General rental terms
The general lease terms apply to any lease entered into between Canal Boats Telemark AS, org. No. 925 305 804 ("Landlord") and tenant ("Tenant") regarding the rental of an electric cabin cruiser ("The boat") from Landlord.
By making a reservation and by advance payment, the Lessee agrees and accepts all provisions in the lease agreement and the associated general lease terms (collectively referred to as the "Lease Agreement").
- BOOKING AND PAYMENT
When ordering, the Tenant can choose between an advance payment of 35% or full payment of the entire rental amount ("Rental amount").
If the Tenant chooses an advance payment of 35%, the remainder of the Rent Amount (65%) must be paid no later than 42 days before the start of the Rental Period.
In the event that the remaining amount of 65% is not registered as received by the Landlord no later than 42 days before the start of the Rental Period, the Landlord is free to cancel the booking and rent out the Boat to another Tenant. In such cases the advance payment goes to the Landlord, cf. point 6 below.
- RENTAL PERIOD
The duration of the agreement (the "Lease Period") runs from the agreed takeover date until the agreed return date as specified in the Lease Agreement. The Landlord shall at the time of takeover hand over the Boat to the Lessee at the Landlord's location, and the Lessee shall at the time of return return the Boat to the Landlord at the same place, i.e. unless another handover and return place is agreed in writing.
Both parties have a mutual duty to notify and wait for 30 minutes in case of delay in delivery and / or return. Weather conditions are not a valid reason for delay.
- RENTAL AMOUNTS
The tenant is obliged to pay the agreed rental amount to the Landlord, cf. lease stated in the Lease Agreement.
Any additional options, extra equipments / services are in addition, and follow the Landlord's current price list at all times.
Expenses for charging, port expenses and / or other current costs in connection with the Lessee's use of the Boat during the Lease Period are the Lessee's responsibility.
- LESSEE’S DUTIES
- A. Tenant's competence and experience
The tenant must have the necessary and sufficient competence to rent and operate the Boat.
The Lessee confirms that he and any other drivers of the Boat during the Rental Period are over 25 years of age and have sufficient knowledge and experience to drive the Boat, and hold a valid boat driver's license or equivalent required to drive the Boat. The Lessee is fully responsible to the Landlord for any other driver of the Boat.
It is the Tenant's responsibility to make sure that they familiarize themselves with maps for the traffic area, and that all passengers have regulation life jackets in the correct size.
The tenant is also obliged to stay updated on weather forecasts.
If the Lessee has provided incorrect information about his own or other drivers' competence, qualifications and skills, or that for other reasons it is considered clearly unjustifiable to hand over the Boat, the Lessor has the right to terminate the Lease Agreement with immediate effect. This applies both on the day of departure and during the entire Rental Period. In such cases, the rental amount will not be refunded, but will be retained by the Landlord.
When mooring the Boat, the Lessee is obliged to ensure that the Boat is properly moored to a jetty / a mooring place where this has been clarified with the owner of the facility / place.
Likewise, the Lessee is obliged to ensure that the Boat is safely closed and locked when the Boat is left.
- B. Use of the Boat / maintenance
The boat can only be used in the areas along the Telemark Canal and the coast of Telemark (including Helgeroa), and the Lessee agrees that the Landlord's insurance does not apply outside this area.
The Lessee undertakes to take good care of the Boat with its equipment, as well as follow the instructions and guidelines given by the Lessor.
The Tenant is responsible for the Boat throughout the whole Rental Period. During the Rental Period, the Lessee shall ensure any necessary maintenance of the Boat. In case of doubt as to whether maintenance is necessary, contact the Landlord.
The tenant undertakes to use the boat only for ordinary boat holidays. The boat may not be used for competition, towing assignments, rescue of other boats, (except in emergency situations), freight transport or other transport of passengers for a fee. The boat must neither be used to pull paragliders or similar equipment. However, this does not prevent the boat from being used for towing smaller water toys such as inflatable sausages, rings, etc.
The Lessee may not sublet the Boat or otherwise transfer it to a third party.
It is not allowed to bring pets on the Boat, unless this has been agreed in writing with the Landlord.
The Lessee is otherwise responsible for complying with Norwegian laws and regulations in connection with the use of the Boat. There is a total ban on enjoying alcohol or other drugs while driving the Boat, after which the Lease Agreement can be terminated with immediate effect.
- C. Return of the Boat
The boat must be returned to the Landlord's harbour at the agreed time. The tenant must have left the boat and removed all his personal belongings upon return.
Upon return, the boat must be in the same condition as upon delivery. The boat must also be cleared by the Tenant. If the Boat is not satisfactorily tidy upon return, the Lessee will be charged a fee for this. The fee is covered by the deposit, cf. point 7.
If the time for return of the Boat is not complied with, a daily fee will be charged for the Lessee with double daily rent until the Boat is returned to the Landlord. The Tenant is also responsible for all expenses, costs and losses inflicted on The Landlord as a result of the Boat not being returned at the agreed return date, including losses inflicted by the new Tenant not gaining access to the Boat, as well as costs and risks associated with repatriation of the Boat.
Regardless of the circumstances, the Lessee must always inform the Landlord in the event of delayed return.
- D. Damages, shipwreck, accident, fire or theft
If problems of any kind occur with the Boat during the Rental Period, including running aground, accident, loss of equipment, the Boat sinks / gets lost / is stolen, or the like, the Tenant is obliged to immediately notify the Landlord of the incident and follow the Landlord's instructions.
The Lessee is responsible for any theft and any damage or defect in the Boat, including the Boat's engine and equipment, as well as any other damage or liability that has been incurred, inflicted or arises as a result of the Lessee's use of the Boat. The Lessee is also financially responsible for expenses inflicted on the Landlord in connection with repairs and transport due to internal and external damages and / or damage inflicted to the Boat during the Rental Period.
In the event of a fire or theft on board the Boat, the Tenant must report the matter to the police as soon as possible and send a copy of the report to the Landlord.
Failure to comply with the obligations described above means that the Lessee will be directly responsible for any financial damages that arise for the Landlord.
The boat is insured by the Landlord, and in the event of theft or damage / liability that is wholly or partly covered by the insurance, the Tenant is only responsible for payment of the Landlord's deductible and any other financial losses.
- F. Cancelled travel due to Tenant's circumstances
the Tenant decides to end the trip before the agreed return time, regardless of the reason, the Tenant is not entitled to a refund from the Landlord.
- OWNERS 'DUTIES
- A. Delivery
The boat must be handed over at the agreed time in an orderly manner and otherwise in contractual condition.
If the Landlord is unable to hand over the Boat at the agreed time as a result of unforeseen circumstances (eg due to damage / defects / defects in the Boat or delay from the previous Tenant), the Landlord shall as far as possible provide a similar or better boat to the Tenant.
If it is not possible to obtain a satisfactory replacement boat, the Landlord shall instead refund the part of the Rental amount for the Boat that covers the time of the delay.
Any additional costs for the Tenant in the event of delay / cancellation from the Landlord, e.g. for hotels and travel, will not be refunded / replaced by the Landlord.
- B. Insurance
The boat is insured against theft, fire and damage. The scope of the insurance, the amount of liability and the deductible is determined by the terms and conditions in force at any given time set by the Landlord's insurance company.
The insurance only covers the Telemark Canal and the coast of Telemark.
- A. Cancellation from the Tenant can only be made by written notice to the Landlord.
- B. If canceled by the Tenant earlier than 42 days before the start of the Rental eriod, the advance payment of 35% accrues to the Landlord as a cancellation fee / compensation.
The same applies if the remaining amount of 65% has not been paid within 42 days before the start of the Rental Period.
If the Lessee in such cases orders a new rental within one year after the cancellation, however, the advance payment of 35% can be used again for the new booking.
- C. In the event of cancellation from the Tenant later than 42 days before the start of the Rental period, the entire Rental amount (100%) accrues to the Landlord as a cancellation fee / compensation.
In the event that the entire Rental Amount is not fully paid at this time, the Landlord may invoice and collect the remaining amount from the Tenant in arrears.
- D. Instead of cancelling the Lease agreement, the Landlord may accept that the Lessee transfers the Lease agreement to another person, ie as long as this has been approved in advance in writing by the Landlord.
- E. The above provisions apply regardless of whether the Landlord rents the Boat to another Tenant during the Rental period or not, and / or whether the cancellation is due to illness or death of the Tenant.
- A. Refundable deposit.
The tenant must pay a refundable deposit of NOK 30,000 at the latest upon delivery of the Boat. (The tenant may choose to pay a reduction in liability of NOK 4900, this amount is non-refundable).
The amount is blocked on a credit or debit card. The Tenant is obliged to bring a card that can block such an amount until the Rental Period has ended. Only Visa and MasterCard are accepted. The deposit is only accepted by the Landlord if the Boat or its equipment / fixtures are damaged or lost during the Tenant's use.
The deposit is refunded when the Landlord has checked the Boat upon return and found it in satisfactory condition.
- B. Injuries caused by gross negligence.
Accidents or damages to the Boat as a result of lack of maritime knowledge, and / or performed intentionally and / or during
he influence of alcohol or drugs does not limit any claim for compensation from the Landlord, including the use of the Deposit deposited. The same applies in the event of grounding, propeller damage or damages / loss of
optional products. Reduction of liability does not cover damages caused by gross negligence.
The Landlord shall in all circumstances be held indemnified and have any financial loss covered by gross negligence on the part of the Tenant.
Any dispute regarding the understanding of this Lease Agreement shall be resolved amicably. The parties are obliged with two weeks' notice to participate in negotiations if required by one party.
If an amicable settlement is not reached, the dispute shall be settled in the ordinary courts. Nedre Telemark District Court is adopted as the right venue in all disputes between the parties.
Canal Boats Telemark AS
Tel +47 476 80 559 Org. nr 925 305 804