Terms and Conditions

These general terms and conditions were drawn up on July 9, 2012, and amended on May 23, 2018. If the tenant has received a version of these terms and conditions translated from Dutch and this results in discrepancies between the texts, the Dutch text shall prevail.

Definitions

For the purposes of these terms and conditions, the following definitions apply: Lessor: Greenjoy B.V. (for the Greenjoy locations in Friesland, this is HMF B.V.), operating under the name Greenjoy;
lessee: a natural person who, acting on their own behalf or on behalf of a group, and not in the course of a profession or business (consumer), enters into the agreement with the lessor; rental agreement: the agreement whereby the lessor undertakes to make an unmanned vessel available to the lessee in exchange for payment; vessel: the entire vessel, including all built-in electronics.

General Rules

The lessor rents out boats for a full day or part of a day. In all cases, the vessels must be returned to the rental location before sunset, unless otherwise agreed in writing in advance. The maximum number of people allowed per boat must never be exceeded. This number may vary by location and will be clearly stated at the time of booking. The minimum age to rent and/or operate a boat from the rental company is 18 years. It is prohibited to operate the rental company’s boats while under the influence of alcohol and/or drugs. The use of confetti, fireworks, rice, and the like is not permitted on board. No trash may be thrown overboard or left on the dock. If the renter leaves the vessel or the dock dirty, the renter will be charged a cleaning fee of at least 50 euros.

The renter must ensure that they cause as little disturbance as possible to others on the water and to nearby residents, and that they minimize their impact on the environment. Live music and/or electrically amplified music on board is not permitted.

At dusk, you are required to use the provided light in a visible manner. You are not permitted to leave the vessel unattended.

In case of inclement weather (visibility of 50 meters or less, persistent rain, thunderstorms, or a storm, or a Code Orange weather alert in the relevant region), the lessor reserves the right to reschedule the reservation or offer a reasonable alternative. This usually happens shortly before departure (0–60 minutes), as the weather can be highly changeable.

The lessor may terminate the agreement without court intervention and immediately repossess the vessel if the lessee fails to comply with the general terms and conditions. In such a case, the lessee is still obligated to pay the rental fee.

Navigation Rules and Navigation Area for Greenjoy

The lessor’s vessels may be used on inland waterways (within a maximum radius of 15 km from the rental location). Taking the vessels outside this area is not permitted. For the safety of the renter and fellow passengers, it is strictly prohibited to navigate the lessor’s vessels through the locks at Spaarnedam (Haarlem location) or beyond. The renter must navigate on the right-hand side as much as possible. The renter must obey traffic signs and traffic lights. The renter must at all times be mindful of other waterway users, particularly near bridges, intersections, and narrow sections. This also means not taking turns too wide. It is prohibited to moor under and/or near bridges, at the corners of waterways, and alongside houseboats. Sightseeing boats, cargo ships, other commercial vessels, and (other) vessels longer than 20 meters have the right of way at all times.

Landlord’s Obligations

At the start of the rental period, the lessor shall hand over the vessel to the lessee. The lessor shall ensure that the vessel is in good condition and that it is fit for its intended use. Before the start of the rental period, the lessee shall notify the lessor of any pre-existing damage to the vessel and document such damage. The costs of normal maintenance of the vessel shall be borne by the lessor. Under no circumstances will the lessor reimburse the lessee for repairs carried out by the lessee or by third parties acting on the lessee’s behalf.

Tenant’s Obligations

The renter must at all times follow the instructions of the lessor and/or its staff, or any additional instructions provided on the boat. The renter is expected to possess sufficient skills to operate the vessel safely and responsibly.

The Renter shall use the vessel with due care, as a responsible skipper, and in accordance with its intended purpose and these general terms and conditions, and shall not make any alterations to the vessel. The Renter shall not transfer the use of the vessel, either in whole or in part, without the written consent of the Lessor. Equipment (such as maps, life jackets, paddles, cushions, lights, etc.) that the renter receives from the lessor or that is already on board must be returned in the same condition at the end of the rental period. In the event of loss or damage, the lessor will charge the lessee an appropriate amount.

Before departure, the renter must verify that the inventory listed in the rental agreement is present, complete, and in good condition. If this is not the case, the renter must notify the lessor of this before departure. Before departure, the renter must inspect the vessel for any damage not previously documented by the lessor. If the renter discovers damage not previously documented by the lessor, the renter must notify the lessor of this before departure.

At the end of the rental period, the lessee shall return the vessel to the lessor in the same condition and at the same location as when the vessel was made available to the lessee. The lessee may return the vessel to a different location only if this has been agreed to in writing in advance.

If the renter is unable to return the vessel by the agreed-upon time for any reason, the renter must notify the lessor by phone as soon as possible to discuss the matter. If the vessel is returned to the agreed-upon location later than the agreed-upon time without prior notice, the lessor will charge a minimum of 30 euros per half-hour of delay and is entitled to compensation for any further (consequential) damages, unless the delayed return cannot be attributed to the renter. In the event of an emergency, the renter must contact the lessor as soon as possible.

Liability & Damages

The Lessor shall ensure that the vessel is insured on behalf of the Lessee for third-party liability (WA) and hull damage for navigation within the navigation area agreed upon between the Lessor and the Lessee. For each vessel, the lessee is subject to a non-waivable deductible of 250 euros per incident for third-party liability and hull damage. In the event of loss or theft, the lessee is fully liable in all cases.

In cases of gross negligence, carelessness, recklessness, and/or failure to comply with instructions from the lessor and/or its staff, the insurance will not be invoked, and the lessee will be fully liable. The renter is also in default if it appears that they have failed to fulfill their obligations under these general terms and conditions. In the event of non-compliance with these terms and/or reports of disturbances resulting therefrom, the tenant is fully liable for (consequential) damages, costs incurred by the landlord, and (the consequences of) any claims made by third parties against the landlord.

The renter is liable for damage to the vessel as well as for damage caused by the renter and/or fellow passengers to third parties, to the extent not covered by insurance, that occurs during the time the renter has the vessel in their possession. The lessor cannot be held liable for personal injury or damage of any kind, regardless of the cause, occurring prior to, during, or as a result of renting a vessel from the lessor. “Damage” also includes consequential damage. An exception to this is the legal obligation to pay compensation in cases of demonstrable willful misconduct or gross negligence on the part of the lessor. Statutory compensation is limited to a maximum of the amount of the vessel rental fee.

The rental company explicitly warns of the danger of limbs becoming trapped between the boat and other objects, and of the fact that the aluminum from which the boat is made can become very hot in the summer. The rental company cannot be held liable for this either. Parents are responsible for their children.

The Lessor is not liable for theft and/or damage to property that the Lessee brings aboard the vessel.The renter must notify the lessor as soon as possible of any damage of any kind, or of any facts and/or circumstances that could reasonably lead to damage. Damage that has not been reported (whether to the vessel or to third parties) will be fully recovered from the renter and is not covered by insurance.

In all cases, the lessee is fully liable for any (consequential) damage caused by him if he uses the vessel outside the navigation area agreed upon between him and the lessor. If the renter returns the vessel in a condition different from that in which he received it, the lessor is entitled, at the renter’s expense, to restore the vessel to the condition it was in at the start of the rental period. The latter does not apply if the aforementioned costs are covered by insurance. In that case, the renter is only liable for the deductible of 250 euros.

Reservations

Reservations for one or more vessels can be made online or by phone. Reservations are not valid until confirmed by the rental company, either online or in writing. Unless otherwise agreed in writing, payment must be made in advance when making the reservation, via iDEAL (online banking) or credit card. iDEAL payments are free of charge; additional fees apply to credit card payments.

In the event of cancellation of a confirmed reservation

If the tenant cancels a confirmed reservation, no refund will be issued. However, the tenant has the right to reschedule the reservation under the conditions listed below. The rental period may be postponed for up to one year.

The landlord reserves the right to cancel the reservation at any time in the event of an active weather alert (Code Orange). An alternative date will then be determined by mutual agreement.

The Renter may reschedule reservations up to 48 hours in advance for any reason; this can be done by phone or, if well in advance, by email. The administrative fee for this is 10 euros, plus any additional costsresulting from a higher rate on the newly selected date and time. The Renter must, however, immediately confirm an alternative date.

If a confirmed reservation is canceled less than 48 hours in advance, or if the renter fails to show up without notice, the renter is liable for the full rental amount and is not entitled to an alternative.

If a confirmed reservation is canceled less than 48 hours in advance and the landlord receives notification from the tenant, the tenant is liable for 50% of the rental amount, with a minimum of 50 euros, and the renter is entitled to an alternative for the remaining amount in the form of a credit. This credit may be redeemed until the end of the relevant season.

If the Renter is more than 1 hour late from the agreed start time without giving prior notice by phone, the Renter is liable for the full rental amount, and the Lessor has the right to rent the vessel to someone else. In that case, the Renter is not entitled to an alternative. In the event that the renter changes the reservation, the renter may request that the lessor find a replacement.

If a reserved vessel is not available at the agreed-upon location 1 hour after the start of the reserved rental period, and the renter and the lessor do not agree on a reasonable alternative, the renter is entitled to compensation of up to 25% of the agreed-upon rental fee, unless the lessor has notified the lessee at least two hours before the agreed-upon time that the reserved vessel is unavailable. If the lessor terminates the agreement due to inclement weather (visibility of no more than 50 meters, persistent heavy rain, thunderstorms, or storms), the lessee is entitled to a refund of the rental fee paid, but not to the aforementioned compensation of up to 25% of the agreed-upon rental fee. Under no circumstances is the renter entitled to any additional compensation or damages.

Cooling-off period for online purchases

In accordance with applicable law, there is no cooling-off period for “services for which you agree on a date or time frame.” Therefore, the 14-day cooling-off period for online purchases does not apply to online reservations made with Greenjoy.

“On-site” rentals without a reservation

Even without a reservation, it is possible to rent a boat directly from the dock. Renters can make a reservation online via a smartphone or tablet, or call Greenjoy’s general number. Payment must be made immediately before the rental agreement begins, via iDEAL (online banking). The rental company does not accept cash payments for boat rentals, unless agreed to in writing in advance.

Security

Before the lease agreement can take effect, the tenant must have paid in full, received an electronic reservation confirmation, and, if requested, presented a form of identification. The Landlord must also have the Tenant’s active cell phone number. All of these must belong to the Tenant personally. The Tenant must pay a 150-euro security deposit; this is a mandatory part of the reservation process. The Landlord does not accept cash, identification, or other items as a security deposit. Once the agreement has ended in accordance with the agreed-upon terms, the Landlord will refund the security deposit paid by the Tenant (on average within 7–14 days). In the event of damage, nuisance, contamination, failure to maintain the property properly, or other misconduct, the Landlord is entitled to withhold (part of) the security deposit.

Complaints and Disputes

In the event of any complaints, the tenant must notify the landlord in writing within a reasonable time, providing a detailed explanation and supporting evidence for the complaint. The lease agreement is governed by Dutch law. Only the competent court in Amsterdam has jurisdiction to hear disputes.