General terms and conditions
General Terms and Conditions – Happy Canoe
1. Definitions
Rental Provider: Happy Canoe, established in Eindhoven, registered with the Dutch Chamber of Commerce under number 84986875.
Renter: the natural person or legal entity entering into an agreement with Happy Canoe.
Equipment: all equipment rented out by Happy Canoe, including canoes, kayaks, paddles, life jackets, waterproof barrels and other accessories.
Rental Period: the agreed time slot during which the rented equipment may be used.
2. Applicability
These General Terms and Conditions apply to all agreements between Happy Canoe and renters concerning the rental of canoes, kayaks and related equipment.
Any deviations from these terms and conditions are only valid if agreed upon in writing with Happy Canoe.
These General Terms and Conditions will be made available to the renter before or at the time the agreement is concluded. By making a reservation, the renter confirms that they have had the opportunity to read these General Terms and Conditions and agrees to them.
3. Reservations and Payment
A reservation becomes final once it has been confirmed by Happy Canoe.
Payment must be made in advance, unless otherwise agreed in writing.
The renter is responsible for providing correct and complete information when making the reservation.
4. Cancellation or Changes by the Renter
For cancellations made more than 48 hours before the start of the reservation, 50% of the agreed rental amount will be charged.
For cancellations made within 48 hours of the start of the reservation, the full agreed rental amount is due.
Reducing the number of reserved canoes or kayaks is considered a cancellation of the relevant equipment. The same cancellation conditions apply.
Illness, inability to attend, changes in the composition of the group or the late arrival of participants do not in themselves entitle the renter to a refund.
If Happy Canoe is able to rent the cancelled equipment to another customer, Happy Canoe may, at its discretion and where reasonable, reduce the cancellation charges in whole or in part.
5. Weather Conditions
Canoeing and kayaking are outdoor activities. Rain and changing weather conditions may be part of the experience.
In light rain or other weather conditions that Happy Canoe considers safe for paddling, the reservation will normally proceed as planned.
If the renter decides not to participate because of the weather forecast or weather conditions while Happy Canoe has decided that the activity can safely proceed, the standard cancellation conditions in Article 4 apply.
In the event of heavy rain, thunderstorms, strong winds, unsafe water levels or other circumstances in which Happy Canoe considers it unsafe to be on the water, Happy Canoe may decide to cancel the activity.
If Happy Canoe cancels a reservation due to such circumstances, Happy Canoe and the renter will first try to arrange a suitable alternative date within the same canoeing season.
If no suitable alternative date can be agreed upon, the amount paid for the cancelled rental will be refunded.
Happy Canoe is not liable for any other costs or consequential losses incurred by the renter as a result of the cancellation, insofar as such liability may legally be excluded.
6. Arriving Early or Late
Equipment is rented for a predetermined time slot. The standard rental period is 1 hour and 55 minutes, unless a different rental period has been expressly agreed upon when making the reservation.
For example, if a reservation starts at 10:00, all rented equipment must be returned to the agreed location no later than 11:55.
The rental period begins at the agreed reservation time, even if the renter arrives late.
If the renter arrives late, the originally agreed end time remains unchanged. Late arrival does not entitle the renter to an extension of the rental period, a refund or a discount.
The equipment must be returned no later than the agreed return time.
Happy Canoe allows a grace period of up to 10 minutes.
If equipment is returned more than 10 minutes after the agreed end time, Happy Canoe may charge the renter for any additional costs and/or losses resulting from the late return.
If the late return prevents a subsequent regular rental slot from being rented out or properly fulfilled, Happy Canoe may charge up to the applicable rental rate for one full additional rental period for each canoe or kayak returned late.
In the event of a longer delay, additional demonstrable costs or losses may be charged.
7. Use of the Equipment
The renter must handle the rented equipment with care and use it only for its intended purpose.
The renter and their group must follow all instructions given by Happy Canoe and the competent authorities.
Equipment may not be deliberately damaged, misused or made available to third parties without permission.
It is prohibited to use a canoe or kayak while under the influence of alcohol, drugs or other substances that may impair the ability to paddle safely.
Entering and leaving the water is only permitted at designated locations.
8. Safety and Conduct
The renter is responsible for the proper and responsible use of the rented equipment by themselves and their group.
Life jackets are mandatory for participants who do not hold a Dutch Swimming Diploma A or an equivalent swimming qualification.
Every participant must be able to swim independently, unless expressly agreed otherwise with Happy Canoe in advance and appropriate safety measures have been taken.
Each group must have at least one responsible supervisor aged 18 or older.
The renter is responsible for supervising minors within their group.
All waste must be taken away and may not be left in or alongside the water.
Excessive noise, including shouting and the use of speakers, is not permitted.
In the event of dangerous behaviour, serious nuisance, failure to follow instructions or other misconduct, Happy Canoe may terminate the use of the equipment. If termination results from the behaviour of the renter or their group, there is in principle no right to a refund.
9. Liability
Participation in canoeing and kayaking involves the normal risks associated with recreational activities on and around the water.
Renters and participants remain responsible for their own actions and must follow the provided safety instructions and navigation rules.
Happy Canoe is liable for damage insofar as such damage can be attributed to Happy Canoe under applicable law.
Happy Canoe is not liable for damage or injury resulting from incorrect or irresponsible use of the rented equipment, failure to follow instructions or navigation rules, or the actions of the renter or participants themselves, unless Happy Canoe is liable under applicable law.
Happy Canoe is not liable for the loss, theft or damage of personal belongings belonging to the renter or participants, unless such loss or damage results from circumstances for which Happy Canoe is liable under applicable law.
Any limitation or exclusion of liability contained in these terms and conditions applies only insofar as permitted under Dutch law.
10. Damage to or Loss of Equipment
The renter must handle the rented equipment with care.
Any damage to or loss of equipment must be reported to Happy Canoe as soon as possible.
The renter is liable for damage to or loss of rented equipment if the damage or loss can be attributed to the renter or a participant in their group.
Normal wear and tear and damage that cannot be attributed to the renter or their group will not be charged to the renter.
In the event of damage or loss, Happy Canoe may charge the reasonable costs of repair or replacement.
11. Return of Equipment
The rented equipment must be returned to the agreed location at the end of the rental period.
The equipment must be returned in reasonable condition, taking into account normal use during a canoe or kayak trip.
Any missing or damaged equipment must be reported immediately upon return.
Article 6 of these General Terms and Conditions applies to late returns.
12. Force Majeure
If Happy Canoe is unable to perform the agreement, or is unable to perform it as agreed, due to circumstances beyond its reasonable control, Happy Canoe will contact the renter as soon as reasonably possible.
Depending on the circumstances, an appropriate solution will be sought, such as rescheduling the reservation or refunding the part of the agreement that cannot be performed.
Article 5 specifically applies to weather conditions.
13. Photos, Video and Privacy
The privacy of staff, other participants and other visitors must be respected.
Staff members or other persons may not be recognisably photographed or filmed if they object to this.
Happy Canoe processes personal data in accordance with applicable privacy legislation and Happy Canoe's privacy policy.
14. Intellectual Property
The Happy Canoe name and any texts, images, designs and other communication materials created by or on behalf of Happy Canoe may not be copied or used for commercial purposes without permission, insofar as they are protected by intellectual property rights.
15. Complaints
Complaints concerning the performance of the agreement should preferably be reported to Happy Canoe as soon as possible, so that Happy Canoe has the opportunity to resolve the issue during the activity where possible.
Complaints that cannot be resolved immediately may be submitted to Happy Canoe in writing after the activity.
Happy Canoe will handle complaints within a reasonable period.
Failure to report a complaint within a specific period does not automatically result in the loss of the consumer's statutory rights.
16. Applicable Law
Agreements with Happy Canoe are governed by Dutch law.
Any disputes will be submitted to the court having jurisdiction under applicable law.