Conditions Rental & Events The Old Man

1. DEFINITIONS

1. ''The Old Man'': Eberhardt Asian Art BV, trading under the name ''The Old Man'', its employees, instructors and/or management. The Old Man can also be regarded as a landlord and entrepreneur.
2. "Tenant(s)": one person or more persons associated with this person who use the materials provided by The Old Man together with this person or on behalf of this person.
3. ''Participant(s)'': one person or more persons participating in an event organized by The Old Man.
4. ''Current value'': the new price of the item on the date of damage/loss date, less depreciation based on age and the condition of the material.

2. GENERAL

1. These rental and event conditions apply and are binding on all agreements for the rental of material and work to be performed in this context, as well as participation in events organized by The Old Man.
2. Renting equipment is open to anyone who has reached the age of 18. It is also possible for 16 and 17 year olds to rent equipment, but then explicit permission from the parents/guardians is required.
3. Participation in organized events of The Old Man is open to anyone over the age of 18. Participation can also be open to 16 and 17 year olds. If this is the case, this will be explicitly stated in the information about the event. Participation of 16 and 17 year olds requires explicit permission from parents/guardians.
4. Renting equipment and participating in events organized by The Old Man for persons under the age of 16 is only possible under the supervision of a parent/guardian.
5. If The Old Man deems it necessary, the above age limits and conditions can be deviated from.
6. Agreements deviating from these rental and event conditions are only binding for The Old Man if they have been expressly accepted and confirmed in writing by The Old Man.
7. Rental conditions of the Hirer do not apply, unless this is expressly accepted and confirmed in writing by The Old Man.
8. Dutch law applies to these rental and event conditions.

3. EQUIPMENT HIRE

1. At the start of the rental period, The Old Man will transfer the material to the Hirer.
2. The rental period commences on the date and time as agreed.
3. All rents must be paid in advance, including a deposit.
4. Wearing protection may be required by The Old Man.
5. The Hirer(s) and/or Participant(s) must be in good health. It is not allowed to participate if he/she suffers from neck or back problems, is pregnant, has or has had heart problems, is under the influence of medication, drugs and/or alcohol. It is the responsibility of the Renter(s) and/or Participant(s) to determine whether or not they can participate. In case of doubt, The Old Man always has the option to refuse the Renter(s) and/or Participant(s).
6. Renter(s) and/or Participant(s) declare by signing at their own expense and risk to rent materials and accessories.

4. OBLIGATION OF THE TENANT

1. The lessee declares to return the rented materials and accessories in good condition at the end of the agreement.
2. If the agreed rental period is exceeded without the knowledge and permission of The Old Man, a report of embezzlement will be made to the police within 24 hours.
3. The rent must also be paid during the time of the exceeding.
4. In the event of non-payment, the Renter will owe extrajudicial collection costs in addition to the rental price, as well as the statutory interest from the start of the rental agreement on the expired rental periods.
5. In the event of damage to the rented material, the Hirer(s) must pay compensation to cover the costs of repair.
6. If materials and accessories are missing, replacement costs are due. The replacement value in the event of loss is equal to the current value stated in this agreement.

5. LIABILITY FOR DAMAGES

1. In the event of loss or theft of the material, the Hirer is in all cases fully liable for the damage suffered by The Old Man.
2. The Old Man cannot be held liable for personal injury or damage of any kind, regardless of the cause, prior to, during or as a result of renting equipment or participating in an event of The Old Man. Damage also includes consequential damage.
   An exception to this is the legal obligation to pay compensation due to demonstrable intent or gross negligence on the part of The Old Man.
3. Tenant(s) and/or Participant(s) is aware of the fact that participation in events organized by The Old Man -including, but not limited to- a tour, trip, competition, (opening) parties and/or lesson for own risk. The same applies to the rental of materials made available.
4. It is the responsibility of the Hirer(s) and/or Participant(s) to receive this explanation/instruction, to pay attention during the explanation and to attend the explanation. The Tenant(s) and/or Participant(s) is aware that the explanation/instructions do not guarantee that possible calamities and damage, material and/or immaterial, including personal injury, can be prevented and indemnifies The Old Man in that case also for. The employees are only for support and do not offer any guarantee that calamities and/or accidents can be prevented.
5. Parents/carers and other supervisors are at all times responsible for and accountable for the behavior of the minors, individuals or group(s) they are accompanying.
6. The liability of The Old Man is limited to the amount that the liability insurance of The Old Man pays out in the relevant case.
7. The Hirer(s) and/or Participant(s) indemnifies The Old Man against all claims that others could enforce against The Old Man in connection with his acts or omissions.
8. The Old Man is under no obligation to intervene in disputes to which it is not a party.
9. The Hirer(s) and/or Participant(s) must ensure proper Private Liability Insurance (AVP).
10. The Tenant(s) is obliged to take out insurance against the replacement value indicated on the contract, whereby the rental price may not be co-insured/offset under any circumstances, as it relates to a service and not to the value of the rented property.
11. If the insurance pays out an amount that is lower than the replacement value (the current value stated in this agreement), the Renter(s) is obliged to pay the difference to The Old Man within 8 days after the difference has been stated. The tenant(s) will always instruct his/her insurer to pay the amounts to The Old Man by transfer to account number IBAN NL77ABNA054120200.

6. TRAFFIC AND SAILING RULES

1. Renter(s) and/or Participant(s) declares to comply with the general traffic rules (of the sidewalk and cycle path).
2. Renter(s) and/or Participant(s) declares to be aware of the general traffic rules on the water, if the activity takes place on the water.
3. Renter(s) and/or Participant(s) must ensure as little nuisance as possible for others on the water and for local residents.
4. The most important sailing rules are:

• Always sail starboard (right) at such a speed that no disturbing wave action is created.
• Stick to the speed limits at all times.
• Commercial shipping (including tour boats) always has priority.
• Make sure that it is clear to others in which direction you are sailing. Approach bridges so that you are visible to any oncoming traffic.

7. OTHER PROVISIONS

By accepting these terms and conditions, the Hirer(s) and/or Participant(s) declares to have provided and/or completed his/her details truthfully, to have read and understood these terms and conditions and to agree with the above provisions.