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.