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GENERAL CONDITION 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 latest on the first day of hire and before using
the boat.
2. DEPOSIT
The hirer shall pay a deposit of according to the actual boat,
if this has been agreed in the case of hiring times of a week
or more, as security for the liability that the hirer could incur
according to this contract.
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 corresponding 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.
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.
4. THE
HIRER'S OBLIGATIONS
A/ The boat driver's competence and experience.
The hirer shall have sufficient skills to be able to manoeuvre
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 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 returning 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.
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 its equipment make
a report to the police and provide a copy of the report to
the boat provider. Failure to complete 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.
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 before
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.
Download Conditions of hire as a pdf-file.
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Book
now for 2010!
We have already a lot of bookings and inquirys for season 2010. Want
to be sure of a week? Contact us at
boka@kanalcharter.se or make your inquryy on the mail form.
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KINDA KANAL
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