Document 42267

PLEASURE CRUISER/YACHT LEASE CONTRACT
For the lease of a vessel without a skipper.
Both contracts must bear authentic signatures of the parties. Do not sign the contract before you have read it through
properly. The items marked with a cross will be binding on both parties.
1. The parties
A. Lessor of the pleasure cruiser/yacht
4. Price, deposit and payment
Name/trade name
Total price
Address line 1
Amount in words
Address line 2
Telephone number
Advance
payment
Outstanding
amount to be
fax
Full name
euros
€
Outstanding
amount
€
paid at the start of the lease term
in
Address line 1
instalments of €
on the due date
method of
payment
Address line 2
Telephone number
fax
The parties to this contract, A. the Lessor of the vessel, hereinafter the Lessor and B. the
Lessee of the vessel, hereinafter the Lessee, hereby declare that they are entering into this
lease contract under the following terms and conditions.
□ Lessor’s account number
□ Cash
At the start of the lease term, the Lessee shall pay the Lessor a
returnable deposit. Said deposit shall be repaid without deductions
for administrative costs or suchlike to the Lessee, less whatever the
Lessee still owes the Lessor.
deposit
2. The lease
The parties hereby agree to the lease of a pleasure cruiser/yacht, hereinafter referred to as
the Vessel, with its fixtures, fittings and contents, of which both parties are aware. The
fixtures, fittings and contents in question are specified in an inventory within the Vessel.
Technical
type
data
sailing boat
motor boat
with cabin
€
Amount in words
euros
5. Insurance
The Lessor has taken out statutory third-party, fire and theft
insurance plus comprehensive hull insurance for the vessel. This
includes salvage costs.
Make/model
Name
Policy taken out
with
Registration number (if
available)
marked on
m.
m.
outboard
Policy number
width at widest
point
draught
inboard
diesel
m.
m.
electric
petrol (sort)
Make/model
Accessories/contents
Sails
including insurance premiums and
VAT if applicable
before (date)
B. Lessee of the pleasure cruiser/yacht
Total length
Height at highest point
(exc. mast)
Type of motor
€
Power
(1PK=0.74kW)
ship’s
boat/dinghy
ship-to-shore
radio
Number
Sails
kW
with cabin
Policy excess
€
6. Jurisdiction and dispute resolution
none
This contract has been drawn up under Dutch law. In the matter of
disputes, it is subject to the exclusive jurisdiction of Dutch courts,
or mediators established in the Netherlands appointed by both
parties.
7. Specific agreements
Supplementary to the above and non-contradictory to the
conditions of this contract.
Number
Main sail
Genoa
Foresail
Cruising chute
Storm jib
Spinnaker
Other
Damage visible at start of lease term
to fixtures/fittings/
contents
Maximum number of people on board
people
During voyage
3. Lease term
Lease term starts
-
-20…
at
(time)
8. Signatures
Thus agreed upon and signed in duplicate (Note: both contracts
must bear authentic signatures of the Lessee and Lessor).
and ends
-
-20….
at
(time)
(date)
(place)
Signature of Lessee
Signature of Lessor
Name/trade name
Address line 1
Address line 2
Page 1 of 3
Each party to retain one copy after signing.
Koninklijke Nederlandse Toeristenbond ANWB
PLEASURE CRUISER/YACHT LEASE CONTRACT
For the lease of a vessel without a skipper.
Both contracts must bear authentic signatures of the parties. Do not sign the contract before you have read it through
properly. The items marked with a cross will be binding on both parties.
1. The parties
A. Lessor of the pleasure cruiser/yacht
4. Price, deposit and payment
Name/trade name
Total price
Address line 1
Amount in words
Address line 2
Telephone number
Advance
payment
Outstanding
amount to be
fax
Full name
euros
€
Outstanding
amount
€
paid at the start of the lease term
in
Address line 1
instalments of €
on the due date
method of
payment
Address line 2
Telephone number
fax
The parties to this contract, A. the Lessor of the vessel, hereinafter the Lessor and B. the
Lessee of the vessel, hereinafter the Lessee, hereby declare that they are entering into this
lease contract under the following terms and conditions.
□ Lessor’s account number
□ Cash
At the start of the lease term, the Lessee shall pay the Lessor a
returnable deposit. Said deposit shall be repaid without deductions
for administrative costs or suchlike to the Lessee, less whatever the
Lessee still owes the Lessor.
deposit
2. The lease
The parties hereby agree to the lease of a pleasure cruiser/yacht, hereinafter referred to as
the Vessel, with its fixtures, fittings and contents, of which both parties are aware. The
fixtures, fittings and contents in question are specified in an inventory within the Vessel.
Technical
type
data
sailing boat
motor boat
with cabin
€
Amount in words
euros
5. Insurance
The Lessor has taken out statutory third-party, fire and theft
insurance plus comprehensive hull insurance for the vessel. This
includes salvage costs.
Make/model
Name
Policy taken out
with
Registration number (if
available)
marked on
m.
m.
outboard
Policy number
width at widest
point
draught
inboard
diesel
m.
m.
electric
petrol (sort)
Make/model
Accessories/contents
Sails
including insurance premiums and
VAT if applicable
before (date)
B. Lessee of the pleasure cruiser/yacht
Total length
Height at highest point
(exc. mast)
Type of motor
€
Power
(1PK=0.74kW)
ship’s
boat/dinghy
ship-to-shore
radio
Number
Sails
kW
with cabin
Policy excess
€
6. Jurisdiction and dispute resolution
none
This contract has been drawn up under Dutch law. In the matter of
disputes, it is subject to the exclusive jurisdiction of Dutch courts,
or mediators established in the Netherlands appointed by both
parties.
7. Specific agreements
Supplementary to the above and non-contradictory to the
conditions of this contract.
Number
Main sail
Genoa
Foresail
Cruising chute
Storm jib
Spinnaker
Other
Damage visible at start of lease term
to fixtures/fittings/
contents
Maximum number of people on board
people
During voyage
3. Lease term
Lease term starts
-
-20…
at
(time)
8. Signatures
Thus agreed upon and signed in duplicate (Note: both contracts
must bear authentic signatures of the Lessee and Lessor).
and ends
-
-20….
at
(time)
(date)
(place)
Signature of Lessee
Signature of Lessor
Name/trade name
Address line 1
Address line 2
Page 2 of 3
Each party to retain one copy after signing.
Koninklijke Nederlandse Toeristenbond ANWB
Reasons for an ANWB Legal Services model contract
This ANWB model contract has been drawn up to offer lessors and lessees clarification of their legal position when leasing a boat without a skipper. In
drawing up this contract, we have taken into account the current legal requirements and assumed an even-handed legal relationship between both
parties. For that reason, any departure from this text can only be in favour of the lessee. Do not sign the contract before you have read it through
properly.
Conditions
9. The lessor’s obligations
a. The lessor shall notify the lessee of any sailing licences required before
entering into the contract. The lessor is obliged to make the boat available
under the following conditions;
b. it should be made available in good time and in a condition which
complies with legal provisions;
c. it should be in good condition including contents, and fixtures and
fittings, regardless of whether the lessor is aware of any defects;
d. if necessary, the requisite documentation for sailing abroad must be
provided, such as the lessor’s mandate, the ICP (≈ International Certificate
of Competence),a vlaggenbrief (for sailing on French waters) or a zeebrief
(for international waters outside Europe);
e. it should be stocked with drinking water, fuel supplies and gas tanks;
f. there should have been appropriate prior instruction about use of the
boat and the fixtures, fittings and contents, and, in particular, inspection
of the fluid levels in the batteries, the oil and lubricant levels;
g. there should be appropriate insurance in compliance with point 5
(front).
12. Breaches of contract
a. Should one of the parties breach any of its obligations arising from the
present contract, the other party shall be entitled to dissolve the contract
in whole or in part. This shall only be otherwise if the alleged breach is of
such an extraordinary nature or is indeed incidental to further
performance under the terms of the contract that dissolution would not
be justified. The party claiming a breach of contract shall also be entitled
to claim compensation for any damage, unless the other party is not
culpable for the breach of contract.
b. In the event of whole or partial dissolution due to a breach of contract
on the part of the lessor, he/she must reimburse any lease price
paid/deposit in whole or in part. If the breach of contract stems from the
lessor not making the boat available, or making it available late, the lessee
shall also be entitled to 25% of the lease price, without prejudice to the
right to claim compensation. If a breach of contract on the part of the
lessor spoils the holiday in whole or in part, the lessee shall have the right
to compensation.
c. If the lessee returns the boat later than agreed, the lessor shall be
entitled to a pro rata increase in the lease price and compensation of
further damage, unless the lessee is not culpable for the late return.
10. The lessee’s obligations
The lessee is obliged:
a. to pay the lease price and deposit charged including a cancellation
charge, if necessary, even if the boat is not used, or is used for a shorter
period than originally envisaged;
b. to use the boat carefully and appropriately, as a good skipper should, in
line with the instruction manual;
c. to follow the lessor’s instructions;
d. to refrain from sub-letting the boat or otherwise making the same
available to third parties;
e. to ensure that the requisite sailing licences and experience is available
on board;
f. to return the boat to the lessor in the same condition as it was at the
start of the lease period – except normal wear and tear.
13. Costs incurred during the lease
a. Costs directly associated with use of the boat (including harbour dues,
bridge tolls, mooring costs, overnight costs, lock fees and berthing charges,
and fuel costs, lighting etc. except butane canisters) must be paid for by
the lessee, unless they must be paid for by the lessor.
b. The implicit costs of normal maintenance and repair, tugging and
salvage arising from mechanical failure shall be borne by the lessor. If
these costs exceed an amount of €115, the lessor must first be contacted
in order to solicit permission for the same, unless this is impossible under
the circumstances. Itemised invoices should be presented before
reimbursement for said costs is made. The lessee must bring back any
spare parts for the lessor where possible.
11. Cancellation on the part of the lessee
a. Should the lessee wish to cancel, this must be done by registered mail.
b. On cancellation, the Lessee shall owe the following cancellation costs:
- 15% of the lease price if the lease is cancelled longer than three (3)
months prior to the start of the lease period;
- 50% of the lease price if the lease is cancelled longer than two (2) months
but not longer than three (3) months prior to the start of the lease period;
- 70% of the lease price if the lease is cancelled longer than one (1) month
but not longer than two (2) months prior to the start of the lease period;
- 90% of the lease price if the lease is cancelled between one day and one
month prior to the start of the lease period;
100% of the lease price if the cancellation is on the day the lease period is
due to start.
c. the lessor shall endeavour to rent out the boat for the same period or a
part thereof. If successful, the cancellation costs shall be off-set pro rata.
The lessor may retain € 25 and any additional costs to cover
administration associated with cancellation.
14. Damage
a. If the boat, (including its fixtures, fittings or inventory) is lost, stolen,
seized or damaged, the lessee shall negotiate with the lessor, unless this is
impossible under the circumstances. The lessee shall pay heed to the
lessor’s instructions.
b. The lessee is liable for the aforementioned damage and any associated
tugging and salvage costs, unless it is not culpable, or is covered by the
current insurance policy for the pleasure cruiser/yacht, or should have
been insured as a result of this contract.
ANWB members are on solid ground with ANWB Legal Services
This contract is one of the many ways in which ANWB Legal Services uses its expertise on behalf of members. Every year, the specialists in this ANWB
department help thousands of ANWB members if they are experiencing legal problems. It does not matter if the problems involve a collision, the feeling
of having been cheated or problems on holiday.
You can bank on expert advice from ANWB Legal Services,
Tel. +31 (0)70 3147788
Tips
•
•
•
•
•
If you make a payment (or pre-payment) in cash, always ask for a receipt from the lessor.
Our advice for potential lessees is to take out a cancellation policy to cover all eventualities within seven (7) days of signing a contract. Ask
the lessor for information or phone ANWB’s Advice, Service & Sales department at 0800-0503
Check the boat (as soon as you take possession) for damage and have the lessee sign again in token of agreement with the damage survey.
It is a good idea to check that the insurance policy taken out by the lessor covers damage incurred while the boat is on lease. If the insurance
policy excludes this, the lessee will, in principle, be liable for any damage incurred during the lease.
ANWB Legal Services’ advice to Lessees making foreign voyages is to take out an insurance policy with ANWB-travel insurance (part of the
Travel Aid Package) and an ICC (International Certificate of Competence).
Page 3 of 3
Koninklijke Nederlandse Toeristenbond ANWB
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