Eventyr RIB Charters General Terms and Conditions for the Rental of Vessels

The following definitions are used in these Terms and Conditions:

a. Consumer: an individual, not acting in the exercise of his profession or business but in a personal capacity, who enters into a contract with an entrepreneur for the use of a vessel in return for payment of a hire charge.

b. Parties: Eventyr Rib Charters and the consumer.

c. Vessel: an object that is constructed to remain in water and to move in it, including the equipment and inventory that form part of it.

d. Open sailing boat and motor boat: vessel without cabin accommodation.

e. Hire contract: a contract under which Eventyr Rib Charters undertakes to give the consumer the use of a vessel without crew in return for payment.

f. Electronic: by e-mail or via a website.

g. Inventory list: list of objects belonging to the vessel.

h. List of defects: list drawn up by the parties before sailing to record the condition of the vessel and, in particular, the presence of any damage.

i. Disputes Committee: the Water Recreation Disputes Settlement Committee in The Hague.

1. The entrepreneur makes his offer or quotation verbally, in writing or by electronic means.

2. A verbal offer lapses if it is not accepted immediately, unless Eventyr Rib Charters has given a deadline for acceptance of the offer.

3. A written or electronic offer must be dated. If a term of validity is stated in the offer, Eventyr Rib Charters may not change or withdraw the offer within that period. If no term of validity is stated, Eventyr Rib Charters may not change or withdraw the offer within 14 days after the date of the offer.

4. The offer consists of a full and accurate description of the vessel to be supplied for hire and states in any event:

- the period of hire and the harbour of arrival/departure

- the hire charge and any additional expenses and method of payment

- the amount of the insurance excess

- the amount and means of security

- the cancellation terms.

5. Eventyr Rib Charters is to provide a copy of these General Terms and Conditions with each offer.

1. A contract is formed once the consumer accepts Eventyr Rib Charters offer. If the consumer accepts this offer by electronic means, the entrepreneur sends the consumer a confirmation by electronic means as well.

2. All contracts are recorded preferably in writing or by electronic means.

3. In the case of a written contract Eventyr Rib Charters must always give the consumer a copy.

1. Eventyr Rib Charters and the consumer agree in advance:

- what hire charges and, if applicable, what extra costs the consumer has to pay and

- whether Eventyr Rib Charters is permitted to alter the price at random times and if so, under what conditions.

2. Eventyr Rib Charters may always pass on the consumer any changes in taxation, excise duties and similar levies imposed by the government.

1. The consumer must pay the hire charges within 14 days after receipt of the invoice, but in any case on the date on which the agreed hire period begins. He can pay in cash upon delivery or by transfer to a bank account specified by the Eventyr Rib Charters.

2. If the consumer fails to pay on time, he is in default without Eventyr Rib Charters having to send him notice of default. Nevertheless, after the payment date has passed Eventyr Rib Charters will send one more payment reminder to the consumer, at no charge, in which Eventyr Rib Charters draws the attention of the consumer to his default and gives him the opportunity to pay the account within 14 days. In the payment reminder the Eventyr Rib Charters also mentions the extrajudicial collection costs for which the consumer will be liable in the event of late payment.

3. If the 14-day period referred to in clause 1 has elapsed and the consumer has not yet paid his account, Eventyr Rib Charters is authorized to demand payment of the amount due, without the need to serve notice of default on the consumer. Eventyr Rib Charters is permitted to charge the associated extrajudicial collection costs in all reasonableness to the consumer. Maximum amounts are applicable, as provided for in the Dutch Extrajudicial Collection Costs (Fees) Decree. Subject to legislative changes, these maximum amounts are:

- 15% on the first €2,500, with a minimum of €40

- 10% on the next €2,500

- 5% on the next €5,000

- 1% on the next €190,000

- 0.5% on the remainder, with a maximum of €6,775.

1. If the consumer wishes to cancel the hire contract, he must inform Eventyr Rib Charters as soon as possible in writing or by electronic means. If the consumer cancels, the entrepreneur can claim fixed compensation amounting to:

- 15% of the agreed hire charges in the event of cancellation at least three months before the commencement of the hire period

- 50% of the agreed hire charges in the event of cancellation at least two months before the commencement of the hire period

- 75% of the agreed hire charges in the event of cancellation at least one month before the commencement of the hire period

- 100% of the agreed hire charges in the event of cancellation within one month of the commencement of the hire period or on the date of commencement of the hire period.

All the aforementioned compensation amounts are subject to a minimum of €65.

2. If the consumer cancels a hire contract under which the hire charge is €250 or less, other compensation amounts apply than those referred to in clause 1. In these cases Eventyr Rib Charters can claim fixed compensation amounting to:

- 10% of the agreed hire charges in the event of cancellation at least one week before the commencement of the hire period

- 50% of the agreed hire charges in the event of cancellation at least two days before the commencement of the hire period

- 100% of the agreed hire charges in the event of cancellation within two days before the commencement of the hire period

3. Eventyr Rib Charters may cancel a hire contract pertaining to open sailing and/or motor boats for which the period is not more than two days. If he does not inform the consumer of this in writing in good time, the entrepreneur is obliged to pay the consumer 25% of the amount due in hire charges.

4. If the consumer cancels a hire contract, he can ask Eventyr Rib Charters to allow another person to take over the contract. If the Eventyr Rib Charters agrees, the consumer has to pay amendment charges amounting to 10% of the agreed hire charges with a minimum of €45.50 and a maximum of €113.50.

1. Eventyr Rib Charters makes the vessel available to the consumer at the start of the hire period. Eventyr Rib Charters ensures the vessel is in good condition, that it can serve the purpose for which it is intended, and that it is fitted with reliable safety equipment that is suitable for the agreed sailing area.

2. Eventyr Rib Charters is obliged to insure the vessel adequately on behalf of the consumer against third-party liability, hull damage and theft. This insurance applies only to the use of vessel in the sailing area agreed on between Eventyr Rib Charters and the consumer.

3. Before the consumer departs in the vessel the parties record the condition of the vessel in a list of defects that is then signed by both parties. The Eventyr Rib Charters gives the consumer a copy of the signed list of defects.

4. Eventyr Rib Charters gives the consumer a copy of the inventory list before the consumer departs in the vessel.

5. At the end of the hire period Eventyr Rib Charters receives the vessel at the agreed place and time, unless otherwise agreed with the consumer.

6. Eventyr Rib Charters ensures that the required telephone numbers, including emergency numbers, are available on board the vessel.

1. The consumer needs to have adequate sailing skills and must have a valid international Certificate of Competence ICC Boat license if required by local regulations.

2. The consumer has to ensure that the crew and himself refrain from the use of alcohol and/or drugs during and before the use of the vessel.

3. The consumer has to comply with Eventyr Rib Charters instructions with regard to the maintenance of the vessel and to the preservation of Eventyr Rib Charters rights.

4. If the inventory on board does not correspond with the inventory stated in the inventory list, or if the safety equipment is incomplete or defective, the consumer must inform the Eventyr Rib Charters of this prior to departure.

5. Before departing in the vessel the consumer has to sign the list of defects to signify that it is correct.

6. The consumer is to use the vessel with due care and as a good skipper and in accordance with the intended purpose. The consumer may not alter the vessel in any way or put the vessel at anyone else's disposal without the written permission of the entrepreneur.

7. At the end of the hire period, the consumer hands over the vessel to the entrepreneur at the agreed time and place and in the same state in which he received it.

8. The costs directly related to the use of the vessel, such as fees for harbours, bridges, quays, locks and mooring, and the fuel costs, are for the consumer’s account.

9. The consumer requires Eventyr Rib Charters permission before repairs are carried out. Eventyr Rib Charters repays the costs of the repairs to the consumer if specified invoices are submitted.

10. The costs of normal maintenance and repair of defects are at the expense of Eventyr Rib Charters.

11. The consumer must inform the entrepreneur as soon as possible of damage of any sort, and of any facts and/or circumstances which could reasonably lead to damage.

1. The consumer is liable for damage and/or loss of the vessel in the period in which he has hired the vessel. That applies only to damage and/or loss that is not covered by the insurance. The consumer is not liable if he can demonstrate that the damage and/or loss has not been caused by him or by one his party, or cannot be attributed to him or one of his party. The term damage also refers to consequential loss.

2. The consumer is always liable for damage or consequential loss that he has caused, if:

- he has knowingly used the vessel outside the sailing area agreed with the Eventyr Rib Charters and/or

- he knowingly fails to comply with the Eventyr Rib Charters instructions for preserving Eventyr Rib Charters rights.

3. Eventyr Rib Charters is not liable for damage to property or for any personal injury/accident unless the damage and/or that injury/accident is a direct consequence of a defect in the hired vessel.

1. If Eventyr Rib Charters does not comply with his obligations in respect of the hire contract, the consumer can terminate the hire contract without judicial intervention. Eventyr Rib Charters must in that case immediately pay back everything that the consumer already paid.

2. If the consumer returns the vessel at a later time than was agreed and/or at a place other than the agreed place, Eventyr Rib Charters is entitled to increase the hire charges proportionally and to receive payment for further damage or consequential loss.

3. If the consumer does not return the vessel in the same state as when he received it, or if he has not acted in accordance with Article 9 of these Terms and Conditions, Eventyr Rib Charters is entitled to restore the vessel to such state, at the consumer’s expense. The consumer does not have to pay the remediation costs to the extent that they are covered by the insurance.

1. If the consumer has any complaints about the implementation of the contract, he has to notify Eventyr Rib Charters of them in writing or by electronic means within a reasonable (appropriate) time after he has or could have identified the faults, giving a full and detailed description of the complaints.

2. If the consumer has any complaints about an invoice, he must notify Eventyr Rib Charters of them, preferably by letter or by electronic means within an appropriate time after he has received the invoice, giving a full and detailed description of the complaints.

3. If the consumer does not submit the complaint punctually, he risks losing his rights in that respect. If the consumer cannot reasonably be blamed for his failure to submit the complaint punctually, he retains his rights.

4. If it is clear that the complaint cannot be settled amicably, a dispute exists.