Terms & Conditions

New Jersey Electric Boat Rental & Sales LLC (NJeBRS)

Terms & Conditions

Updated July 12th, 2023

Article 1. General

1. Unless otherwise defined in these terms and conditions, all terms used shall have the following definitions:

   a. NJeBRS: A user of these general terms and conditions. NJeBRS rents out vessels.

   b. Lessee: Each natural person who enters into an agreement with NJeBRS, 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 NJeBRS’ (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 from these terms and conditions shall 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 both 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. NJeBRS may amend the present conditions. Amendments shall also apply to agreements already entered into. NJeBRS 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. NJeBRS 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, NJeBRS 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. NJeBRS has two types of registered users:

   a. (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 the article for more information about the membership.

   b. (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. The general opening hours of NJeBRS are indicated on the website and are subject to changes. During these opening hours, Lessee can rent a vessel immediately depending on the availability of the fleet.

4. NJeBRS reserves the right to apply special rates on any holiday, including but not limited to Easter Weekend, Mother’s Day, Memorial Day Weekend, Father’s Day, 4th of July Weekend, and Labor Day Weekend.

5. A Lessee shall be 21 years of age or older.

6. Vessels are suitable for carrying up to 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.

9. Sailing rules:

   a. Safety above all, never take risks.

   b. 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.

   c. Commercial vessels and sailboats, not under power, always have the right of way.

   d. Make sure that others can see which way you are going. Approach bridges in such a way that you are visible to any oncoming traffic.

   e. You may not operate a vessel while under the influence of drugs and/or alcohol.

   f. You may not moor the vessel to trees, under or at bridges, and at places at which prohibited signs apply.

   g. People live on and at the water, respect their privacy. Please make sure not to cause any (noise) nuisance.

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 the NJeBRS 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 previously 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 (NJeBRS is entitled to refuse extensions) the proposed rate (on the text message) applies. NJeBRS will then extend the rental period to the time requested and charge the Credit Card on file. If the Lessee does not receive an offer to extend, the vessel is deemed not available and must be returned as scheduled.

3. Should the Lessee not return the vessel at the stipulated time, all extra time will be charged at a double hourly regular rate. Lessee is also responsible for reimbursement of all damage incurred by NJeBRS because of the late return of the vessel.

4. The Lessee will return the vessel clean and without garbage to NJeBRS at the end of the rental period. Should the vessel be returned in a dirty state, the Lessee may have to pay cleaning fees Listed on the NJeBRS Rules and Safety Regulations signed before departure.

5. When the vessel is returned, the Lessee shall moor the vessel properly at the intended ropes and carbine hooks.

Article 5. Obligations NJeBRS and Lessee

1. At the beginning of the rental period, NJeBRS will make sure that the Lessee has the disposal of said vessel. NJeBRS will ensure that the vessel is in appropriate condition and that the agreed-upon safety features are available. NJeBRS’ vessels will be suitable for their intended use.

2. NJeBRS 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. The 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 NJeBRS.

4. Should the vessel be, either activated or not activated, be moored/ left behind somewhere other than at the landing, late fees at $150 per hour will be charged until the vessel is back at the rental center. Any other costs will be recovered from Lessee as well (e.g. towing and staff fees).

5. Lessee will abide by all applicable rules. Should Lessee not be aware of all sailing rules, Lessee should contact NJeBRS. Lessee is assumed to have all the 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, the Lessee is to contact NJeBRS 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 NJeBRS unless otherwise agreed.

8. The Lessee will use the vessel according to the directions/ instructions given by NJeBRS and/or the manuals. Lessee will be liable for all damages resulting from not (fully) complying with the directions/ instructions by NJeBRS or the manual.

9. At the end of the rental period, the Lessee will surrender the vessel to NJeBRS 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 NJeBRS to charge the credit card on file used to rent the vessel up to 5 days after the rental period. The Lessee will pay the agreed rental rate, damages, or late charges.

2. A Lessee who has a membership with NJeBRS 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. NJeBRS is entitled to fully or partly keep the deposit in case of damage or when the Lessee does not return the vessel to NJeBRS at the agreed-on time or in case of extension. Extra and/or surplus sailing time will be settled with the deposit in proportion where 15-minute time blocks will be used.

4. Should the Lessee not pay any rent due, the Lessee is assumed to be in default. NJeBRS may then terminate the rental agreement permission and revoke the vessel immediately. NJeBRS is entitled to charge the legal interest on the amount due. Any costs NJeBRS 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 damage caused by them or any member of their party to a third party within the rental period.

2. Lessee is fully liable for all (subsequent) damage they cause should they use the vessel outside the agreed upon sailing area.

3. Unless reduced liability insurance is purchased at the time of booking, the Lessee is fully (100%) responsible for any damage to the vessel. NJeBRS is entitled to have the vessel brought back to the same state and conditions at Lessee’s expense. Failure to accept or pay damages by the Lessee within 30 days allows NJeBRS to reserve the right to transfer the Lessee to collections by the local authority. Insurance liability does not apply to club members, club members are always 100% responsible.

4. NJeBRS 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 NJeBRS and Lessee, unless it is firmly established that this injury or damage was caused by NJeBRS or its subordinates through intent or gross negligence. NJeBRS’ liability is always limited to at most the amount of the rental agreement.

5. NJeBRS is not liable for the loss and/or damage to any items brought onto the vessel by Lessee.

Article 8. Cancellations

1. Lessee may request a full refund minus a $20 processing fee for any cancellation request at least 2 days prior to their cruise.

2. Lessee may reschedule or request a digital raincheck voucher for any cancellation request received between 24 hours to 5 days prior to their cruise.

3. Same-day cancellations will result in a no-call/ no-show. As a result, the Lessee shall forfeit their chance to receive a voucher or 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 NJeBoats@gmail.com.

Article 9. Force Majeure

1. NJeBRS 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. NJeBRS can suspend its 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, NJeBRS 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 NJeBRS, but which prevent NJeBRS from meeting their obligations. That includes fire, strikes, earthquakes, and pandemics, at NJeBRS’ business. NJeBRS is entitled to invoke force majeure if the circumstances rendering (further) fulfillment of the obligations impossible commence after the point in time on which NJeBRS should have fulfilled their obligations.

Article 10. Complaints and Disputes

1. Any complaints should be reported to NJeBRS in writing within a reasonable time.

2. All legal relationships between NJeBRS and the Lessee to which these terms and conditions apply shall be governed by the laws of New Jersey and the United States of America. In the absence of mandatory rules of law to the contrary, the court in New Jersey has exclusive competent jurisdiction.

Article 11. Photography/Video Consent

1. The Lessee hereby grants NJeBRS the right to take photographs or videos of the Lessee and those that the Lessee is responsible for. Photos may be used for promotion, website advertisement, social media, etc.