Terms and Conditions
General Terms and Conditions applicable to HouseboatRental
I. Introductory provisions
These terms (hereafter referred to as “Lease”) hire POSEIDON BOAT RENTALS s.r.o. based at Schnirchova 1082/33, 17000 Praha 7 – Holešovice, ID: 02896184 (hereafter referred to as “Lessor”), and overseethe mutual contractual relationship between the Lessor and the client, either a natural or legal person (“Client”), in accordance with the relevant provisions of generally binding legal regulations of the Czech Republic.
II. Course of the lease
Rental period is exactly defined in the relevant lease of recreational vessels. Weekly rental starts on Monday between 8 a.m. to 1 p.m., and ends on Sunday between 12 a.m. (noon) to 4 p.m. Refundable deposit, in the amount of 10 000 CZK, is payable in cash on delivery of the vessel. Return of deposit is subject to the timely return of the boat at the agreed place in the same state it was in at the beginning of lease – including complete equipment and outfit. Return of deposit is held until the delivery of the vessel.
Final cleaning is performed bythe Client (lessee) timely and properly, so that the ship can be returned to the Lessor at the delivery time indicated in the lease of recreational vessels. If the Client (lessee) has paid for the final cleaning procedure, it will be carried out by workerson shore.
One-waycruise: when ordering a boat, it is possible to order a one-way cruise. Surcharge for one-way cruise is according to the agreement and will be stated in the lease. The Client may individually discuss with the Lessor about options for one-way cruise. Surcharge for one-way cruise is payable in cash upon acceptance of the boat. Schedule change or complete cancellation of one-way cruises may be made by the Lessorup to two days before departure, and this change cannot be a reason for complaint from the Client (lessee) and also cannot be regarded as a reason for withdrawal from contract.
Pets:domestic animals on board is possible only upon approval of the Lessor. In case of approval, the Client (lessee) carries the obligation to pay the final cleaning of boats by workers on shore.
III. Price and terms of payment
The Lessor, POSEIDON BOAT RENTALS s.r.o., is entitled to payment before providing services and the Client is obliged to pay for services before departure. Agreed price for the service is always stated in the lease.
Advance payments and the payment schedule is usually arranged as follows:
A deposit of 50% is payable in cash immediately upon validation of the contractual relationship in the Lease, with signatures of a binding order for the rental of the recreational vessel. Withnon-cashpayment,the deposit of 50% is payable within 3 working days from the date of the contract, signing a binding order of the vessel for cruising, stated in the Lease. The balance is to be paid on an invoice no later than 14 days before the first day of rental.
Costs directly related to the voyage (e.g., port charges and fuel reimbursement) are not included in the rental price and are paid in cash or by credit card at the customer service location.
Without timely payment in advance, this order or contract becomes null and void, and the ordered service is canceled without warning to the Client.
If there is a contractual relationship between the Lessor and the Client in less than 14 days before the first day of the fulfillment of services, the Client is obliged to pay 100% of the price of the service immediately upon the establishment of the contractual relationship, or at the time of validation of the Lease. In case of failure to do so, the contract becomes void and the ordered service is canceled.
Methods of payment:
- Bank transfer or deposit are possible only on the basis of invoices issued, because a variable symbol is always necessary to indicate the number of invoices
IV. Rights and obligations
The Client has the right to proper provision of contracted and paid services, including any information relating to these services.
Vessel may be operated only by those over 18 years old. During the lease, he or she must comply with all applicable provisions of law relating to maritime traffic, especially the Navigation Safety Regulations. Boating holiday periods and areas for individual vessels are specified in the lease.
For the operation of the selected boat, no license or test is required, based on the amendment of the Decree of the Ministry of Transport of the Czech Republic No. 224/1995 Coll.
The Client (lessee) shall use the vessel in an orderly manner, and according to their possibilities is obliged to prevent any damage to the vessel or other vessels,waterways, etc. The Client is also obliged to take care of their safety and protection of personal property on board.
The Client must not transfer the vessel to a third party, and cannot carry out any modifications to the vessel, with or without the landlord’s consent to implement repair to the vessel. In case of any faults or damage to the vessel, the Client is obliged to immediately notify the Lessor.
The Client (or the leader of the vessel, i.e., the one who at the time of any event was operating the vessel) carries criminal liability for an accident caused by him or her, for any breach of the applicable navigation rules.
The Client is obliged to return the vessel on time, at a specified place and in proper condition. In case of any faults or damages caused by the Client, the Lessor is entitled to require financial compensation from the Client.
A specific lease can add or modify some points of these Terms.
If the Client (lessee) seriously violates the provisions of the Lease agreement, or the Terms and Conditions, the Lessor may terminate the lease agreement and immediately remove the vessel. The price of the rental includes assistance in the event of a fault or failure, which the Lessor agrees to solvewith the minimum of delay, act impartially and use to resolve the issue throughhis knowledge and skills. Assistance service is available daily from 9 a.m. to 7 p.m. If the voyage is unable to proceed because of afault not caused by the Client, and such time exceeds twenty-four hours, the Lessor is obliged to pay back to the Clientthe amount adequate to the time the sailing vessel is not capable. This period is to be counted from the moment when the Client shall notify the Lessor of the existence of the issue. The Lessor shall repair the fault without delay, and spend the necessary time to resolve the issue and prevent any emergency. In case of flooding, water shortages, restrictions on the selected section (due to flooding or drought), damage to the watercourse or other events which make the voyage on the water impossible or difficult, the Client may consider the restrictions associated with the part of the route, and decide to change the embarkation of the voyage. This only applies in the case when an event occurs complicating the operation of the route navigation, and exceeds the limitation period of longer than twenty-four hours.
V. Cancellation conditions:
Upon ordering the rental of the boat, theClient has the right to a cancellation fee insurance. This insurance must be enclosed at the time of arranging the service. Later such insurance of cancellation charges is not possible.
The amount of cancellation fees:
- Up to 180 days before departure, 10% of the total rental cost
- Up to 7 days before departure, 50% of the total rental cost
- 6 days or less before departure, 100% of total rental cost
These conditions do not apply if one party is able to suggest an alternative acceptable to both parties. If the Client returns the vessel laterthan the agreed time or elsewhere than the agreed place, the Lessor has the right to adequate compensation.
The Client is obliged to informedthe Lessor of any possible claimswithout delay. In the case of a complaint, the Client is obliged to announce the issue without delay directly to the Lessor, so that any deficiencies can be remedied on the spot. If the claim is not presented immediately, the Client may be obliged to refund any later damages which could have been prevented.
Claims cannot be subject to the following: schedule change or complete cancellation of one-way cruise; change of the departure or destination port;any accidental damage to Client’s property; changes in the operating times of locks; navigation restrictions caused by inclement weather; etc.
If any fault on board is not caused by the Client and the vessel is incapable of operating for a period exceeding 24 hours, the Lessor mustcompensate the Client for an amount adequate to the time the vessel was incapable.
VII. Final provisions
By submitting a signed lease,the Client agrees to the fact that the Lessor in accordance with § 5, paragraph 2 of the Act. No. 101/2000 Coll., will protect all personal data processed for the Client, including social security numbers. The Lessor is entitled to process the personal information of the Client in order to offer services and acquisition activity. The Client has the right to consent to the processing of personal data at any time in writing. These conditions come into force and effect on January 1, 2013. By signing the rental contract or the transfer protocol, the Client confirms that he/she understands and fully respects these terms.