GENERAL TERMS AND CONDITIONS FOR RENTING CANOES
Contract terms adopted by the Swedish Canoe Federation after negotiations with the Swedish Consumer Agency/KO to be applied.
1. The terms relate to professional leasing to the consumer and apply to:
The booking is binding on both parties when the contract is signed or the lessor (in the following referred to as Bootshaus) has confirmed in writing the lessee's (in the following referred to as customer) order.
The booked items have to be paid by the customer at the time of booking if nothing else has been agreed to between Bootshaus and the customer.
Rent in addition to the original booking is payable at the latest at the beginning of the rental period unless otherwise agreed in the particular case. Bootshaus has the right to cancel the agreement unless the customer pays at the right time and the delay is not of minor importance to the lessor. The customer is then liable for compensation with the entire rental amount unless the canoe can be rented out to another customer.
If the customer cancels the canoe before the start of the rental period, the lessor will be charged:
If canceled canoe is rented out to another, the customer has the right to recover the amount paid less a handling fee of a maximum of SEK 100. In case of cancellation of the canoe before the start of the rental period due to death, serious illness or similar circumstance that has hit the tenant or someone in his family, Bootshaus shall refund what has been paid by the customer. Illness etc should be substantiated by a medical certificate or the like.
6. Transfer of contracts before the beginning of the rental period
The customer always has the right, instead of cancellation, to transfer the rental agreement to another person unless Bootshaus has reason to refuse to accept it as the lessee. The original customer will thus be free from all commitments to Bootshaus.
7. Canoe condition and equipment
It is the responsibility of Bootshaus at the beginning of the rental period, to deliver the agreed canoe in seaworthy and otherwise operational condition and provided with the necessary safety equipment and ordered extra equipment. Then it is the customer's responsibility that it be left back in the same condition.
8. Delayed or incorrect delivery
If Bootshaus does not provide the canoe in the contractual condition and with agreed equipment at the time agreed, the customer is entitled to such reduction of the rent corresponding to the delay. If the correction does not take place within 3 hours from the agreed time, the customer has the right to cancel the agreement. However, cancellation may not take place if the fault is only of minor importance to the customer or if Bootshaus supplies other equivalent canoe or equipment within 3 hours from the agreed time. Bootshaus is obliged to give the customer reasonable compensation for the damage he has suffered through the delay, except when Bootshaus can show that the delay is not due to neglect on his part. The same applies if the agreement is canceled.
9. Measures in case of failure, damage and loss
In the event of a fault or damage to the canoe or accessories, as well as in the event of loss of canoe or accessories, it is the customers responsibility to inform Bootshaus as soon as possible. Bootshaus shall, after such notification, inform the customer without delay of the measures he shall take.
10. The customers liability for defects, damage and loss
The customer is obliged to compensate for the loss or damage to the canoe except when he can make it likely that he has not been negligent. However, the customer is not liable for damages arising from external accident outside his control, nor for Bootshaus costs in connection with such accident.
11. Bootshaus liability for defects, damage and loss
If the fault, damage or loss of a canoe or accessory arises during the rental period, and the customer is not liable under the preceding paragraph, the customer has the right to cancel the contract or request such reduction of the rent corresponding to the fault, the damage or the loss. The customer is also entitled to reasonable compensation for damage that he has suffered as a result of the fault, damage or loss, except when Bootshaus can prove, that he himself has not been negligent. The agreement may not, however, be revoked if the error, damage or loss is only of minor significance to the customer or if Bootshaus leaves an equivalent replacement boat (or equipment) the day after notification of the event or repairs the canoe.
12. Return in advance due to illness etc.
In the event of death, serious illness or other similar circumstance which during the rental period affects the renter or someone in his family, the customer is entitled to return the canoe before the end of the agreed rental period. The rental period used shall be considered to run until the day after the return. Illness etc should be substantiated by a medical certificate or the like.
13. Return at the rental period end etc.
The customer must at the end of the rental period return the canoe at the place where it has been picked up, if another place has not been agreed. The canoe must be left well cleaned and in the same condition as during the removal except for normal wear. Bootshaus and the customer should, if possible, jointly inspect the canoe. If the customer does not return the canoe for an agreed time, he shall immediately inform Bootshaus. If Bootshaus does not allow the rental period to be extended or that the canoe is returned to a place other than what has been agreed, the customer will be charged twice the regular rental fee from the day after the canoe had been returned until the day when it is returned to Bootshaus. The amount is calculated per day in relation to the agreed rent. If the failure to return the canoe for an agreed time on death, serious illness or other similar circumstance affecting the tenant or someone in his family, the rent will be equal to the regular rental fee during the period of the obstacle. After a week, however, rent is paid with double the amount. Disease etc should be proved by a medical certificate or the like. After the customer has handed over the canoe, Bootshaus is obliged to reduce the damage to the canoe as soon as possible. The customer is in such case obliged to compensate Bootshaus for the costs that have been necessary to restore the canoe to such place where it can be used again by Bootshaus.
Disputes concerning the interpretation or application of these terms shall, in the first instance, be attempted by the parties to resolve by agreement. If the parties do not agree, the dispute may be examined by the General Complaints Board, to the extent that the matter is of such a nature that it can be dealt with by the Board, or by a public court (district court). It is always Swedish law that applies and rules for Sweden that are used. Damage or death to the customer can never be the fault of the lessor. It is always the guardians who are responsible for their child's actions and stand as guilty if something has gone wrong. That is, the custodian is financially responsible for his or her child and its equipment if it is not returned in good condition.