General Terms and Conditions

Contents:

Article   1 – Definitions
Article   2 – Identity of the entrepreneur
Article   3 – Applicability
Article   4 – The offer
Article   5 – The agreement
Article   6 – Right of withdrawal
Article   7 – Obligations of the consumer during the reflection period
Article   8 – Exercise of the right of withdrawal by the consumer and costs thereof
Article 9 – Obligations of the entrepreneur in case of withdrawal
Article 10 – Exclusion of the right of withdrawal
Article 11 – The price
Article 12 – Performance and additional guarantee
Article 13 – Delivery and performance
Article 14 – Long-term transactions: duration, termination and renewal
Article 15 – Payment
Article 16 – Complaints procedure
Article 17 – Disputes
Article 18 – Additional or deviating provisions
Article 19 – Cancellation or rescheduling

Article 1 – Definitions

In these terms and conditions, the following definitions apply:

1. Supplementary agreement: an agreement whereby the consumer acquires products, digital content and/or services in connection with a distance contract, and these products, digital content and/or services are supplied by the entrepreneur or by a third party on the basis of an agreement between that third party and the entrepreneur;
2. Reflection period: the period within which the consumer may exercise his right of withdrawal;
   Consumer: the natural person who is not acting for purposes related to his trade, business, craft, or professional activity;
   Day: calendar day;
   Digital content: data produced and supplied in digital form;
3. Long-term transaction: an agreement that provides for the regular delivery of goods, services and/or digital content over a certain period of time;
   Durable data carrier: any tool – including email – that enables the consumer or entrepreneur to store information addressed personally to them in a way that allows future consultation or use for a period tailored to the purpose of the information, and which allows unchanged reproduction of the stored information;
4. Right of withdrawal: the possibility for the consumer to withdraw from the distance contract within the reflection period;
   Entrepreneur: the natural or legal person who offers products, (access to) digital content and/or services to consumers at a distance;
   Distance contract: a contract concluded between the entrepreneur and the consumer within the framework of an organised system for distance selling of products, digital content and/or services, whereby exclusive or partial use is made of one or more techniques for distance communication up to and including the conclusion of the contract;
5. Model withdrawal form: the European model withdrawal form included in Annex I of these terms and conditions. Annex I need not be provided if the consumer has no right of withdrawal regarding his order;
6. Technique for distance communication: means that can be used to conclude a contract without the consumer and the entrepreneur being simultaneously present in the same location.

Article 2 – Identity of the entrepreneur

Recreatiebedrijf Geythorn and Broer Botenverhuur
Binnenpad 42 and 16
Giethoorn
Telephone: 0521-361954 and 0521-361337
Email: info@geythorn.nl
Chamber of Commerce number: 66464595
VAT-identification number: NL1952.35.708.B.02

If the entrepreneur’s activity is subject to a licensing system: information about the supervisory authority.

If the entrepreneur practises a regulated profession:

• the professional association or organisation to which he is affiliated;
• the professional title, the EU or EEA country in which the title was granted;
• a reference to the professional rules applicable in the Netherlands and information on where and how these rules can be accessed.

Article 3 – Applicability

• These general terms and conditions apply to every offer of the entrepreneur and to every distance contract concluded between the entrepreneur and the consumer.
• Before concluding a distance contract, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, the entrepreneur shall, before the distance contract is concluded, indicate where the terms and conditions can be inspected at the entrepreneur’s premises and that they will be sent to the consumer free of charge upon request.
• If the distance contract is concluded electronically, the text of these conditions may, in deviation from the previous paragraph and before the contract is concluded, be provided electronically in such a way that the consumer can store them on a durable data carrier. If this is not reasonably possible, it shall be indicated where the conditions can be accessed electronically and that they will be provided free of charge at the consumer’s request, electronically or otherwise.
• If, in addition to these conditions, specific product or service conditions apply, paragraphs 2 and 3 apply accordingly. In case of conflicting conditions, the consumer may rely on the provision most favourable to them.

Article 4 – The offer

1. If an offer has a limited validity period or is subject to conditions, this will be explicitly stated in the offer.
2. The offer contains a complete and accurate description of the offered products, digital content, and/or services. The description is sufficiently detailed to enable the consumer to make a proper assessment of the offer. If images are used, they represent the products, services, and/or digital content truthfully. Obvious mistakes or errors in the offer do not bind the entrepreneur.
3. Every offer contains such information that it is clear to the consumer what rights and obligations are attached to acceptance of the offer.

Article 5 – The agreement

1. The agreement is concluded, subject to paragraph 4, at the moment the consumer accepts the offer and meets the stated conditions.
2. If the consumer accepts the offer electronically, the entrepreneur shall immediately acknowledge receipt of the acceptance electronically. As long as this acknowledgment has not been confirmed, the consumer may dissolve the agreement.
3. If the agreement is concluded electronically, the entrepreneur shall take appropriate technical and organisational measures to secure electronic data transfer and ensure a secure web environment. If the consumer can pay electronically, the entrepreneur will take appropriate security measures.
4. The entrepreneur may – within legal limits – check whether the consumer can meet their payment obligations and all facts and factors relevant to entering into the agreement. If there are justified reasons not to conclude the agreement, the entrepreneur is entitled to refuse an order or attach special conditions.
5. The entrepreneur shall provide the following to the consumer no later than on delivery of the product, service, or digital content, in writing or in such a way that the consumer can store it on a durable data carrier:
   1. the physical address of the establishment where the consumer can submit complaints;
   2. information about the right of withdrawal or its exclusion;
   3. information about guarantees and after-sales service;
   4. the total price including taxes, delivery costs, and payment and performance conditions;
   5. the conditions for terminating the contract if it has a duration of more than one year or is of indefinite duration;
   6. if the consumer has a right of withdrawal, the model withdrawal form.
6. For long-term transactions, the previous paragraph applies only to the first delivery.

Article 6 – Right of withdrawal

For products:

1. The consumer may dissolve a purchase agreement for a product within a reflection period of at least 14 days without giving reasons. The entrepreneur may ask for the reason but cannot require it.
2. The reflection period referred to in paragraph 1 starts on the day after the consumer, or a third party designated by the consumer who is not the carrier, has received the product, or:
   1. if the consumer has ordered several products in the same order: the day on which the consumer or a designated third party receives the last product;
   2. if the delivery of a product consists of several shipments or parts: the day on which the consumer or a designated third party receives the last shipment or part;
   3. for agreements for regular delivery of products over a period: the day on which the consumer or a designated third party receives the first product.

For services and digital content not supplied on a physical carrier:

1. The consumer may dissolve a service contract and a contract for the supply of digital content not supplied on a physical carrier within at least 14 days without giving reasons. The entrepreneur may ask for the reason but cannot require it.
2. The reflection period starts on the day following the conclusion of the contract.

Extended reflection period when information on the right of withdrawal was not provided:

1. If the entrepreneur has not provided the mandatory information on the right of withdrawal or the model withdrawal form, the reflection period ends twelve months after the end of the original reflection period.
2. If the entrepreneur provides this information within twelve months of the start of the original reflection period, the reflection period ends 14 days after the consumer receives the information.

Article 7 – Obligations of the consumer during the reflection period

1. During the reflection period, the consumer shall handle the product and packaging carefully. They shall only unpack or use the product as far as necessary to determine the nature, characteristics, and functioning of the product, as they would in a physical store.
2. The consumer is only liable for any reduction in value of the product caused by handling beyond what is permitted in paragraph 1.
3. The consumer is not liable for any reduction in value if the entrepreneur failed to provide all legally required information on the right of withdrawal.

Article 8 – Exercise of the right of withdrawal by the consumer and costs thereof

1. If the consumer exercises the right of withdrawal, they notify the entrepreneur within the reflection period using the model form or another unambiguous declaration.
2. As soon as possible, but within 14 days from the day following the notification referred to in paragraph 1, the consumer returns the product or hands it over to (an authorised representative of) the entrepreneur, unless the entrepreneur has offered to collect it.
3. The consumer returns the product with all supplied accessories, if reasonably possible in the original condition and packaging, and in accordance with reasonable and clear instructions.
4. The risk and burden of proof for the correct and timely exercise of the right of withdrawal lies with the consumer.
5. The consumer bears the direct costs of returning the product, unless the entrepreneur has failed to inform the consumer that these costs are for the consumer’s account, or the entrepreneur indicates that they will bear the costs.
6. If the consumer withdraws after having explicitly requested the commencement of a service or the supply of utilities during the reflection period, the consumer owes the entrepreneur an amount proportional to the part of the obligation performed at the time of withdrawal.
7. The consumer owes no costs for the performance of services or the supply of water, gas or electricity (not prepared for sale in a limited volume or quantity), or for district heating, if:
   1. the entrepreneur has not provided the legally required information about the right of withdrawal, compensation in case of withdrawal, or the model withdrawal form, or;
   2. the consumer did not explicitly request the commencement of performance during the reflection period.
8. The consumer owes no costs for the full or partial delivery of digital content not supplied on a physical carrier, if:
   1. they did not explicitly consent to the commencement of performance before the end of the reflection period;
   2. they did not acknowledge losing their right of withdrawal by giving consent; or
   3. the entrepreneur failed to confirm this acknowledgement.
9. If the consumer exercises the right of withdrawal, all supplementary agreements are automatically dissolved.

Article 9 – Obligations of the entrepreneur in case of withdrawal

1. If the entrepreneur enables notification of withdrawal electronically, they shall immediately send an acknowledgment of receipt.
2. The entrepreneur shall reimburse all payments made by the consumer, including delivery costs charged for the returned product, without delay and within 14 days following the day the consumer notifies the withdrawal. Unless the entrepreneur offers to collect the product, they may wait with the refund until they have received the product or the consumer provides proof of return, whichever is earlier.
3. The entrepreneur uses the same means of payment that the consumer used, unless the consumer agrees to a different method. The refund is free of charge for the consumer.
4. If the consumer has chosen a more expensive delivery method than the cheapest standard delivery, the entrepreneur is not required to refund the additional costs.

Article 10 – Exclusion of the right of withdrawal

The entrepreneur may exclude the following products and services from the right of withdrawal, but only if this was clearly stated before the contract was concluded:

1. Products or services whose price depends on fluctuations in the financial market beyond the entrepreneur’s control and which may occur within the withdrawal period;
2. Agreements concluded during a public auction. A public auction is a method of sale where products, digital content and/or services are offered by the entrepreneur to the consumer who is personally present or has the opportunity to be personally present at the auction, under the direction of an auctioneer, and where the successful bidder is obliged to purchase the products, digital content and/or services;
3. Service contracts after full performance of the service, but only if:
   1. performance started with the consumer’s explicit prior consent; and
   2. the consumer acknowledged losing the right of withdrawal once the entrepreneur fully performed the contract;
4. Package travel as referred to in Article 7:500 of the Dutch Civil Code and passenger transport contracts;
5. Service contracts for the provision of accommodation, if a specific date or period is provided and not for residential purposes, goods transport, car rental or catering;
6. Agreements related to leisure activities, if the contract provides for a specific date or period of performance;
7. Products made to the consumer’s specifications, which are not prefabricated and are made based on an individual choice or decision, or are clearly intended for a specific person;
8. Products that spoil quickly or have a limited shelf life;
9. Sealed products which are not suitable to be returned for reasons of health protection or hygiene and whose seal has been broken after delivery;
10. Products that, after delivery, are inseparably mixed with other products by their nature;
11. Alcoholic beverages whose price was agreed at the time of the contract, but which can only be delivered after 30 days and whose actual value depends on market fluctuations beyond the entrepreneur’s control;
12. Sealed audio or video recordings and computer software, once the seal has been broken after delivery;
13. Newspapers, periodicals or magazines, with the exception of subscriptions;
14. The supply of digital content other than on a physical medium, but only if:
    1. performance started with the consumer’s explicit prior consent; and
    2. the consumer acknowledged thereby losing the right of withdrawal.

Article 11 – The price

1. During the validity period stated in the offer, the prices of the products and/or services will not be increased, except for changes due to VAT rates.
2. In deviation from the previous paragraph, the entrepreneur may offer products or services with variable prices if these depend on fluctuations in the financial market and are beyond the entrepreneur’s control. This dependence on fluctuations and the fact that any listed prices are target prices will be mentioned in the offer.
3. Price increases within 3 months after conclusion are only permitted if they result from statutory regulations or provisions.
4. Price increases from 3 months after conclusion are only permitted if:
   1. they result from statutory regulations or provisions; or
   2. the consumer may terminate the contract as of the date the increase takes effect.
5. The prices stated in offers of products or services are inclusive of VAT.

Article 12 – Performance and additional guarantee

1. The entrepreneur guarantees that the products and/or services comply with the agreement, the specifications stated in the offer, reasonable requirements of soundness and/or usability, and legal requirements and government regulations in force on the date the agreement was concluded. If agreed, the entrepreneur also guarantees that the product is suitable for other than normal use.
2. An additional guarantee provided by the entrepreneur, its supplier, manufacturer or importer never limits the legal rights and claims that the consumer can assert against the entrepreneur if the entrepreneur fails to fulfil its obligations under the agreement.
3. Additional guarantee means any obligation by the entrepreneur, its supplier, importer or producer in which specific rights or claims are granted to the consumer that go beyond what is legally required in case of breach of contract.

Article 13 – Delivery and performance

1. The entrepreneur shall exercise the greatest possible care when receiving orders and executing product orders and when assessing requests for the provision of services.
2. The place of delivery is the address provided by the consumer to the entrepreneur.
3. With due observance of what is stated in Article 4 of these terms and conditions, the entrepreneur shall execute accepted orders with due speed but at the latest within 30 days, unless another delivery period has been agreed. If delivery is delayed, or if an order cannot or can only partially be executed, the consumer will be notified no later than 30 days after placing the order. In that case, the consumer has the right to dissolve the agreement at no cost and is entitled to any compensation where applicable.
4. After dissolution in accordance with the previous paragraph, the entrepreneur will refund the amount paid by the consumer without delay.
5. The risk of damage to and/or loss of products remains with the entrepreneur until the moment of delivery to the consumer or a representative designated in advance and made known to the entrepreneur, unless expressly agreed otherwise.

Article 14 – Long-term transactions: duration, termination and renewal

Termination:

1. The consumer may terminate an agreement entered into for an indefinite period and that provides for the regular delivery of products (including electricity) or services at any time, subject to agreed termination rules and a notice period of no more than one month.
2. The consumer may terminate an agreement entered into for a fixed period and that provides for the regular delivery of products (including electricity) or services at the end of the fixed term, subject to agreed termination rules and a notice period of no more than one month.
3. The consumer may:
   • terminate the agreements referred to in the previous paragraphs at any time and not be restricted to termination at a specific time or in a specific period;
   • terminate such agreements at least in the same way as they were entered into;
   • always terminate them with the same notice period as the entrepreneur has stipulated for itself.

Renewal:

1. An agreement entered into for a fixed period and that provides for the regular delivery of products (including electricity) or services may not be tacitly renewed or extended for a fixed period.
2. In deviation from the previous paragraph, a fixed-term agreement for the regular delivery of daily, news and weekly newspapers and magazines may be tacitly renewed for a fixed period of up to three months, if the consumer may terminate this extended agreement at the end of the extension with a notice period of no more than one month.
3. An agreement entered into for a fixed period and that provides for the regular delivery of products or services may only be tacitly renewed for an indefinite period if the consumer may terminate it at any time with a notice period of no more than one month. The notice period is not more than three months if the contract concerns the regular, but less than monthly, delivery of daily, news and weekly newspapers and magazines.
4. A fixed-term introductory subscription for the regular delivery of daily, news and weekly newspapers and magazines (trial or introductory subscription) is not tacitly renewed and ends automatically after the trial or introductory period.

Duration:

1. If a contract has a duration of more than one year, the consumer may terminate it at any time after one year with a notice period of no more than one month, unless termination before the end of the agreed duration is unreasonable or unfair.

Article 15 – Payment

1. Unless otherwise stated in the agreement or additional conditions, amounts owed by the consumer must be paid within 14 days after the start of the reflection period, or if no reflection period applies, within 14 days after conclusion of the agreement. For a service contract, this period starts on the day after the consumer receives confirmation of the agreement.
2. In the sale of products to consumers, the consumer may never be obliged in general terms and conditions to pay more than 50% in advance. Where advance payment is agreed, the consumer cannot assert any rights regarding the execution of the order or service(s) until the agreed advance payment has been made.
3. The consumer has the duty to report inaccuracies in payment details provided or stated without delay.
4. If the consumer fails to meet payment obligations on time, after being reminded by the entrepreneur of the late payment and given a 14-day period to still fulfil payment obligations, the consumer owes statutory interest on the outstanding amount and the entrepreneur is entitled to charge extrajudicial collection costs. These costs amount to a maximum of: 15% on outstanding amounts up to €2,500; 10% on the next €2,500 and 5% on the following €5,000, with a minimum of €40. The entrepreneur may apply lower amounts and percentages in favour of the consumer.

Article 16 – Complaints procedure

1. The entrepreneur has a sufficiently publicised complaints procedure and handles complaints in accordance with this procedure.
2. Complaints about the performance of the agreement must be submitted to the entrepreneur within a reasonable time after the consumer has discovered the defects, fully and clearly described.
3. Complaints submitted to the entrepreneur will be answered within 14 days from the date of receipt. If a complaint requires a foreseeably longer processing time, the entrepreneur will respond within 14 days with a confirmation of receipt and an indication of when the consumer can expect a more detailed answer.
4. The consumer must in any event allow the entrepreneur at least four weeks to resolve the complaint in mutual consultation. After this period, the complaint becomes a dispute subject to the dispute settlement.

Article 17 – Disputes

1. Only Dutch law applies to agreements between the entrepreneur and the consumer to which these general terms and conditions relate.

Article 18 – Additional or deviating provisions

Additional or deviating provisions from these terms and conditions may not be to the detriment of the consumer and must be recorded in writing or in such a way that they can be stored by the consumer on a durable data carrier.

Article 19 – Cancellation or rescheduling

1. Reserved boats can be cancelled up to one day before the reserved date. A fee of €10.00 will be charged; the remaining amount will be refunded to the account used for payment. Please note: on the reserved day itself it is not possible to cancel your boat. To cancel, please contact us by email at info@geythorn.nl or by telephone at 0521-361954.
2. If you are unable to come on the planned date, you can reschedule your boat reservation free of charge up to one day in advance. Your boat can be moved to a new date, provided that this boat is still available on the desired date. To reschedule your reservation, please contact us by email at info@geythorn.nl or by telephone at 0521-361954.