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General Hiring Conditions

APTITUDE

The cap­tain of the boat must be over 18 and is respon­si­ble for the equip­ment entrust­ed to him, he agrees that in all cir­cum­stances the per­son who has to take con­trol of the boat is the hold­er of the tem­po­rary license. He declares hav­ing been informed of : for­feits and exclu­sions to guar­an­tees under the boat insur­ance.
The own­er reserves the right to refuse to hand over a boat to any ten­ant who would not be able to assume respon­si­bil­i­ty. In this case, you will be offered a refund of the total price exclud­ing any com­pen­sa­tion what­so­ev­er.

REGISTRATION — BOOKING — PAYMENT

The book­ing is effec­tive as of con­fir­ma­tion by the rental com­pa­ny, upon receipt of the book­ing form togeth­er with a deposit of 40 % of the total rental amount. Pay­ment by install­ments can be con­sid­ered on demand. THE BALANCE MUST BE PAIDWEEKS BEFORE DEPARTURE. For pay­ment from abroad, the costs will be borne by the ten­ant.

SECURITY DEPOSIT

A deposit of 660 € to 1200 € (insur­ance excess ): cash, cheques, cur­ren­cy, Eurocheques or by cred­it card (depend­ing on the depar­ture base ) must be made on the day of depar­ture before board­ing. This will be returned at the end of the cruise as long as the boat and its equip­ment are returned in prop­er work­ing order, and undam­aged at the agreed time and place. This deposit is the amount of the insur­ance excess in case of acci­dent and is used to cov­er the costs of the equip­ment fail­ure or improp­er main­te­nance of the boat dur­ing the cruise. This deposit is to be paid even if the cruise plus insur­ance is tak­en out.

TRIP CANCELLATION

  • Noti­fied by the ten­ant.
    If you are forced to can­cel your reser­va­tion, send a writ­ten noti­fi­ca­tion to the rental com­pa­ny imme­di­ate­ly.
    The costs are as fol­lows :
    More than 8 weeks before depar­ture : 150 € fee
    Between 8 and 4 weeks pri­or to depar­ture : 40% of rental price
    Less than 4 weeks before depar­ture : 100% of rental price
    These costs may be reim­bursed if the rental com­pa­ny has been able to rent the boat again dur­ing the peri­od.
  • Noti­fied by the rental com­pa­ny.
    If, due to unfore­see­able and unavoid­able cir­cum­stances, the rental com­pa­ny can­not have the boat avail­able for the ten­ant, it is oblig­ed to imple­ment all the means at its dis­pos­al to pro­vide the ten­ant with a replace­ment boat with a lev­el of com­fort and capac­i­ty com­pa­ra­ble to the one ini­tial­ly cho­sen. If this is not pos­si­ble, the rental com­pa­ny shall prompt­ly reim­burse all sums paid in pro­por­tion to the cor­re­spond­ing days of loss of use, exclud­ing any com­pen­sa­tion what­so­ev­er.
    Spe­cial con­di­tions for the can­cel­la­tion of « flotil­la « and « long-term reser­va­tion. »

Dero­gat­ing from the gen­er­al rental con­di­tions and can­cel­la­tion terms above, flotil­la reser­va­tions — more than 3 boats togeth­er — or long-term lease — more than 4 weeks will be firm non-can­ce­lable reser­va­tions (100% the amount of the rent regard­less of the date of can­cel­la­tion)

In the case of a flotil­la, it is manda­to­ry to iden­ti­fy a cap­tain and crew for each boat at time of the book­ing. If cus­tomers sub­scribe to a can­cel­la­tion insur­ance, the can­cel­la­tion of one ves­sel will not in any way jus­ti­fy the can­cel­la­tion of the oth­er boats. The Insur­ance treats cas­es indi­vid­u­al­ly by boat.

Con­di­tions of book­ing mod­i­fi­ca­tions :
More than 8 weeks before depar­ture : € 100 fee for any changes in time or boat ( low­er pric­ing ) with the same provider after their agree­ment.
Any oth­er change is sub­ject to can­cel­la­tion terms above (even for a more expen­sive boat with a dif­fer­ent provider than the one orig­i­nal­ly booked ).

CRUISE CANCELLATION INSURANCE

Ensures reim­burse­ment to the insured for can­cel­la­tion costs that are to be paid to the rental com­pa­ny under the can­cel­la­tion pol­i­cy.. This insur­ance is valid if you can­cel BEFORE DEPARTURE for one of the fol­low­ing : seri­ous ill­ness, seri­ous acci­dent, death of your­self, your spouse, your par­ents or chil­dren. This war­ran­ty extends to all mem­bers of the crew.
In case of can­cel­la­tion, the fee is 150 € + the amount of the insur­ance. Insur­ance con­tract ( copy of terms and ref­er­ences avail­able upon request ).

INSURANCE

The price of the trip includes insur­ance cov­er­ing the boat and the tenant’s respon­si­bil­i­ty to third par­ties, in case of an acci­dent caused by the boat. Ten­ants, their belong­ings and their own lia­bil­i­ty are not insured. Bicy­cles are the respon­si­bil­i­ty of the ten­ant. In case of loss or theft, they will be charged to the ten­ant. How­ev­er, the ten­ant can sub­scribe (with our insur­er) to an insur­ance cov­er­ing inter­rup­tion of the cruise, injury, dam­age to the pro­peller, cycling, and reim­burse­ment of the secu­ri­ty deposit in case of dam­age ( cruise plus insur­ance).

ACCIDENTS

The ten­ant must report any dis­as­ter imme­di­ate­ly by tele­phone to the rental com­pa­ny, who will give him the pro­ce­dure to fol­low. The ten­ant should refrain from any action that is not dic­tat­ed by an emer­gency. The ten­ant who caus­es an acci­dent or is a vic­tim of it, can­not claim any com­pen­sa­tion in the event of the trip being com­pro­mised.

BOARDING

The boat is avail­able after com­ple­tion of the fol­low­ing for­mal­i­ties : pay­ment of the bal­ance due, of deposits (secu­ri­ty deposit + boat clean­ing deposit ), inven­to­ry of equip­ment on board. Accept­ing the boat is recog­ni­tion by the con­trac­tor of being well informed, of the good work­ing con­di­tion and clean­li­ness of the boat.
The ten­ant may legit­i­mate­ly refuse a boat that is pre­sent­ed to him if it does not match the one shown in the con­trac­tu­al doc­u­ments, if the nec­es­sary equip­ment for the smooth run­ning of the cruise is not work­ing or if the clean­li­ness and tidi­ness of the boat is not con­sis­tent with what he is enti­tled to expect in terms of fair and pro­fes­sion­al usage. The place of embarka­tion may be anoth­er base in case of clo­sure of the canal, flood or oth­er event mak­ing board­ing impos­si­ble in the place con­trac­tu­al­ly agreed.

ARRIVAL

The boat must be returned to the place, date and time agreed except in the case of an unfore­see­able event beyond the con­trol of the ten­ant. The boat is returned to the rental com­pa­ny in the state in which it was entrust­ed to him with the inven­to­ry made before depar­ture serv­ing as proof. The own­er reserves the right to charge the ten­ant for any expens­es incurred by a late return or an deser­tion of the ship dur­ing the cruise.
The clean­ing time behooves on the con­tract­ing par­ty and is an inte­gral part of the rental time. For dam­age or loss that may be sup­port­ed by the insur­ance, the deposit will be retained until the pay­ment by the com­pa­ny. The refund will be made after deduc­tion of the amounts applic­a­ble to the deposit for the boat and any charges and acces­sories that might have lead to the dis­as­ter (phone, admin­is­tra­tive and tech­ni­cal mon­i­tor­ing, obser­va­tions …).

USE OF THE BOAT BY THE TENANT

The ten­ant must com­ply with the rules of riv­er or sea nav­i­ga­tion, and the instruc­tions giv­en by the rental com­pa­ny and riv­er or mar­itime author­i­ties. It is pro­hib­it­ed to sail after night­fall as is tow­ing, sub­let­ting and lend­ing the boat. The cap­tain must not embark pas­sen­gers not indi­ca­teed at the time of board­ing. The boat can only be dri­ven by per­sons who have com­plet­ed the required train­ing and are men­tioned on the tem­po­rary licence. The tem­po­rary licence does not give access to cer­tain large gauge water­ways : Rhine, Rhone, Seine, Loire etc.. It is for­bid­den to use these water­ways. Fail­ure to fol­low this instruc­tion will result in the imme­di­ate dis­charge of the ten­ant with no refund. In addi­tion, the cost of return­ing the boat will be charged. When the boat is hand­ed over, the boat renter will give the dri­ver — after his instruc­tion- the com­pul­so­ry nau­ti­cal doc­u­ments : — the tem­po­rary boat­ing license — the log­book includ­ing : An admin­is­tra­tive part — Copy of the approval of the char­ter­er — Copy of traf­fic title — Cer­tifi­cate of Tech­ni­cal Inspec­tion and dry con­trol — Copy of the insur­ance cer­tifi­cate ; A gen­er­al part — safe­ty infor­ma­tion (gas, elec­tric­i­ty, com­bus­tion appa­ra­tus, pass­ing through the locks, fight against holes in the hull of the boat, and checks of the equip­ment and how to leave board. — Infor­ma­tion on the preser­va­tion of the envi­ron­ment of the water­ways and river­banks — Infor­ma­tion includes the key sig­nals of inland nav­i­ga­tion and absolute pro­hi­bi­tions. A spe­cif­ic part -. a ground plane of the boat with indi­ca­tions of the exact loca­tion of indi­vid­ual safe­ty equip­ment, of the equip­ment for the fight against fire, of the fuel and gas valves record­ed against the fight of the fire and of the drainage valves. — An extract of the sup­ple­men­tary reg­u­la­tions of the police spe­cial to water­ways (restric­tions, pro­hi­bi­tions) — Detailed map of the pro­grammed route, the lat­ter incor­po­rat­ing the dis­charge loca­tions for waste and sludge from waste water tanks. The con­tract­ing par­ty keeps a copy of the rental agree­ment ; he agrees to sub­mit to any request from the pub­lic author­i­ties. The own­er must give the con­tract­ing par­ty a boat in per­fect nav­i­ga­tion state, equipped in accor­dance with the applic­a­ble reg­u­la­tions. The con­tract­ing par­ty acknowl­edges that the equip­ment is in per­fect work­ing order and that the descrip­tion of the boat and its equip­ment and arma­ment items is includ­ed in the inven­to­ry that was pre­sent­ed. Tak­ing the boat is recog­ni­tion by the con­tract­ing par­ty of its per­fect infor­ma­tion, good work­ing con­di­tion and clean­li­ness of the boat. The file for the sup­port of the boat will describe it in his pieces of equip­ment and arma­ment. In addi­tion, the own­er pro­vides the con­tract­ing par­ty and/​or dri­ver all nec­es­sary and essen­tial expla­na­tions for the func­tion­ing of devices and equip­ment of the boat. The sign­ing of this sup­port sheet pro­hibits the con­tract­ing par­ty and/​or the dri­ver to claim lat­er for any non-com­pli­ance with the require­ments and pro­vi­sions of the con­tract as well as any fail­ure in the advice relat­ed to func­tion­ing of the boat giv­en the nav­i­ga­tion pro­gram envis­aged.

NAVIGABILITY OF THE WATERWAY

In case of flood, low water lev­el, lim­it­ed access to water­ways (due to flood or drought), dam­age to the water­way or any oth­er event mak­ing it impos­si­ble or dif­fi­cult to nav­i­gate, the rental com­pa­ny may, in strict pro­por­tion to the oblig­a­tions gen­er­at­ed by these events, change the loca­tion and /​or depar­ture date of the cruise. If these events make the trip impos­si­ble, the sums paid by the ten­ant may be put towards a future cruise accord­ing to avail­abil­i­ties of the rental com­pa­ny. These pro­vi­sions apply when these events occur dur­ing the trip and when the boat is immo­bi­lized more than forty -eight hours.

BREAK DOWN

The rental price includes assis­tance in case of break down, the rental com­pa­ny under­takes the respon­si­bil­i­ty to pro­vide this assis­tance as soon as pos­si­ble, fair­ly and pro­fes­sion­al­ly.

BREAK DOWN NOT ATTRIBUTABLE TO THE TENANT

If the break down is due to dam­age not attrib­ut­able to the ten­ant, and lasts for more than twen­ty four con­sec­u­tive hours, the rental com­pa­ny will pay back the ten­ant the amount paid in pro­por­tion to the time not accom­plished. Down­time is count­ed from the time the ten­ant noti­fies the rental com­pa­ny of the fault. The ten­ant shall refrain from any action that is not dic­tat­ed by neces­si­ty or urgency.

FAILURE DUE TO TENANT

If it is proved that the fail­ure was due to the ten­ant, he is not enti­tled to any com­pen­sa­tion for loss of use of the rental. The own­er may retain the sums paid as deposits to the extent of costs incurred for repairs. Etang de Thau : In case of an inci­dent not attrib­ut­able to the rental com­pa­ny (net in the­p­ro­peller, get­ting stuck etc.. ) and requir­ing the inter­ven­tion and /​or tow­ing the boat via the SNSM or any oth­er com­pa­ny, tow­ing charges due to this inter­ven­tion will be billed direct­ly to the cus­tomer.

BOAT EQUIPMENT /​PERSONAL EFFECTS

The ten­ant agrees to noti­fy the rental com­pa­ny of any equip­ment lost, bro­ken, stolen or dam­aged, and is required to reim­burse it. The com­pa­ny is not respon­si­ble for loss or dam­age in any man­ner what­so­ev­er to the objects belong­ing to the ten­ant.

BIKES

Bikes are assigned to the con­tract­ing par­ty and remain under his respon­si­bil­i­ty. In case of theft, the con­tract­ing par­ty must declare it to the com­pe­tent local police author­i­ties and pro­vide the own­er the orig­i­nal of the min­utes con­cern­ing this theft. The con­tract­ing par­ty or any­one using with his agree­ment one of the rent­ed bicy­cles, is alone respon­si­ble for acci­dents or dam­age aris­ing from the use of these bicy­cles.

PETS

Pets are wel­come on board. How­ev­er, the ten­ant shall not in any case use the equip­ment on board (bed­ding, dish­es) for the ani­mal, and will come with all acces­sories need­ed for his ani­mal on the boat.

OTHER COSTS

Fuel, oil, gas for cook­ing, elec­tric bat­ter­ies, and, in gen­er­al, any con­sum­able mate­r­i­al nec­es­sary for the smooth run­ning and main­te­nance of the boat dur­ing the rental peri­od are in charge of the con­tract­ing par­ty. Prices relat­ed to these posi­tions are giv­en by the fee sched­ule of the renter and are sub­ject to changes depend­ing on the mar­ket prices. Any moor­ing fees or park­ing fees are also charged to the con­tract­ing par­ty and depend on the choic­es of the stopovers.

ONE WAY CRUISE FROM ONE BASE TO ANOTHER

Even if accept­ed by the rental com­pa­ny, this ser­vice is not guar­an­teed because of the dif­fer­ent cir­cum­stances that could affect it. The rental com­pa­ny can there­fore, for legit­i­mate rea­sons, and sub­ject to reim­burse­ment of addi­tion­al costs caused by a one-way trip, oblige the ten­ant who wished to do a one way trip to do a round trip. It is essen­tial to get in touch with the depar­ture base 48 hours before depar­ture for con­fir­ma­tion.

ROUTES

Unless pri­or writ­ten agree­ment, cruis­es begin and end at the date and place stat­ed on the con­fir­ma­tion. How­ev­er, the com­pa­ny reserves the right for oper­a­tional rea­sons, to change the place of embarka­tion, dis­em­barka­tion or change the cruise return trip to a one way or one way to a return trip in the same area, with­out addi­tion­al charge.

DESERTION OF THE CRUISE

In case of deser­tion of the ship, except for sud­den and pro­longed imprac­ti­ca­bil­i­ty of the water­way, the rental com­pa­ny will invoice the cost of bring­ing the boat back to the base, in addi­tion to the cost of the hourly nav­i­ga­tion rate and clean­ing pack­age, a charge of € 500 + a dai­ly rate of 380 € will apply

DESCRIPTION OF BOATS

Plans are con­sis­tent with descrip­tions of the boats but may have minor changes in some regions.

BOOKING AT DISTANCE

Accord­ing to arti­cle L121-21 of Con­sumer law, the con­sumer has 14 days to use his right to retract, with­out hav­ing to jus­ti­fy his deci­sion. How­ev­er accord­ing to arti­cle L 121 – 97 of con­sumer law, there is no right to retract for a pur­chase made in a trade fair or trade show

FEES, FINES AND PROSECUTION

The con­tract­ing par­ty and /​or the dri­ver alone shall be account­able, in respect of the author­i­ties what­so­ev­er, for pros­e­cu­tion, fines and for­fei­tures. In case of seizure of the rent­ed boat, with­out con­fis­ca­tion, the con­tract­ing par­ty will be required to pay the renter a con­trac­tu­al cap­i­tal allowance cor­re­spond­ing to the rental rate in effect increased by 30%.

DISPUTES AND APPLICABLE LAW

This con­tract is gov­erned by French law. All dis­putes aris­ing from this con­tract con­cern­ing its valid­i­ty, inter­pre­ta­tion, progress, ter­mi­na­tion, their con­se­quences and their results will be sub­mit­ted to the com­pe­tent courts in com­mon law con­di­tions.

* Non offi­cial trans­la­tion. Only the orig­i­nal text in French is con­sid­ered as valid.