PORT REGULATIONS

HISWA GENERAL CONDITIONS FOR RENTING AND LETTING BERTHS AND/OR STORAGE PLACES
For vessels and related articles

ARTICLE 1 – DEFINITIONS
In these terms and conditions, the following definitions apply:
Entrepreneur: a natural or legal person who enters into an agreement with a consumer
concludes for the rental of a berth and/or storage space for a vessel and/or part thereof, at
payment of a rent. This entrepreneur is a member of HISWA Association.
Consumer: a natural person who concludes a contract with an entrepreneur for the rental
of a berth and/or storage place for a vessel or part thereof, upon payment of a rental fee. This consumer does not enter into the contract in the name of his profession or business, but in a personal capacity.
Passerby: a natural person who enters into a contract with an entrepreneur for a limited number of days for the rental of a berth for a vessel and/or part thereof, in return for payment of a rental fee. In these terms and conditions, consumer includes a passerby.
Parties: the entrepreneur and the consumer or passerby, as defined in a, b and c.
Vessel: an object made to reside and move on water,
including the equipment and inventory that go with it. These conditions explicitly refer to a vessel intended for sports or leisure use. This term includes an airframe or a vessel under construction.
Berth and/or storage place: a space on the shore or in the water that is made available by the proprietor to the consumer or passer-by for the placement of a vessel and/or part thereof.
Rental agreement: an agreement by which the business owner undertakes to give a berth and/or storage place in use to a consumer or passerby for a fee.
Annual rent: rental period from January 1 of a given year to December 31 of that year (unless otherwise agreed).
Electronically: by e-mail or website.
Summer season: period from April 1 to October 1 in a given year.
Winter season: period from October 1 of a given year to April 1 of the following year.
Winter storage: staying (covered or uncovered) on shore during the
winter period, which lasts from at least Nov. 15 of a given year to March 15 of the following year. Winter storage includes putting the vessel on shore, placing the vessel in winter storage and launching the vessel, unless otherwise agreed in writing.
Port site: the port and associated (parking) areas and buildings.
Harbor regulations: rules for housekeeping, conduct and order on the harbor premises.
Disputes Committee: the Water Recreation Disputes Committee in The Hague.
All amounts stated in these terms and conditions include VAT.
ARTICLE 2 – APPLICABILITY OF THE AGREEMENT AND CONDITIONS
1. These general terms and conditions apply to every offer and every agreement concluded between the proprietor and the consumer for the rental/rental of berths and/or storage places for
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vessels and related articles.
The rental agreement applies not only to the mooring/storage space for the vessel, but also
on the space needed to store up to one dinghy or sailboard belonging to the vessel. This does not apply if, as a result, the space occupied is larger than the space rented by the entrepreneur to the consumer.
If the lease is for one or a few days only and the rent is charged per day, the consumer must pay the rent immediately. Articles 5, 6 paragraph 1, 7 and 8 of these terms and conditions shall not apply in such case.
ARTICLE 3 – OFFER/QUOTATION
The entrepreneur makes his offer or quotation orally, in writing or electronically.
A verbal offer expires if it is not immediately accepted, except if the
entrepreneur immediately gave a period of time to accept the offer.
A written or electronic offer must have a date on it. Will the offer include a
validity period mentioned, then the entrepreneur may not change or withdraw his offer within that period. If no deadline is mentioned, the entrepreneur may not change or withdraw his offer until 14 days after the date.
The offer shall contain a complete and accurate description of the berth or storage place to be rented and shall in any case state the rental price and the rental period, including the possibilities for extension and termination.
With each offer, the entrepreneur gives a copy of these general terms and conditions to the consumer.
ARTICLE 4 – AGREEMENT
An agreement exists as soon as the consumer accepts the entrepreneur’s offer. If he accepts this offer electronically, the entrepreneur sends an electronic confirmation to the consumer.
Any agreement shall preferably be in writing or electronically.
With a written contract, the entrepreneur must always give a copy to the consumer.
ARTICLE 5 – RENTAL FEE
When concluding the contract, the entrepreneur may agree with the consumer on an advance payment of:
– up to 50% of the rental price for a booking within 3 months before the start of the
rental period;
– a maximum of 25% of the rental price for a booking made more than 3 months before the start of the
rental period.
If the consumer temporarily does not use the leased mooring or storage space, he still remains the
total rent due.
If a vessel does not need to be launched after the period of winter storage, the
consumer to pay a specified, adjusted rental fee for the space occupied. This rental fee is separate from the fee the consumer has to pay for necessary relocation expenses.
ARTICLE 6 – PAYMENT TERMS
The consumer must pay the rental fee within 14 days of receiving the invoice, but in any case on the start date of the agreed rental period. He can pay the rent at the entrepreneur’s office or by transferring the money to a bank account determined by the entrepreneur.
If the consumer does not pay on time, he is in default without the entrepreneur having to give him notice of default. Nevertheless, after the payment date has passed, the business owner sends one more free payment reminder to the consumer. In it, he reminds the consumer of his default and still gives him the opportunity to pay the bill within 14 days. In the payment reminder, the entrepreneur also mentions the extrajudicial collection costs that the consumer owes in case of late payment.
If the 14-day period mentioned in paragraph 2 has expired and the consumer has not yet paid, the entrepreneur is authorized to demand payment of the amount due, without further notice to the consumer. The extrajudicial collection costs associated with this
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associated, he may reasonably charge the consumer. This is subject to maximum amounts stated in the Compensation for Extrajudicial Collection Costs Decree. Subject to statutory changes, these maximum amounts are set at:
– 15% on the first €2,500, with a minimum of €40;
– 10% over the next €2,500;
– 5% over the next €5,000;
– 1% over the next €190,000;
– 0.5% on the excess, up to a maximum of €6,775.
ARTICLE 7 – CANCELLATION OF FIRST RENTAL AGREEMENT
The consumer may cancel the rental agreement before the first rental period begins. He must then notify the entrepreneur in writing or electronically as soon as possible. In that case, the consumer will owe the following costs:
– 25% of the agreed rent for cancellation up to 3 months before the start of the
rental period;
– 50% of the agreed rent for cancellation within 3 months to 2 weeks before commencement
of the rental period;
– The full agreed rent for cancellation within 2 weeks before the start of the
rental period.
ARTICLE 8 – TERMINATION, DURATION AND RENEWAL OF THE LEASE
The parties will enter into the lease for a period of 1 year. This year lasts from January 1 to December 31 of that year, unless the parties agree otherwise.
A lease for one year or for a summer or winter season is tacitly renewed for the same period at the end of that period. In doing so, the same conditions continue to apply unless the entrepreneur applies paragraph 3. This extension will not continue if one of the parties cancels the contract in writing or electronically no later than 3 months before the start of the new rental period.
The entrepreneur may change the rental price no later than 3 months before the start of the new rental period. In that case, the consumer has the right to still cancel the rental agreement within 21 days of receiving this notice. He does not have this right if the proprietor changes the rent due to an increase in charges on his side, resulting from a change in taxes, duties and similar matters, which also affect the consumer.
ARTICLE 9 – LIEN AND RIGHT OF SALE FOR NON-PAYMENT
If the consumer does not pay the rental fee on time, the business owner can exercise the right of retention. This means that the proprietor can keep the vessel with him until the consumer has paid the total amount due, including the costs arising from the lien.
The Entrepreneur’s lien lapses if:
– there is a dispute as referred to in Article 13 of these terms and conditions; and
– the consumer has reported the dispute to the Disputes Committee mentioned in article 15
of these terms and conditions; and
– this committee has confirmed to the entrepreneur that the consumer has paid the amount due
deposited with the committee.
In that case, the entrepreneur may no longer keep the vessel with him.
If the consumer does not pay the amount owed after a summons, the proprietor has the right to sell and deliver the vessel without going to court. He can do so only if all 3 of the following conditions are met:
The value of the vessel, including all materials and accessories intended for it, shall not be
exceed €10,000.
The business owner must have sent the consumer a registered letter reminding him of the
amount due and then a minimum of 6 months must have elapsed in which the consumer has not paid and/or has not objected to the claim in writing with reasons.
After the expiration of the aforementioned 6-month period, the entrepreneur must have sent the consumer another reminder by bailiff’s writ to pay the amount due within 21 days, after which the consumer has again failed to pay.
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The right to sell the vessel expires when the consumer has reported the dispute to the Disputes Committee and deposited the amount due with it. This is the Disputes Committee mentioned in Article 15 of these terms and conditions.
If the proceeds from the sale of the vessel exceed the amount the consumer owed the proprietor, the proprietor must pay this difference to the consumer, if possible.
If the vessel has been sold and is still registered in the consumer’s name, the consumer is obliged to cooperate in the termination of this registration in his name.
ARTICLE 10 -SPECIAL RIGHTS AND OBLIGATIONS OF THE CONSUMER
The consumer must comply with the harbor regulations and the instructions in the rental agreement from or on behalf of the operator.
The consumer is obliged to keep his vessel in a good state of repair.
If there are differences between these general conditions and the harbor regulations, they shall prevail
general conditions for.
If the consumer wishes to perform work on his vessel on the harbor premises that is not covered by
fall into daily maintenance, he needs the entrepreneur’s permission to do so. Such permission is also required for all third-party work, except for warranty work by or on behalf of the supplier. In the latter case, after notification, the entrepreneur must allow these third parties to perform their work on site.
It is not permitted to sublet or loan the rented berth and/or storage space.
It is forbidden for the consumer to leave the vessel moored in the port or its berth
to be used for commercial activities. Also, he may not place in the port and/or on the vessel any signs, notices, indications, etc., aimed at a commercial activity. In addition, it is prohibited to offer the vessel for sale in the port.
The consumer is obliged to insure his vessel and accessories against civil liability during the period he uses the mooring and/or storage place. The entrepreneur has the right to inspect the relevant policy of the tenant.
Consumers are advised to insure their vessel and accessories against hull damage as well.
ARTICLE 11 -SPECIAL RIGHTS AND OBLIGATIONS OF THE ENTREPRENEUR
The proprietor is obliged to exercise proper supervision to maintain the proper conduct of the port premises and vessels.
If there is a risk of damage or safety, the entrepreneur has the right to make the necessary arrangements at the consumer’s expense. In cases of emergency, the business owner may do so without warning. In all other cases, he may do so only after he has warned the consumer and the consumer has not complied within a reasonable time.
The business owner may rent out a vacant berth if it does not interfere in any way with the consumer’s rental rights.
ARTICLE 12 – LIABILITY AND RISK
The proprietor is only liable to the consumer for damage to the vessel or other stored items, if that damage is the result of a shortcoming that can be attributed to the proprietor or to persons working for him. This includes both persons employed by the business owner and persons appointed by the business owner to perform work.
When it comes to mutual obligations, liability and risk, the parties mutually conform to the legal provisions related to the lease. This applies regardless of the qualification of the contract and insofar as there is no provision in these terms and conditions that deviates from the legal provisions.
It is the consumer’s responsibility to provide adequate insurance for their vessel(s). The entrepreneur does not insure the vessels. If the consumer does not adequately insure his vessel(s) against hull damage, the damage will be at his own risk.
The consumer is liable to the entrepreneur only for damages resulting from a shortcoming attributable to the consumer himself, his family members or other persons invited by the consumer.
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ARTICLE 13 – COMPLAINTS
If the consumer has complaints about the performance of the contract, he must report them to the entrepreneur by letter or electronically. He must do so within a reasonable (appropriate) time after he has observed or could have observed the deficiency. He must adequately describe and explain the complaints.
If consumers have complaints about an invoice, they should preferably report them to the entrepreneur by letter. He must do so within a reasonable (appropriate) time after receiving the relevant invoice. He must adequately describe and explain the complaints in his letter.
Failure to file a complaint in a timely manner may result in consumers losing their rights in this area. If his failure to complain in a timely manner cannot reasonably be attributed to the consumer, then he retains his rights.
If it has become clear that the complaint cannot be resolved by mutual agreement, there is a dispute.
ARTICLE 14 – DISSOLUTION OF AGREEMENT
If either party fails to perform its obligations under this agreement, and in doing so there is a material default or culpable failure to perform, the other party is authorized to terminate the lease immediately, without going to court. This does not affect that party’s right to demand performance of the obligations. Upon dissolution of the lease for a material breach of contract or culpable default, compensation for any damages and payment of all claims, including those not immediately due, may be claimed.
ARTICLE 15 – DISPUTE RESOLUTION
If the consumer and the entrepreneur have a dispute, either of them can submit this dispute to the Geschillencommissie Waterrecreatie, Bordewijklaan 46, PO Box 90600, 2509 LP The Hague (www.sgc.nl). The following conditions apply:
The dispute concerns the formation or performance of an agreement between the
entrepreneur and the consumer.
The agreement concerns services or items that the entrepreneur will provide to the consumer or
delivered.
The agreement is subject to these general terms and conditions.
The Disputes Committee will consider a dispute only if:
the consumer first submitted his complaint to the entrepreneur;
the entrepreneur and the consumer have not reached a solution together;
the dispute was submitted to the Disputes Committee within 12 months after the consumer
submitted his complaint to the entrepreneur;
the dispute has been submitted to the committee in the form of a letter or other form that is
determined by the committee.
In principle, the Disputes Committee only considers disputes that involve a financial
have an interest of up to €14,000. If a dispute has a financial interest of more than €14,000, the committee can only deal with it if both parties expressly agree.
If a consumer refers a dispute to the Disputes Committee, the business owner is obliged to accept it. If the entrepreneur wants to submit a dispute to the Dispute Resolution Committee, he must ask the consumer to let him know within 5 weeks whether he agrees. In doing so, the business owner must announce that – if the consumer does not respond within those 5 weeks – it may initiate court proceedings.
In dealing with the dispute and making the ruling, the Disputes Committee shall follow the rules applicable to the committee. If requested, these regulations will be sent to the consumer and/or the entrepreneur. The rulings of the Disputes Committee take the form of a binding opinion. A fee is payable for handling a dispute.
Only the court and the mentioned Disputes Committee are competent to take cognizance of disputes between the entrepreneur and the consumer.
ARTICLE 16 – PERFORMANCE BOND
1. HISWA Association guarantees that its members will comply with the binding recommendations of the
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Disputes committee fulfillment. This does not apply if a member decides to take the opinion to court for review within 2 months of its mailing. If the opinion is upheld after review by the court and the judgment showing it is irrevocable, then the guarantor reinstates.
For each binding opinion, HISWA Association pays a maximum of €10,000 to the consumer. This also applies if, according to the binding opinion, the consumer is owed more than €10,000 by the entrepreneur. In that case, the consumer receives €10,000 from HISWA Association and HISWA Association has a best-efforts obligation to ensure that the proprietor pays the rest.
To claim this warranty, the consumer must request it in writing from HISWA Association. He must also assign the claim he has against the entrepreneur to HISWA Association. In principle, if the claim exceeds €10,000, the consumer only has to transfer the portion of the claim that falls below €10,000. But if the consumer wishes, he can also transfer the portion of the claim that exceeds €10,000. HISWA Association
will then claim payment thereof from the entrepreneur in its own name and expense. Succeeds HISWA
Association therein, then it will disburse the amount to the consumer.
HISWA Association does not provide a performance bond if – before the consumer has complied with the
formal intake requirements for consideration of the dispute by the Disputes Committee – there is one of the following situations:
a. The entrepreneur has been granted suspension of payments.
b. The entrepreneur was declared bankrupt.
c. The entrepreneur’s business activities have effectively ceased.
Decisive for this situation is the date on which the business termination was registered in the Trade Register or an earlier date, for which HISWA Association can make a plausible case that the business activities were actually terminated.
The formal intake requirements mean the actions the consumer must take to have the dispute heard by the Dispute Resolution Committee. This includes paying a complaint fee, sending in a completed and signed questionnaire and any deposit.
ARTICLE 17 – CHOICE OF LAW
All disputes relating to this agreement shall be governed by Dutch law, unless other national law applies under mandatory rules.
ARTICLE 18 – DEVIATION FROM THE TERMS AND CONDITIONS
Additions or deviations from these terms and conditions are only possible if they are not to the detriment of the consumer and if they are recorded in writing or electronically in such a way that the consumer can easily store them.
ARTICLE 19 – AMENDMENTS
If HISWA Association changes these general terms and conditions, it is always done in consultation with the ANWB and the Consumers’ Association.
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