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