As far as nautical practice is concerned, Van Emstede & Slager Advocaten, as nautical lawyers, have years of proven experience in drawing up contracts that are often concluded in the water recreation sector.
Below are a number of contracts that entrepreneurs in the water recreation sector regularly conclude and with which Van Emstede & Slager Advocaten (since 1987) has built up the necessary experience and expertise.
With a commission contract parties agree that one party will carry out a commission for the other party. It must concern a work of a mental or intellectual nature such as, for example, the design of a vessel by a naval architect, the valuation of a yacht by a nautical expert or mediation by a yacht broker. An assignment is always a task, so the contractor must ‘do something’ for the client. A lawyer who provides legal assistance is also the contractor for his client, the client.
In the contract for work, too, the contractor must perform a task for the principal, but in this case there is a ‘tangible’ result. The law states that the contractor undertakes to carry out a material work for the principal, outside the scope of his service. Think of the construction, repair or refit of a vessel.
In the water recreation sector, this mainly concerns the rental of a vessel and the rental of a berth (including summer and winter storage). The standard mooring and boat hire contracts and the general terms and conditions applicable to them, which were drawn up by Mr Van Emstede on behalf of the HISWA Association, have been used by the majority of HISWA members to this day. Van Emstede & Slager Advocaten will be pleased to give you the correct (nautical) answer to your questions about the standard agreements and the general terms and conditions applicable to them.
In the water recreation sector, there are many different sales agreements, but the vast majority concern the sale of vessels and nautical equipment. The clearer the agreement is drawn up, the better. A clear contract often prevents unnecessary disputes.
Please contact Van Emstede & Slager Advocaten for any questions concerning the drafting of a contract and specific contractual provisions.
But since even a well-drafted contract does not offer 100% security for the absence of disagreements between the contracting parties, it is important to put a dispute in writing without delay and to create a file with all the relevant facts. After all, a dispute in the water recreation sector can quickly involve an amount of tens or hundreds of thousands of euros.
A good and complete file will also save the necessary costs of legal assistance.