Private limited liability company Flagship Amsterdam B.V., trading under the name E-boats (hereinafter: E-boats), is registered with the Dutch Chamber of Commerce under number 74390767 and has its registered office at Leliegracht 50 D in Amsterdam.
Article 1 – Definitions
In these Terms and Conditions, the following terms shall have the meanings set out below:
1.1 E-boats: The lessor, Flagship Amsterdam B.V. trading under the name E-boats.
1.2 Lessee: Any natural person or legal entity to whom E-boats has made an offer or with whom E-boats has entered into an agreement.
1.3 Parties: E-boats and the lessee jointly.
1.4 Passengers: The lessee and the passengers who sail with or on behalf of the lessee.
1.5 Services: The rental of a manned vessel by E-boats.
1.6 Vessel: The vessel with which E-boats provides its services to the lessee.
1.7 Manned Vessel: A vessel provided with a skipper appointed by E-boats, who during the rental period is responsible for steering the vessel.
Article 2 – Applicability
2.1 These Terms and Conditions apply to every offer, quotation, and agreement of E-boats to or with the lessee.
2.2 Anyone making use of the services of E-boats and/or boarding a vessel of E-boats shall be deemed to have taken notice of these Terms and Conditions. The lessee guarantees that each passenger has taken notice of these Terms and Conditions before boarding a vessel.
2.3 Deviations are only possible with prior written and explicit consent from E-boats.
2.4 The applicability of the lessee’s general terms and conditions is excluded unless expressly and explicitly accepted in writing by E-boats.
2.5 If any provision of these Terms and Conditions is null and void or voidable, the other provisions shall remain fully applicable. Parties shall then consult to agree on new provisions to replace the null and void or voided provisions, taking into account the purpose and scope of the original provisions as much as possible.
2.6 E-boats reserves the right to amend these Terms and Conditions whenever reasonably required by circumstances. The lessee accepts that such amended Terms and Conditions are binding once duly notified by E-boats.
2.7 Amendments and/or additional agreements are only binding when confirmed in writing by E-boats.
Article 3 – Rules of Conduct
When entering into an agreement, the lessee guarantees compliance with the following rules of conduct:
3.1 All use of the vessel is entirely at the lessee’s and passengers’ own risk and expense.
3.2 The vessel may only be used within the Amsterdam inland waterways, consisting of the canals and the Amstel, as indicated on the map provided by E-boats prior to departure. Sailing outside this area is prohibited.
3.3 The lessee must strictly comply with all applicable laws and regulations regarding navigation within the area, including maximum speed limits, sailing directions, and other rules.
3.4 The maximum number of passengers on board must never be exceeded.
3.5 Passengers under the age of eighteen are not permitted to consume alcohol or drugs on board.
3.6 Passengers must remain seated while the vessel is sailing.
3.7 The vessel may not be left unattended.
3.8 Waste must not be thrown overboard. The vessel must be returned empty and clean.
3.9 Fireworks are not allowed on board or on the jetties of E-boats.
3.10 Materials that may damage the interior of the vessel are prohibited.
3.11 Footwear with heels is not permitted.
3.12 Children under eight years old and all children without a swimming certificate must wear a life jacket on board and on the quay.
3.13 Noise nuisance or any form of disturbance to residents and other sailors is prohibited.
3.14 Pets are not permitted on the jetties or vessels of E-boats.
3.15 Bringing and consuming your own food and beverages is not allowed unless prior written consent is obtained from E-boats.
3.16 Subletting or re-letting of the vessel is prohibited.
3.17 The lessee and passengers must always follow the instructions of E-boats and its employees (including but not limited to the skipper) promptly and without delay.
Article 4 – Offers and Conclusion of the Agreement
4.1 All offers and quotations are valid for 30 days, unless otherwise specified.
4.2 E-boats is only bound by offers and/or quotations when acceptance is confirmed in writing within the specified period.
4.3 E-boats cannot be held to an offer if the lessee knew or should reasonably have known that it contained an obvious mistake or error.
4.4 The lessee (or in the case of a legal entity, a duly authorized representative) must provide a valid ID to E-boats at the latest at the start of the rental.
Article 5 – Performance of the Agreement
5.1 E-boats shall make every effort to perform the agreed services to the best of its ability.
5.2 E-boats reserves the right to engage third parties for certain services.
5.3 E-boats may replace the vessel with another suitable vessel of equal or higher quality.
5.4 If the lessee is not present on time, the sailing time will be shortened. If the lessee is not present within 30 minutes, E-boats may cancel the agreement and the full rental amount remains due.
5.5 The lessee is responsible for providing correct and complete information necessary for the execution of the agreement.
5.6 The lessee is not permitted to use any intellectual property of E-boats without consent.
5.7 The lessee is not permitted to disclose or use confidential information relating to E-boats.
Article 6 – Price and Payment Terms
6.1 All prices are inclusive of VAT and in euros, unless otherwise agreed.
6.2 Payment must be made in accordance with the payment terms stated on the invoice.
6.3 If payment is overdue, statutory (commercial) interest will apply and E-boats may suspend performance of the agreement.
6.4 E-boats reserves the right to require advance payment.
6.5 In the event of bankruptcy, suspension of payment, or seizure of the lessee’s assets, claims of E-boats are immediately due.
6.6 In case of joint assignments, all lessees are jointly and severally liable for the full invoice amount.
Article 7 – Cancellation of the Agreement
7.1 The lessee may cancel the agreement free of charge up to eight weeks before the rental period.
7.2 Failure to appear does not constitute valid cancellation.
7.3 Cancellation within 8 to 4 weeks: 25% due.
Cancellation within 4 to 2 weeks: 50% due.
Cancellation within 2 weeks to 7 days: 75% due.
Cancellation within 7 days or less: 100% due, plus any additional costs already incurred by E-boats.
7.4 For large events, different cancellation terms may apply and will be stated in the agreement.
7.5 Catering and additional services can be adjusted free of charge up to 72 hours before departure. After that, 100% of the costs are due.
Article 8 – Termination and Suspension
8.1 If the lessee fails to meet obligations, E-boats may suspend performance or terminate the agreement.
8.2 In case of bankruptcy, suspension of payment, or seizure of assets, E-boats may terminate the agreement immediately.
8.3 The lessee may only terminate the agreement if E-boats fails to comply after being given proper written notice.
Article 9 – Force Majeure
9.1 E-boats is not obliged to fulfill obligations if prevented by force majeure.
9.2 Force majeure includes but is not limited to: storm damage, natural disasters, government restrictions, war, ice, flooding, darkness, technical failures, riots, transport disruptions, pandemics, strikes, fire, and failures by suppliers or third parties.
9.3 Force majeure also includes: (i) dense fog with visibility below 200 meters; (ii) continuous thunderstorms; (iii) wind force 6 or higher when renting a manned vessel.
9.4 E-boats may also invoke force majeure if it arises after obligations should have been fulfilled.
9.5 In case of force majeure, the lessee cannot claim damages or restitution.
Article 10 – Catering
10.1 Catering is exclusively provided by third parties engaged by E-boats.
10.2 Costs may be included in the quotation upon request.
10.3 E-boats is never liable for damage or injury caused by catering provided by third parties.
Article 11 – Liability of the Lessee
11.1 The lessee is liable for damage to or loss of the vessel during the rental period.
11.2 The lessee is liable for damage to property of E-boats or third parties caused by negligence, unlawful acts, or breach of the rules of conduct.
11.3 Damage must be reported immediately to the skipper or E-boats.
11.4 The skipper may refuse passengers’ luggage at their discretion.
11.5 Passengers board at their own risk and indemnify E-boats from third-party claims, except in cases of intent or gross negligence by E-boats.
Article 12 – Liability of E-boats
12.1 E-boats is never liable for injury, death, or loss of passengers’ property, except in cases of intent or gross negligence.
12.2 E-boats is not liable for delays of any kind, except in cases of intent or gross negligence.
12.3 Liability is limited to the maximum amount covered by its insurance.
12.4 If not covered by insurance, liability is limited to the invoiced amount excluding VAT.
12.5 Claims for damages expire after one year.
Article 13 – Applicable Law and Jurisdiction
13.1 Dutch law exclusively applies to all agreements and these Terms and Conditions.
13.2 Disputes shall be submitted exclusively to the competent court in Amsterdam.
13.3 If the lessee is a consumer residing in the Netherlands, disputes shall be submitted to the competent court of the lessee’s place of residence.
Amsterdam, 26 August 2025