Terms and Conditions

ARTICLE 1 – DEFINITIONS

Lessor: Palm Boats B.V. in Bonaire (Caribbean Netherlands), Chamber of Commerce number 13001.
Tenant: natural person with whom the landlord (1.1) has concluded the rental agreement and with a minimum age of 18 years at the time of concluding the rental agreement.
Rental agreement: the agreement between the lessor and the lessee for the rental of a vessel specified in the booking from the lessor.
Insurance: WA and hull insurance taken out with an insurance company selected by the lessor. The policy conditions of this company are valid for the rental of vessels and apply. The lessee can inspect the policy on first request prior to using the vessel.
Deposit: the amount of US$ 500 that is paid by the lessee to the lessor prior to the use of the vessel and will be withheld (partially or in full) in the event of any damage to, destruction of or theft of the vessel or inventory.
Inventory: the goods belonging to the vessel.

ARTICLE 2 – RENT

The general terms and conditions of the lessor are always valid on the rental agreement.
The tenant can make a reservation via the website of the lessor (www.palmboats.com), or by telephone on +599 7851233. A reservation is only final after payment has been made to the lessor via the (online) reservation system or in cash.
De huurprijs voor een halve dag is US$ 225,- en een hele dag is US$ 375,- inclusief ABB. Prijzen zijn exclusief brandstof.
A whole day within the meaning of Article 2.3 includes: from 09:00 to 17:30. A half day within the meaning of Article 2.3 includes: from 09:00 to 13:00 or from 13:30 to 17:30.
The tenant can only deviate from the times as included in article 2.4 after agreement with the landlord.

ARTICLE 3 – OBLIGATIONS OF THE LESSOR

At the start of the rental period, the lessor makes the vessel available to the lessee. The lessor ensures that the vessel is in good condition and can be used for the purpose for which it is intended, provided with safety equipment suitable for the agreed sailing area.
De verhuurder heeft het vaartuig ten behoeve van de huurder verzekerd tegen wettelijke aansprakelijkheid, cascoschade en diefstal voor de vaart in het tussen verhuurder en huurder overeengekomen vaargebied.
The costs of normal maintenance are for the account of the lessor.
The lessor ensures that the lessee receives a vessel with a full and refueled fuel tank at the start of the rental period.
The landlord will refund the deposit (or a proportionate part in connection with costs or damage still to be settled) to the tenant after the rental period.

ARTICLE 4 – OBLIGATIONS OF THE TENANT

Before departure, the lessee and lessor must sign the agreement for approval and the deposit and rent, as well as (other) additional costs, must be paid to the lessor. The tenant receives a copy of the rental agreement.
The lessee is obliged to hand over a valid proof of identity to the lessor when collecting the vessel. The landlord makes a copy of this and will add it to his part of the rental agreement during the agreed rental period. The tenant declares to explicitly and unequivocally agree with this, also in the sense of Article 8 sub a of the BES Personal Data Protection Act. Lessor will destroy the copy within ten (10) days after sailing.
The tenant must use the rented property - during the term of the agreement - for personal use in accordance with the destination indicated in the rental agreement. The lessee may not rent out, lease or allow third parties to use the vessel without prior permission from the lessor.

During the rental period, the renter is responsible for the correct use of the vessel and the regular inspection and security of the vessel, engine and inventory. At the end of the rental period, the lessee will hand over the vessel to the lessor at the agreed time and place and in the same condition in which the lessee received the vessel.
Costs that are directly related to the use of the vessel by the lessee, such as port, quay, mooring and fines, are for the account of the lessee.
The lessee is obliged to return the vessel clean. Instructions for cleaning the vessel will be handed over to the hirer upon receipt of the vessel. In the event of non-compliance with this obligation, the cleaning costs of US $ 50 will be charged to the tenant. Burn holes in the upholstery/boat will be charged US$ 150. In case of serious pollution, the total cleaning costs will be recovered from the tenant.
The lessee must notify the lessor as soon as possible of damage of any nature whatsoever, or facts and/or circumstances that could reasonably lead to damage and/or repair costs. The lessee must comply with the lessor's instructions for the preservation of the vessel and the rights of the lessor. Failure to comply with this provision may lead to full liability for damage and costs for the tenant.
The hirer is not permitted to use the vessel for competitions in which speed or agility is tested, or to use the vessel to drag, pull, push, etc. other vessels or objects.
Huurder dient zich te houden aan de plaatselijk geldende vaarregels t.a.v. snelheid, het varen binnen het aangegeven vaargebied (boeien/betonning, verboden invaarten). Het vaartuig mag enkel worden gebruikt zoals aangegeven op de kaart op de boot en de website.
The tenant must keep as much distance as possible from other shipping, boats, swimmers and divers. The renter must also always keep a distance of 50 meters from the buoys and not sail in light blue water.
It is forbidden to moor several boats next to each other/behind each other at a buoy/jetty.

ARTICLE 5 – LIABILITY

Huurder is verplicht passende maatregelen te nemen ter voorkoming en beperking van schade aan het vaartuig en eventuele bijbehorende (gehuurde) accessoires.
The hirer is liable for all damage and/or loss of the vessel and any. associated accessories arise during the time he has the vessel under him. Damage also includes consequential damage. In the event of loss of parts or accessories, the full replacement value must be reimbursed. In the event of overturning through your own fault, salvage costs, towing costs and any other damage will be charged. The rented property is the responsibility of the person in whose name it is rented (article 1.2).
The hirer is fully liable for the (consequential) damage caused if the vessel is used outside the permitted sailing area.
The lessor is not liable for personal injury or damage to property of the lessee and other persons on board, unless caused by an attributable shortcoming on the part of the lessor.

ARTICLE 6 – CANCELLATION

Renter can cancel free of charge up to 7 days before the date on which the vessel is booked.
Up to 72 hours before booking: 25%
From 72 hours before booking: 50%
In case of bad weather and prior to the rental period, the lessee has the right to move the rental of the vessel free of charge to another date to be agreed upon. Bad weather means heavy rainfall, storms and thunderstorms; or circumstances in which it is not permitted to enter the water. This judgment is solely for the landlord.
Article 6.2 does not apply to early termination of the rental period.

ARTICLE 7 – DEFAULT PERFORMANCE

The hirer is not permitted to enter the vessel with more than the maximum number of persons indicated by the lessor or to use the vessel other than as intended and intended by the lessor.
The lessee is responsible for providing a skipper or captain or mate who is and remains sober at all times when operating the vessel.
If the vessel is handed over to the lessor by the hirer later than the agreed time at the agreed place, the lessor shall be entitled to withhold $200 from the deposit.
If the vessel is not handed over by the hirer in the same condition in which he received it, or if he has not acted in accordance with these terms and conditions, the lessor shall be entitled to restore the vessel to the condition in which it was at the hirer's expense, at the expense of the hirer. commencement of the rental period. The latter does not apply if the said costs are fully covered by the insurance.
The landlord can terminate the agreement unilaterally at any time without restitution of the rent if:
a. the tenant does not comply with the rental conditions; or
b. lessee causes nuisance in the sailing area or port(s).
All this to be assessed by the landlord.
The lessor has the right to rent out the vessel – again – if the lessee arrives more than 30 minutes later than the agreed time without any notification.

ARTICLE 8 – MISCELLANEOUS

The Bonaire National Marine Park is maintained by Stinapa. In order to maintain the Marine Park, non-residents must pay a Nature tag to be able to sail, snorkel and swim. This Nature Tag costs US$ 25 and is available through the website of Stinapa.org. The tenant must always have the 'Nature Tag' with him for possible inspection
In the event of complaints, the tenant must inform the landlord in writing within one (1) week, with a proper explanation and substantiation of the complaint. After this period, the right to complain lapses.
If any provision of these terms and conditions is void, voided or otherwise declared inapplicable, the remaining provisions will remain in full force. The lessor and the tenant will agree on a replacement provision instead of the void, voided or declared inapplicable provision, taking into account as much as possible the purpose and purport of the void, voided or declared inapplicable provision.
The law of Bonaire applies to these terms and conditions. The Court of First Instance of Bonaire has jurisdiction to hear all disputes regarding these terms and conditions.
These terms and conditions have been filed with the registry of the Court of First Instance of Bonaire on [•]. The most recent version of these terms and conditions can be found at www.palmboats.com.