RENTAL AGREEMENT

Parties:

Rent a Packraft, located at Wijksestraat 17, 5256BH Heusden, Chamber of Commerce number 81444818, validly represented by M.A.M. Luiken, hereinafter referred to as: “Lessor“;

and

User registered as a Member of Rent a Packraft, hereinafter referred to as “renter“;

Consider the following:

  • The parties wish to enter into a fixed-term rental agreement
  • landlord owns the movable property described below
  • landlord and tenant record the agreements made between them in this lease agreement

Have agreed:

Article 1 – Description of leased property

Landlord rents to Tenant and Tenant rents from Landlord the following movable property Packrafts and Packraft supplies. (Bow Bag, Drysuit, Paddle, Electric pump, Backpack, Helmet, Trow bag, Life jacket)., hereinafter referred to as “the rented property”.

Article 2 – Destination of leased property

  1. Renter will use the rented only Packrafts and Packraft supplies. (Bow Bag, Drysuit, Paddle, Electric pump, Backpack, Helmet, Trow bag, Life jacket). use.
  2. If Tenant violates this Article, it shall be liable for an immediately due and payable penalty as described in Article 19.

Article 3 – Duration of agreement

  1. The rental agreement is entered into for a definite period and starts from the moment the tenant makes and booking with a specific start and end date.
  2. At the expiration of the time referred to in 3.1, the lease shall terminate, without notice of termination by the landlord or tenant being required.

Article 4 – State of maintenance

  1. The lessor shall ensure that the leased property is delivered in a well-maintained condition on the effective date of the lease. Upon delivery, the parties shall prepare a record of delivery describing the condition of the leased property.
  2. Upon taking possession of the rented property, the tenant must carefully examine the rented property for soundness, flawlessness and completeness. If the lessee discovers any defects or deficiencies in the process, he must report them to the lessor immediately in writing and/or by e-mail.

Article 5 – Rent

  1. The rental fee is charged by landlord to tenant and is known at the time of booking.
  2. The parties agree that Landlord will charge sales tax on the rent.
  3. Tenant will always transfer the total rent before the period to which the payment relates to the bank account of Landlord with account number NL21 KNAB 0500 3934 27 in the name of Rent a Packraft without application of any (claim to) discount, set-off or suspension.

Article 6 – Rent increase

  1. Landlord shall be entitled to increase the rent annually on the basis of the Consumer Price Index (CPI), all households series, as published by the Central Bureau of Statistics (CBS), for the first time on January 1 of the year following the year in which this agreement is entered into and annually thereafter on January 1.
  2. If the indexation of the rent based on 1. above results in a lower rent than the current rent, the rent for that year will remain unchanged.
  3. Landlord may make a rent adjustment without prior notice to tenant.

Article 7 – Security deposit

  1. Before or on the effective date of the lease, Tenant shall pay to Landlord a deposit in the amount of €200.00.
  2. Landlord reserves the right to deduct expired rental installments from the security deposit, as well as the cost of repairs found to be necessary.
  3. Payment is made by transfer to the bank account of lessor with account number NL21 KNAB 0500 3934 27 in the name of Packraft Travel.

Article 8 – Taxes and other charges

  1. All charges and taxes levied in respect of the leased property shall be borne by the Tenant, even if the Landlord is charged for them.
  2. Tenant shall pay said charges charged to Landlord and for its account upon first request to Landlord.
  3. If Tenant has not paid said charges within 7 days after Landlord’s first request to do so, he shall be in default by operation of law.

Article 9 – Rules of use

  1. Tenant is obliged to use the Leased Premises in such a way that it does not violate any law,
  2. Tenant shall treat the Rented Property with due diligence and provide appropriate and safe storage.
  3. The tenant must take appropriate measures to prevent damage to the rented property or damage caused by the rented property.
  4. Tenant shall immediately notify Landlord in writing/email of any damage that has occurred or threatens to occur to the Leased Premises.
  5. Tenant shall immediately report any defect or (impending) damage to Landlord, whereupon Landlord shall repair the defect or damage as soon as possible. Tenant shall in turn take appropriate measures to prevent or limit damage to the rented property.
  6. Lessee shall bear the full risk and responsibility of the leased goods during the time they are placed at Lessee’s disposal, and to this end Lessee shall insure and keep insured the goods as necessary against damage by acts of war, loss, theft and damage by fire, lightning, storm, precipitation and water outflow.
  7. If Tenant violates this Article, it shall be liable for an immediately due and payable penalty as described in Article 19.

Article 10 – Tenant’s obligations regarding maintenance and repair

  1. Repair of damages resulting from improper use of the rented property shall be borne by the tenant.
  2. Minor repairs to the leased property are the responsibility of the tenant.
  3. If the Tenant, despite having been given written notice of default to that effect, fails to have the repairs belonging to its responsibility carried out within a reasonable period specified in the notice of default, the Landlord may have the work carried out at the Tenant’s expense and risk.

Article 11 – Landlord’s obligations regarding maintenance and repair

  1. Repairs not payable by Tenant under the Act and this Agreement shall be at Landlord’s expense. Tenant shall timely notify Landlord of necessary maintenance work and Landlord shall perform the work within a reasonable time.
  2. Tenant shall at all times give Landlord the opportunity to perform the maintenance and repair mentioned in subsection 1 above.

Article 12 – Changes to the leased property

  1. Tenant may not make any changes to the leased property without Landlord’s written consent, unless the changes can be easily undone at the end of the lease without great expense.
  2. If Tenant violates this Article, it shall be liable for an immediately due and payable penalty as described in Article 19.

Article 13 – Sublease

  1. The tenant is not permitted to sublet or give the leased property in whole or in part to third parties without the written consent of the lessor.
  2. If Tenant violates this Article, it shall be liable for an immediately due and payable penalty as described in Article 19.

Article 14 – Liability

  1. Tenant is liable for all damage to the Leased Premises unless he proves that he and the persons for whom he is responsible and/or liable to Landlord are not at fault with respect to the occurrence of the damage.
  2. The provisions of the first paragraph shall not affect the Tenant’s obligation under the law and this Agreement to maintain, repair and/or replace certain items on the Leased Premises.
  3. Landlord shall not be liable for damages suffered by Tenant as a result of defects in the Leased Premises unless:
  • these defects were known to Landlord at the start of the lease
  • the defects are attributable to landlord by virtue of a legal obligation
  1. Landlord shall not be liable for damages suffered by Tenant as a result of defects in changes or additions made by Tenant to the Leased Premises.
  2. Landlord is not liable for damage caused by causes beyond Landlord’s control such as, but not limited to, frost, storms, lightning strikes, riots, armed conflicts, natural disasters and other calamities.
  3. Landlord is not liable for Tenant’s loss of business unless it is loss of business due to Landlord’s own willful misconduct or gross negligence.

Article 15 – Permits

If Tenant is required by law to have certain permits, it is Tenant’s responsibility to comply with the requirements. Permits include approvals and waivers.

Article 16 – Interim termination

Landlord is entitled to prematurely terminate the lease if Tenant is in default. Tenant is in default in any case if one of the following circumstances occurs:

  • lessee fails to comply with any provision of this Agreement;
  • tenant does not pay the rent at the agreed time;
  • Tenant is granted suspension of payments or he is declared bankrupt.

Article 17 – Termination of rental agreement and completion

  1. Tenant shall deliver the leased property to Landlord at the end of the lease in the condition described in the record of delivery, taking into account normal wear and tear and aging.
  2. If the tenant has not timely and completely repaired the observed defects or has not handed over the rented property at the end of the lease in accordance with the provision in paragraph 1, the landlord shall be entitled to have them repaired at the tenant’s own expense.

Article 18 – Delivery and return

  1. Tenant shall himself collect the rented goods from Landlord, unless it has been expressly agreed between the parties, that Landlord shall take charge of the delivery and/or return of the rented goods, whereby Tenant shall ensure that Landlord can reach the location where the rented goods are to be delivered/unloaded by a passable road.
  2. Tenant is obliged, after the end of the contract or after cancellation of the contract, to return the rented property by the date of cancellation or the last day of the contract.
  3. The cost of delivery and return of the rented property shall be borne by the tenant, unless the parties have expressly agreed otherwise.

Article 19 – Penalty provision

  1. If Tenant violates the provisions mentioned in Articles 2, 10, 13, 14 and 16, he forfeits to Landlord an immediately payable fine of €250.00 as well as an amount of 5% of the fine for each calendar day that the violation continues with a maximum of 2 calendar months.
  2. This penalty is without prejudice to Landlord’s right to claim full damages.

Article 20 – Consequences of nullity or voidability

If any part of the lease is void or voidable, this shall not affect the remaining provisions of the agreement. A provision that is void or voidable shall in that case be replaced by a provision that comes closest to what the parties intended when concluding the contract on that point.

Article 21 – Applicable law and competent court

  1. Dutch law applies to this agreement.
  2. In the event of any disputes, the court in the district where Lessor is domiciled or has its registered office shall have jurisdiction.