General Terms and Conditions of Fun Rental

Email: verhuur@funverhuur.nlWebsite: www.funverhuur.nlDefinitions

Fun Verhuur: Fun Verhuur B.V., established in Reeuwijk under KvK no. 84758562.
Customer: the person with whom Fun Rental has entered into an agreement.
Parties: Fun Rental and client together.
Consumer: a customer who is also an individual acting as a private person.

Article 1 – Applicability of general terms and conditions

These terms and conditions apply to all quotations, offers, work, orders, agreements and deliveries of services or products by or on behalf of Fun Rental.
The parties may deviate from these terms and conditions only if they have expressly agreed to do so in writing.
The parties expressly exclude the applicability of additional and/or different general terms and conditions of the customer or third parties.

Article 2 – Prices

All prices quoted by Fun Verhuur are in euros, include VAT and exclude any other costs such as administration fees, levies and travel, shipping or transport costs, unless otherwise expressly stated or agreed upon.
All prices Fun Rental charges for its services and products, on its website or otherwise disclosed, Fun Rental may change at any time.
The parties will agree on a total amount for a service provided by Fun Rental as a guide price, unless the parties have expressly agreed in writing on a fixed price, which cannot be deviated from.
Fun Rental is entitled to deviate up to 10% from the guide price.
If the target price is going to be more than 10% higher, Fun Rental must inform the customer in a timely manner why a higher price is justified.
If the guide price exceeds the guide price by more than 10%, the customer has the right to cancel the part of the order that exceeds the guide price plus 10%.
Fun Rental has the right to adjust prices at any time.
Prior to its effective date, Fun Rental will communicate price adjustments to the customer.
The consumer has the right to terminate the agreement with Fun Rental if he does not agree to the price increase.

Article 3 – Payments and term of payment

The Customer must make payment in advance unless expressly agreed otherwise between the parties.
If the parties have agreed on a payment term, it will be a maximum of 14 calendar days after invoicing.
Fun Rental may require a deposit of up to 50% of the agreed amount at the time of entering into the agreement.
Payment deadlines are considered to be deadlines for payment. This means that if the customer has not paid the agreed amount at the latest on the last day of the payment period, he will be in default by operation of law, without Fun Verhuur having to send the customer a reminder or declare him in default.
Fun Rental reserves the right to make delivery contingent upon immediate payment or to require security for the total amount of the Services or Products.

Article 4 – Consequences of not paying on time

If the customer fails to pay within the agreed period, Fun Rental will be entitled to charge the statutory interest rate of 2% per month for non-commercial transactions and the statutory interest rate of 8% per month for commercial transactions from the date the customer is in default, with part of a month counting as a whole month.
If the customer is in default, he will also owe extrajudicial collection costs and any damages to Fun Rental.
Collection costs are calculated according to the Compensation for Extrajudicial Collection Costs Decree.
If the customer fails to pay on time, Fun Rental may suspend its obligations until the customer has fulfilled his payment obligation.
In the event of liquidation, bankruptcy, attachment or suspension of payments on the part of the customer, Fun Rental’s claims against the customer will be immediately due and payable.
If the customer refuses to cooperate in Fun Verhuur’s performance of the agreement, he or she will still be obliged to pay Fun Verhuur the agreed price.

Article 5 – Right of advertising

Once the customer is in default, Fun Rental will be entitled to invoke the right of complaint with respect to the unpaid products delivered to the customer.
Fun Rental invokes the right of claim by written or electronic notice.
As soon as the customer is informed of the right of complaint invoked, the customer must immediately return the products to which this right relates to Fun Verhuur, unless the parties agree otherwise.
The cost of recovering or bringing back the products shall be borne by the customer.

Article 6 – Right of Suspension Unless the client is a consumer, the client waives the right to suspend performance of any obligation arising from this agreement. Article 7 – Right of retention

Fun Verhuur may invoke its right of retention and in that case retain any products of the customer until the customer has paid all outstanding bills to Fun Verhuur, unless the customer has provided adequate security for those costs.
The lien shall also apply pursuant to any prior agreements from which the customer still owes payments to Fun Rental.
Fun Rental shall never be liable for any loss that the customer may suffer as a result of exercising his lien.

Article 8 – Set-off Unless the customer is a consumer, the customer waives his right to set off any debt to Fun Verhuur against any claim against Fun Verhuur. Article 9 – Reservation of title

Fun Verhuur will remain the owner of all delivered products until the customer has complied in full with all his payment obligations to Fun Verhuur under any agreement concluded with Fun Verhuur, including claims for failure to perform.
Until such time, Fun Rental may invoke its retention of title and repossess the goods.
Before ownership has passed to the customer, the customer may not pledge, sell, dispose of or otherwise encumber the products.
If Fun Verhuur invokes its retention of title, the agreement will be deemed to have been dissolved and Fun Verhuur will be entitled to claim damages, lost profits and interest.

Article 10 – Delivery

Delivery will take place while supplies last.
Delivery will be made at Fun Rental’s premises, unless the parties have agreed otherwise.
Delivery of products ordered online will take place at Fun Rental.
If the agreed amounts are not paid or not paid on time, Fun Rental will be entitled to suspend its obligations until the agreed part has been paid.
Late payment constitutes creditor default, with the result that the customer cannot hold a late delivery against Fun Rental.

Article 11 – Delivery time

Any delivery dates given by Fun Verhuur are indicative and, if exceeded, will not entitle the customer to rescission or compensation unless the parties have expressly agreed otherwise in writing.
The delivery period commences when the customer has fully completed the (electronic) ordering process and has received an (electronic) confirmation thereof from Fun Verhuur.
Failure to meet the stated delivery time will not entitle the customer to compensation or the right to terminate the agreement, unless Fun Verhuur is unable to deliver within 14 days of being given written notice or the parties have agreed otherwise.

Article 12 – Actual delivery The customer must ensure that the actual delivery of the products ordered by him can take place on time. Article 13 – Transport costs Transport costs shall be borne by the customer, unless the parties have agreed otherwise. Article 14 – Packaging and shipment

If the packaging of a delivered product has been opened or damaged, the customer must, before taking delivery of the product, have the carrier or delivery person make a note of this, failing which Fun Verhuur cannot be held liable for any damage.
If the customer himself arranges for transportation of a product, he must report any visible damage to products or packaging to Fun Verhuur prior to transportation, failing which Fun Verhuur can not be held liable for any damage.

Article 15 – Insurance

The customer undertakes to adequately insure the following items and keep them insured against, among other things, fire, explosion and water damage as well as theft:
1. delivered items necessary for the performance of the underlying contract
2. items from Fun Rental that are on the customer’s premises
3. goods delivered under retention of title
It is mandatory for the customer to hold private liability insurance, with coverage for liability for damage caused with or by a boat with a power not exceeding 3 kW (4 HP)
The customer shall make the policy of such insurance available for inspection at Fun Rental’s first request.

Article 16 – Retention

If the customer does not take delivery of ordered products until later than the agreed delivery date, the risk of any loss of quality shall be borne entirely by the customer.
Any additional costs resulting from premature or late purchase of products shall be borne entirely by the customer.

Article 17 – Warranty

If the parties have entered into an agreement with a service character, it contains for Fun Rental only an obligation of effort and therefore no obligation of result.
The warranty with respect to products applies only to defects caused by faulty manufacture, construction or material.
The warranty does not apply in the case of normal wear and tear and damage caused by accidents, modifications made to the product, negligence or incompetent use by the customer, as well as when the cause of the defect cannot be clearly determined.
The risk of loss, damage or theft of the products that are the subject of an agreement between the parties is transferred to the customer at the time they are legally and/or actually delivered, or at least come into the control of the customer or of a third party who takes delivery of the product on behalf of the customer.

Article 18 – Execution of the agreement

Fun Rental will perform the Agreement to the best of its knowledge and ability and in accordance with the requirements of good workmanship.
Fun Rental will have the right to have all or part of the agreed services performed by third parties.
The execution of the agreement shall be by mutual agreement and after written agreement and payment of any agreed advance by the client.
It is the customer’s responsibility to ensure that Fun Rental can begin performance of the agreement in a timely manner.
If the customer has not ensured that Fun Verhuur can commence performance of the agreement in a timely manner, the resulting additional costs and/or additional hours will be borne by the customer.

Article 19 – Provision of information by the customer

The customer shall make all information, data and records relevant to the proper performance of the agreement available to Fun Verhuur in a timely manner and in the desired form and manner.
The customer guarantees the accuracy, completeness and reliability of the information, data and documents provided, even if they originate from third parties, insofar as the nature of the agreement does not dictate otherwise.
If and to the extent requested by the customer, Fun Rental will return the relevant documents.
If the customer fails to provide the information, data or documents reasonably required by Fun Verhuur, or fails to do so on time or properly, and the performance of the agreement is delayed as a result, the resulting additional costs and additional hours will be for the customer’s account.

Article 20 – Indemnification The customer indemnifies Fun Verhuur against all claims of third parties in connection with the products and/or services delivered by Fun Verhuur. Article 21 – Complaints

The customer must examine a product delivered or service rendered by Fun Rental for any defects as soon as possible.
If a product delivered or service rendered does not meet what the customer could reasonably expect from the agreement, the customer must notify Fun Verhuur as soon as possible, but in any event within 1 month of discovery of the deficiencies.
Consumers must notify Fun Rental no later than 2 months after the discovery of the deficiencies.
In doing so, the Customer shall provide as detailed a description as possible of the failure, so that Fun Rental will be able to respond adequately.
The customer must show that the complaint relates to an agreement between the parties.
If a complaint relates to work in progress, it may in no event result in Fun Verhuur being required to perform work other than that agreed upon.

Article 22 – Notice of default

The customer must give written notice of default to Fun Rental.
It is the customer’s responsibility that a notice of default actually reaches Fun Rental (in a timely manner).

Article 23 – Joint and several liability customer

If Fun Rental enters into an agreement with more than one customer, each of them will be jointly and severally liable for the full amounts owed to Fun Rental under that agreement.
The Customer shall be liable for all damage incurred and related (salvage) work while using Fun Rental’s property.

Article 24 – Responsibility Customer

The customer is at all times responsible for the products provided by Fun Rental, at the time of the execution of the agreement. This includes, but is not limited to: 1.1 (Possible) damage to and/or theft and/or alienation of Fun Rental’s property; 1.2 (Possible) damage to the property of third parties; 1.3 Compliance with the applicable rules of the area; 1.4 Compliance with the stated capacities of Fun Rental’s provided products; 1.5 Returning Fun Rental’s provided products clean and tidy; 1.6 Leaving the area clean and tidy.

Article 25 – Liability Fun Rental

Fun Rental cannot be held liable for bodily injury and/or damage of any kind, regardless of the cause, prior to, during and/or after the performance of the Agreement.
Fun Rental will be liable for any loss or damage suffered by the customer only if and to the extent that such loss or damage was caused by intent or willful recklessness on the part of Fun Rental.
If Fun Rental is liable for any damages, it will only be liable for direct damages arising out of or in connection with the performance of an Agreement.
Fun Rental shall never be liable for indirect damages, such as consequential damages, lost profits, lost savings or damages to third parties.
If Fun Verhuur is liable, such liability will be limited to the amount paid out by a professional liability insurance company and in the absence of (full) payment by an insurance company of the loss or damage, the liability will be limited to the invoice amount or part of the invoice amount to which the liability relates.
All illustrations, photographs, colors, drawings, descriptions on the website or in a catalog are only indicative and are only approximate and cannot be grounds for compensation and/or (partial) dissolution of the agreement and/or suspension of any obligation.

Article 26- Expiry period Any right of the customer to compensation from Fun Verhuur shall in any event expire 12 months after the event from which the liability arises directly or indirectly. This does not exclude the provisions of article 6:89 of the Civil Code. Article 27 – Right of dissolution

The customer will have the right to terminate the agreement if Fun Rental fails imputably to fulfill its obligations, unless such failure, given its special nature or minor importance, does not justify such termination.
If the fulfillment of the obligations by Fun Verhuur is not permanently or temporarily impossible, dissolution can only take place after Fun Verhuur is in default.
Fun Verhuur will have the right to terminate the agreement with the customer if the customer fails to perform his obligations under the agreement in full or in a timely manner, or if Fun Verhuur learns of circumstances that give him good reason to fear that the customer will be unable to perform his obligations properly.

Article 28 – Force majeure

In addition to the provisions of Article 6:75 of the Dutch Civil Code, a failure on the part of Fun Verhuur in the performance of any obligation towards the Customer cannot be attributed to Fun Verhuur in a situation independent of Fun Verhuur’s will, as a result of which the performance of its obligations towards the Customer is wholly or partially prevented or as a result of which Fun Verhuur cannot reasonably be required to perform its obligations.
The force majeure situation mentioned in paragraph 1 also includes – but is not limited to – the following: state of emergency (such as civil war, insurrection, riots, natural disasters, etc.); defaults and force majeure of suppliers, delivery companies or other third parties; unexpected power, electricity, internet, computer and telecom failures; computer viruses, strikes, government measures, unforeseen transportation problems, bad weather conditions and work interruptions.
If an event of force majeure occurs that prevents Fun Verhuur from fulfilling one or more obligations to the customer, those obligations will be suspended until Fun Verhuur is able to fulfill them again.
From the moment a force majeure situation has lasted for at least 30 calendar days, both parties may rescind the contract in writing in whole or in part.
Fun Rental will not be liable for any compensation or damages in a force majeure situation, even if it receives any benefit as a result of the force majeure situation.

Article 29 – Modification of the agreement

If after the conclusion of the agreement for its execution it appears necessary to modify or supplement its content, the parties shall promptly and by mutual agreement adjust the agreement accordingly.
The preceding paragraph does not apply to products purchased from a physical store.

Article 30 – Cancellation of the (rental) agreement Consumer

The agreement can be cancelled free of charge by the Consumer up to a maximum of 48 hours prior to the appointment.

For cancellation by Consumer within 48 hours prior to the appointment, 100% of the rental price will be charged.
Fun Rental reserves the right to cancel the (rental) agreement at any time due to, for example, but not limited to, weather conditions and force majeure. Upon cancellation by Fun Rental, Consumer will receive a voucher worth the (rental) agreement.

Article 31 – Cancellation of the (rental) agreement Customer who is not a Consumer

The agreement can be cancelled up to a maximum of 48 hours prior to the appointment by the Customer who is not a Consumer, however, the costs incurred will be charged.

Cancellation by Customer who is not a Consumer within 48 hours prior to the appointment will be charged the total amount of the agreement.

Fun Rental reserves the right to cancel the (rental) agreement at any time due to, for example, but not limited to, weather conditions and force majeure. Upon cancellation by Fun Rental, the Customer will receive a voucher to the value of the (rental) agreement.

Article 32 – Modification of general terms and conditions

Fun Rental may amend or supplement these Terms and Conditions.
Changes of minor importance may be made at any time.
Major substantive changes will be discussed by Fun Rental with the customer in advance whenever possible.
Consumers are entitled to terminate the contract in the event of a material change in the general terms and conditions.

Article 33 – Transfer of rights

Customer’s rights under any agreement between the parties cannot be assigned to any third party without the prior written consent of Fun Rental.
This provision counts as a clause with property law effect as referred to in Article 3:83, paragraph 2, Civil Code.

Article 34 – Consequences of nullity or voidability

Should one or more provisions of these general terms and conditions prove to be void or voidable, this shall not affect the remaining provisions of these terms and conditions.
Any provision that is void or voidable shall in such case be replaced by a provision that comes closest to what Fun Rental had in mind when the terms were drafted on that point.

Article 35 – Applicable law and competent court

Any agreement between the parties shall be governed exclusively by the laws of the Netherlands.
The Dutch courts in the district where Fun Rental has its registered office/practice/office shall have exclusive jurisdiction to hear any dispute between the parties, unless otherwise required by mandatory law.

Retrieved January 01, 2023.