Palm Beach ELECTRIC BOAT RENTAL INformation

Article 1. General

1. Unless otherwise defined in these terms and conditions, all terms used shall have the following definitions.
   • EBR PALM BEACH  INC, a user of these general terms and conditions. EBR PALM BEACH INC. rents out vessels.
   • Lessee: each natural person who enters into an agreement with EBR PALM BEACH INC., or who receives an offer that is governed by these general terms and conditions. If Lessee is a legal entity, please refer to the general terms and conditions for commercial use.
2. These general terms and conditions apply to all EBR PALM BEACH INC’s (rental) agreements. The Lessee’s acceptance of an agreement without any comments is presumed to be an acceptance of these general terms and conditions.
3. Any deviation of these terms and conditions should be made clear in writing in advance. The applicability of any conditions of the Lessee is expressly rejected. Application of any conditions of the Lessee is only possible if agreed in writing by parties.
4. If a situation occurs that is not described in these terms and conditions, this shall be judged in the spirit of these general terms and conditions.
5. EBR PALM BEACH INC. may amend the present conditions. Amendments shall also apply to agreements already entered to. EBR PALM BEACH INC. shall announce any such amendments well in advance. The Lessee may terminate the agreement as per the date on which the amended conditions will take effect, if the Lessee does not wish to accept such amended conditions.

Article 2. General rules

1. EBR PALM BEACH INC. rents out vessels. Lessee shall behave in accordance with these general rules and will always bear responsibility for the compliance by all passengers with all general rules. Should Lessee (or a person in Lessee’s party) not comply with the general rules, EBR PALM BEACH INC. is entitled to terminate the agreement with Lessee with immediate effect. In such an event, there will be no right of restitution for any amount yet paid.
2. EBR PALM BEACH INC. has two sorts of registered users:
   • (Paid) boat club membership: Lessee pays a membership fee and may reserve a dedicated vessel. Any sailing hours will be collected through direct debit afterward. See articlefor more information about the membership.
   • (Free) registered user: Through a free account Lessee may easily rent a vessel at regular rates.

   Non-members may rent a vessel without entering a membership and without registering for the boat club.

3. General opening hours of EBR PALM BEACH INC. are indicated on the website and are subject to changes. During these opening hours, Lessee can rent a boat immediately depending on the availability of the fleet.
4. EBR PALM BEACH INC. reserves the right to apply special rates on any holiday, including but not limited to Mother’s Day, Father’s Day, 4th of July, Labor Day Weekend, Memorial Day Weekend, and the Ventura Christmas Parade week.
5. A Lessee should be 21 or older.
6. Vessels are suitable for carrying up to 8 or 10 people depending on the model. 7. Vessels may not be operated while under the influence of alcohol and/or drugs. 8. Lessee shall not leave the vessel unattended while the vessel is in use.
7. Sailing rules:
   • Safety above all, never take risks.
   • Always stay on the starboard (right) side and maintain such a speed that no unnecessary beating of the waves is caused. Always abide by the maximum speed limits.
   • Commercial shipping (including round-trip boats) always have right of way.
   • Make sure that others can see which way you are going. Approach bridges in such a way that you are visible for any oncoming traffic.
   • You may not operate a vessel while under the influence of drugs and/or alcohol. o You may not moor the vessel to trees, under or at bridges, and at places at which prohibition signs apply.
   • People live on and at the water, respect their privacy. Please make sure not to cause any (noise) nuisance.
8. Lessee agrees to receive communication through text and email for future use.

Article 3. The membership

1. A Lessee who enters into a (paid) Boat Club membership, does so for at least twelve calendar months. The membership will automatically renew until canceled for another 12 consecutive months at the end of each term unless advised 20 days prior.
2. Boat Club members may pay their membership fee annually or monthly. Direct debit or Visa payments always apply.
3. Upon commencement of the membership, Lessee will pay a $500.00 security deposit. This deposit will be returned at the end of the membership period provided the Lessee is in good standing and all damages or late fees have been paid.
4. Members have the same responsibility for damages as regular hourly rentals. The regular rental contract applies for each rental made by a club member.
5. Refer to EBR PALM BEACH INC. membership agreement for further details. The boat club members are subject to regular terms and conditions plus the rules and regulations of the boat club. The rules and regulations are confidential and sent to members only. The rules and regulations apply as they are amended by the club.

Article 4. The rental period: beginning, extension, end

1. The rental period begins at the prior arranged time. A Lessee who is not present at the said time to collect the vessel is not entitled to compensation by adjustment of the rental period to a later time.
2. If it is possible to extend the rental period, a text message will be sent to the Lessee with instructions about 1 hour before the return is scheduled. Should an extension be possible (EBR PALM BEACH INC. is entitled to refuse extensions) the proposed rate (on the text message) applies. EBR PALM BEAHC INC. will then extend the rental period to the time as requested and charge the Credit Card on file. If the Lessee does not receive an offer to extend, the boat is deemed not available and must be returned as scheduled.
3. Should Lessee not return the vessel at the stipulated time; all extra time will be charged with a double hourly regular rate. Lessee is also responsible for reimbursement of all damages incurred by EBR PALM BEACH INC. because of the late return of the vessel.
4. Lessee will return the vessel clean and without garbage to EBR PALM BEACH INC. at the end of the rental period. Should the vessel be returned in a dirty state, Lessee may have to pay cleaning fees Listed on the EBR PALM BEACH INC. Rules and Safety Regulations signed before departure.
5. When the vessel is returned, Lessee shall moor the vessel properly at the intended ropes and carbine hooks.

Article 5. Obligations EBR PALM BEACH INC. and Lessee

1. At the beginning of the rental period,EBR PALM BEACH INC. will make sure that Lessee has the disposal of said vessel. EBR PALM BEACH INC. will make sure that the vessel is in appropriate condition and the safety features as agreed on are available. EBR PALM BEACH INC.’s vessels will be suitable for their intended use.
2. EBR PALM BEACH INC. will also make sure the vessel is properly insured (third party insurance, body, theft) for the area in which the ship will be used according to the agreement.
3. Lessee is not allowed to surrender the vessel to a third party. Lessee will remain responsible at all times until the vessel is moored at the landing at EBR PALM BEACH INC. Should the vessel be, either
4. activated or not activated, be moored/ left behind somewhere other than at the landing, late fees at $per hour will be charged until the boat is back to the rental center. Any other costs will be recovered from Lessee as well. (Ex. towing and staff fees)
5. Lessee will abide by all applicable rules. Should Lessee not be aware of all sailing rules, Lessee should contact EBR PALM BEACH INC. Lessee is assumed to have all skills necessary for safe sailing.
6. Lessee will check prior to departure whether all necessary safety equipment is on board. Should this not be in order, Lessee is to contact EBR PALM BEACH INC. before departing.
7. Lessee will take care of the vessel with due diligence and may only use it for purposes suitable to the nature of the vessel. Lessee may not make any adjustments to the vessel. Any repairs will only be done by EBR PALM BEACH INC. unless otherwise agreed.
8. Lessee will use the vessel according to the directions/ instructions given by EBR PALM BEACH INC. and/or the manuals. Lessee will be liable for all damages resulting from not (fully) complying with the directions/ instructions by EBR PALM BEACH INC. or the manual.
9. At the end of the rental period, Lessee will surrender the vessel to EBR PALM BEACH INC. at the agreed place and time. The vessel, including its inventory, shall be returned in the same state as it was at the beginning of the rental period.

Article 6. Credit card and payment

1. Lessees authorize EBR PALM BEACH INC. to charge the credit card on file used to rent the boat up to 5 days after the rental period. Lessee will pay the agreed on rental rate, damages or late charges.
2. A Lessee who has a membership with EBR PALM BEACH INC. will pay this amount once upon commencement of the membership. The deposit will be returned to Lessee within 10 working days after the end of the membership. Members pay through direct debit or Credit Card.
3. EBR PALM BEACH INC. is entitled to fully or partly keep the deposit in case of damage or when Lessee does not return the vessel to EBR PALM BEACH INC. at the agreed-on time or in case of extension. Extra and/or surplus sailing time will be settled with the deposit in proportion in which 15-minute time-blocks will be used.
4. Should Lessee not pay any rent due he is assumed to be in default. EBR PALM BEACH INC. may then terminate the rental agreement permission and revoke the vessel immediately. EBR PALM BEACH INC. is entitled to charge the legal interest on the amount due. Any costs EBR PALM BEACH INC. incurs – both judicially and extra judicially – in the process of obtaining Lessee’s payment, are at Lessee’s expense.

Article 7. Damage and liability

1. Lessee is liable for damage to the vessel as well as any damages caused by him or any member of his party to a third party within the rental period.
2. Lessee is fully liable for all (subsequent) damage he causes should he use the vessel outside the agreed-on sailing area.
3. Unless reduced liability insurance is purchased at the time of booking, the customer is fully (100%) responsible for any damages to our boats. EBR PALM BEACH INC. is entitled to have the vessels brought back to the same state and conditions at Lessee’s expense. Failure to accept or pay damages by the lessee within 30 days means EBR reserve rights to transfer the lessee to collections by local authority. Insurance liability does not apply to club members, club members are always 100% responsible.
4. EBR PALM BEACH INC. cannot be held liable for any personal injury or (subsequent) damage, regardless of the cause of said injury or damage, before, during, or resulting from the agreement between EBR PALM BEACH INC. and Lessee, unless it is firmly established that this injury or damage was caused by EBR PALM BEACH INC. or its subordinates through intent or gross negligence. EBR PALM BEACH INC.’s liability is always limited to at most the amount of the rental agreement.
5. EBR PALM BEACH INC. is not liable for the loss and/or damage to any items brought onto the vessel by Lessee.

Article 8. Cancellations

1. You may request a full refund minus a $20 processing fee for any cancellation request at least 5 days prior to your cruise.
2. You may reschedule or request a digital raincheck voucher for any cancellation request received between 24 hours to 5 days prior to your cruise.
3. Same day cancellations will result in a no call/ no show. As a result, you forfeit your chance to receive and voucher or a reschedule.
4. A weekday cruise may only be rescheduled or rain checked for another weekday cruise.
5. All requests must be made online by replying to the confirmation email received upon reserving your cruise from reservations@eboatsrental.com.

Article 9. Force Majeure

1. EBR PALM BEACH INC. is not required to comply with any obligation if prevented from doing so as a result of a circumstance that is beyond their control and for which they cannot be held accountable by virtue of the law, a juristic act or generally accepted views. EBR PALM BEACH INC. can suspend his contractual obligations during the period of force majeure. If the period of force majeure lasts for longer than three months, either party shall be entitled to dissolve the contract without being obliged to pay any compensation for damages to the other party. In this case, EBR PALM BEACH INC. will remain entitled to demand payment for the services it supplied with respect to the performance of the contract before the circumstances that caused the force majeure became apparent.
2. In these general conditions, force majeure is defined – in addition to that which is deemed as such by law and legal precedent – as all circumstances, foreseen or unforeseen, that are beyond the control of EBR PALM BEACH INC. but which prevent EBR PALM BEACH INC. from meeting his obligations. That includes fire, strikes, earthquake, pandemic, at EBR PALM BEACH INC.’s business. EBR PALM BEACH INC. is entitled to invoke force majeure if the circumstances rendering (further) fulfillment of the obligations impossible commence after the point in time on which EBR PALM BEACH INC. should have fulfilled his obligations.

Article 10. Complaints and disputes

1. Any complaints should be reported to EBR PALM BEACH INC. in writing within a reasonable time.
2. All legal relationships between EBR PALM BEACH INC. and the Lessee to which these terms and conditions apply shall be governed by the laws of California and the United States of America. In the absence of mandatory rules of law to the contrary, the court in California has exclusive competent jurisdiction.

REV Mar, 2021
PP