General Terms and Conditions

Important information

GENERAL TERMS AND CONDITIONS FOR THE RENTAL OF RECREATIONAL BOATS

Company name: Göta Kanal Charter Mem Sjötorp AB

VAT number: SE556884022601

We comply with the General Data Protection Regulation (GDPR).

Contact & Company Information

1. RESERVATION AND PAYMENT

A reservation becomes binding once the hirer has received a booking confirmation by email and Göta Kanal Charter has received a prepayment of minimum 30% of the total rental amount.

The prepayment must be paid within 2 days of booking. By paying the prepayment, the hirer accepts these General Conditions.

The remaining balance must be received by Göta Kanal Charter no later than 40 days before the start of the hire period. If the remaining balance has not been received by that deadline, Göta Kanal Charter may cancel the reservation and release the boat for rebooking. In such case, the prepayment will be retained as a cancellation fee.

For bookings made less than 40 days before the start of the hire period, the full rental amount must be paid immediately.

Göta Kanal Charter will inform the hirer of the expected harbour for handover of the boat. The handover location cannot be guaranteed in advance, as unforeseen circumstances may require Göta Kanal Charter to change the direction of the journey. In such case, the hirer will be informed as soon as possible.

2. THE HIRER’S OBLIGATIONS

A. The boat driver’s competence and experience

The hirer shall have sufficient skills and experience to operate the hired boat safely and in accordance with all instructions and rules provided by Göta Kanal Charter.

You can operate a leisure boat in Sweden without a certificate/license as long as it is not legally classified as a ‘ship’. Under Swedish rules, a vessel is classified as a ship if it is both at least 12 metres long and at least 4 metres wide. All boats in Göta Kanal Charter’s fleet are below these limits and are therefore classified as boats, not ships—so no boating license is legally required.

If, during the hire period, it becomes apparent that the hirer is unable to handle the boat safely or fails to follow applicable instructions or rules, Göta Kanal Charter has the right to terminate the hire contract with immediate effect. In such case, any remaining hire charge shall be forfeited.

Any additional costs incurred by Göta Kanal Charter as a result of such termination (including, but not limited to, costs for returning the boat to the start harbour or agreed return harbour) shall be paid by the hirer.

B. Use of the boat

The hirer undertakes to take good care of the boat and all associated equipment and to follow all instructions provided by Göta Kanal Charter. The hirer is responsible for the boat throughout the entire hire period.

The boat may only be used for leisure cruising. The boat must not be used for competitions, towing, or the transport of goods or passengers for payment (the towing prohibition does not apply to dinghies or in an emergency).

The hirer is responsible for complying with Swedish laws and regulations. The boat may only be used within the areas covered by the insurance (see section 4C).

The hirer must not sub-let the boat or hand it over to any third party.

The hirer must follow the route plan supplied by Göta Kanal Charter. Any changes to the route plan require prior agreement with Göta Kanal Charter.

Operating hours

The boat may only be operated between 08:00 and 18:00. Operation outside these hours is only permitted in exceptional cases and requires prior approval from Göta Kanal Charter.

C. Return of the boat

The boat must be returned to the harbor at the time stated in the hire contract. By that time, the crew must have left the boat and removed all personal belongings. Unless otherwise agreed in writing and approved by Göta Kanal Charter, the boat must be cleaned inside and out. The cleaning must be approved by Göta Kanal Charter before the crew leaves. Göta Kanal Charter reserves the right to charge the guest for cleaning if, upon return, the boat is not in an acceptable condition.

If the hirer is prevented from returning the boat at the agreed time, Göta Kanal Charter must be informed immediately.

In case of late return, Göta Kanal Charter will charge compensation equal to double the agreed daily hire rate, plus any additional loss incurred because the boat could not be made available to the next hirer in time. Weather conditions cannot be used as a valid reason for delay.

If the boat is not returned to the agreed harbour, the hirer is responsible for all costs and risks related to transporting the boat (arranged by or through Göta Kanal Charter) to the agreed harbour. The hirer must inform Göta Kanal Charter before any return transport and, if required, pay the delay compensation described above.

D. Actions in case of breakdown, fire, or theft

If a breakdown occurs during the hire period, equipment is lost, or the boat is stolen, Göta Kanal Charter must be informed immediately. Göta Kanal Charter will provide instructions on how to proceed.

If the hirer has their own insurance that may cover the incident, it is the hirer’s responsibility to notify their insurance company without delay.

In case of fire onboard, or theft of the boat or its equipment, the hirer must report the incident to the police as soon as possible and provide Göta Kanal Charter with a copy of the police report.

Failure to comply with the obligations above may leave the hirer directly liable for any resulting financial loss.

The hirer is obliged to pay for replacement of lost items and for repairs of damage to the boat, to the extent such loss or damage is not covered by the (optional) collision damage waiver.

E. Break in service

If a breakdown makes it impossible to continue the journey (either because the boat is no longer operational or because continuing would increase the damage), Göta Kanal Charter has 24 hours from being informed to repair the boat or provide a replacement boat, provided that the breakdown is not caused by the hirer’s misuse, negligence, failure to follow instructions, or other breach of these General Conditions.

If Göta Kanal Charter is unable to repair or replace the boat within this time, Göta Kanal Charter shall refund the daily boat hire rate (excluding canal ticket and any optional extras), pro rata for the time after the first 24 hours during which the boat cannot be used, provided that the breakdown is not caused by the hirer as described above.

Where the breakdown is caused by the hirer’s actions or omissions (including misuse, negligence, or failure to follow instructions), the hirer shall not be entitled to any refund, replacement boat, or other compensation, and the hirer shall be responsible for any resulting costs and losses.

Göta Kanal Charter reserves the right to compensate the rental party with non-cash benefits, such as meals or accommodation.

F. Early termination by the rental party

If the rental party ends the journey for any reason before the agreed return date, no refund will be made.

Göta Kanal Charter reserves the right to claim additional costs and losses to avoid financial disadvantage, for example if the boat must be transferred to the agreed return harbour or cannot be provided to the next hirer in time.

G. Impounding and distraint

The hirer has no right or authority to allow the boat to be impounded, seized, or taken as payment by any person for any reason.

The hirer undertakes to carry a signed copy of the hire agreement during the journey and to present it to any person(s) attempting to confiscate the boat and/or its equipment.

3. DEPOSIT

Option 1: Refundable deposit

On arrival at the base, the hirer shall pay a refundable damage deposit up to €1,500, (depending on which boat you have rent). The deposit will only be used if the boat is returned damaged or if any equipment/inventory is damaged or missing.

Option 2: Collision damage waiver (optional)

An additional fee of up to €300 (depending on which boat you have rent) may be paid on arrival or at the time of booking. With this option, the hirer is covered for damage to the boat and for damage to or loss of equipment/inventory at return.

The collision damage waiver does not cover damage caused intentionally, by gross negligence, or under the influence of alcohol or drugs.

Grounding or propeller damage, and loss of or damage to rented bicycles, are not covered.

Any pecuniary loss incurred by Göta Kanal Charter due to the hirer’s violation of the rental agreement is also not covered by the collision damage waiver.

4. GÖTA KANAL CHARTER’S LIABILITY

A. Delivery

The boat shall be provided on the agreed day. If Göta Kanal Charter cannot provide the boat on the agreed day due to circumstances beyond its control (for example, breakdown of the boat or delayed return by a previous hirer), Göta Kanal Charter shall, if possible, provide another boat.

If no replacement boat can be provided, Göta Kanal Charter shall refund the daily boat hire rate (excluding canal ticket and optional extras), pro rata for the time of delay.

Göta Kanal Charter reserves the right to compensate the rental party for the delay with non-cash benefits, such as meals or accommodation.

B. Condition of the boat

Göta Kanal Charter undertakes to hand over the boat and its equipment (according to the inventory list) clean and in working order.

C. Insurance

The boat is covered by comprehensive insurance and third-party liability insurance. The scope, insured value, and excess are determined by the terms set by Göta Kanal Charter’s insurance company. The insurance covers the Göta Canal and the lakes between Mem and Sjötorp.

5. CANCELLATION

A.

Before the prepayment has been received, the hirer may cancel the booking without any charge.

B. Cancellation after prepayment

If the Hirer cancels after the prepayment has been paid, Göta Kanal Charter will not refund the prepayment.

However, the prepayment may be credited once towards a new booking with Göta Kanal Charter made within 12 months from the original cancellation date. To use the credit, the Hirer must pay the remaining balance in full at the time of the new booking. The credit is personal, non-transferable, and may only be used for one booking.

C. Cancellation within 40 days

If the Hirer cancelsless than 40 days before the start of the journey, 100% of the hire charge is forfeited.

D. Transfer of contract

Instead of cancelling, the Hirer may request to transfer the hire contract to another person, subject to Göta Kanal Charter’s prior written approval. The new hirer must accept these terms and conditions and assumes full responsibility for the contract. Göta Kanal Charter may charge a reasonable administration fee for the transfer.

6. LEGAL DISPUTES

In case of a dispute regarding the interpretation or application of these General Conditions, the parties shall first attempt to reach an amicable agreement.

If no agreement can be reached, disputes shall be decided by arbitration under Swedish law. Place of jurisdiction is Linköping, Sweden.

7. RIGHT OF WITHDRAWAL (DISTANCE CONTRACTS)

If the hirer is a consumer and the booking is made online (distance contract), statutory consumer rules may apply. However, the hire of our leisure boats is a leisure service provided for a specific date or a specific period (the booked hire period). Therefore, no 14-day right of withdrawal applies to the boat hire.

Cancellation, rebooking and transfer of the booking are governed by section 5 (CANCELLATION) of these General Conditions.

By making the booking, the hirer acknowledges that the 14-day right of withdrawal does not apply to time-specific hire periods.

Contact information:

Pontus Björsner: +46 70 54 69 169 , boka@kanalcharter.se

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