General conditions

1 Applicability

1.1 These general conditions apply to the subscriptions offered by Vaarzeker BV within the framework of help and assistance to vessels and/or its crew.

2 Definitions

2.1 Subscriber: The person who has paid the membership fee and whose name and address are known to Vaarzeker.
2.2 Towing: The towing of a vessel from a safe harbor to another safe harbor, when the vessel is unable to do so itself due to breakdowns that cannot be repaired on site. The maximum distance is 10 km.
2.3 Towing assistance: The towing of a vessel that encounters breakdown and cannot reach shore on its own. Once a vessel is on the shore there is no more towing assistance.
2.4 Inoperative propeller: a propeller which has lost its functional function due to circumstances external to the vessel. For example by a line in the propeller, debris in or around the propeller or water plants in or around the propeller. In the case of a line in the propeller it may be a line from one's own vessel.
2.5 Breakdown: An unforeseen circumstance that makes the vessel unable to continue sailing independently due to technical problems with the propulsion or rudder system.
2.6 Light ground disturbance: The grounding of a vessel on a shallow bottom, after which the vessel is not inclined more than 15 degrees and can be pulled free by one vessel within 15 minutes. In addition, the vessel is not more than 10cm higher in the water than in normal free navigation. When a vessel lies on a bottom with rocks, there is increased hazard setting and no more light ground disturbance.
2.7 Breakdown Assistance: Technical assistance to the vessel by Vaarzeker personnel to remedy a breakdown situation, through a temporary or permanent repair that can be performed within one hour, allowing the vessel to resume her journey at that time.
2.8 Home port: the port where the vessel is usually moored and therefore belongs.
2.9 Starting Aid: Starting a vessel when it fails to start due to low battery voltage.
2.10 Vessel without propulsion: A vessel with such a technical defect in the propulsion or rudder system that she cannot reach a safe place under her own power.
2.11 Favorable conditions: On large open water (coverage area 2), conditions are favorable if the wind does not exceed 10.8 meters per second over a 10-minute period at a representative KNMI monitoring station. In addition, visibility around the place of assistance and during the outward and return journey of the assisting vessel, must be at least 1000 meters. Furthermore, and no thunderstorm must be audibly or visibly present during the assistance or assistance and during the outward and return journey of the assisting vessel(s).
2.12 Fuel delivery: delivery of an emergency amount of fuel so that a vessel can reach the nearest port.
2.13 Parts supply: providing parts so that a vessel can be repaired on the water.
2.14 Length of Vessel: The length of the vessel over all, i.e. including projections at bow and stern such as dinghies, bowsprits, and so on.
2.15 Times of Assistance: During the water sports season, between April 1 and October 1, subscribers are entitled to help and assistance 7 days a week between 0800 and 2000. Outside the water sports season, subscribers are entitled to help and assistance Monday through Friday between 0800 and 1800.
2.16 Stalled: A vessel which has become stuck on/at the bottom, due to too great a draught for the situation at the site.
2.17 Breakdown: A technical defect to the rudder or propulsion system which prevents the vessel from proceeding under her own power. When personnel or subcontractors of Vaarzeker have given advice to replace/repair a component, this has not been done and as a result of the same cause failure occurs again, this will be treated as one and the same failure. In that case there is no entitlement to roadside assistance.
2.18 Smooth towing: The towing loose of a vessel that has run aground due to too great a draft for the water depth at the site.

3 Subscription

3.1 The subscription runs for a period of 365 days. That is, a subscription that starts on February 1 of one year, runs through January 31 of the next year. After the first year the subscription can be cancelled per month.
3.2 The subscription runs indefinitely.
3.3 The subscription is personal and vessel related. If the vessel is sold, the subscription does not continue on the vessel. However, when a subscriber buys another vessel he can take his subscription with him to his new vessel. If this vessel is longer than the old one, additional payment will be required for the current period. If the vessel is shorter no refund will be given for this.
3.4 When obtaining assistance, the subscriber will be asked for identification to prove that he/she is actually the subscriber.
3.5 The person in whose name the subscription is taken out must himself be on board when assistance is requested.
3.5.1 Notwithstanding Article 3.5, instead of the subscriber himself, an immediate family member of the subscriber may also be on board.
3.6 When concluding a new subscription, a one-time €4.50 administration fee is charged. When renewing the subscription, this is no longer charged.

4 Termination

4.1 There is a 31-day notice period.
4.2 Canceling a subscription is done through the secure area of the website or in writing to Vaarzeker, Nijverheidstraat 26, 1135GE Edam or by email to
4.3 For a newly concluded subscription, there is a cooling off period of 14 days after the start of the subscription. If the subscription is cancelled within 14 days, the subscription fee already paid will be refunded.
4.4 When a subscriber has already used the services of Vaarzeker, the reflection period expires and the subscription is final.

5 Payment

5.1 The subscription becomes active on the day of payment. With direct Internet transfer, it is immediate.
5.2 When a subscriber chooses bank transfer, the subscription becomes active on the day payment is received by us.
5.3 If a subscriber has opted for direct debit when renewing, a new period will be charged before the subscription expires.
5.4 If payment is not successful, the subscription will be suspended until payment is successfully received. During that period, the subscriber is not entitled to any services from Vaarzeker.
5.5 When a subscriber makes a manual transfer of the subscription fee for the next period, it must be received before the expiration of the current subscription period. If not then the subscription will be suspended until payment is received.
5.6 If no payment is received after reminder and formal notice, the subscription will be terminated. In this case, the subscriber remains responsible for payment. Judicial and extrajudicial costs involved will be borne by the subscriber.
5.7 When a subscriber in arrears makes a payment, it is considered payment of the oldest unpaid period. Therefore, if the payment is less than the outstanding amount, the subscription will remain suspended until the entire arrears are cleared.

6 Cooling off period

6.1 After a new subscription as referred to in article 3.1 becomes active, a cooling off period of 7 days applies. During these 7 days, the new subscriber is not entitled to any services from Vaarzeker.
6.2 The cooling off period does not apply when renewing a subscription.

7 Correct data

7.1 Vaarzeker must have the correct data of the subscriber. That is all the requested data, such as name and address and details about the vessel.
7.2 Vaarzeker's services may be suspended if Vaarzeker does not have the correct data.
7.3 If it appears that a subscriber has specified a different length of vessel than is actually the case, the underpaid subscription fee will be charged retroactive to the beginning of the subscription. Until full payment of this settlement, the subscriber is excluded from receiving services from Vaarzeker.

8 Cancellation

8.1 Vaarzeker has the right to terminate a subscription without prior notice and without refunding any monies in the case of:
8.2 Fraud or abuse or attempted fraud;
8.3 Unfair treatment of personnel or subcontractors of Vaarzeker;
8.4 There is an unreasonable use of the services of Vaarzeker or when the subscription is used or attempted to be used in an improper manner;
8.5 The vessel being in such condition that breakdown or other problems are foreseeable and are no longer a contingency;
8.6 Failure to follow the advice of Vaarzeker personnel or other involved parties in connection with repairs or maintenance to be performed to prevent a subsequent failure or;
8.7 In case of drinking or drug use by the skipper or helmsman of the vessel.
8.8 In case of abuse as referred to in Articles 8.4, 8.5 and 8.6, instead of terminating the subscription, Vaarzeker may, at its discretion, alternatively choose not to respond to a request for services.

9 Exclusions

9.1 Vaarzeker subscriptions are designed for individuals who sail their pleasure craft.
9.2 Vaarzeker subscriptions are offered for all types of pleasure craft that have mechanical propulsion.
9.3 The maximum length of the vessel is 19.99 meters.

10 Breakdown assistance

10.1 When a subscriber has the roadside assistance subscription or assistance package and payment obligations have been met, a subscriber is entitled to roadside assistance.
10.2 Breakdown assistance is provided during times of assistance.
10.3 Breakdown assistance is provided at a location where the vessel is accessible from shore and safely accessible.
10.4 If a subscriber also has the subscription for assistance on the water and has also fulfilled that payment obligation, breakdown assistance can also be provided on open water. However, this form of assistance is subject to the judgment of the Vaarzeker staff as to whether it can be safely and effectively performed on open water.
10.5 The purpose of breakdown assistance is to enable the vessel, by means of temporary repair to the propulsion or rudder system, to continue her journey under her own power to a location where a permanent repair can be carried out.
10.6 Within the roadside assistance subscription, the subscriber is entitled to 1 hour of roadside assistance per breakdown. If the breakdown cannot be repaired within 1 hour by the means provided by the mechanic, entitlement to assistance within the subscription lapses. The subscriber may request the mechanic to provide longer roadside assistance. The mechanic may have other obligations and be unable to provide this assistance. In such a case, Vaarzeker is not obliged to still provide this assistance.
10.6.1 If it can be estimated over the phone in advance that the problem cannot be fixed within an hour, for example in case of major engine damage, the subscriber is not entitled to still get a technician on site.
10.7 After receiving the request for breakdown assistance, Vaarzeker endeavors to be on site within one part of the day to provide this assistance. In the event of heavy traffic, this may extend to a maximum of 24 hours.
10.8 Costs incurred beyond the first hour of roadside assistance are not covered by the subscription and must be settled by the subscriber with the mechanic.
10.9 The cost of parts and consumables (liquids and the like), are not included in the subscription and should also be settled with the mechanic on site. If this is omitted, Vaarzeker will charge these costs to the subscriber on subsequent calculation.

11 Breakdown assistance exclusions.

11.1 Notwithstanding the provisions of Article 10, a subscriber's right to free roadside assistance lapses in the following cases:
11.1.1 When a subscriber, another boater, or any other person belonging to the entourage of subscriber treats, threatens, insults, uses any form of violence, or engages in any other conduct that eliminates a healthy relationship between customer and Vaarzeker personnel;
11.1.2 When a subscriber has given an incorrect location that delays the technician by more than 15 minutes;
11.1.3 When only breakdown assistance can be provided by breaking laws;
11.1.4 The vessel or engine is in such a condition that breakdown was to be expected, in the opinion of Vaarzeker;
11.1.5 The condition of the vessel is unreasonably poor;
11.1.6 The vessel is being used in a manner contrary to legal provisions;
11.1.7 The vessel does not physically conform to legal requirements;
11.1.8 The vessel is used for hire, without prior indication from Vaarzeker that breakdown assistance is still covered;
11.1.9 The vessel is used for commercial or professional use;
11.1.10 The vessel is used for permanent residence;
11.1.11 The vessel is propelled by a two-stroke engine;
11.1.12 The vessel is propelled by a gasoline engine aged 20 years or older;
11.1.13 The failure is due to collision damage, ground disturbance, incoming water or consequential damage;
11.1.14 The failure is due to a cause other than a technical failure of the propulsion or rudder installation; for example, an empty tank or empty battery which was not caused by a technical failure.
11.1.15 The failure is due to peripheral equipment or accessories that are not part of the propulsion or rudder system, such as inverters or refrigerators;
11.1.16 The outage is a recurring outage where Vaarzeker's advice has not been followed or where the subscriber has requested to stop service;
11.1.17 The failure previously could not be fixed within an hour and still involves the same problem or;
11.1.18 The failure was already present when joining.

12 Towing assistance

12.1 When a subscriber has an assistance subscription and payment obligations have been met, a subscriber is entitled to towing assistance.
12.2 Towing assistance is provided in the event of a breakdown. The same exclusions apply to this as to roadside assistance, as named in Article 11.
12.3 Towing assistance is provided during times of assistance.
12.4 Towing assistance is provided only when conditions are favorable.
12.5 Towing assistance is provided only in the coverage area selected by the subscriber.
12.6 Towing assistance is the towing away of the subscriber's vessel that is unable to continue sailing due to a malfunction that manifests itself while sailing on the water, to a place where it can be safely moored or repaired.
12.7 Towing assistance will be provided to the nearest next port, at the discretion of Vaarzeker.
12.8 If Articles 12.3, 12.4, 12.5 or 12.6 are not met, Vaarzeker may still provide towing assistance. In that case, however, this will be treated as emergency assistance, so other conditions apply. See Article 25 in this regard.

13 Starting Aid

13.1 Starting aid is the on-site starting of an engine that no longer starts due to a lack of voltage in the starter battery.
13.2 Starting assistance is provided only when the starting problems are caused by a technical defect. Examples of technical defects are: a broken battery or a non-functioning alternator.
13.3 Starting assistance is not provided when the starting problems are caused by misuse. Examples of misuse include: many power users on the starter battery (coolers, audio systems, etc) and not being connected to the battery charger during long periods of inactivity.

14 Towing off

14.1 Subscribers with the Complete Assistance package can be towed from a safe port to another safe port in the event of technical problems that cannot be repaired on site (at the discretion of Vaarzeker).
14.2 Towing is offered up to a maximum tow distance of 10 kilometers. That is, a vessel requesting towing assistance will be towed over a maximum water distance of 10 kilometers.
14.3 A vessel is towed only once per failure.

15 Smooth pulling

15.1 When a subscriber has the subscription Assistance Complete and the payment obligations have been met, a subscriber is entitled to refloat.
15.2 Smooth pulling is provided during times of assistance.
15.3 When a subscriber has run aground with his or her vessel, assistance in refloating can be requested.
15.4 Smooth pulling within the subscription is only done when there is light ground disturbance. If there is no light ground disturbance, Vaarzeker reserves the right to claim compensation for this through regular arrangements.
15.5 If the conditions of this article are not met, Vaarzeker can still provide assistance with refloating, however, this will be seen as emergency assistance, which is not covered by the subscription and to which the conditions of article 25 apply.

16 Fuel supply

16.1 When a subscriber has the Assistance Complete subscription and payment obligations have been met, a subscriber is entitled to fuel delivery.
16.2 Fuel delivery is made only in Coverage Area 2 (see Article 21.2).
16.3 Fuel delivery is the delivery of a small amount of fuel to then reach the nearest port independently.
16.4 Fuel delivery is never more than 20 liters.
16.5 The subscriber must pay for the fuel in advance. The price used is the GLA.
16.6 Only diesel and gasoline (euro 95) are supplied.

17 Removing stuff from screw

17.1 When a subscriber has the subscription Assistance Complete and payment obligations have been met, a subscriber is entitled to have items removed from the screw.
17.2 When the propulsion of a vessel stops working, due to a line in the propeller, for example, the subscriber can receive assistance from a diver to remove it in the water.
17.3 The assistance to remove the stuff from the screw takes a maximum of 30 minutes. If it is not successful within that time, it is considered a bigger problem and is no longer covered by the subscription.

18 Supply of spare parts

18.1 When a subscriber has the Auxiliary Complete subscription and payment obligations have been met, a subscriber is entitled to parts delivery.
18.2 Parts are provided only when:
18.2.1 The vessel cannot proceed without these parts;
18.2.2 The vessel is not accessible from shore;
18.2.3 Parts in stock at Vaarzeker are
18.3 Fuel delivery is made only in Coverage Area 2 (see Article 21.2).

19 Enlisting help

19.1 Enlisting help is done by phone; by calling: 085-3038253.

20 Fair use

20.1 Each subscriber is entitled to 5 times per year of roadside assistance in case of stand-alone breakdowns. If more than these 5 times are needed, the cost will be charged to the subscriber.
20.2 Each subscriber is entitled to 3 times per year of other assistance (other than roadside assistance) for stand-alone breakdowns or incidents. A 4th or subsequent assistance is no longer free and will be settled through regular means.
20.3 Vaarzeker reserves the right to refuse assistance after these numbers.

21 Areas where assistance is or is not provided

21.1 Working Area 1: All small Dutch inland waters, but not the following waters: IJsselmeer, Markermeer, IJmeer, Buiten-IJ (up to Oranjesluis), Wadden Sea, all Zeeland waters including Scheldt-Rhine Canal and Volkerak, Haringvliet, Hollands Diep.
21.2 Working Area 2: All major Dutch inland waters. Included in this are: IJsselmeer, Markermeer, IJmeer, Buiten-IJ (up to Oranjesluis), Waddenzee, all Zeeland waters including Scheldt-Rhine Canal and Volkerak, Haringvliet, Hollands Diep, Waal, Maas, Maas-Waal Canal, Nederrijn, Pannerdenschkanaal, IJssel, Lek, Lekkanaal, Nieuwe Maas, Oude Maas, Nieuwe Waterweg, Calandkanaal, Amsterdam-Rhine Canal, Eems and Dollard.
21.3 The North Sea is always excluded from assistance.
21.4 No assistance other than roadside assistance is provided in ports with an open connection to the North Sea.
21.5 No assistance is provided in the ports of the Wadden Islands, including breakdown assistance.
21.6 And no assistance is provided in areas where it is forbidden to sail, or where it is forbidden to enter with assisting vessels (prohibited for motor vessels).
21.7 Assistance is provided only on Dutch waters.

22 Force majeure, government regulations

22.1 In cases of force majeure, services may not be provided for a certain period of time. This will not affect subscription fees and no refunds will be given.
22.2 In appropriate cases where restrictions are imposed by the government, such as in the context of an epidemic or pandemic, on persons, businesses, vessels or traffic, services may be temporarily unavailable or limited. This will not affect the subscription fee and no refund will be offered.

23 Liability

23.1 Vaarzeker is not liable for damage to an assisted vessel unless gross negligence can be demonstrated.
23.2 (The owner of) the assisting vessel is responsible for damage to the assisting vessels, all in accordance with the legal framework of the London Salvage Convention 1989, unless gross negligence can be shown.
23.3 In cases not provided for in these conditions, the Towing Conditions 1965 shall also apply, which have been filed at the Registry of the Rotterdam District Court.
23.4 Vaarzeker can never be held responsible for damage that occurs between the calling in of assistance and the arrival of assistance. If damage occurs during this period, the vessel and/or her crew were obviously in immediate danger and assistance other than that of Vaarzeker should be called in.

24 Emergency Assistance

24.1 Vaarzeker's equipment and personnel are also used to provide emergency and urgent assistance. Emergency and urgent assistance takes precedence over regular assistance to subscribers. In appropriate cases, this may cause a delay in service. Assistance to a subscriber can also be (temporarily) interrupted to provide emergency or urgent assistance, as long as this can be done safely and responsibly.
24.2 Emergency response means:
24.2.1 Assistance to persons in danger of health or death;
24.2.2 Assistance to ships at risk of damage;
24.2.3 Assistance to people or vessels at risk of or already in an otherwise highly disadvantageous situation;
24.2.4 Other assistance to people or ships which is required by law;
24.2.5 Request assistance from one of the other vessels or staff members of Vaarzeker or;
24.2.6 Assistance in the direct response to environmental pollution or other calamities in which the authorities may or may not directly or indirectly call upon Vaarzeker's equipment or personnel.

25 Emergency assistance

25.1 Emergency assistance is assistance to subscribers of an urgent nature. Emergency assistance may be provided by agreement to subscribers who require assistance in adverse conditions, experience multiple interference, or experience severe ground disturbance, or other circumstances that make assistance beyond the scope of the subscription.
25.2 Vaarzeker does not undertake to provide emergency assistance, but will make every effort to provide it when circumstances permit.
25.3 Emergency assistance is by definition outside the subscription. The cost of this (such as assistance fees or hourly rates) will be recovered from the vessel owner.

26 VAT and other taxes

26.1 All amounts listed include VAT and insurance tax (as applicable).

27 Applicable law, choice of forum

27.1 All agreements and services of Vaarzeker shall be governed exclusively by Dutch law.
27.2 Disputes will be settled in first instance exclusively by the District Court of Amsterdam.

28 Changes and deviations

28.1 Terms and conditions and prices for subscriptions are subject to change. Changes will be published on the website.
28.2 The articles in these terms and conditions may be deviated from in specific cases when prior written and explicit notice is given by Vaarzeker to subscriber.