is entitled to refuse extensions) the regular rate (see Adam’s Boats website) applies. Adam’s Boats will then extend the rental period as requested.
Should Lessee not return the vessel at the stipulated time, all extra time will be charged double. Lessee is also responsible for reimbursement of all damages incurred by Adam’s Boats as a result of the late return of the vessel.
Lessee will return the vessel clean and without garbage to Adam’s Boats at the end of the rental period. Should the vessel be returned in a dirty state, Lessee may have to pay cleaning fees.
When the vessel is returned, Lessee shall moor the vessel properly using the intended ropes and carbine hooks. Lessee will also attach the plug to the socket so the vessel will immediately begin to charge for the next use.
When the Lessee does not use the full reserved time and brings the boat back early the Lessee can not get a refund for time not used, unless agreed upon explicitly with Adam’s Boats (info@Adam’s Boats.nl)
The Lessee must return the vessel to the pickup point of the reservation, if not explicitly agreed upon another return location, extra costs will be charged accordingly.
Article 4. Obligations Adam’s Boats and Lessee
At the beginning of the rental period, Adam’s Boats will make sure that Lessee has the disposal of said vessel. Adam’s Boats will make sure that the vessel is in appropriate condition and the safety features as agreed on are available. Adam’s Boats’s vessels will be suitable for their intended use.
Adam’s Boats will also make sure the vessel is properly insured (third party insurance, body, theft) for the area in which the ship will be used according to the agreement.
Lessee is not allowed to surrender the vessel to a third party. Lessee will remain responsible at all times until the vessel is moored at the Adam’s Boats dock. Should the vessel be, activated or not, be moored/ left behind somewhere other than at the Adam’s Boats dock, the full deposit of €150 will be kept. Any further recovery costs will be charged to Lessee as well.
Lessee will abide by all applicable rules. Should Lessee not be aware of all sailing rules, Lessee should contact Adam’s Boats. Lessee is assumed to have all skills necessary for safe sailing.
Lessee will check prior to departure whether all necessary safety equipment is on board. Should this not be in order, Lessee is to contact Adam’s Boats before departing.
Lessee will take care of the vessel with due diligence and may only use it for purposes suitable to the nature of the vessel. Lessee may not make any adjustments to vessel. Any repairs will be done by Adam’s Boats unless agreed upon otherwise.
Adam’s Boats reserves the right to charge the deposit when Lessee brings a vessel back in a dirty state. Adam’s Boats reserves the right to charge the deposit when Lessee or someone from Lessee’s party has conducted him- or herself in a misbehaving fashion on Adam’s Boatss boats or dock.
Lessee will use the vessel according to the directions/ instructions given by Adam’s Boats and/or the manuals. Lessee will be liable for all damages resulting from not (fully) complying with the directions/ instructions by Adam’s Boats or the manual.
Lessee will make sure Adam’s Boats is able to contact the Lessee at the provided telephonenumber in the reservation form, unless explicitly agreed upon otherwise.
At the end of the rental period, Lessee will surrender the vessel to Adam’s Boats at the agreed place and time. The vessel, including its inventory, shall be retuned in the same state as it was at the beginning of the rental period.
Article 5. Deposit and payment
Lessee will pay a deposit of € 150.00 to Adam’s Boats. This deposit will be returned to Lessee within 10 working days. When making a reservation, Lessee will pay the agreed on rental rate to Adam’s Boats.
Adam’s Boats is entitled to fully or partly keep the deposit in case of damage or when Lessee does not return the vessel to Adam’s Boats at the agreed upon time or in case of extension. Extra sailing time will be settled with the deposit in proportion in which 15 minute time-blocks will be used.
Adam’s Boats is entitled to fully of partly keep the deposit in case Lessee (or a person in Lessee’s party) does not comply with the general sailing rules (article 2.9).
Should Lessee not pay any rent due he is assumed to be in default. Adam’s Boats may then terminate the rental agreement and retrieve the vessel immediately. Adam’s Boats is entitled to charge the legal interest on the amount due. Any costs Adam’s Boats incurs – both judicially and extra judicially – in the process of obtaining Lessee’s payment, are at Lessee’s expense.
Discountcodes : Only 1 discount code can be used per booking. Discount codes are not to be combined but can only be used separately.
Article 6. Damage and liability
All vessels are insured for damage. Lessee will pay a deposit to Adam’s Boats, which will serve as reimbursement for the policy excess.
In case of damage Lessee shall inform Adam’s Boats immediately. Should damage not be reported (immediately) the full deposit will be held, regardless of the actual amount of damage. Should the damage exceed the deposit, any additional amount will be recovered from Lessee. When Adam’s Boats isn’t informed of any incurred damage Lessee is to use his own insurance.
In case of non-fulfillment of these general rules by Lessee can lead to full liability for damages and any subsequent costs.
In case of recklessness, negligence and/ or the non-fulfillment of any directions by Adam’s Boats, Lessee may be held fully responsible for any subsequent damages without Adam’s Boats appealing to its insurance.
Lessee is liable for damage to the vessel as well as any damages caused by him or any member of his party to a third party within the rental period as far as these are not covered by the insurance.
Lessee is fully liable for all (subsequent) damage he causes should the Lessee use the vessel outside the agreed-upon area of sailing.
Should the vessel not be returned in the same state as it was, Adam’s Boats is entitled to have the vessel brought back to that same state at Lessee’s expense, unless said expenses are covered by Adam’s Boats’s insurance, in which case Lessee is only due to pay the policy excess (=the deposit).
Adam’s Boats cannot be held liable for any personal injury or (subsequent) damage, regardless of the cause of said injury or damage, prior to, during, or resulting from the agreement between Adam’s Boats and Lessee, unless it is firmly established that this injury or damage was caused by Adam’s Boats or its subordinates through intent or gross negligence. Adam’s Boats’s liability is always limited to at most the amount of the rental agreement.
Adam’s Boats is not liable for the loss and/or damage to any items brought onto the vessel by Lessee.
Article 7. Cancellations
A vessel which is reserved can be cancelled up to 48 hours before the start of the reservation without reason given. Lessee is then due 25% of the agreed on rental fee to Adam’s Boats. Only when ‘The Royal Netherlands Meteorological Institute’ (KNMI) issues a warning or alarm regarding the expected weather, and if this is done for the province in which the area of sailing is located, the reservation can be rescheduled to another date/time, to be determined. The amount paid will be considered as a credit and is non-refundable. Please note that reservations for Kingsdag & Gaypride can not be cancelled under any circumstance(s).
Cancellation within 48 hours is not allowed unless the KNMI (Royal Dutch meteorological institute) issues a weather alarm (KNMI Code RED), and if this is done for the province in which the area of sailing is located. In case of cancellation due to a KNMI Code RED, Lessee is due 25% of the agreed on rental fee to Adam’s Boats. In this case Lessee is also allowed to postpone the reservation free of charge, on the condition that the payment for the cancelled reservation will be changed to a credit for a new reservation. There will be no restitution of paid amounts.
If you would like to cancel your reservation, then please mail us at firstname.lastname@example.org.
Article 8. Force Majeure
Adam’s Boats is not required to comply with any obligation if prevented from doing so as a result of a circumstance that is beyond their control and for which they cannot be held accountable by virtue of the law, a juristic act or generally accepted views. Adam’s Boats can suspend it’s contractual obligations during the period of force majeure. If the period of force majeure lasts for longer than two months, either party shall be entitled to dissolve the contract without being obliged to pay any compensation for damages to the other party. In this case, Adam’s Boats will remain entitled to demand payment for the services it supplied with respect to the performance of the contract before the circumstances that caused the force majeure became apparent.
In these general conditions, force majeure is defined – in addition to that which is deemed as such by law and legal precedent – as all circumstances, foreseen or unforeseen, that are beyond the control of Adam’s Boats but which prevent Adam’s Boats from meeting his obligations. That includes strikes at Adam’s Boats’s business. Adam’s Boats is entitled to invoke force majeure if the circumstances rendering (further) fulfillment of the obligations impossible commence after the point in time on which Adam’s Boats should have fulfilled his obligations.
Article 9. Complaints and disputes
Any complaints should be reported to Adam’s Boats in writing within reasonable time.
All legal relationships between Adam’s Boats and the Lessee to which these terms and conditions apply shall be governed by the laws of the Netherlands. In the absence of mandatory rules of law to the contrary, the court in Amsterdam has exclusive competent jurisdiction.
© Adam’s Boats 2019