(Article 1 - Special Conditions)
Article 2 - Purpose of the contract
The Boat Owner places at the disposal of the Hirer the Boat described in the appendix, in a seaworthy condition in accordance with the regulations applicable in France, clean and in good working order.
Article 3 - Payment
Unless the Hirer makes a late reservation of the Boat or other provisions are defined in the Special Conditions, the Hirer shall pay the rental price by successive instalments according to the following schedule:
- 40% of the price at the time of booking the vessel,
- 60% of the price 30 days before the date of availability.
In the event of late payment the Hirer shall have the right to terminate the contract and retain the sums already paid by the Hirer.
Article 4 - Modifications - Termination
The Hirer's requests to change the rental dates will be taken into account by the Hirer to the extent that it is able to satisfy them without financial consequences for him.
If the Hirer, for any reason whatsoever, except failure or delay in the provision of the vessel by the Boat Owner, renounces the charter and decides to terminate the contract, the deposits paid shall be retained by the Boat Owner, unless notice of termination is given to the Boat Owner at least 95 days prior to the date of availability of the vessel. In the latter case, the Hirer will only be charged a handling fee of 300 Euros. The deposits paid will be reimbursed to the Hirer by the Boat Owner after deduction of this amount.
However, for a cancellation notified less than 95 days before the date of availability, if the Boat Owner manages to re-let the reserved Boat, he will reimburse the deposits paid by the Hirer, less the aforementioned handling fees and, if applicable, the difference between the rental price and the price at which he would have been able to re-let the Boat during the same period.
If, as a result of damage or for any other reason beyond the lessor's control, the lessor is unable to make the Boat or an equivalent boat available to the Hirer on the agreed date and/or for the agreed period, and if the loss of use exceeds by more than half the rental period initially stipulated in the contract, the Hirer may terminate the contract and demand full reimbursement of the sums already paid by him. If the loss of use is less, the Tenant may only claim a reduction in price proportionate to this. In no case shall the Hirer be entitled to claim any additional compensation or to the repair of any prejudice whatsoever by the Hirer.
Article 5 - Deposit
The purpose of the deposit paid by the Hirer is to guarantee the payment by the Hirer of the sums he/she may owe to the Hirer in application of this contract, in addition to the rental price indicated in the special conditions. However, the amount of the deposit paid shall not constitute a limit on the amount of the said sums.
The deposit shall be paid by the Hirer prior to the provision of the Boat. It will be returned to him within one month of the return of the Boat if it is established by the Boat Owner that no amount is due by the Hirer. Otherwise, the Boat Owner may, in the absence of a prompt payment of the said sums, deduct them from the deposit before returning the balance to the Hirer.
The Hirer's liability is limited to the amount of the deposit, except in case of gross negligence or intentional act.
Article 6 - Insurance of the Boat
The Hirer certifies that the Boat and its crew are insured for the following risks:
- Boat and equipment listed in the inventory: accidental damage as well as obvious theft and hijacking, removal and destruction costs.
- Search and assistance costs.
In the event of a claim compensated by the insurer, the amount of the deposit mentioned in the special conditions shall be borne by the Hirer:
- within the limit of the amount of the repairs and the expenses not covered by the insurer and resulting from the loss such as travel, convoying, statements and obsolescence; if this amount is lower than the amount of the deposit
- within the limit of the amount of the deposit if this amount is higher.
Damage of a purely aesthetic nature (such as scratches) and damage resulting from a voluntary act, notorious negligence, abandonment of the boat, failure to comply with regulations, failure to observe the rules of caution, such as leaving in a storm, driving while drunk or under the influence of drugs or hallucinogenic products, are not insured. The costs of repairing such damage shall be borne by the Hirer.
Article 7 - Berth - Consumables
The mooring fee and the water and electricity consumption for the first night of the rental period and for the night following the return of the Boat to its return port are at the Hirer's expense. All other mooring fees and consumption are the sole responsibility of the Hirer, who is required to pay them directly to Blue Wave.
Fuel, lubricants, batteries, gas refills, cleaning products and medicines are at the expense of the Hirer and are not included in the rental price.
Article 8 - Provision of the Boat
The Boat will only be made available to the Hirer by the Boat Owner after the payment of the full price, the deposit and the signature of the contract and all its annexes by the Hirer and the Boat Owner.
Notwithstanding the Owner's authorisation to occupy the Boat, the Hirer is forbidden to move the Boat from its mooring and to carry out any manoeuvre before taking over the Boat, which is confirmed by the signature of the certificate of taking over.
Article 9 - Inventory - Inspection - Handover
The Boat Owner and the Hirer will proceed together to the inventory via the Nauticoncept mobile application as well as to the inspection of the Boat prior to its release. The Boat Owner will provide the Hirer with the necessary explanations for the proper use of the Boat and its various equipment. The inventory and the certificate of acceptance will be sent directly by e-mail to the Hirer. Once these documents have been signed, the Hirer will not be able to claim that the boat does not comply with the requirements of the contract or that he/she has not been informed about the operation of the boat.
The Boat is supplied with a beacon giving information to the Hirer in real time (position, engine, list and shock detection...)
Article 10 - Use of the Boat by the Hirer
The Hirer undertakes, and if necessary vouches for the skipper designated in the contract, to comply with all regulations in force in the navigation area where he/she will have driven the boat, and to respect the rules of caution to preserve the safety of the boat and its crew. In particular, he undertakes to keep the logbook and to report in it the places of navigation and conditions encountered as well as all incidents and accidents affecting the Boat or its equipment or the crew.
The Hirer shall not, except in the case of an obligation to provide assistance, take on board a number of persons greater than the maximum mentioned on the crew list.
The Hirer shall be solely responsible to the competent authorities and third parties concerned for any voluntary or involuntary breach of the regulations in force in his area of navigation and for their legal consequences (prosecution, lawsuits, fines, etc.). The Hirer expressly discharges the Hirer from any liability in this respect.
In case of confiscation of the Boat, the Hirer shall be obliged to pay the Boat Owner within 30 days a sum equivalent to the insured value of the Boat.
The Hirer undertakes to use the Boat only for pleasure sailing. The Hirer shall not participate in any form of competition, sublet the Boat, or use the Boat for commercial operations of any kind such as transport or fishing. The Hirer shall not abandon or lend the Boat.
In the event of a gale in the sailing area, the Hirer is obliged to inform the Boat Owner of his position in order to prevent the latter from initiating a search.
The Hirer undertakes to ensure the routine maintenance and cleaning of the Vessel during the Charter period and in particular to check daily the engine levels and the proper functioning of the equipment and appliances on board.
In all circumstances, the Hirer shall remain the guardian of the Boat until it is returned to the Boat Owner and shall therefore ensure that it is kept in good order and as a good sailor.
The Hirer undertakes to respect a navigation perimeter situated between 38° and 45° North latitude and between 0° and 17° East longitude.
Unless otherwise authorised in writing by the lessor, the lessee undertakes to be accompanied by a professional skipper placed under his sole responsibility with a view to sailing in Corsica, the Balearic Islands and Italy.
Article 11 - Skipper's skills
The Hirer certifies that he/she or, if applicable, the skipper designated in the contract, has sufficient skills and experience to skipper and steer the Vessel with the help of the crew, and, if applicable, that he/she possesses the certificates and/or licences required by the applicable regulations. A copy of this/these document(s) and the skipper's nautical CV are attached to the contract and form an integral part of it.
If the skipper and/or the crew do not seem to have sufficient capacity to take charge of the Boat, which is at the sole discretion of the Charterer, the Charterer reserves the right to either impose the services of a qualified skipper at the expense of the Hirer and under his responsibility, or to refuse to make the Boat available. In the latter case, the sums paid by the Hirer shall be retained by the Boat Owner as damages. In no case shall the provision of the Boat to the Hirer by the Boat Owner engage the responsibility of the Boat Owner as to the competence of the skipper designated by the Hirer.
Article 12 - Damage, loss or damage
In case of damage or minor loss or damage, if the Hirer deems it necessary to continue the navigation in full safety and in compliance with the regulations, the Hirer may have the damaged equipment repaired or replaced without the prior agreement of the Owner if the costs to be incurred do not exceed 200 Euros. If the costs to be incurred exceed this value, the Hirer shall endeavour by the appropriate means to inform the Hirer before incurring the expense. Should the Hirer fail to do so, the Hirer shall take all reasonable steps to be able to bring the Boat back safely and to return it within the time and to the port defined in the Special Conditions.
The Hirer shall inform the Boat Owner as soon as possible of any damage, breakdowns or losses which he has not repaired or caused to be repaired during the charter period in order to enable the Boat Owner to organise repairs upon return of the Boat for the purpose of making it available to the next Hirer without delay.
In the event of major damage to the Boat and/or to third parties as a result of contact with the Boat, the Hirer shall take all steps to inform the Boat Owner immediately and shall take instructions from the Boat Owner, which the Hirer shall follow. If the damage is covered or seems to be covered by insurance, the Hirer shall take all steps to preserve the right to compensation by the insurer. If the Hirer has not succeeded in contacting the Landlord, he shall contact the insurer or his broker directly to take his instructions. In all cases, the Hirer shall have a damage report drawn up by a damage surveyor at the latest within 48 hours of the occurrence of the damage. In the event that the Tenant does not take the necessary steps to enable the insurer to cover the loss, or if the steps taken by the Tenant justify the insurer's refusal to pay compensation, the Tenant shall be obliged to pay all direct and indirect expenses caused by the loss.
Only breakages and damage resulting from normal wear and tear of the equipment or meeting the definition of hidden defect will be paid for by the Boat Owner and reimbursed by him to the Hirer upon return of the boat, upon presentation of an invoice indicating the VAT. All other expenses incurred by the Hirer or to be incurred by the Boat Owner after the return of the boat to repair or replace equipment lost or damaged as a result of misuse or clumsiness on the part of the Hirer or the crew shall be borne by the Hirer, within the limit of the amount of the insurance deductible if the damage in question is covered by the Boat's insurer.
Article 13 - Return of the Boat
The Hirer is obliged to return the Boat and all the equipment and materials listed in the inventory in good working order, appearance and cleanliness, at least as they were entrusted to him. If necessary, the cost of cleaning the Boat shall be borne by the Hirer.
As soon as the Hirer returns to the port of return, he/she must inform the Boat Owner of his/her presence and make an appointment with him/her to carry out the return inventory and inspection of the Boat. Prior to the return inventory, the Hirer must have emptied the Boat of all personal effects and cleaned it.
Upon return of the Boat, the Hirer is obliged to inform the Boat Owner, verbally or in writing if the latter deems it necessary, of any incidents, damage, loss, malfunctions or breakdowns that have occurred during the rental period. The Hirer shall in particular report any heeling, even if this has not caused any apparent damage. The Hirer shall bear all the consequences, legal and other financial, of a failure to comply with this obligation to inform the Hirer.
If damage or loss or breakdowns caused by misuse are noted during the inventory, concerning both the Boat and the materials and equipment listed in the initial inventory, the Hirer shall be obliged to pay the costs of repair or replacement in full if the loss or damage is not covered by the boat's insurer, up to the limit of the insurance excess in the opposite case.
Unless the insurance policy is invoked, the Hirer shall be obliged to pay on the spot and without delay the costs quantified and possibly justified by the Boat Owner (catalogues, invoices for equivalent services). If it is planned to submit a claim to the ship's insurer, or if the Hirer is unable to give a precise figure for the cost of the repairs and/or replacements to be carried out, the payment by the Hirer shall be deferred until the insurer's final decision or the Hirer's estimate, as the case may be.
Article 14 - Late return
The Hirer is obliged to return the Boat within the time limit and at the port specified in the Special Conditions.
In case of delay, whatever the cause, except in cases of force majeure or damage for which the Hirer is not responsible, the Hirer shall pay to the Boat Owner, at the time of return of the Boat, an indemnity calculated, for each day of delay, at twice the rate of the Boat Owner for a daily rental of the Boat, any day of delay started being due. If necessary, the Hirer shall reimburse the Boat Owner for the costs and compensation he has had to incur to compensate the next Hirer deprived of the use of the vessel.
Bad weather or the state of the sea shall in no way constitute a case of force majeure, any sailor having to manage his navigation according to the weather forecast.
In all circumstances, the Hirer is obliged to inform the Boat Owner as soon as a delay seems likely.
If for any reason the Hirer is not able to bring the Boat back to the port of return, he/she shall at his/her own expense and risk ensure the safekeeping of the Boat and have it brought back by a qualified courier.
Article 15 - Settlement of disputes
In case of disagreement on the application of the contract, the parties will submit their dispute to the Fédération des Industries Nautiques for a compromise. If this is not possible, the dispute will be submitted to the competent court of the jurisdiction of Toulon, ruling according to French law