Terms of Sales
BETWEEN THE UNDERSIGNED :
Address: 46 avenue des Termes, 06530 Peymeinade
Siret: 821 160 009 00014
Represented by its President,
Hereinafter referred to as "the owner" or "the lessor" AND:
Miss or Mister:
CNI or Passport number:
Here in after referred to as "the tenant"
The tenant certifies having read the special conditions and the general conditions of the contract and fully adhere to them.
It is specified that any payment of deposit constitutes acceptance of the contract.
IT HAS BEEN AGREED AS FOLLOWS:
ARTICLE I: Competence of the skipper
I.1 The lessee undertakes to perform the function of captain or to have, throughout the duration of the rental, a captain with the relevant qualities and knowledge in order to take responsibility for the boat as well as of the crew.
I.2 The lessee declares that he has recruited a professional skipper who will be responsible for the skipper in the person of
Last name :
Date and place of birth :
The tenant declares to have signed a service contract with the professional skipper.
ARTICLE II: Boat
This contract relates to the boat designated below:
Type: MOTOR BOAT
Make: PARDO YACHT - PARDO 38
Registration: TL G17277
Power: 221 kw (x2)
Place of provision: Port of Mandelieu-la-Napoule
Maximum number of authorized passengers: 12 passengers + skipper
Maximum navigation area: 60 miles from shelter.
ARTICLE III: Duration
This contract governs the rental of the aforementioned boat belonging to the owner by the lessee for a period determined below:
From 6.30 p.m. to 11.00 p.m.
9:30 a.m. to 5:00 p.m.
The boat must be back at 5 p.m. at the port of Mandelieu-la-Napoule
If the boat has not already been rented in the evening and remains available, the tenant can work hours
additional. The additional hour will be invoiced 300 € TTC. Each 1/4 hour late will be charged € 75
Incl. If the tenant wishes to keep the boat for the evening, an additional hours package of 900 € TTC
will be applied for a return at 11pm . It is possible to book this package in advance in order to avoid an Evening reservation by a third person.
Overtime may be debited from the deposit.
ARTICLE IV: Price
IV-1 - Evening: € 1,800 including tax - Day: € 2,800 including tax
For any rental, a deposit of € 2,500 including tax must be paid to the trusted third party Swikly.com at the time of booking and, at the latest, at least 72 hours before taking charge of the boat.
In the absence of payment of the deposit at least 48 hours before the planned assumption of responsibility, the owner will be entitled to refuse the execution of the service. The sums paid for the reservation will then be retained by the owner as compensation.
The deposit paid by the tenant at the time of taking charge of the boat is intended to guarantee damage to the rented property or loss of object. The deposit may also be debited to pay the fuel costs if these have not been paid on site, as well as the additional hours in the event of a return after the above contractual time (5 p.m. for the service day, 11 p.m. for the Evening service). If the condition of the boat is satisfactory and no damage is noted, the deposit will not be debited (excluding fuel, overtime).
The tenant must pay the agreed price, ie 50% on booking and the balance of 50% no later than 15 days before departure. In the event of non-payment of the balance on the scheduled date, ie 15 days before departure, the service will then be canceled, the deposit retained by the owner as cancellation compensation.
If the reservation is made less than 15 days before departure, 100% is then required upon reservation.
IV-2 The prices agreed in the rental contract are firm and final. These do not include, in particular, the costs of: motor fuel, any port tolls, any repairs and, in general, any consumable material necessary for the proper functioning and maintenance of the boat which remain exclusively at the tenant's charge for the duration of the rental.
The full and levels of consumable materials will be made by the lessor before any rental.
However, the Evening service includes fuel (Bay of Cannes and Lérins Islands).
The boat will be made available to the tenant with a full tank of diesel and must be returned with a full tank of diesel. Otherwise, the owner will make the supplement and will be entitled to invoice the customer at the flat rate of € 1.80 per liter.
The tenant cannot claim a refund, even partial, of the rental price in the event of an incident occurring after the boat was made available and which does not prevent the use of the vessel.
It is agreed that in the event of unfavorable weather (rain, wind force 4 or greater), the service may be postponed to another day or evening.
TERMS AND CONDITIONS
Article 1. Obligations of the owner
1.1 The owner undertakes to provide a boat in accordance with the laws or regulations of the flag country of the said boat and / or the zone of
navigation in which the tenant must operate if it does not exceed the territorial limits of the flag.
1.2 The owner agrees that the rental boat is equipped with all mandatory safety equipment.
1.3 The owner agrees to be insured for the rental of the boat.
1.4 The owner undertakes not to entrust the boat to the lessee if he is aware of a technical problem affecting his safety.
Article 2. Obligations of the tenant
2.1 The lessee is responsible for the boat in his care as well as the crew and passengers.
2.2 As such, the tenant undertakes to:
use the boat reasonably and in strict compliance with the regulations in force, for this purpose, the lessee will be solely responsible for the consequences of any infringement.
not to exceed the navigation zone fixed by the Owner and / or the regulations.
not to entrust the responsibility of the boat to a third person without the prior agreement of the owner, subletting or lending being prohibited.
return the boat at the scheduled dates and times.
return the boat and its accessories in the same condition as that referred to in the inventory found contradictorily.
not abandon the boat after an accident or breakdown and keep it under your responsibility while waiting for it to be taken over by the owner or the insurer.
immediately notify the owner and the competent authorities in the event of an accident, theft, loss, fire or any other damage or degradation and obtain a report or minutes attesting to the conditions of the incident.
notify the owner of any event affecting the boat as soon as possible.
do not carry out any repairs without the owner's prior consent.
2.3 If the vessel is fitted with a VHF, the lessor disclaims all liability if no member of the lessee's crew has the necessary diploma.
2.4 The lessee means that the skipper has the necessary knowledge to take responsibility for the boat and to accomplish the planned navigation. It therefore ensures, for the duration of this support, the maintenance of the boat in good navigation condition, as well as its routine maintenance. The tenant is required to inform himself before his departure of all the procedures useful for the proper functioning of the engine and the various navigation instruments.
Article 3. Taking possession
3.1 The taking of possession of the boat takes place on the agreed date when the balance of the price has been paid, the deposit paid, the inventory of fixtures and the inventory completed and signed by the parties.
3.2 Possession takes place by handing over the keys and the compulsory documents relating to the boat (navigation permit, insurance contract, rental contract).
3.3 The lessee accepts the boat in the condition it is in after having visited it and having carried out a contradictory inventory of the on-board equipment. The lessee must ensure that he understands the proper functioning of the boat. The tenant must check the good condition of the boat and its equipment. The assumption of responsibility constitutes recognition by the tenant of the good working order and cleanliness of the boat, and of its aptitude for navigation.
3.4 The owner reserves the right not to entrust the boat if he considers that the lessee or the skipper is unable to navigate (lack of competence, alcoholic or other influence, etc.).
3.5 The electronic navigation instruments available are only intended to facilitate navigation. Their defect does not release the tenant from his responsibility.
Article 4. Use - Responsibilities - Damage
4.1 The lessee is solely responsible, from the time the boat is made available, for any damage that is not covered by the insurance.
4.2 The lessee undertakes to use the boat "with due diligence" and in accordance with the regulations of Maritime Affairs, Customs, and the Police of France.
4.3 The lessee affirms that he has the knowledge and experience necessary for the navigation which he intends to practice, as well as the permits required by Maritime Affairs for the conduct of boats.
4.4 The lessor or his representative reserves the right to refuse the provision of the boat if the skipper or the crew do not appear to have sufficient competence notwithstanding the references, certificates or licenses presented, or for any other reason including he is the only judge such as bad weather. In this event, a new date will be set. If it was not possible to find an available date, the tenant will see his contract terminated and the sums paid returned, without either party being able to claim damages or any other compensation.
4.5 Throughout the rental period, the lessee uses the vessel as he sees fit, but he undertakes to embark only the number of people authorized, to use the boat only for pleasure navigation, excluding of any commercial operation, professional fishing, transport or regattas ...
4.6 The lessee expressly releases the lessor from any liability as a shipowner or otherwise due to a breach of these prohibitions and will be solely responsible vis-à-vis the Maritime and Customs Services for lawsuits, prosecutions, fines and confiscations incurred by him in this regard. , even in the event of unintentional fault on his part. In the event of seizure of the rented boat, the tenant will be required to pay the owner a compulsory contractual indemnity, corresponding to the rental rate in force.
4.7 In the event of confiscation. The tenant will be required to reimburse the value of the boat within one month.
4.8 In the event of serious damage (waterway, fire, etc.), the tenant is required to notify the landlord or his representative as soon as possible, asking for instructions. Pending these, the tenant will be required to establish a report, in order to obtain from the insurance company the reimbursement of the sums incumbent on him. In the event that the tenant does not complete this formality, he may be required to pay all of the expenses caused by the damage.
4.9 Deprivation of use resulting from damage occurring during this rental will not be reimbursed, even partial of the amount of said rental, regardless of the cause of the damage, unless they are not attributable to the tenant.
4.10 Under no circumstances may the rented boat be subleased or even loaned free of charge.
Article 5. Return
5.1 The tenant is required to return to the designated port on the agreed dates and times. The inventory and inventory time for restitution is an integral part of the rental period provided for in the contract.
5.2 The boat must be emptied of all luggage and occupants before return, in good working order and cleanliness under penalty of additional cleaning costs invoiced at a flat rate of 300 € HT payable by the tenant. For this purpose, a deduction from the deposit may be made.
5.3 Except in cases of force majeure, every ¼ hour of delay will entitle the owner to a lump sum compensation of € 75 including tax, regardless of the cause of the delay (including weather conditions, the skipper having to take all its provisions to deal with this eventuality).
5.4 If for any reason the lessee is not able to return the boat himself to his designated return port, security and / or ferry costs may be charged to him, as well as late fees in application. of article 5.3 of these general conditions. The rental will not end until the boat has been returned to the rental company under the conditions provided above.
5.5 The rental does not end until after the actual return of the boat and the signing of the inventory of fixtures.
Article 6. Damage or loss
6.1 If the lessee should damage or lose the boat or any accessory appearing in the inventory, the latter will be required to pay for the repair or replacement thereof. A levy on the deposit may be made.
6.2 If the deterioration or loss results from a claim covered by the insurance policy, the reimbursement of the deposit will be deferred until payment by the insurance company of the repair and / or replacement invoices. The reimbursement will be made after deduction of the deductible provided for and any incidental costs that could have been caused by the loss.
Article 7. Insurance
7.1 The owner declares to have taken out an insurance policy guaranteeing the tenant:
The boat is insured by contract N ° YG2009146 with Yacht Guard: “Civil Liability” for a maximum amount of € 6,000,000.00, including € 2,000,000.00 in material and immaterial damage, including € 500,000.00 in bodily injury to the family; “Withdrawal Fees”; "Damage & Theft"
7.2 The payment of the insurance premium is included in the rental price.
7.3 The insurance policy does not guarantee the persons transported on the boat against accidents of which they could be victims.
7.4 The lessor disclaims all liability for loss, theft or damage concerning the lessee's personal property or which may affect the lessee and his guests. Personal effects are not insured under any circumstances.
7.5 Individual insurance for the transported persons may be taken out by the lessee for his benefit and at his expense, to cover the risks mentioned.
7.6 In the event of a claim, if the damage is less than 2,500 euros, the lessor may deduct the amount of the repairs or compensation directly from the deposit, before returning the balance.
7.7 In the event of a claim, if the damage exceeds 2,500 euros, the amount of the deductible is fixed at 2,500 euros. The amount of this excess does not constitute a limit of liability enforceable against the lessor, who always retains the right to exercise any recourse for compensation for the damage suffered.
7.8 The owner retains the right to seek redress for damage suffered as a result of a breach of the elementary rules of navigation.
Article 8. Cancellation of the reservation by the tenant
8.1 Any cancellation must be notified to the lessor. If the cancellation occurs within 15 days of departure, the amount of the contractual deposits remains with the lessor. If the cancellation occurs within 15 days of departure, 100% of the contractual amount remains with the lessor.
Article 9. Termination of the contract by the tenant
9.1 The period for which this contract was concluded may only be changed with the agreement of the lessor and to the extent of its possibilities.
9.2 In the event of a request for termination during the contract by the lessee, the rental amount and the down payments paid will remain with the lessor, whether or not the lessee has used the boat during the rental period, for whatever reason. of this vacancy.
9.3 If the boat is not delivered in seaworthy condition, either for lack of an essential safety element, or because it does not comply with the regulations, and if the rental company is not able to offer a boat of equal or superior characteristics, the lessee can break this contract and obtain the restitution of the sums paid and the costs incurred without being able to claim compensation for damages or any other compensation.
Article 10. Termination of the contract by the owner
10.1 In the event that, as a result of damage occurring during the previous rental (s), or of any impediment beyond its control, the rental company or its representative cannot give the use of the boat to on the agreed date, he will have the full option, depending on the lessee's choice, either to make available to the lessee a boat of equivalent or greater size, or to return the sums paid by the lessee without the lessee being able to claim damages and interests.
10.2 In the event of late provision of the boat, the rental price will be recalculated on the basis of the number of hours or days of availability of the boat, without the lessee being able to claim damages.
Article 11. Taking charge of the boat
11.1 The lessor undertakes to entrust the lessee with a boat equipped and armed in accordance with the laws and regulations in force for the category of navigation provided, in good working order and clean.
11.2 The lessor cannot be held responsible for the fragility of electronic equipment, sail fabrics, after-sales service times.
11.3 In any event, the taking over of the boat by the lessee is deemed to have been made when the balance of the price has been paid, the deposit paid and the inventory and inventory signed.
Article 12. Inventory
The inventory, in 2 copies, is countersigned by the lessor and the lessee when the boat is taken over, each of the parties keeping a copy. Any breach of the inventory must be mutually noted by the lessor and the lessee, and be the subject of special mentions on the inventory document. The signature of the inventory by the lessee constitutes recognition of the good condition and proper functioning of the boat, with the exception of hidden defects.
Article 13. Consumables
13.1 All consumables (fuel, water) are the responsibility of the tenant throughout the rental period.
13.2 The shipping costs, during the rental period, are the responsibility of the tenant.
Article 14. Security
14.1 The deposit, paid at the time of booking and at least 72 hours before taking charge of the boat, is intended to guarantee damage to the rented property or partial loss of objects, attributable to the tenant as well as the payment of fuel. if this could not be done on site when the vessel was returned, and any additional hours worked beyond the contractual return time, at the current rate.
14.2 The amount of this deposit does not, however, constitute a limit of liability enforceable against the lessor, who always retains the right to exercise any recourse for compensation for the damage suffered. The deposit will be returned within 04 to 06 days after the return of the boat.
14.3 In the event of deterioration of the rented property or loss not covered by insurance and attributable to the tenant, or on which there is some doubt, the reimbursement of the deposit will be deferred until payment by the insurance or by the tenant of the costs. caused.
Article 15. Return of the boat
On the day of return, the tenant must hand over to the lessor, for inventory and inspection purposes, the boat emptied of its occupants and their personal effects, and put back in perfect order and cleanliness, full of fuel. made.
The inventory and the return inventory are established contradictorily.
Article 16. Disputes
The law applicable to this contract is French law and the competent courts are the French courts.