GENERAL TERMS AND CONDITIONS OF SALE AS OF1 April 2022
ARTICLE 1-DEFINITION
It is understood that THE HIRER is the owner of the hired vessel or the owner's representative and that the client is called THE HIRER.
ARTICLE 2 - BOOKING AND PAYMENT CONDITIONS
The reservation will be considered definitive upon receipt of the signed contract and the payment of the 50% deposit, the balance to be paid 30 days before the event by bank transfer.
2.1 Means of payment
By bank transfer to the account of the RENTER. RIB sent on request to veronique@seachangeexp.fr
ARTICLE 3 - TERMINATION BY THE CHARTERER
A - The period for which the present contract has been concluded may only be changed with the agreement of the lessor and within the limits of his possibilities.
B - The 50% deposit will be retained by the lessor if the charterer requests the cancellation of the contract, for whatever reason, within 30 days before the date of the service and will retain 100% of the amount of the reservation if the request is made within 10 days before the date of the service
C - The amount of the hire will remain with the lessor, whether or not the charterer has used the vessel during the hire period, whatever the reason.
D - If the vessel is not delivered in a seaworthy condition, either due to the lack of an essential safety element or because it does not comply with the regulations, if the safety of the passengers is at stake or if the lessor is not able to offer a vessel of equal or superior characteristics, the charterer may break the present contract and obtain the return of the sums paid and of the expenses incurred without being able to claim compensation in damages.
ARTICLE 4 - TERMINATION BY THE LESSOR
In the event that, as a result of damage that occurred during the previous charter, or of any other impediment beyond his control, the lessor is unable to provide the use of the vessel on the agreed date, he shall be fully entitled either to make available to the charterer a vessel of equivalent or greater size carrying the same number of passengers, or to return the sums paid, without the charterer being able to claim any damages.
ARTICLE 5 - BOAT INSURANCE AND EXCESS
A - The lessor declares that the boat offered has a rental option in addition to the standard insurance.
B - The payment of the insurance premium is included in the rental price.
C - The insurance policy does not cover the persons carried on the boat for any accidents they may suffer.
D - The lessor shall not be liable for any loss or damage to the personal property of the charterer or which may affect the charterer and his guests. Individual insurance for the persons carried may be taken out by the charterer for his own benefit and at his own expense, to cover the risks referred to in paragraphs C and D.
E - The charterer declares that he is informed that under no circumstances does the boat's insurance cover nautical activities such as towed buoys. In no case, therefore, can he/she turn against the boat hire company in the event of an accident and material or physical damage linked to a nautical activity such as towed buoys, wakeboarding, water skiing, etc.
ARTICLE 6 - TAKING CHARGE OF THE BOAT (BAREBOAT CHARTER)
A - In any case, the hirer shall take charge of the vessel when the balance of the price has been paid and the deposit paid. The lessor must provide the charterer with a seaworthy boat, equipped and insured in accordance with the laws and regulations issued by the competent authorities for the intended category of navigation.
B - Fuel is not included in the charter price and must be paid by the charterer at the end of the day except for ALL INCLUSIVE charters. Any departure or arrival made at a different place than the base port of the boat will be charged to the charterer.
ARTICLE 7 - USE OF THE BOAT - LIABILITY - DAMAGE (BAREBOAT CHARTER)
A - The charterer undertakes to use the vessel "with due care and attention" and in accordance with the regulations of the Maritime Affairs, Customs, and Police of France and of the countries visited. Hirers under the age of 18 must produce a written authorisation from their parents or guardians.
B- The charterer affirms that he has the knowledge and experience necessary for the navigation he intends to carry out, as well as the permits required by the Maritime Affairs for the operation of the boats.
C - The lessor or his representative reserves the right to refuse to make the boat available if the skipper or the crew do not appear to him to be sufficiently competent, notwithstanding the references, certificates or permits presented, or for any other reason of which he is the sole judge.
In this eventuality, the charterer will either have to accept the costs of a professional skipper or have his contract terminated and the sums paid refunded, without either party being able to claim damages.
D - In any case, in the event that a professional skipper is hired for the proper operation of the vessel, the full and complete responsibility for the vessel and its crew will remain with the charterer when he or a member of his crew is at the helm.
E - The charterer undertakes to embark only the number of persons authorised, to use the boat only for pleasure sailing with the exception of any commercial, professional fishing, transport, regatta or other operation.
The charterer expressly discharges the lessor from any liability as shipowner or otherwise due to a breach of these prohibitions and shall be solely liable to the Maritime and Customs Services for any lawsuits, prosecutions, fines and confiscations incurred by him in this respect, even in the event of involuntary fault on his part. In the event of seizure of the rented vessel, the charterer shall be required to pay the lessor a contractual indemnity corresponding to the rental rate in force.
In case of confiscation, the charterer will be obliged to reimburse the value of the vessel within 8 days.
F - The Charterer undertakes to bear all losses or damages, unless they are the result of abnormal wear and tear or of a hidden defect, or of a piloting error of the Hirer's skipper. The reimbursement of the deposit will be deferred until the insurance company has paid the repair or replacement invoices less the non-refundable excess.
G - In the event of loss or damage during the hire period resulting from normal wear and tear of the equipment, the hirer is authorised to take the initiative to repair or replace the equipment on the spot under his own responsibility, provided that the amount does not exceed 10% of the amount of the deposit paid on departure. This disbursement will be reimbursed upon return, upon presentation of the invoice, if the damage or loss is not due to a fault or negligence on the part of the charterer or the persons on board. The hirer must consult the lessor for any repairs exceeding this amount.
H - In case of serious damage (dismasting, water ingress, fire, etc.), the charterer is obliged to urgently notify the lessor or his representative and the insurance broker by asking for instructions. Pending these instructions, the charterer shall be obliged to have a damage report drawn up by a damage surveyor, in order to obtain reimbursement from the insurance company of the sums for which he is liable. If the charterer fails to do so, he may be obliged to pay the totality of the expenses caused by the damage.
I - The loss of use resulting from damage occurring during the present charter shall not be subject to any reimbursement, even partial, of the amount of the said charter, whatever the cause of the damage, unless it is not attributable to the charterer.
K - Subletting and lending are strictly prohibited.
L - Animals (dogs, cats etc.) are not allowed on board the boats.
ARTICLE 8 - RETURN OF THE BOAT (BAREBOAT CHARTER)
A- The charterer is obliged to return to the designated port within the time limit agreed upon in the present contract, unless a subsequent amicable agreement is confirmed in writing. As soon as he returns, the charterer must inform the lessor or his representative of his presence and make an appointment for the purposes of inventory and inspection of the vessel, the latter having first been emptied of all its luggage and occupants.
The charterer has free mooring in the port of disembarkation and for the day of return. The cleaning and inventory time is an integral part of the contractual rental period.
B - Each day of delay will entitle the lessor to compensation equivalent to double the daily price of the present rental, whatever the cause of the delay. Bad weather cannot be invoked as a valid reason, the skipper having to take all the necessary measures in good time to avoid this eventuality.
C - If for any reason whatsoever the charterer is unable to bring the vessel back to its designated port of return, he shall at his own expense and risk ensure its safekeeping and have it brought back by a qualified courier after having notified the lessor or his representative. The rental will only end after the return of the boat to the lessor under the conditions stipulated above.
D - The charterer is obliged to return the vessel and its equipment in good working order and clean.
E - Any return of the boat after the scheduled time may result in the invoicing of additional costs according to the tariff in force by the lessor.
ARTICLE 9 - CONSUMABLES (DRY HIRE)
The charterer shall be responsible for: engine fuels, lubricants, candles, cooking fuels, electric batteries, any port tolls, any breakdown service and, in general, any consumable material necessary for the proper operation and maintenance of the vessel during the charter period.
ARTICLE 10 - DISPUTES
The signatory parties to the contract may submit their disputes concerning the application of the present contract to the tripartite conciliation commission which is an emanation of the management body of the charter. In the event that no solution is found, jurisdiction is expressly given to the Courts of Fréjus.