Version Française

LOCATION

VILLA & BOAT

THE SEYCHELLES



Terms and conditions

Article 1 - Booking contract
Payments must be made as follows: 30% at time of booking; full balance including optional costs, 60 days before departure.

Article 2 - Cancellation - Cancellation Insurance - Assistance
Confirmation of cancellation must be sent by post to the ship owner. If the cancellation is more than 60 days prior to departure, the amount of the down payment as per the contract remains the property of the ship owner. If the cancellation occurs between 60 to 30 days prior to departure, 50% of the contracted amount remains the property of the ship owner. A cancellation assistance policy is available upon request.

Article 3- Cancellation by the charterer
A - The period for which the contract has been signed can only be changed with prior agreement with the ship owner.
B - The down payment will remain the property of the ship owner if the charterer requests the cancellation of the contract for whatever reason.
C - The amount paid for the charter will remain the ship owner's property, whether the charterer used the boat or not during the chartering period that has been booked, for whatever reason.
D - A cancellation insurance can be arranged to cover the risks mentioned above in paragraphs B and C. A copy of the insurance contract can be sent to the charterer upon request.
E - If the boat is deemed not to be in good sailing condition, either by essential lack of safety, or in accordance with the rules, and the ship owner is not able to offer a boat of similar or higher standard, the charterer can break the contract and obtain a refund of the amounts paid and the costs implied excluding damages.

Article 4 - Cancellation by the ship owner
If the ship owner or its representative are unable provide the boat at the given date, for whatever reason, the charterer will be offered either a boat of similar or higher standard offering the same number of bunks, or will be reimbursed the paid amounts to which will be added the cost of accommodation suffered by the charterer excluding any claim to damage. This reimbursement will be made proportionally to the number of days where the boat will not be available.

Article 5 - Boat insurance and excess
A - The ship owner declares he has subscribed to an all inclusive insurance policy that will cover the charterer *in case of any damage to the body of the boat, her accessories and dependencies, in case of theft or hijacking or partial theft and engine
*for a third party recourse for material damage and body damage (public liability).
B - The payment of the insurance premium is included in the cost of the charter.
C - The insurance policy does not cover the persons travelling onboard the boat in the event of an accident.
D - The ship owner declines responsibility for the losses and damages regarding the personal goods of the charterer or any damage that could affect the charterer and his guests. Individual insurance policies for the persons travelling onboard the boat can be obtained by the charterer at his own costs and own benefit to cover the risks mentioned in paragraphs C and D, excess and deposit 3000€.

Article 6 - Taking delivery of the boat
A - In all cases, the delivery of the boat by the charterer will take place once the balance of the cost will have been paid, including the down payment and the inventory of the boat has been completed and signed. The boat owner must provide the charterer with a boat in proper sailing conditions, equipped and insured in accordance with the law and the rules dictated by the competent authorities for the sailing category she belongs to.
B - The description of the boat, of her equipment and commissioning will be written on an inventory that must be given to the charterer at the same time than the official board of instruments, documents and mandatory nautical material, registering as French and the safety title of the ship.
The charterer has 24 hours from taking delivery of the boat to check the good sailing order of the boat and her equipment. The ship owner commits to provide the charterer with a free mooring in the harbour on the day of boarding. The signature of the delivery is proof of agreement that the boat is in good sailing conditions and clean except for hidden defect.

Article 7 - Use of the boat - Responsibilities - Damage
A - The charterer commits to use the boat as a responsible person and in accordance with the Maritime Affairs', Customs, French Police's and visited countries rules. Any charterers under 18 years of age must provide written authorisation from their parents or legal guardian.
B - The charterer confirms he possesses the necessary skills and knowledge for the sailing he intends to do as well as the licenses required by the Maritime Affairs for the skippering of these boats.
C- The ship owner or his representative has the right to refuse the charterer access to the boat if the captain or the crew deem the charterer unable to effectively manage the boat, regardless of any references, diplomas or licenses provided.. In that case, the charterer will have to either accept the cost of a professional skipper, or see his contract cancelled and the sums paid reimbursed, minus administration charges, thus with no recourse for any of the parties to claim damages.
D - In any event, in case a professional skipper was hired for the good use of the boat, the full responsibility of the boat and of her crew remains the charterer's when he or a member of his crew is at the helm.
E - The charterer agrees to take onboard the authorised number of persons, to only use the boat for leisure sailing except for all commercial operations, professional fishing, transport, regattas or other. The charterer frees the ship owner of any responsibility in his role of ship owner or other if he fails to respect these rules and will be solely responsible to Maritime services and customs for any lawsuits, pursuits, fines and confiscation, even in case of non-voluntary fault from his part. In the event that the chartered boat is seized, the charterer will be obliged to pay a mandatory contractual allowance matching the amount of the charter rate as per the going rate and will be required to reimburse the value of the boat within 8 days.
F - The charterer is responsible for the logbook and a copy is supplied by the ship owner or his/her representative. This document must be used as a record of sailing and logging of incidents or damage linked to the boat during the charter.
G - In the event of loss or damage during the sail and as a result of the normal wear and tear of the material, the charterer may initiate repair or replacement, as long as the amount does not exceed 10% of the initial deposit. These expenses will be reimbursed upon his/her return, on presentation of the invoice. If the damage or loss is not due to a fault of negligence of the charterer or of the people onboard. The charterer must contact the ship owner for any repair above that amount.
H - In case of specific damage (dismasting, water leak, fire, etc…) the charterer is required to immediately notify the ship owner,his/her representative and insurance broker and await further instructions., For insurance purposes the charterer will be required to provide a written report produced by a damage commissioner . In the event that the charterer does not produce a report the he/she may be liable for the full cost of damage.
I - The privatisation of the usage following the damage that occurred during the current charter won't be a cause for any reimbursement, even in part, of the amount of the so-called charter no matter the reason for the damage, except if it is not ascribable to the charterer. Even in that case, a 48 hour excess will be applied.
J - Sub-renting and loan are rigorously forbidden.
K - Animals (dog, cat, etc...) are forbidden onboard the boats.

Article 8 - Returning the boat
A - The charterer is required to return the boat at the agreed harbour in the agreed timeframe as documented in the contract Upon return, the charterer is required to notify the ship owner or his/her representative aware of his return and arrange a meeting for the final inventory and inspection of the boat. During the inventory and inspection all passengers and their luggage will have disembarked The charterer will have free mooring in the harbour to disembark the boat at the planned date. The time needed for the cleaning and the inventory is part of the chartering time as agreed on the contract.
B - it is the boat captain's responsibility to return the boat on the designated day. For each late day return, for whatever reason (including bad weather) the ship owner has the right to be paid an allowance equal to twice the daily cost of the charter.,
C - If the charterer is unable to return the boat back to her designated harbour destination, he is liable for any costs for the return to the designated harbour including qualified skipper and insurance costs. The charter will only end after the boat has been given back to the ship owner as per the conditions described above.
D - The charterer must return the boat and her equipment in clean and good sailing order.

Article 9 - Consumables
The charterer is responsible for payment of: the engine's fuel, lubricants, candles, gas for the kitchen, batteries, eventual tolls in harbours, eventual repairs and in general, any consumable necessary for the running and maintenance of the boat for the length of the charter.

Article 10 - Disputes
Both parties signing the contract can submit their differences about the application of the hereby contract to a third party commission that will emanate from the organisation of the charter management. In case no solution is found, the jurisdiction attribution would be expressly done to the courthouse of Chalons en Champagne. In case of a dispute, the French version of the contract hereby will prevail.

Article 11 - Air Freight
In case of non-respect of the timings, of change of company, of cancellation of flights or any other event linked to the air travel, the ship owner or his/her representative are not held responsible. In case of a change in dates, names of the passengers, or cancellation, please call our travel agency confirm the applicable conditions regarding your transport tickets.