The purpose of these general terms and conditions of sale, drawn up in accordance with article 441-6 et seq. of the French Commercial Code, is to set out the conditions under which SAS BOAT & Co undertakes to provide services to all persons embarking on board its vessels.

These General Terms and Conditions are expressly approved and accepted without reservation by the Customer, who declares and acknowledges full knowledge thereof, and hereby waives the right to rely on any contradictory document, and in particular its own general terms and conditions of purchase or any other internal document, which shall be unenforceable against Boat & Co, even if it has had knowledge thereof.

Should any provision of these General Terms and Conditions be declared null and void or unwritten, the other provisions shall remain in full force and effect and shall be interpreted in such a way as to respect the original intention of the parties.
Boat & Co may modify these GTC at any time. The applicable GCS are those given to the Customer on the day of the reservation request for a service.

Article 1 : DEPOSIT

The deposit is €3,000 by credit card only, deposited before departure with the HIRER in Saint Cyr Sur Mer.

In the event of damage, whether intentional or not, the deposit will be cashed immediately.

It will be used to cover the first immediate expenses not covered by the insurance, as well as the loss of earnings due to the immobilization of the boat, up to the amount of this deposit.

In the event of a claim covered by insurance, and after the expert's report on the hirer's liability, reimbursement of the deposit will be deferred until the insurance company has paid the repair or replacement invoices. Reimbursement will be made after deduction of the deductible and all costs not reimbursed by the insurance company (telegram, repatriation, cleaning, identical replacement of lost equipment and objects).

The RENTER is responsible for engine fuel and any external port tolls.

If the security deposit is not paid before the scheduled pick-up time, the HIRER is entitled to refuse to provide the service.

If the condition of the boat is satisfactory, and after the inventory and the return inventory have been signed by both parties, the deposit will be released immediately.

Article 2 : INVENTORY 

 

The inventory, in 2 copies, is countersigned by the lessor and the lessee on taking charge of the boat, each party keeping one copy. Any failure to comply with the inventory must be recorded jointly by the lessor and the lessee, and must be noted on the inventory document. The signing of the inventory by the lessee constitutes recognition of the good condition and good working order of the boat, with the exception of hidden defects.

 

Article 3 : BOAT INSURANCE

- Third-party liability insurance: This covers the financial consequences of any third-party liability you may incur for property damage or personal injury caused to third parties by the insured boat.

- Damage insurance: covers damage to and loss of the boat. You will be required to pay a €3,000 deductible.

Excluded: Individual Marine cover and assistance at sea.

 

The Hirer in whose name the rental contract is drawn up becomes the Insured for the duration of the rental period, and that the BOAT MANAGER DOES NOT BENEFIT FROM INSURED QUALITY and cannot be held responsible for damage suffered or caused by the boat and its occupants;

In the event of an accident, first notify the OWNER: BOAT & CO.

 

Article 4 : DURATION OF OFFER

BOAT & CO will only be bound to reserve the boat if the contract and deposit are returned within 10 days. After this period, the HIRER is no longer bound by his commitment, and the contract becomes null and void.

The period for which the contract has been concluded may be moved at the RENTER's request, subject to the possibilities of the HIRER's reservation calendar, but the rental price may be modified upwards or downwards according to the boat and the season corresponding to the BOAT & CO tariff.

Subject to the acceptance of the HIRER, who is sovereign in his decision, the impossibility of a change of period obliges in all cases the CHARTERER to pay his rental in full according to the terms of his contract.

       Article 5 : SEA CONDITIONS

As far as rentals are concerned, the HIRER is solely responsible for obtaining information on sea conditions from the official weather bulletins posted at the Harbour Master's Office and from the Météo Marine (telephone, Internet, etc.).

No reimbursement or compensation is due by the HIRER in the event of unfavorable weather conditions.
The HIRER alone may decide to refund the deposit or postpone the rental day (according to the schedule) if the weather conditions prove to be dangerous.

 

Article 6 : TERMINATION OF THE CONTRACT BY THE HIRER

The period for which the present contract has been concluded may only be changed with the agreement of the lessor and insofar as he is able to do so. In the event of a request for cancellation by the lessee during the term of the contract, the amount of the rental and any deposit paid will be retained by the lessor, whether or not the lessee has used the boat during the rental period, whatever the reason for the vacancy. If the boat is not delivered in a seaworthy condition, either because it lacks an essential safety element, or because it does not comply with regulations, and if the lessor is unable to offer a boat of equal or superior characteristics, the lessee may terminate the present contract and obtain the return of the sums paid and costs incurred, without being entitled to claim damages or any other compensation.

 

 

Article 7 : TERMINATION OF THE CONTRACT BY THE OWNER

In the event that, as a result of damage incurred during the previous rental(s), or of any other impediment beyond his control, the lessor or his representative is unable to give the lessee use of the boat on the agreed date, he shall be fully entitled, according to the lessee's choice, either to provide the lessee with a boat of equivalent or greater size, or to return the sums paid by the lessee, without the lessee being entitled to claim damages. In the event of late availability of the boat, the rental price will be recalculated on the basis of the number of hours or days the boat is available, without the lessee being entitled to claim damages.

 

 

Article 8 : CANCELLATION OF BOAT RESERVATION BY THE HIRER

In the event of cancellation by the Customer, the latter expressly accepts the following conditions:

 

1 month prior to the scheduled excursion date: the deposit will be refunded and no charges will be retained.

Between 10 days and 1 month before the scheduled excursion date: the deposit is due to Boat & Co by the Customer.

Less than 10 days before the scheduled excursion date: the full amount is due to Boat & Co by the customer.

 

In the event that, for reasons of bad weather conditions that could present a risk to the RENTER's safety, the sea excursion is cancelled by the HIRER, the RENTER has the choice between the following options:

 

Receive a full refund of the sums advanced.

Postpone the excursion to a later date, in accordance with Boat & Co's availability.

Article 9 : TAKING CHARGE AND USE OF THE BOAT

In all cases, the CHARTERER takes charge of the boat once the balance of the price has been paid and the deposit and inventory have been signed.

The OWNER must provide the LESSEE with a seaworthy boat, equipped and armed in accordance with the laws and regulations issued by the competent authorities for the intended category of navigation. The description of the boat and its equipment and fittings are listed on the inventory which must be given to the LESSEE at the same time as the official table of instruments, documents, compulsory nautical equipment and a copy of the "Acte de Francisation".

Signing the inventory constitutes recognition that the boat is in good working order, with the exception of hidden defects.

The OWNER undertakes to provide the LESSEE with a berth in the Port during the rental period.

The CHARTERER undertakes to use the boat "with due care and attention" in accordance with the regulations of the French authorities. The LESSEE expressly undertakes to take on board only the number of persons authorized by the regulations in force and to use the boat solely for pleasure sailing, and not to lend or sublet.

The CHARTERER expressly discharges the OWNER from any liability as shipowner or otherwise. The CHARTERER shall be solely liable to the administrative authorities responsible for the supervision of navigation (Maritime Affairs, Customs, Police, etc.) for any lawsuits, fines or other proceedings.

 

 

In the event of seizure of the rented boat, the LESSEE will be required to pay the OWNER compensation equal to the amount of the corresponding rental period and any repatriation.In any event, the CHARTERER undertakes to assure the OWNER of his knowledge and experience necessary for the navigation he intends to practice, and to present him with any licenses or certificates required by the authorities for the operation of the boat.

The OWNER 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, despite the references or permits presented, or for any other reason of which he is the sole judge. In this eventuality, the RENTER's contract will be terminated and the sums refunded, less the handling charges, without either party being entitled to claim damages.

 

Article 10 : DAMAGE

In the event of damage (water ingress, fire, etc.), the CHARTERER is required to notify the appropriate emergency services (list available on board) and the OWNER, who will contact the surveyor. The surveyor will give instructions and draw up a damage report, in order to obtain reimbursement from the insurance company.

Should the LESSEE fail to complete this formality, he may be required to pay all expenses incurred by the damage.

Any loss of use resulting from damage occurring during the rental period will not be reimbursed, even partially, regardless of the cause of the damage, unless such damage is not attributable to the LESSEE.

In the event of abandonment of the boat, for whatever reason :

The LESSEE shall be liable for all costs incurred (search, towing and other related expenses) pending the final results of the survey.

Any damage will systematically result in the deposit being cashed until the damage is finally repaired.

Article 11: RETURN

The lessee is obliged to return to the designated port at the agreed date and time. The time required for the return inventory and inventory of fixtures is an integral part of the rental period stipulated in the contract.

The boat must be emptied of all luggage and occupants before return, in good working order and clean, failing which additional cleaning costs will be invoiced at a flat rate of €100 including VAT, payable by the lessee. A deduction may be made from the security deposit.

Except in cases of force majeure, every ¼ hour of delay entitles the owner to a flat-rate indemnity of €90 (incl. VAT) for the first hour of delay, and 100% of the price paid for the boat if the delay exceeds 1 hour, regardless of the cause of the delay (including weather conditions, for which the skipper must take all necessary precautions).

If, for any reason whatsoever, the Hirer is unable to bring the boat back to its designated port of return, he/she may be billed for the cost of guarding and/or ferrying the boat, as well as for the cost of any delay in accordance with article 5.3 of these general terms and conditions. The rental will only end once the boat has been returned to the lessor in accordance with the above conditions.

The rental will only end once the boat has been returned and the return inventory has been signed.

 

 

The boat will be returned with a full tank of SP95/98 fuel at the renter's expense. If at the time of return, the OWNER has to fill up the boat with fuel on behalf of the LESSEE, this will be invoiced at a flat rate of €50 including VAT in addition to the fuel invoice, deducted from the DEPOSIT.

 

Article 12 : WETTINGS IN DEAD BODY

In accordance with decree n°91-1110 of 22/10/1991 relating to temporary occupation authorizations for mooring areas and light equipment on the public maritime domain, it is forbidden to leave the rented boat on a dead berth; this means that the boat returns every evening to its place in the Vieux Port of Saint-Cyr-sur-Mer, on the site provided and made available by the HIRER.

 

Article 13 : CIRCULATION

IT IS FORBIDDEN, under penalty of fine, to circulate by boat along the beaches in the 300-meter zone reserved for bathers and TO DEPART THE BOAT ON THE BEACHES. The HIRER will only be able to carry out repairs in a rapidly accessible area.

Outside this zone, the intervention of a subcontractor is at the RENTER's expense. In the event of unavailability of our services, within the limits of the zone defined above, only interventions on the boat, notified and authorized beforehand, will be reimbursed, provided that the origin of the breakdown is not due to the RENTER.

 

Article 14 : PARC NATIONAL DES CALANQUES

IT IS FORBIDDEN to navigate or anchor in the Parc National des Calanques in accordance with decree N°AR - 2020 - 08 of the Parc National des Calanques; In view of the deliberation of the Board of Directors n° CA 2019-12.17 of December 6, 2019 establishing a system of authorization relating to commercial activities having as their object the rental of motorboats within the perimeter of the marine heart of the National Park and setting the terms and conditions of issuance by the director of the public establishment.

The fine for this type of offence is €75,000 and is punishable by 2 years' imprisonment.

 

Article 15: Wearing lifejackets

A lifejacket is compulsory for each person on board. The lifejacket may be conventional or inflatable, with manual or automatic inflation. Wearing a lifejacket is not compulsory, but strongly recommended. Children under 30kg must wear a lifejacket.

 

Article 16: DISPUTES

Under no circumstances are propellers covered by insurance companies. In the event of any dispute relating to the performance of the present contract, and in the event that no amicable solution is found in the course of arbitration, jurisdiction will be expressly assigned to the VAR courts.