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Schweden: Göta Kanal
ab/bis Sjötorp
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GENERAL CONDITIONS FOR HIRE OF LEISURE BOATS | |
1. RESERVATION AND PAYMENT
The reservation becomes binding for
the parties first
when the hirer has received
confirmation and paid the
advance payment listed in the
programme brochure. By
paying the advance payment the hirer
accepts all the
conditions of the hire contract.
The remaining sum, or in the case of
short-term hire the
whole sum, shall be paid 40 days
before using the boat
or on the day specified on the final
invoice.
When full payment is done the
contract is valid for the
company that owns the actual boat.
This company is
from the payment day responsible for
fullfilling the the
boat provider’s undertakings.
Place and time for the hirer ́s
overtaking of the boat are
specified by the boat provider. If
no place is specified
we will announce this later, at
least 3 weeks before the
overtaking of the boat. In case of
occurrences beyond
our influence the boat provider has
the right to change
the direction until one day before
departure.
2. DEPOSIT
Insurers charge Vättern Kanal
Charter an excess with
every incident and also the cost of
claims potentially
forces up the premiums we pay. To
encourage a duty of
care from you, the Hirer, and to
contribute to covering
this cost we ask you to pay either:
Option 1: Non-refundable collision
damage waiver
A charge of between EUR 90 and EUR
130 can be paid
on arrival or at the time of booking.
With this option you
will be fully covered if the boat or
any of its equipment /
inventory is returned damaged or
lost, as well as costs of
any accidental damage or injury to
any third parties (with
the exception of hire bikes – refer
to clause 13 for details
of bike theft waiver). This will not
be the case if there is
evidence of gross neglect, which is
excluded from our
cover under our insurance policy.
These charges do not
alter the Hirer’s potential
liability outlined in the insu
-
rance paragraph above.
Option 2: Refundable damage deposit
On arrival at the base, you leave a
refundable damage
deposit (up to EUR 1000 depending on
boat/duration)
which will only be exercised if the
boat or any of its
equipment / inventory is returned
damaged or lost, as
well as costs of any accidental
damage or injury to any
third parties. This will not be the
case if there is evidence
of gross neglect, which is excluded
from our cover under
our insurance policy
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3. THE BOAT PROVIDER’S UNDERTAKINGS
A/ Delivery
time
The boat shall be provided at the
agreed time. If the boat
provider, due to circumstances
beyond his control, e.g.
breakdown or delayed return by
previous boat hirer, can
not provide the boat at the right
time, the boat provider
shall: If possible make a similar
boat available to the
hirer or repay to the hirer that
part of the hire correspon
ding to the delay.
B/Hire
The boat provider undertakes to hand
over the boat and
its complete equipment according to
the inventory list
clean and in working order to the
hirer, as soon as the
hirer has, by their signature,
accepted the inventory list.
The hirer confirms, through his/her
signature, that the in
ventory list is correct. Please note
that the inventory does
not include television, DVD player,
electric coffee maker,
electric kettle, GPS, binoculars and
microwave oven.
C/Insurance
The boat is protected by both hull
insurance and third
party insurance (full charter
insurance). The scope of
the insurance and its value and
excesses are decided by
the conditions dictated by the boat
provider’s insurance
company. The insurance applies to
inland lakes, and the
Göta Canal and Kinda Canal.
The level of the deposit is
determined of the excess for
the insurance of the particular boat.
If the cost for a da
mage exceeds the excess, the entire
deposit will be used
to pay the excess.
4. THE HIRER’S OBLIGATIONS
A/ The boat driver’s competence and
experience.
Every boat has its own
characteristics and the hirer
should, therefore, before taking
possession of the boat,
read in full the appropriate manual
which contains de
tails of the operation and use of
the boat.
The hirer shall have sufficient
skills to be able to mano
euvre the hired boat in a safe
manner. If, during the hire
period, it should become apparent
that the hirer is not
capable of handling the boat in a
satisfactory way, the
boat provider has the right to
terminate the hire contract.
The remaining hire charge would
thereby be forfeited.
B/The use of the boat
The hirer is responsible for the
care of the boat throug
hout the hire period. The hirer
undertakes to take proper
care of the boat and the associated
equipment, and to
follow any instructions and
directions provided. The hirer
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The hirer undertakes to take good
care of the boat and its
associated equipment as well as
follow given instructions
and directions. The hirer has
responsibility for the boat
during the whole hire period.
Furthermore, he pledges to
use the boat only for pleasure
cruising. The boat shall not
be used for competition, towing, or
the transport of goods
or passengers for payment (the ban
on towing does
not apply to dinghies or in an
emergency). The hirer is
responsible for following applicable
laws and regulations.
The boat shall only be used in the
areas described in the
insurance. See point 3c. The hirer
undertakes not to sub-
let the boat or hand it over to a
third party.
C/ Return of the boat
The boat shall be returned to the
harbour and at the time
indicated in the hire contract. The
boat shall by then be
empty of crew and all personal
baggage, as well as being
clean and in the condition in which
it was received by
the hirer. If the hirer should be
prevented from retur
ning the boat by the agreed time, he
shall immediately
inform the boat provider or Sea
Rescue. In the case of
delayed return, the hirer shall be
charged compensation
equivalent to double the agreed
daily hire plus each loss
incurred by the boat provider for
not being able to make
the boat available to the next hirer.
Weather conditions
can not be used as valid reasons for
delays. If the hirer
does not return the boat to the
agreed harbour, he or
she is responsible for all costs and
risks involved with the
return transport. Whatever the
circumstances, the hirer
must inform the boat provider prior
to return transport
and where necessary pay the
compensation for delay
described above.
D/ Action in the case of fault,
breakdown, fire or
theft.
A boat does not function like a car
or bike. Experience has
shown that it is not possible to
guarantee that everything
will work faultlessly. Even if the
engine and all equipment
has been serviced recently,
something may break down.
In the event of any faults, the
hirer must contact the boat
provider, to ensure that the
appropriate professionals can
be called in to rectify the problem.
Any faults will be dealt
with as soon as possible, normally
within 24 hours. Minor
faults which do not have a negative
impact on the holiday
cruise and which can be dealt with
by the hirer do not
require the measures specified above.
If a breakdown occurs during the
hire period or loose
equipment is lost, the boat provider
shall be informed
immediately. The boat provider shall
then give instructions
regarding action to be taken. It is
the responsibility of the
hirer to notify the damage to the
insurance company as
well as in the case of fire onboard
or theft of the boat or
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its equipment make a report to the
police and provide a
copy of the report to the boat
provider. Failure to comple
te the obligations described above
leaves the hirer directly
responsible for any resulting damage.
The hirer is obliged
to replace every loss of equipment
or damage to the boat,
in as far as these are not covered
by insurance less excess.
The responsibility of care described
in paragraph B above
includes the boat not being driven
any further if damage
occurs to the engine or the steering
mechanism, and if
doing so could make the damage more
severe or other
wise damage the boat.
E/ Break in service.
In the case of time lost due to
damage to the boat or
repairs or replacement for which the
boat provider is
responsible and which has caused a
serious hinder for
the use of the boat for more than 24
hours after being
reported, the hirer shall be
recompensed pro rata for time
subsequently lost.
F/Impounding, levy of distraint
The hirer has absolutely no right or
power of attorney to
arrange or permit that the boat be
impounded or taken as
payment by anybody for any reason
whatsoever. The hirer
undertakes to have a signed copy of
the hire agreement
during travel and show it to any
person(s) who might
crave impounding or levy distraint.
5. CANCELLATION
A/
If the hirer cancels the boat hire
earlier than 60 days
before the intended commencement of
hire, the advance
payment will be repaid after the
deduction of a service
fee of 200:- kr/booked week.
B/
If the hirer cancels the boat hire
later than 60 days but
earlier than 30 days before the
intended commencement
of hire, the advance payment is
forfeited.
C/
If the hirer cancels the boat hire
later than 30 days be
fore the intended commencement of
hire the entire hire
charge is forfeited.
D/
Instead of cancelling the hire
agreement, the hirer
has however the right to hand over
the hire contract to
another person found acceptable by
the boat provider.
6. DISPUTES
In the case of disputes concerning
the interpretation or
application of these conditions the
parties shall in the first
case try to reach a mutual
agreement. If the parties do not
agree, disputes shall be settled by
arbitrators according to
Swedish law
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