GENERAL TERMS AND CONDITIONS
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ARTICLE 1 - DEFINITIONS
1. Bentfield: Bentfield Yachting B.V. trading as Bentfield Sloepverhuur (Trade register number 69153345),
2. Renter: the natural or legal person who enters into a rental agreement with Bentfield for the use of a vessel against payment of a rental price;
3. Consumer: the Renter who is a natural person who is not acting for purposes relating to his trade, business, craft or profession.
4. Rental agreement: an agreement by which the proprie-tor undertakes, against payment, to make a vessel with-out crew available for use to the Renter;
5. Vessel: an object made to remain and move on the water, including its equipment and associated inventory;
6. Inventory list: list of objects belonging to the vessel;
7. Condition list: list on which the parties record, prior to departure, the condition of the vessel and any damage to the vessel;
8. Distance contract: an agreement concluded between Bentfield and the Renter within the framework of an organised system for the distance sale of products and/or services, in which context, up to and including the conclu-sion of the agreement, exclusive or joint use is made of one or more means of distance communication;
ARTICLE 2 - GENERAL
1. These terms and conditions apply to every offer, quotation and agreement between Bentfield and a Renter to which Bentfield has declared these conditions applicable, insofar as the parties have not explicitly deviated from these terms and conditions in writing.
2. These terms and conditions also apply to agreements with Bentfield, the performance of which requires the involvement of third parties.
3. These general terms and conditions have also been written for the employees of Bentfield and its management.
4. The applicability of any purchase or other terms and conditions of the Renter is expressly rejected.
5. If one or more provisions of these general terms and conditions wholly or partially become(s) or is/are declared void at any moment, the remainder of these general terms and conditions will remain fully applicable. Bentfield and the Renter will then consult with one another in order to agree on new provisions to replace the void or voided provisions, taking account to the greatest possible extent of the purpose and tenor of the original provisions.
6. In the event of any lack of clarity regarding the inter-pretation of one or more provisions of these general terms and conditions, interpretation must take place 'according to the spirit' of these provisions.
7. In the event that a situation occurs between the parties which is not covered by these general terms and conditions, this situation must be assessed in the spirit of these general terms and conditions.
8. If Bentfield does not require strict compliance with these general terms and conditions at all times, this does not mean that its provisions are not applicable, or that Bentfield would in any way lose the right to insist on strict compliance with the provisions in these terms and conditions in other cases.
9. Before the distance contract is concluded, the text of these general terms and conditions will be made available to the consumer. If this is not reasonably possible, Bentfield will, prior to the conclusion of the distance contract, indicate how the general terms and conditions can be viewed at Bentfield and that they will be sent free of charge as soon as possible at the consumer's request;
10. If the distance contract is concluded electronically, contrary to the previous paragraph and before the distance contract is concluded, the text of these general terms and conditions can be made available to the consumer electronically in such a way that the consumer can easily store them on a durable data carrier. If this is not reasonably possible, prior to the conclusion of the distance contract, it will be indicated where the general terms and conditions can be viewed electronically and that they will be sent electronically or otherwise free of charge at the consumer's request.
ARTICLE 3 - QUOTATIONS AND OFFERS
1. All quotations and offers of Bentfield are free of obligation, unless a period for acceptance is set in the quotation. An offer or quotation expires if the vessel to which the offer or quotation relates is no longer available in the meantime.
2. Bentfield cannot be required to comply with its quotations or offers if the Renter can reasonably understand that the quotations or offers, or parts thereof, contain a manifest mistake or slip of the pen.
3. The prices stated in an offer or quotation are inclusive of VAT and other government levies, unless stated otherwise.
4. If the acceptance differs from that offered in the quo-tation or offer (including on minor points), Bentfield will not be bound by it. In such cases, the agreement will not come into being on the basis of this divergent acceptance, unless otherwise indicated by Bentfield.
5. A drawn-up price quotation does not oblige Bentfield to perform part of the order or a partial supply of goods for a corresponding part of the quoted price. Offers or quotations do not apply automatically to future orders.
ARTICLE 4 - OBLIGATIONS OF BENTFIELD
1. At the start of the rental period Bentfield will make the vessel available to the Renter. Bentfield will ensure that the vessel is in good condition, that it can be used for the purpose for which it is intended and that it is fitted with adequate safety equipment appropriate to the agreed navigation area.
2. Bentfield is obliged to adequately insure the vessel on behalf of the Renter against civil liability, hull damage and theft. This insurance will only apply to the use of the vessel in the navigation area agreed between Bentfield and the Renter. The insurance is subject to a reasonable excess that is in reasonable proportion to the value of the vessel.
3. Prior to departure, Bentfield and the Renter will record the condition of the vessel in a condition list signed by both parties. Bentfield will give a copy of the signed condition list to the Renter.
4. Bentfield will give an inventory list to the Renter before departure.
5. At the end of the rental period, Bentfield will take delivery of the vessel at the agreed place and time, unless agreed otherwise with the Renter.
6. Bentfield will ensure that the necessary (emergency) telephone numbers are present in the vessel.
7. If a reserved vessel is unavailable at the agreed location 1 hour after the commencement of the reserved rental period and Bentfield is unable to offer the Renter a reasonable alternative, the Renter will be entitled to reimbursement of the agreed rental sum, unless Bentfield has notified the Renter of the unavailability of the reserved vessel at least two hours before the agreed time. Under no circumstances will the Renter be entitled to any additional compensation, for whatever reason.
ARTICLE 5 - OBLIGATIONS OF RENTER / CONTRACTUAL PENALTY
1. The Renter must have sufficient boat handling skills and in any case be 25 years of age or older.
2. The Renter must comply with Bentfield's instructions to maintain the vessel and to preserve Bentfield's rights. This also includes a prohibition to leave the marina or return to it, and an order to navigate directly to a mooring location to be determined by Bentfield due to bad weather conditions and/or excessive use of alcohol and/or drugs by persons on board.
3. It is forbidden to operate the vessels of Bentfield under the influence of alcohol, drugs and/or medication. The helmsman of the vessel must be sober at all times while steering the vessel. If Bentfield determines that this is not the case, it will immediately proceed to recover the vessel without any form of refund of the rent. In the event of violation of this prohibition, the Renter shall forfeit in favour of Bentfield a penalty of €500, payable on demand and not subject to mitigation.
4. Before departure, the Renter will receive an inventory list from Bentfield. The Renter is required to check that the inventory on this list is present on the vessel. The Renter must also check that the vessel is fitted with safety equipment appropriate to the navigation area.
5. If the inventory on board does not match the inventory on the inventory list, or if the safety equipment is incomplete or faulty, the Renter must report this to Bentfield before departure.
6. Before departure, the Renter must sign the condition list for approval.
7. The Renter must take due care when using the vessel as a good skipper, and in accordance with its designated use. The Renter may not make any changes to the vessel and may not (co-)use, sublet and/or transfer the vessel to another party without written permission from Bentfield.
8. At the end of the rental period, the Renter must transfer the vessel to Bentfield at the agreed time and place and in the same condition as the Renter received the vessel.
9. The costs directly related to the use of the vessel will be borne by the Renter. This includes, for example, fuel costs, port, bridge, quay, lock and berth fees, unless agreed otherwise in writing.
10. The Renter must report any damage of any kind, or other malfunctions and/or defects the vessel may have, to Bentfield as soon as possible. This also applies to facts and/or circumstances that could reasonably lead to damage, malfunctions and/or defects.
11. Should the Renter fail to meet the agreed time of return for whatever reason, the Renter must notify Bentfield by telephone to this effect as soon as possible. If the vessel is transferred more than a quarter of an hour later than the agreed time at the agreed location, Bentfield will charge the next block of time and Bentfield will be entitled to compensation for any further (consequential) damage, unless the late return cannot be attributed to the Renter.
ARTICLE 6 - GENERAL RULES FOR USE / CONTRACTUAL PENALTY
1. It is not permitted to occupy the vessel with more than the number of persons indicated by Bentfield or to use the vessel other than as intended by the rental company. In the event of violation of this prohibition, the Renter shall forfeit in favour of Bentfield a penalty of €500, paya-ble on demand and not subject to mitigation.
2. The use of confetti, fireworks, throwing rice, etc. is not permitted on board the vessel.
3. No waste may be thrown overboard. After the rental period, the Renter can dispose of waste in the rubbish bin at the rental location.
4. The Renter must ensure that there is as little nuisance as possible for others on the water and for local residents. Electrically amplified music is only permitted on board, insofar as any built-in audio installation already present is used, on the understanding that even then as little nui-sance as possible must be caused to others on the water and to local residents.
5. At dusk it is mandatory to use the supplied lights visibly.
6. It is not permitted to leave the vessel unattended.
7. It is not allowed to relieve oneself on one of the islands, from the boat or in other public places where this is not appropriate. Relieving oneself must take place at the indicated places ashore.
8. In the event of violation of a prohibition as described in paragraphs 2 to 7 of this article, the Renter shall forfeit to Bentfield, for each violation of a prohibition, an immediately due and payable penalty of €150, which is not subject to mitigation.
9. The Renter shall forfeit to Bentfield an immediately due and payable penalty of €150, which is not subject to mitigation, if Bentfield receives a complaint from third parties about the (cruising) behaviour of the Renter, such as, for example, anti-social behaviour and/or cruising too fast.
10. Bentfield explicitly points out the danger of entrapment of limbs between the vessel and other objects.
11. Bentfield may dissolve the rental agreement immediately and take back the vessel immediately if the Renter does not comply with the provisions of the rental agreement and the contents of these general terms and conditions. In such cases, the Renter will also be obliged to pay the full rent for the period agreed in advance, without being entitled to any form of refund of the rent.
ARTICLE 7 - CANCELLATION / NO SHOW / TIME
1. Subject to the provisions of this article, the Renter can only dissolve the rental agreement at no charge in the event of forecast bad weather during the rental period (good weather guarantee). In this context, bad weather means a predicted wind force of 4 Bft or more, precipitation and a temperature below 18 degrees Celsius.
2. Bentfield must be informed of the cancellation by the Renter by telephone or email at least 24 hours before the reserved departure time. If this does not take place on time, the Renter will owe the full rent. Bad weather during the rental period is not covered by the cancellation terms and conditions and will therefore not result in a refund.
3. If the Renter cancels within 24 hours before the start of the rental period, the full rental amount will be due.
4. In the event that the Renter validly invokes the good weather guarantee to cancel all or part of a reservation made, the Renter will nevertheless be obliged to purchase the items ordered and/or prepared by Bentfield for the purpose of the reservation (such as drinks and food) from Bentfield against payment.
5. Bentfield is entitled not to provide a vessel if the weather forecast gives reason to do so. In such cases, the Renter will only be entitled to a refund of any rent already paid in advance.
6. In the event of a no-show by the Renter (failure to comply with the reservation), the total rental price will be charged.
7. If the Renter is more than 1 hour later than the agreed starting time without prior notice by telephone, the Renter will owe the entire rental sum and Bentfield will be entitled to rent the vessel to someone else. In such cases, the Renter will not be entitled to any alternative.
8. If the Renter returns the vessel to the rental location prematurely and before expiry of the agreed rental peri-od, the Renter will not be entitled to a refund of all or part of the rental sum paid.
ARTICLE 8 - NAVIGATION AREA AND RULES
1. The vessels may only be used on the Randmeren, Wolderwijd and the Veluwemeer lakes, and only within the navigation channel.
2. The Renter should sail as much as possible on the right (starboard) side of the navigation channel.
3. The Renter must comply with the Dutch Navigation Regulations, including the Inland Waterways Police Regulations.
4. The Renter must at all times take good account of other users of the water and in particular at bridges, crossings, locks and narrow areas. This also means not cornering too widely.
5. It is forbidden to moor under and/or on bridges, on corners of waterways or on houseboats.
6. Tour boats, cargo vessels, other professional vessels and (other) vessels larger than 20 metres have right of way at all times.
7. The most important navigation rules will be given to the Renter in writing at the start of the rental period.
ARTICLE 9 - RENTAL PERIOD, IMPLEMENTATION AND AMENDMENT OF AGREEMENT
1. The agreement is entered into for a fixed period of time as agreed between Bentfield and the Renter.
2. Bentfield is entitled to have certain work carried out by third parties.
3. If the agreement is amended, including if it is supplemented, Bentfield will be entitled to defer realisation until approval for the amendment has been given by the person authorised to do so at Bentfield, and the Renter has agreed to the price and other terms and conditions for the realisation, including the moment - still to be determined at that point - at which realisation will take place. The nonrealisation or delayed realisation of the amended agreement will not result in breach of contract on the part of Bentfield, and will not form any grounds for Bentfield to terminate the agreement. Without being in default as a result, Bentfield may refuse a request to amend the agreement.
4. If the Renter is in default at any point in terms of prop-er compliance with that which it is required to do vis-à-vis Bentfield, the Renter will be liable for all loss (including costs) on the part of Bentfield occurring as a direct or indirect result.
5. In the event that Bentfield agrees a fixed price with the Renter, Bentfield will nevertheless at all times be entitled to increase this price without the Renter being entitled in such cases to dissolve the agreement for this reason, if the price increase arises from an authorisation or obligation pursuant to the law or regulations or is due to an increase in the price of raw materials, pay, etc., or on other grounds which were not reasonably foreseeable at the time the agreement was entered into.
6. If the price increase exceeds 10% and takes place within three months after the agreement is entered into, other than as a result of an amendment to the agreement, a Renter who is entitled to invoke title 5 section 3 of Book 6 DCC (and only such a Renter) will be entitled to dissolve the agreement by means of a written declaration, unless Bentfield is prepared to realise the agreement on the grounds of the amount originally agreed, or if the price increase is the result of an authorisation or an obligation incumbent on Bentfield under the law or if it has been stipulated that making the vessel available will take place more than three months after entering into the rental agreement.
7. If the agreement is concluded electronically, Bentfield will take appropriate technical and organisational measures to secure the electronic transfer of data and will ensure a secure web environment. If the consumer is able to pay electronically, Bentfield will observe appropriate safety measures.
8. In the event of a distance contract, Bentfield will, at the latest upon delivery of a product and/or service to the Consumer, send the following information, in writing or in such a way that it can be stored by the Consumer in an accessible manner on a durable data carrier:
a. the visiting address of the Bentfield location to which consumers can address their complaints;
b. the terms and conditions under which and the way in which the consumer may exercise the right of withdrawal, or a clear indication that the right of withdrawal is excluded;
c. the price including all taxes of the product and/or service; where applicable, the costs of delivery; and the method of payment, delivery or performance of the distance contract;
d. a reminder of the existence of the legal guarantee that the vessel must comply with the rental agreement;
e. if the consumer has a right of withdrawal, the model withdrawal form;
f. where applicable, the existence and terms and conditions of deposits or other financial guarantees to be paid or provided by the consumer at Bentfield's request.
ARTICLE 10 - SUSPENSION, DISSOLUTION AND PREMATURE TERMINATION OF THE AGREEMENT
1. Bentfield is authorised to suspend compliance with the obligations or to dissolve the agreement, if:
- the Renter does not fulfil his/her obligations under the agreement or does not fulfil them fully or on time;
- after entering into the agreement, Bentfield becomes aware of circumstances which give grounds to believe that the Renter will not comply with the obligations;
- the Renter was asked to provide security for compliance with his/her obligations arising from the agreement when the agreement was entered into, and such security has not been provided, or is not sufficient;
- In the event that, as a result of delays on the part of the Renter, it can no longer be expected of Bentfield that it comply with the agreement on the basis of the conditions originally agreed, Bentfield will be entitled to dissolve the agreement.
2. Bentfield will also be authorised to dissolve the agreement in the event that circumstances occur which are of such a nature that compliance with the agreement is impossible or in the event that other circumstances occur which are of such a nature that unchanged continuation of the agreement cannot reasonably be expected of Bentfield, such as, for example, in the case of a bad weather forecast that would make departure irresponsible.
3. If the agreement is dissolved, Bentfield's claims against the Renter will become immediately due and payable. If Bentfield suspends compliance with the obligations, it will retain its entitlements under the law and the agreement.
4. In the event that Bentfield suspends or dissolves the agreement, it will in no way be required to reimburse any loss and costs which occur as a result of this.
5. If the dissolution is attributable to the Renter, Bentfield will be entitled to reimbursement of the loss, including the costs occurring directly and indirectly as a result.
6. In the event that the Renter does not comply with his/her obligations arising from the agreement, and said noncompliance justifies dissolution, Bentfield will be entitled to dissolve the agreement immediately and with immediate effect without any obligation on Bentfield to pay any compensation for loss or other compensation, while the Renter will be required to pay compensation for loss or other compensation in the event of failure to perform.
7. In the event that the Renter is granted protection from his/her creditors (or an application for said protection) or in the event of of liquidation and/or bankruptcy of the Renter, attachment - if and inasmuch as the attachment is not withdrawn within three months - against the Renter, a debt rescheduling arrangement or other circumstance as a result of which the Renter can no longer freely dispose of his/her assets, the Renter will be in default by operation of law and Bentfield will be free to terminate and/or dissolve the order or agreement immediately and with immediate effect, or to cancel the order or agreement, without any obligation on the Renter to pay any compensation for loss or other compensation. In such circumstances, the claims of Bentfield against the Renter will be immediately due and payable.
ARTICLE 11 - STATUTORY RIGHT OF WITHDRAWAL NOT APPLICABLE TO DISTANCE CONTRACT
1. The reservation / agreement with regard to the rental at distance of a vessel between Bentfield and the Renter, who is a consumer, is legally final. Pursuant to Article 6:230p(e) of the Dutch Civil Code, the right of withdrawal (also referred to as the 14-day cooling-off period) does not apply to agreements entered into by the Renter with Bentfield.
2. The reservation/agreement relating to the catering (such as the provision of drinks/food/barbecue etc.) that is made at a distance between Bentfield and a Renter who is a consumer, is legally final. Pursuant to Article 6:230p(f)(2) of the Dutch Civil Code, the right of withdrawal (also referred to as the 14-day cooling-off period) does not apply to agreements entered into by the Renter with Bentfield.
ARTICLE 12 - FORCE MAJEURE
1. Bentfield is not required to comply with any obligation vis-à-vis the Renter if Bentfield is impeded from doing so as the result of a circumstance which is not the result of negligence, and for which it cannot be held to blame in law, by virtue of a legal act or in accordance with generally held opinions.
2. The term 'force majeure' is deemed in these general terms and conditions to mean – in addition to all that which it means under the law and in case law – all external causes, foreseen or unforeseen, on which Bentfield cannot exercise any influence, but as a result of which Bentfield is unable to meet its obligations. This includes industrial action in Bentfield's company or at third parties. Bentfield will also be entitled to invoke force majeure if the circumstance which impedes (further) compliance with the agreement occurs after Bentfield should have complied with its obligation.
3. Bentfield will be entitled to suspend the obligations arising from the agreement for as long as the force majeure persists. In the event that this period persists for more than two months, each of the parties will be entitled to dissolve the agreement, without the obligation on either party to pay compensation for loss to the Renter.
4. Inasmuch as Bentfield has already complied with part of its obligations arising from this agreement at the time the force majeure occurs, and an independent value can be attributed to the part complied with or still to be complied with, Bentfield will be entitled to invoice the part com-plied with or to be complied with separately. The Renter is required to settle this invoice as if a separate agreement existed.
ARTICLE 13 - PAYMENT AND COLLECTION COSTS
1. Payment must take place within 14 days of the invoice date in a manner indicated by Bentfield, in the currency in which the invoice has been issued, unless otherwise indicated in writing by Bentfield. In any case, the amount due must be paid no later than on the commencement date of the agreed rental period and before departure.
2. If the Renter persists in failure to pay an invoice on time, he/she will be in default by operation of law. The Renter will then owe interest of 1% per month, unless the statutory rate of interest is higher, in which case the statutory rate of interest will be owed. Interest on the due amount will be calculated from the moment that the Renter is in default until the moment of payment of the full amount owed.
3. Bentfield is entitled to apply payments made by the Renter to settle the costs, then the interest and finally the principal amount and the current interest.
4. Bentfield may refuse an offer of payment in the event that the Renter indicates a different sequence for application of the payment, without being in default. Bentfield can refuse full settlement of the principal amount in the event that this does not also cover the current and incurred interest and collection costs.
5. The Renter will at no time be entitled to set off the amount owed by it to Bentfield.
6. Objections to the level of the invoice do not suspend the payment obligation. A Renter who is not entitled to invoke Section 6.5.3 (Articles 231 through 247, book 6 of the Dutch Civil Code) will also not be entitled to suspend payment of an invoice for other reasons.
7. If the Renter is in default of compliance with his/her obligations, all reasonable costs for ensuring compliance out of court shall be borne by the Renter. The extrajudicial costs will be calculated on the basis of what is customary in the Dutch collection practice, currently the calculation method according to the Compensation for Extrajudicial Collection Costs Decree of 27 March 2012 (Bulletin of Acts and Decrees 2012/142). However, if Bentfield has incurred higher collection costs which were reasonably necessary in respect of a Renter who is not a consumer, the costs actually incurred will be eligible for reimbursement. The Renter will also owe the statutory (commercial) interest on the extrajudicial collection costs owed.
ARTICLE 14 - PERIOD OF LIMITATION
1. Contrary to the statutory limitation periods, the limitation period for all claims and defences vis-à-vis Bentfield and third parties engaged by Bentfield in the implementation of an agreement will be one year.
ARTICLE 15 - LIABILITY OF BENTFIELD
1. In the event that Bentfield is liable, such liability shall be limited to that stipulated in this provision.
2. Bentfield will not be liable for damage of any nature whatsoever arising as a result of defects to the vessel, unless they are defects of which Bentfield was aware and/or should have been aware at the time of entering into the rental agreement.
3. Bentfield will not be liable for damage as a result of theft, loss and/or damage to property the Renter takes with him/her on the vessel.
4. In the event that Bentfield is liable for any damage, Bentfield's liability is limited to a maximum of twice the rental price for the reservation.
5. Bentfield’s liability is, in any event, at all times limited to the amount paid out by its insurer in the case.
6. Bentfield will only be liable for direct loss.
7. The term direct loss will exclusively be deemed to mean the reasonable costs incurred in determining the cause and extent of the loss, inasmuch as the determination relates to loss or damage within the meaning of these terms and conditions, the reasonable costs (if appropriate) incurred in bringing the faulty performance of Bentfield in line with the agreement, inasmuch as this is attributable to Bentfield, and reasonable costs incurred in preventing or limiting the loss or damage, inasmuch as the Renter can show that these costs have resulted in a limitation of direct loss or damage as referred to in these general terms and conditions.
8. At no time can Bentfield be held liable for indirect loss, including consequential loss, loss of profits, loss of income, missed savings and loss resulting from business delays.
9. The limitations of liability contained in this article will not be applicable if the loss or damage is the result of intent or gross negligence on the part of Bentfield or its subordinate managers.
ARTICLE 16 - LIABILITY OF RENTER FOR DAMAGE
1. The Renter will be liable for all damage to the vessel and/or as a result of loss of the vessel and/or to (goods of) third parties during the period that he/she has rented and/or used the vessel, with due observance of the provisions of this article.
2. The Renter will not be liable towards Bentfield if he/she can prove that the damage and/or loss was not caused by him/her or one of the other persons on board or cannot be attributed to him/her and/or the other persons on board. For the purposes of this paragraph, damage is also deemed to mean consequential damage.
3. The Renter's liability vis-à-vis Bentfield will always be limited to the Renter's excess in the event of any such event of €500, regardless of whether or not Bentfield's insurer provides cover, unless:
(a) the Renter has knowingly used the vessel and/or allowed it to be used by persons on board outside the navigation channel and/or outside the navigation area agreed with Bentfield and/or
(b) the Renter knowingly fails to comply with Bentfield's instructions to preserve the vessel and/or to retain the rights of Bentfield and/or
(c) the Renter controls the vessel or allows it to be controlled by other persons on board who are under the influence of alcohol, drugs and/or medication and/or
(d) the damage occurred as a result of intent and/or conscious recklessness on the part of the Renter and/or persons on board and/or
(e) in the event of theft, the Renter has not moored the vessel correctly and in accordance with Bentfield's instructions and/or
(f) the damage is the result of criminal offences committed by the Renter and/or persons on board.
In these cases, the Renter will be fully liable towards Bentfield for all damage (both direct and indirect and in the broadest sense of the word) suffered by Bentfield as a result of the acts and/or omissions of the Renter.
ARTICLE 17 - INDEMNIFICATION
1. The Renter indemnifies Bentfield against any claims by third parties which suffer damage or loss in the context of the implementation of the agreement, the cause of which is attributable to a party other than Bentfield.
2. If Bentfield is held liable by third parties in that respect, the Renter will be required to assist Bentfield both in and out of court and immediately to do all that which may be expected of the Renter in such circumstances. If the Renter remains in default of taking adequate measures, Bentfield will be entitled to do so itself, without notice of default. All costs and loss incurred by Bentfield and third parties in this context will be at the full expense and risk of the Renter.
ARTICLE 18 - APPLICABLE LAW AND DISPUTES
1. All legal relationships to which Bentfield is a party will be subject exclusively to Netherlands law, even if an obligation is realised wholly or partially abroad or if the party involved in the legal relationship is domiciled abroad. The applicability of the Vienna Sales Convention is explicitly excluded.
2. The court in the place of establishment of Bentfield is competent, to the exclusion of all other courts, to hear disputes, unless otherwise stipulated by mandatory law. Bentfield will nevertheless be authorised to put the dispute before the court competent in law.
3. The parties will not take the matter to court until they have done their utmost to settle a dispute in mutual consultation.
ARTICLE 19 - LOCATION AND AMENDMENT OF TERMS AND CONDITIONS
1. The most recent version in force at the time of the establishment of the legal relationship with Bentfield will be applicable at all times.
2. Bentfield is entitled to revise and amend these general terms and conditions periodically.
3. The Dutch text of the general terms and conditions will at all times be determinative for their interpretation.