Art. 2 – CANCELLATION BY THE LESSEE A. The period for which the present contract has been agreed can only be altered with the Lessor’s agreement and insofar as it falls within this latter’s possibilities.
B. The deposit shall remain the Lessor’s property if the Lessee requests cancellation of the contract for whatever reason.
C. The amount of the lease shall remain the Lessor’s property, whether the Lessee has used the boat or not during the rental period, whatever the reason for the vacancy.
D. Whatever the situation, if the Lessor is able to re-rent the reserved boat, he shall refund all down payments made, minus the amount due for administrative tasks.
E. The Lessee may take out a cancellation insurance, for his own benefit and at his own expense, in order to cover the risks stated in § B and C. A copy of these contracts can be sent to the Lessee on simple request.
F. If the delivered boat is not seaworthy, either due to the lack of an element essential to the boat’s safety, or because it does not comply with the regulations, and if the Lessor is not in a position to propose a boat with equivalent or greater specifications, then the Lessee can break the present contract and demand the refund of all amounts paid and expenses committed, without forasmuch the ability to claim damages.
Art. 3 – CANCELLATION BY THE LESSOR In the event that, following damage having occurred during the previous rental period or following difficulties independent of his own free will, the Lessor was unable to provide the boat on the agreed date, he shall be obligated to either provide the Lessee with a boat of similar or greater dimensions, with the same number of berths, or to refund any amounts paid, without forasmuch being liable for damages. This refund shall be made in proportion to the number of days of loss of enjoyment.
Art. 4 – BOAT INSURANCE AND EXCESS The Lessor declares to have taken out an insurance policy guaranteeing the Lessee, - for any damage that this latter may cause to the body of the boat, its fittings and accessory structures, for total theft and misappropriation, for partial theft and the motor. The Lessee remains his own insurer for the excess amount. – against any legal action from third parties concerning material damage and injury (civil liability).
A. The payment of the insurance premium is included in the rental price.
B. The insurance policy does not guarantee the persons carried on board the boat against any accidents that they may have. C. The Lessor is freed of all responsibility for loss or damage concerning the Lessee’s personal goods, At his benefit and risk to cover the risks stated in § C.
Art. 5 – COLLECTION OF THE BOAT A. Under all circumstances, the boat is deemed to have been collected by the Lessee once the balance of the price has been paid, the down payment made and the inventory signed. The Lessor must provide the Lessee with a seaworthy boat, fitted and insured in accordance with the laws and regulations defined by the competent authorities for the intended sailing category.
B. The description of the boat and of its various equipment elements and fittings are listed on an inventory that must be issued to the Lessee along with the official table of instruments, required documents and nautical equipment, along with the craft’s changing of flag document and safety certificate. The Lessee has 24 hours from collection to check the boat’s condition, along with that of its equipment. The Lessor undertakes to provide the Lessee, free of charge, with a berth in the port of shipment on the day of shipment. Signing of the collection document is deemed to be a acknowledgement by the Lessee of the boat’s good operating condition and cleanliness, with the possible exception of latent defects.
Art. 6 – USING THE BOAT – RESPONSIBILITIES – DAMAGE A. The lessee undertakes to use the boat in a prudent manner and in compliance with the rules and regulations Maritime Affairs, Customs and the Police of France and of any countries visited. Nighttime navigation is prohibited, unless otherwise stated in writing by the Lessor. Underage lessees must be able to provide a written authorization signed by their parents or guardians.
B. The lessee confirms that he possesses the required knowledge and experience for the intended type of navigation, along with all permits required by Maritime Affairs.
C. The Lessor withholds the right to refuse to provide the boat if he considers that the skipper does not seem to possess the required expertise, despite the references, certificates of competency or permits presented, or for any other reason of which he is sole judge. If this were the case, the lessee must either accept the cost of a professional skipper, or see his contract terminated and any amounts paid returned, minus any administrative costs, without either party being able to claim damages.
D. Under all circumstances, if a professional skipper is hired to sail the boat, he would be under the lessee’s entire responsibility.
E. The lessee undertakes to board only the authorized number of persons. He undertakes to use the boat for pleasure sailing purposes only, excluding all trade operations, professional fishing, transport, regattas or other. The lessee expressly discharges the Lessor from all responsibility, as owner or other, if these prohibitions are not complied with and shall be sole answerable to Maritime Affairs and Customs, for any lawsuits, fines and forfeitures, even in the event of an involuntary fault on his behalf. In the event of seizure of the rented boat, the lessee must pay the Lessor a contractually defined flat rate compensation.
F. The lessee is responsible for holding the boat’s log, of which a copy is provided by the lessor. This document is used to enter all navigation-related information, along with any navigation or boat-related incidents or damage.
G. In the event of loss or damage, during rental, resulting from normal equipment wear, the lessee is authorized to make the immediate decision, under his own responsibility, to make the necessary repairs or replacements, on condition that the amount does not exceed 10% of the initial down payment. This disbursement will be refunded on the lessee’s return, on presentation of the invoice, if the damage or loss is not due to the negligence of the lessee or of the people on board. The lessee must obtain the lessor’s prior authorization for any repairs exceeding this amount.
H. In the event of serious damage (demasting, leak, fire, etc.), the lessee must immediately inform the Lessor and insurance broker, requesting instructions. While awaiting these instructions, the lessee must commission a damage surveyor to establish a report in such a manner as to obtain the related refund from the insurance policy. If this procedure were not performed by the lessee, he may be held responsible for the full amount of expenses caused by the damage.
I. The loss of enjoyment caused by the damage occurring during the present rental period shall not, under any circumstances, give rise to a refund, whatever the cause of this damage, unless if they are not ascribable to the lessee. Even in this case, a 48h excess period shall be applied.
J. Sub-letting and lending are strictly prohibited.
Art. 7 – RETURN OF THE BOAT AND OF THE GUARANTEE A. The lessee must return to the designated port within the period stated in the present contract, unless otherwise amicably agreed and confirmed in writing. On return, the lessee must notify the owner, or his representative, of his presence and must make an appointment for drawing up the inventory and inspecting the boat, this latter being previously emptied of all luggage and occupants. The lessee is provided with a free berth in the port of discharge and on the scheduled return date. The time required for cleaning and the inventory are integral to the rental period stated in the contract.
B. Each late day shall give the Lessor right to a compensation equivalent to twice the daily price of the present lease, and this whatever the cause of the delay: adverse weather conditions will not be considered as a valid reason for the delay, the skipper being responsible for taking the necessary steps in good time to compensate for this possibility.
C. If, for whatever reason, the lessee is not in a position to return the boat himself to the designated port of discharge, he must, at his own risk and expense, have it guarded and returned by a qualified carrier, after having informed the Lessor. The lease shall terminate only once the boat has been returned to the owner according to the above-mentioned terms.
D. The lessee must return the boat and its equipment in good operating condition and clean. If the boat’s condition on return is deemed satisfactory, the guarantee is returned to the lessee within one month at the latest after the date of boat return.
E. If the boat is not returned in a perfect state of cleanliness, then all cleaning costs will be borne by the lessee according to the flat rate defined in Art. 1.
F. If damage or loss, either of the boat or of one of its fittings, is observed, the lessee must pay for the necessary repairs or replacement with an identical element. In this respect, amounts may be collected from the guarantee payment.
G. If the damage or loss is the result of a disaster covered by the insurance policy stated in
Art. 4, the refund of the guarantee shall be delayed until such time as payment is received from the insurance company for the repair and/or replacement bills. Refund shall be made following deduction of the excess and of all related expenses caused by the disaster (fax, telephone, travel, reports, guarding, etc.).
Art. 8 – CONSUMABLE MATERIALS The following expenses are to be borne by the lessee: Motor fuel, lubricants, spark plugs, kitchen fuel, batteries, toll fees and servicing costs, along with all other consumable materials required for the correct operation and maintenance of the boat throughout the duration of the lease.
Art. 9 – CONTENTION In the event that no amicable solution should be found, jurisdiction shall be expressly assigned to the Fort de France Courts.