Article 1 of the rental contract stipulates the complete references and contact details of the lessor and the lessee, the chartered vessel, the rental period including the embarkation and disembarkation times, the rental price together with the price of the options and equipment not included, the category of navigation and the number of passengers authorized, the value of the vessel and the amount of the insurance deductible.

 

ART. 2: TERMINATION BY THE TENANT AND CANCELLATION CONDITIONS

a) The period for which this contract has been concluded may only be changed with the lessor’s agreement and within the limits of his possibilities.

b) The amount of the rental will remain acquired by the lessor whether or not the tenant has used the boat during the rental period, whatever the reason for this holiday.

c) Cancellation insurance may be taken out by the tenant for his benefit and at his expense. A copy of this additional insurance contract can be sent to the tenant on request.

d) Cancellation conditions:

i · More than 180 days before departure: reimbursement of deposits paid less €300 for management costs of the lessor, it being specified that this is a contractual clause and not a lump sum indemnity.

ii · Between 180 and 90 days: reimbursement of 50% of the installments paid less €300 for the lessor’s management costs, it being specified that this is a contractual clause and not a lump sum indemnity.

iii 90 days or less: no refund

e) If the boat delivered is not seaworthy, either for lack of an essential safety element, or because it does not comply with the regulations and if the lessor is unable to offer a boat with the same number of berths within 48 hours, the tenant can break this contract and obtain the restitution of the sums paid without being able to claim compensation for damages.

 

ART. 3: TERMINATION BY THE LESSOR

If, for a reason beyond the lessor’s control or as a result of damage during the previous rental, the lessor cannot give use of the boat on the agreed date, he will have the full option either to make available of the tenant within 48 hours of a sailboat with the same number of berths, or to return the sums paid without the latter being able to claim damages. This restitution will be made in proportion to the deprivation of use without the tenant being able to claim payment of any ancillary costs. If the vessel is made available on a basis other than the lessor’s main base, i.e. with the need for the vessel to be conveyed at the lessee’s request, in the event of late delivery for reasons beyond the lessor’s control (unfavorable weather or other) and subject to a 48-hour deductible, the lessor will offer the lessee reimbursement for the days of delay or the extension of the rental period by the same amount or the payment of the costs transport to join the ship where it is, without any other possible compensation. If necessary, the renter may advance transport costs, which will be reimbursed by RM Croisières on presentation of supporting documents.
The failure of any comfort equipment, such as generator, air conditioning, watermaker, etc., which is not essential for navigation or safety, will not entitle the renter to any claim for damages.

 

ART. 4: PAYMENT TERMS

Reservation more than 3 months before departure: 30% deposit on reservation, 2nd deposit of 30% 3 months before departure, balance 1 month before departure

Reservation from 1 to 3 months before departure: 50% deposit on reservation, balance 1 month before departure

Booking less than one month before departure: 100% upon booking

In the event that the payments are not made on the scheduled dates, RM Croisières reserves the right to cancel the rental without the tenant being able to claim any refund.

Mode of payment accepted: visa card, MasterCard, French check, bank transfer. Attention, no check within one month of departure, cash payment in euros is authorized but cannot exceed 50% of the total rental amount

 

ART. 5: VESSEL INSURANCE AND DEDUCTIBLE

The lessor declares that he has taken out an all-risk insurance policy guaranteeing the lessee against damage he may cause to the body of the boat, its accessories and outbuildings, partial or total theft (except annex and HB), misappropriation and recourse third parties for material damage and bodily injury (civil liability). The tenant remains his own insurer up to the amount of the deductible, stipulated in article 1 of the rental contract. A copy of the franchise buyback insurance contract will be sent to the tenant on request. The payment of the main insurance premium is included in the rental price. The loss or theft of the tender and its engine are not covered. In the event of loss or theft of one and/or other of these accessories, the lessee will bear the full cost of the purchase of identical new equipment, during or at the end of its rental. The insurance policy does not cover the persons transported against accidents of which they may be victims.

The lessor disclaims all liability for loss and damage to the lessee’s personal property or which may affect the lessee and his crew. Individual insurance may be taken out by the tenant, for his benefit and at his expense, to cover the risks mentioned above.

Insurers reject any payment for towing / salvage under an L.O.F (Limitation of Funds) clause or other No Cure No Pay document without the prior agreement of the insurers. Insurers.

Special conditions in the event of a regatta (in particular double deductible and deposit, made 7 days before departure by pre-authorization of Visa or MasterCard bank card), contact us.

 

ART. 6: BOAT PICKUP

In any case, the taking over of the boat by the tenant is made when the total amount of the rental has been settled, the contract and these conditions signed, the deposit paid by MasterCard, Visa or cash in euros, the in hand carried out and the inventories signed by both parties. At the latest before departure, the lessee and his skipper are required to give the lessor and/or his central agent a photocopy of their passport. The lessee must communicate to the lessor and/or its central agent a crew list with the full contact details of all the people on board. The lessor must provide the lessee with a boat in seaworthy condition, equipped and insured in accordance with the laws and regulations in force in the country of the lessor. The description of the boat, its fittings and equipment are included in an inventory which must be given to the tenant at the same time as the instructions for the instruments and the ship’s papers.

The lessor undertakes to provide the lessee with a free berth in the port of embarkation on the first and last day of the rental. The signing of the inventory constitutes recognition by the tenant of the good working order and cleanliness of the boat, with the exception of hidden defects. Before departure, the tenant is required to report any absence or imperfection of a security element of the ship that he is supposed to know well since he has the obligation to carry out a complete and meticulous inventory of all the elements of the boat. Before his departure. It is forbidden for the tenant to leave without having been satisfied with the replacement of the insufficient or defective element. Any complaint not made within 24 hours would be inadmissible as not having been presented on time.

 

ART. 7: USE OF THE BOAT – RESPONSIBILITIES – DAMAGES

The tenant must be at least 21 years old at the signing of the contract. Solo sailing is prohibited. The tenant agrees to use the boat “as a good father” and by complying with the regulations of the authorities of the countries visited and in particular customs declarations and payment of customs taxes on arrival and departure from each State visited.

The tenant or the skipper designated on the contract, affirms that he has the knowledge and experience necessary for the planned navigation. He must complete a form summarizing his nautical experience and give it to the lessor and/or his agent. The lessor reserves the right to refuse the provision of the boat if the skipper and/or the crew do not appear to him to have sufficient competence, notwithstanding the references, certificates and permits presented. In this event, the lessee must either accept, at his own expense, the presence of a professional skipper approved by the lessor on board the boat, or see his contract terminated without reimbursement or compensation, or even be forced to remain at the quay for the entire stay bearing the shipping costs. In the event that the presence of a skipper is necessary, the tenant remains responsible for all his acts and those of his crew, in particular when participating in maneuvers, piloting, etc…. As such, the tenant remains liable for the deposit of the deposit.

The tenant agrees to board only the number of people authorized. He undertakes to use the boat only for pleasure boating, to the exclusion of any commercial, professional fishing or transport operation. He undertakes to inform the lessor of any participation in regattas. The lessee expressly releases the lessor from any liability as shipowner or otherwise, due to a transgression of these prohibitions or others, and will respond alone, vis-à-vis the police authorities, customs and services shipping, lawsuits, prosecutions, fines and confiscations incurred by him as a result, even in the event of involuntary fault on his part. In the event of seizure, confiscation or immobilization of the rented boat, the lessee will be required to pay the lessor compulsory contractual compensation, corresponding to the rental rate in force throughout the period when the boat is seized.

The tenant has the obligation to keep a logbook on which must be registered all the indications on the navigation and the report of all incidents and damage relating to the boat and the navigation. It must be left on board at the end of the rental. It is strictly forbidden to sail at night (unless an exemption has been granted by the base manager), to enter and leave an anchorage, a marina or a port at night. Certain areas may also be prohibited to navigation (in particular the windward coast in Martinique), these being specified when handed over by the rental company.

In the event of loss or damage during the rental resulting from normal wear and tear of the equipment, the tenant is authorized to take the initiative for repair or replacement immediately, under his responsibility, provided that its amount does not exceed 10% of the amount of the deposit paid on departure. This expense will be reimbursed to the lessee by the base manager on his return upon presentation of an invoice, if the loss or damage is not due to fault or negligence on the part of the lessee or the persons on board. The lessee must consult the lessor for any repairs exceeding this amount.

In the event that any damage or fortune at sea occurs, the lessee is required to inform the lessor by asking for instructions and to send him by post, telegram, fax or e-mail a detailed claim declaration within a period of 48 hours under penalty of forfeiture. If the tenant does not complete this formality, he may be required to pay all the expenses caused by the damage. The deprivation of use resulting from damage occurring during the rental will not be the subject of any refund, even partial, of the amount of the said rental, whatever the cause of the damage, except if these are not attributable to the tenant. If necessary, a deductible of 48 hours will be applied.

In the event of loss of hotel equipment (linen, bedding, crockery, cookware, cockpit cushions, etc.), the lessor will replace it identically at the expense of the lessee, including shipping costs and import taxes. for the delivery of equipment to the base of departure. A price list for this equipment is available from the rental company.

Before leaving the port at the beginning of the rental, the tenant is required to inform himself of the weather conditions and the state of the sea expected for the first days of the rental. It is recommended that he not go to sea in the event of forecast winds of force 7 Beaufort and more. In this case, the renter must stay close to the port of departure or very close to a shelter along the coast from which he must not stray more than 5 miles. Throughout the rental, the tenant must be constantly attentive to weather reports and refrain from setting sail whenever a wind force 7 or more warning is announced, especially during hurricane periods. In the event of an announcement of a depression, a tropical storm or even a cyclone, the tenant is required to join the marina, the shelter or “cyclone hole” listed as such. In the event of a breach of these safety rules, the total responsibility for any damage or loss would fall on the tenant. Subletting or lending is strictly prohibited.

 

ART. 8: RETURN OF BOAT AND DEPOSIT

The tenant is required to return to port within the time limits stipulated by this contract, unless there is a subsequent amicable agreement confirmed in writing. Upon his return, the tenant must report his presence to the base manager and make an appointment for the contradictory inventory. The inventory time is an integral part of the rental period provided for in the contract. Each day of delay will entitle the lessor to double the daily price of this rental regardless of the cause of the delay. Bad weather can not be invoked as a valid reason, the skipper must take all measures to deal with this eventuality. It is nevertheless forbidden for the skipper to set sail in the event of announced winds of force 7 beaufort or more to reach the ship’s return base. In this case, the tenant must contact the rental base which will give him any instructions. If for any reason the lessee is unable to bring the boat back to its designated port himself, he must, at his own expense and risk, guard it and have it brought back by a qualified attendant after having notified the lessor or his representative. The rental will end only after the return of the boat to the lessor under the conditions set out above. The tenant must return the boat in good working order and cleanliness. If its condition is satisfactory, the deposit will be returned to the tenant at the latest within one month after the handover of the boat. If a deterioration or loss of both the boat and an accessory appearing in the inventory is noted, the tenant is required to pay for the repair or the identical new replacement. For this purpose, a collection without notice of the deposit may be made. In the event of a claim covered by boat insurance, reimbursement of the deposit will be deferred until the claim has been fully settled by the insurance company, after deduction of the deductible and any incidental costs resulting from the claim.

 

ART. 9: CONSUMABLES

The boat is delivered with full tanks of water, diesel, cooking gas and gasoline for the HB engine. All consumables during the charter are the responsibility of the tenant and he must return the vessel with full water and diesel fuel.

 

ART. 10: COLLECTION OF DEPOSIT

At the end of the rental, all sums due by the tenant must be paid at the base, before the departure of the tenant. In the event of a claim, deterioration or loss, the lessor is expressly authorized to cash the deposit without notice and without the tenant being able to oppose any exception whatsoever. After said collection, the lessor or his agent will send the lessee any balance due to him.

 

ART. 11: DISPUTES

Any dispute concerning this contract will be within the jurisdiction of the jurisdiction on which the head office of the renting company depends.

 

ART. 12: The information contained in article 1 of this contract and concerning the tenant is likely to be integrated into the computer files of

RM CRUISES. In accordance with the so-called “Informatique & Libertés” law of January 6, 1978, the tenant has the right to access and rectify the information concerning him contained in these files.