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Terms and conditions of Flyboard Almere
GENERAL TERMS AND CONDITIONS OF RENTAL, CONDUCT AND / OR USE
ARTICLE 1-DEFINITIONS
1.1 these general terms and conditions apply to all agreements between lessor
B. V. and tenant.
1.2 these general terms and conditions apply to conditions within the meaning of art. 6:231 e.v. BW. Of
these conditions deviating agreements or stipulations are only binding for the landlord for
insofar as these have been confirmed by her in writing or by e-mail.
1.3 in these general terms and conditions it is understood that:
owner: Flyboard Almere
tenant: the other party(s) of the landlord, being a consumer, a natural person acting in the exercise of a profession or business, or a legal entity, as well as the persons who will use the rented property during the rental period.
rental period: the period specified in the agreement during which the rented property is made available to the tenant.
agreement: every rental agreement or any other agreement, whereby the landlord
undertakes, for a fee, to transfer movable property, e.e.a. in the broadest sense of the word, to
make the tenant available. An agreement is concluded at all times in writing or electronically.
ARTICLE 2 – SCOPE OF APPLICATION
2.1 these terms and conditions apply to all offers, arrangements, order confirmations and agreements, unless expressly agreed otherwise in writing between the parties.
2.2 the general terms and conditions of the tenant do not apply and are expressly
dismissed.
2.3 the lessor is only liable for orders, agreements or changes thereof and / or additions
bound by this, after the landlord has expressly agreed to this in writing.
ARTICLE 3-TERMS OF PAYMENT
3.1 payment of the rental price must be made, subject to Article 3.2 of these conditions
at the latest when the rented property is made available to the tenant.
3.2 if the agreement has been concluded via electronic agreement, the agreed price must be paid via the payment module on the website of the lessor.
3.3 the payment terms referred to in articles 3.1 and 3.2 are a deadline within the meaning of
Article 6: 83 BW. From the day after the payment period has expired, the tenant is therefore
in default and, in addition to the principal, he also owes the statutory interest, collection costs
and court costs.
3.4 the collection costs are 15% of the rental price, with a minimum of € 40.00. The statutory interest rate is calculated by virtue of the measure provided for in art. 6:119a BW. In case of
of a tenant in the capacity of a natural person, therefore not acting under
any profession or business, then for the calculation and debt collection costs and interest
Articles 6:96, 6: 119 of the Dutch civil code and the decree for extrajudicial collection costs are sought.
ARTICLE 4 - OBLIGATIONS OF THE TENANT AND USERS BELONGING TO THE TENANT
4.1 The Tenant(s) are obliged, at the latest at the start of the rental period, to
personal circumstances of themselves and / or those who will use the rented
make it known to the landlord during the rental period. This obligation applies in particular
for all relevant medical and conditional conditions.
4.2 every tenant and / or user of the rented property must be in possession of a recognized
swimming diploma.
4.3 the renter(s) and/or the user(s) of the rented property shall be deemed to have
the moment that the rented property is made available to him/them by the landlord having taken out sufficient accident insurance.
4.4 the tenant (s) and/or the user(s) of the rented property are obliged to comply with all instructions of the landlord or his representative. Tenant (s) and / or users of the rented property who cause such nuisance or inconvenience that the safety of themselves or
endangering others, or irresponsibly dealing with nature and
environment, can be prohibited without further notice by landlord still rented
further use. All resulting costs are for the account of the tenant(s).
4.5 the tenant and / or the user(s) of the rented property are obliged to use the rented property
in a way for which it is intended by its very nature. Tenant (s) and/or user (s)
may not make any changes to or to the rented property and/or give them to third parties in use without the express written permission of the landlord. Tenant (s) and / or the
user (s) shall notify lessor immediately and therefore at the latest at the end of the rental period of damage and/or loss of the rented property. The lessee (s) and/or the user(s) shall/shall keep the rented property in the same condition as in which it was delivered by the lessor to him / them.
made available – at the end of the rental period and at the agreed place –
transfer to landlord.
4.6 if a tenant and / or a user of the rented property is under 18 years of age and is not
accompanied by an adult, the lessor must be provided with a statement from his legal representative(s) showing that they agree with the agreement or that they agree with the agreement.
the use of the rented property by the minor, or the legal representative(s) to sign the agreement.
4.7 each tenant who signs the agreement must-at the latest when the rented
made available by the landlord to the tenant – a copy of his ID,
communicate his address details and the details of his bank account to the landlord. Refusal of one of these requirements may lead to termination of the agreement by the lessor
ARTICLE 5-OBLIGATIONS OF THE LESSOR
5.1 the landlord makes the rented property available to the
tenant. The rented property must be in good condition, which means that it can serve for the
use for which it is intended and that it is provided with proper safety equipment
(as far as required)
5.2 the landlord has adequately insured the rented property against damage. The insurance applies
a deductible of € 500.00 to be paid by the tenant in case of damage attributable to him. Article 5.2 expressly applies only to the rental of one or more sloops.
Subs are not insured in accordance with the provisions of this paragraph.
5.3 the parties record the condition of the rented property in a delivery form attached to the agreement that is signed by both parties. The tenant will receive a copy of this delivery form immediately after signing.
5.4 at the end of the rental period, the tenant will make the rented property available to the landlord again at the place and time agreed in the agreement, unless he
the consumer agreed otherwise.
ARTICLE 6-CANCELLATION
6.1 if the lessee wishes to cancel the agreement, it must notify the lessor of this in writing or electronically.
6.2 in the case of cancellation, the following cancellation costs will be charged:
A) in case of cancellation more than 4 weeks before the start of the rental period, 30% of the rent
payable, with a minimum of € 150.00.
b) in case of cancellation between 4 to 2 weeks before the start of the rental period, 50% of the rent
in case of cancellation 2 to 0 weeks before the start of the rental period, the total rental price remains due.
6.3 in case the rental price is less than € 250.00 (including VAT), the following cancellation costs will be charged in case of cancellation
A) in case of cancellation up to one week before the start of the rental period, 15% of the rent is due.
b) in case of cancellation between up to two days before the start of the rental period, 50% of the rental price
owe.
c) in case of cancellation within two days before the start of the rental period weeks of the rental period, the total rental price remains due.
6.4 the payment of the cancellation fee(s) referred to in articles 6.2 and 6.3 must be
be in the possession of the lessor within 14 days of the invoice date at the latest, whereby the lessor reserves the right to offset any amounts already paid by the lessee against the cancellation fee
ARTICLE 7-LIABILITY
7.1 during the rental period mentioned in the agreement, the tenant is liable for all
damage, including loss, from / to the rented property that is the result of conduct
which are attributable to the tenant.
7.2 the landlord is not liable for damage to goods or for any physical injury or accident on the part of the tenant, unless the tenant demonstrates that the damage is the result of intent or
deliberate recklessness on the part of the landlord.
ARTICLE 8-NON - COMPLIANCE WITH THE AGREEMENT
8.1 if the landlord does not fulfill his obligations under the rental agreement, the tenant can
terminate the rental agreement, unless force majeure is involved. In that case, the provisions apply
of Article 9.
8.2 in that case, the tenant is entitled to, by showing him, compensation for
damage, unless the shortcoming cannot be attributed to the landlord.
8.3 in the event that the tenant does not accept the rented property at the end of the agreed rental period
lessor is entitled to a proportionate increase of
the rent and compensation for its (consequential)damage, unless the delay cannot be paid to the tenant
be imputed.
8.4 if at the end of the rental period the tenant does not make the rented property available to the landlord in the same condition in which he received it, the landlord has the right
to restore the rented at the expense of the tenant in the said state.
ARTICLE 9-FORCE MAJEURE
9.1 force majeure is understood to mean: any circumstance independent of the will of the lessor that prevents fulfilment of the agreement temporarily or permanently. In particular, if
force majeure: illness of personnel required for the execution of the work, traffic obstruction, government orders, government bans, pandemic, natural disasters, war, danger of war,
riots, strikes, transport difficulties, fire and other serious disruptions to the company
of the landlord or that of third parties engaged by it.
9.2 in the event of force majeure, the lessor has – at its discretion – the right to cancel the rental period with ten
to postpone, change or dissolve the agreement for a maximum of two months, insofar as it has not yet been executed, without the lessor being obliged to pay in any form whatsoever
of any compensation.
ARTICLE 10-COMPLAINTS
10.1 complaints from the tenant about the implementation of the agreement by the landlord
in writing, or electronically and accompanied by sufficient argumentation or substantiation to
the landlord must be notified. Complaints must be disclosed within a reasonable time after the complaint has arisen. In any case, a complaint is not known within a reasonable time
made when the complaint is not made within 4 weeks after familiarization with the complaint on the part of
the tenant has been notified to the landlord in the prescribed manner.
10.2 violation of what is in Article 10.1 leads to forfeiture of Rights on the part of the tenant,
unless exceeding the complaint obligation has not actually harmed the landlord in his evidentiary position.
ARTICLE 11 - APPLICABLE LAW AND DISPUTES
11.1 only Dutch law applies to agreements between landlord and tenant.
11.2 all disputes between parties arising from any agreement will be resolved by the most
the finished lot will be submitted to the absolute and relatively competent Dutch court.
11.3 if, pursuant to a court ruling, one or more articles of these terms and conditions
if these terms and conditions are annulled or otherwise declared inapplicable, the remaining provisions of these general terms and conditions will remain in full force and the parties will enter into consultation in order to include new provisions, which will replace the void/annulled.
11.4 in case of conflicts between these general terms and conditions and the agreement
then the provisions of the agreement shall prevail.
11.5 if one or more provisions in these general terms and conditions are complete or partial
should be void or destroyed, the remaining provisions remain fully applicable.
The landlord will then enter into consultation with the tenant in order to replace new provisions
agreement, respecting as far as possible the purpose of the original provisions
be taken