Article 1. Applicability and definitions
1.1 These terms and conditions apply to all offers made by Ocean Premium B.V. and to all agreements concluded by Ocean Premium B.V. concerning the rental of Water Toys (as defined further below).
1.2 Ocean Premium B.V. (‘Ocean Premium’) is a corporation under Dutch law, established in Westland, having its main office at Jupiter 65 (2685 LV) Poeldijk, registered at the Dutch Chamber of Commerce under number 73339555, VAT-ID NL859470702B01
1.3 Ocean Premium rents out water equipment, such as, but not limited to, seabobs, e-foils, inflatable slides,kayaks, SUPs, jetskis, bouncers and surfboards (together, ‘Water Toys’). The natural person or legal entity renting these Water Toys from Ocean Premium is referred to in these terms and conditions as ‘Renter’.
1.4 The applicability of other terms and conditions is explicitly rejected, unless agreed otherwise in writing.
Article 2. Fees and payment terms
2.1 All prices offered by Ocean Premium are in Euro, excluding Value Added Tax (VAT), unless indicated otherwise.
2.2 Renter will owe a rental fee, plus delivery and pick-up fee and VAT (if applicable) for each rental of Water Toys. In addition, Renter is generally obligated to pay a security deposit to Ocean Premium. The total fee (rental fee + delivery and pick-up fee + VAT (if applicable) + security deposit) is payable on the following terms:
- A 50% of rental, delivery and pick-up fee is payable 24h after signing Rental agreement;
- The remaining 50% is payable no later than two weeks before the start of the rental period.
- Security deposit is payable 48h before the scheduled delivery
2.3 Payment of invoices must be effected no later than the payment date indicated on the invoice. If no such date is indicated, payment must be effected within 14 days of the invoice date. Renter does not have the right of suspension or set-off. If any payment term is exceeded, Renter will be in default by operation of law and will owe late payment interest equal to the prevailing statutory interest.
2.4 If debt collection efforts are taken in respect of a Renter who is in default, the Renter will have to pay all court costs and extrajudicial expenses that relate to collecting the claim. The extrajudicial costs and expenses will be set at 20% of the outstanding balance, with a minimum of EUR 125,–, or the actual costs and expenses, if these exceed 20% of the outstanding balance or EUR 125,–. If the Renter is a consumer, i.e. not acting in the course of a business or profession, the Renter is obliged to pay extrajudicial collection costs calculated in accordance with the Act on the Standardisation of Extrajudicial Collection Costs (Wet ter normering buitengerechtelijke incassokosten) as a percentage of the principal amount and with a minimum rate of EUR 40,–.
2.5 If the payment term referred to in Section 2.2 and 2.3 of these terms and conditions is exceeded, Ocean Premium will be entitled to suspend performance of the engagement or – after written demands have been served – to dissolve or terminate the agreement.
Article 3. Security deposit
3.1 Ocean Premium may require Renter to deposit a security deposit for each Water Toy rented.
3.2 The security deposit shall be held by Ocean Premium and may be used in, or towards, discharging any damage or liability that Renter may incur under the provisions of the rental agreement.
3.3 Ocean Premium will inspect the Water Toys after pick-up. Inspection is done on the spot and/or at Ocean Premium’s workplaces, depending on the nature of the Water Toys. If the Water Toys are returned in accordance with Renter’s obligations under the rental agreement, the security deposit shall be refunded without interest to Renter.
Article 4. Obligations of Ocean Premium
4.1 Ocean Premium shall deliver the agreed Water Toys to Renter at the agreed location in a complete, good and seaworthy condition. Water Toys running on fuel and/or batteries will be delivered with full fuel tank and/or fully charged.
Article 5. Obligations of Renter
5.1 Renter will inspect the Water Toys at delivery. Any damages upon delivery must be reported to Ocean Premium in writing and supported with photos.
5.2 Renter shall use the Water Toys with care and in accordance with their nature. Renter declares he/she is fully aware of how to operate the Water Toys. The Water Toys shall not be used for any illegal purpose. It is furthermore prohibited to sub rent Water Toys without Ocean Premium’s explicit written authorization.
5.3 Repairs to the Water Toys during the rental period without Ocean Premium’s prior authorization are for account and risk of Renter.
5.4 In the event of damage to or loss of the Water Toys, whether due to Renter’s fault or not, Renter will immediately contact Ocean Premium by phone and send Ocean Premium a written report of the incident as soon as reasonably possible. Renter shall follow Ocean Premium’s instructions with respect to the handling of the incident. Renter is furthermore obligated to have the police, if possible, prepare an official report at the scene of the incident. If Renter is in default with respect to any of the obligations mentioned above, Renter is liable for all damages suffered by Ocean Premium as a result.
5.5 Renter will return the Water Toys at the agreed time and place. Renter will return the Water Toys undamaged, working, complete, rinsed, clean and (if applicable) with full fuel tank and/or fully charged.
5.6 If Renter fails to meet any of its obligations under clause 5.5, Renter owes Ocean Premium the following fees:
- Late return with prior notice: daily rental fee for each (part of) day of delay.
- Late return without prior notice: daily rental fee for each (part of) day of delay + (if applicable) lost next rental.
- Unrinsed/dirty return: EUR 150.
- Return with empty fuel tank: EUR 50 + cost of fuel.
- Return not fully charged: EUR 150.
- Damaged return (i.e. visible damage and/or non-working): cost for repair + (if applicable) lost next rental.
- Return incomplete (missing parts): cost for part(s) + (if applicable) lost next rental.
Ocean Premium may use the security deposit for any of the fees mentioned above. If the fees exceed the security deposit, Renter will be charged for the remaining fees. Abovementioned fees do not prejudice Ocean Premium’s right to damages.
Article 6. Cancellations and refunds
6.1 In the event of a cancellation by Renter, Ocean Premium will issue refunds as follows:
- 4 weeks or more before the start of the rental period: 80% refund.
- In between 1 and 4 weeks before the start of the rental period: 50% refund.
- 1 week or less before the start of the rental period: no refund.
6.2 If a Water Toy fails during the rental period and the failure is not the result of incorrect use by Renter, accidents or other circumstances beyond Ocean Premium’s control, Renter is entitled to a credit note towards the next rental.
6.3 In the event of a late delivery by Ocean Premium, Renter is, in any event, not entitled to a refund in the following situations:
- Late delivery is due to force majeure, including, but not limited to, traffic jams, broken cars and extreme weather conditions.
- Late delivery is due to Renter’s late confirmation or a last minute change of delivery location made by Renter.
- Delivery at the agreed location is not possible due to location regulations, absence of slips, ramps, cranes or manpower necessary to safely launch or on-board Water Toys, unless Ocean Premium was notified in advance of the necessity to provide such slips, ramps, cranes or manpower and agreed to provide these to Renter.
Article 7. Liability Renter and indemnification
7.1 Renter is liable for all damage to the Water Toys caused during the rental period (including damage through loss or theft) and for any indirect, incidental or consequential damages as a result, including the loss of next rentals by Ocean Premium.
7.2 You understand and accept the risks associated with the operation of Water Toys. You agree to indemnify and hold harmless Ocean Premium from any and all injuries to yourself, third parties or your or third party property. For the avoidance of doubt, you fully and irrevocably waive your right to seek any compensation or damages from Ocean Premium as a result of the risks stated above.
7.3 Renter agrees to indemnify and hold harmless Ocean Premium for all fines and penalties due to violations of the law incurred with respect to the use of the Water Toys during the rental period.
7.4 The provisions of this article do not apply if Renter proves that the amounts owed by Renter are a result of a defect of the Water Toy that was already present at the start of the rental period.
Article 8. Liability Ocean Premium
8.1 The liability of Ocean Premium in connection with the rental of Water Toys, whether based on contract, tort, or any other legal ground, is excluded, unless the damage is caused by wilful acts or gross negligence of Ocean Premium’s management.
8.2 Paragraph 7.4 applies accordingly.
Article 9. Privacy
Article 10. Plurality of Renter
10.1 If two or more natural persons and/or legal entities rent Water Toys from Ocean Premium, each of these persons or entities is jointly and severally liable for all obligations under the rental agreement.
Article. 11. Non-performance and termination
11.1 Ocean Premium has the right to terminate the rental agreement at any time, without notice of default, with immediate effect by an extrajudicial statement if, in Ocean Premium’s opinion, the Water Toys are not used with care or if the Water Toys are not returned within the maximum agreed rental period.
11.2 Ocean Premium also has the right to terminate the rental agreement in the event of bankruptcy or (provisional) suspension of payment of Renter, without notice of default, with immediate effect by means of an extrajudicial statement.
Article 12. Miscellaneous
12.1 If any part of the rental agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
12.2 If you have any complaints about our rental services, please contact us at firstname.lastname@example.org. We are committed to working with you to find a resolution.
12.3 The English version of these terms and conditions is the official version. Translations in other languages may be made available as a service. If a conflict exists between such a translation and the English version, the English version prevails.
Article 13. Applicable law
13.1 The rental agreement is governed by the laws of the Netherlands.
13.2 Any dispute arising out of or relating to the rental agreement shall be brought before the competent court of the Hague in the Netherlands.