Obviously, most people associate “rental” with commercial activity. However, you have to be careful, because in my opinion, I can rent out my lawnmower without it being considered a commercial activity. As I understand it, it all depends on the intention I have when I rent out my lawnmower.
To better understand the difference, here are some explanations provided by ChatGPT.
The distinction between a commercial activity and a non-commercial activity is based on several criteria, including the nature of the activity, its purpose, and sometimes the legal status of the person carrying it out. Here are the main differences:
A commercial activity is one carried out with the aim of making a profit through the sale of goods or services.
Features :
- Carried out in a habitual and professional manner.
- Profit-making: the aim is to generate a profit.
- Carried out by a registered trader.
Therefore, the commercial activity is intended to generate a profit and/or is carried out by a merchant and/or is carried out in a professional manner.
However, if you rent out your private dock to cover costs such as buying docks, paying taxes, insurance, dock launching fees, dock maintenance and/or replacement, your chances of making a profit are slim. What’s more, in the current economic climate, people are looking for ways to pay the bills.
In this case, your intention is not lucrative. Especially as you don’t carry out this activity professionally or in an organized way with a website and business cards. Instead, you publish a free classified ad, or rely on word-of-mouth. What’s more, you’re not a registered trader.
By simple observation, renting out your private dock doesn’t appear to be a commercial activity. Admittedly, the line is thin and open to interpretation. It’s up to you to judge, and to consult a lawyer who specializes in municipal law.
