GENERAL RENTAL CONDITIONS
ARTICLE 1: THE RENTAL CONTRACT
The rental contract must specify the quality and address of the lessor and the tenant, the type of boat reserved, the rental period, the number of passengers authorized, the rental price, the amount of the deposit.
ARTICLE 2 – BOAT INSURANCE
a- The lessor declares to have taken out an insurance policy, guaranteeing the lessee against damage he could commit to the body of the boat, its accessories and outbuildings, total or partial theft, as well as the recourse of third parties for material damage and for bodily injury (civil liability). The tenant remains his own insurer up to the amount of the deposit.
b- In the event of theft or loss of the tender and / or its outboard motor, the tenant will have to bear all the costs of buying back the equipment.
c- The payment of the insurance premium is included in the rental price.
d- The insurance policy does not guarantee the persons transported on the boat against accidents of which they could be victims, except in the event that the lessor is held liable (defective equipment, etc.).
e- The lessor disclaims all liability for loss or damage concerning the lessee’s personal property or that may affect the lessee or his guests. Individual insurance for the persons transported may be taken out by the lessee, for his benefit and at his expense, to cover the risks mentioned in paragraphs b, d and e.
ARTICLE 3 – TERMINATION BY THE TENANT
a- During the “Covid-19 period” all reservation cancellations are accepted and the deposit refunded within 15 days to 1 month (information visible on our website).
b- Outside the “Covid-19 period”, the period for which the contract was concluded may only be changed with the agreement of the lessor and to the extent of its possibilities.
The deposit will be returned under the following special conditions: cancellation fee of 30% of the invoice amount up to 70 days before departure, cancellation fee of 50% of the invoice amount 70 to 30 days before departure, cancellation fee of 100% of the invoice amount less than one month before departure.
c- The rental amount will remain with the lessor, whether or not the lessee has used the boat during the rental period, whatever the reason for this vacancy.
d- If the delivered boat is not in seaworthy condition, either for lack of an essential safety element, or because it does not comply with the regulations and if the rental company is not able to offer a boat of equal or superior characteristics within 48 hours of the planned embarkation date on board, the lessee may terminate this contract, he will be reimbursed for the total amount of the rental of the boat, without being able to claim compensation for damage and interest. During the 48-hour franchise, the lessor agrees to accommodate the lessee on board another unit, without the lessee being able to claim support for ancillary costs.
ARTICLE 4 – USE OF THE BOAT – RESPONSIBILITIES
a- The tenant agrees to use the boat with due diligence and in compliance with the Maritime Affairs, Customs and Police regulations of the countries visited. It is recalled that navigation in the Antilles is particularly regulated and that the lessee is liable for customs taxes (clearances) when he arrives and leaves a new State. Failure to comply with all or part of these procedures results in the drafting of a report by the competent authorities with payment of a fine, which must be honored by the tenant even if the receipt of the report takes place after the end of the the rental period.
b- The tenant must be at least 18 years old.
c- The lessee must, if the lessor so requests, complete a “nautical resume” “form including a description of your maritime experiences. He says he has the knowledge and experience to complete his cruise project.
d- The lessor reserves the right to refuse the provision of the boat if the skipper or the crew does not appear to have sufficient competence, notwithstanding the references, certificates or licenses presented, or for any other reason for which he is the sole judge. In this case, the tenant must accept the presence of a professional skipper on board and bear the additional financial burden or suffer the cancellation of his reservation without any refund or even be prohibited from going out to sea for the entire duration. of the contract with invoicing of the berth. All these arrangements being made without either party being able to claim damages.
e- When the lessee calls on the service of a professional skipper, he is responsible for the smooth running of the boat and for any problems inherent in his intervention. On the other hand, the lessee remains responsible for all his actions and those of his crew, particularly when participating in maneuvers. As such, the tenant remains liable for the deposit of the deposit.
f- The tenant agrees to embark only the number of people authorized. He will use the boat only for pleasure navigation. Commercial operations, professional fishing, transport, regattas are not authorized (except authorized by SARL NAVEA).
Subletting and lending are strictly prohibited. The lessee expressly releases the lessor from any liability as shipowner or otherwise, due to a breach of these prohibitions and will respond, alone, vis-à-vis the Maritime and Customs Services, lawsuits, prosecutions, fines and confiscation incurred. by him on this account, even in the event of involuntary fault on his part. In the event of the seizure of the rented boat, when its liability will be engaged, the tenant will be required to pay the lessor a mandatory contractual indemnity, corresponding to the rental rate in force for the entire duration of the seizure. In the event of confiscation, when his liability is incurred, the tenant will be required to reimburse the insurance value of the boat within 8 days.
g- In the event of damage during the rental resulting from normal wear and tear of the equipment, the tenant is authorized to take the initiative for the repair or replacement immediately, under his responsibility, provided that the amount does not exceed not 10% of the amount of the deposit paid on departure. This disbursement will be reimbursed on its return, on presentation of the invoice by SARL NAVEA, if the damage or loss is not due to fault or negligence on the part of the tenant or the persons on board. The tenant must consult the lessor for any repairs exceeding this sum.
h- In the event of serious damage, water leakage, fire, etc., the tenant is required to urgently notify the landlord asking for instructions. He must establish a sea report and possibly have a report drawn up by a damage commissioner. These documents are necessary for the intervention of the insurance company. In the event that the tenant does not complete these formalities, he may be required to pay all of the expenses caused by the damage.
i- The loss of use resulting from damage occurring during the present rental will not be subject to any reimbursement, even partial, of the amount of the said rental, whatever the cause of the damage, unless they are not attributable to the tenant. Even in the latter case, a 48 hour deductible will apply.
j- Entering and leaving an anchorage, a marina or a port are strictly prohibited at night.
k- In a hurricane period, the tenant is required to respect the usual rules: daily consultation by VHF of the local weather forecast. In the event of an announcement of a depression or a tropical storm, the tenant is required to reach the nearest marina or one of the shelters classified “” cyclone hole “” and listed in the nautical guides. Any breach of these rules, would entail the total responsibility of the tenant.
ARTICLE 5 – TAKING CHARGE OF THE BOAT
a- The taking charge of the boat is effective when the balance of the price has been paid, the deposit paid, the inventory and its appendices of handover and the report of the condition of the boat signed with the lessor. The lessor must deliver to the lessee a boat in seaworthy condition, equipped and insured in accordance with the laws and regulations issued by the competent authorities for the category of navigation provided.
b- The description of the boat and the items of equipment and equipment is included in an inventory which must be given to the lessee at the same time as the obligatory documents and nautical instructions, the deed of francization and the security document of the ship. The tenant has 24 hours from the date of his taking charge to check the good condition of the boat and its equipment. The lessor undertakes to provide the lessee with a free berth in the embarkation port on the day of departure. The signature of assumption of responsibility constitutes recognition by the tenant of the good working condition and cleanliness of the boat with the exception of hidden defects.
c- The tenant agrees to respect the authorized navigation zone, the Caribbean zone, excluding the Territorial Waters of Puerto Rico and the United States of America.
The Caribbean area is defined by the following coordinates: NORTH: Tropic of Cancer SOUTH: 10 ° North WEST Latitude: 68 ° West Longitude EAST: 55 ° West Longitude. The tenant agrees not to leave the port or the anchorage if the wind exceeds force 6 on the Beaufort scale, or if a wind of this force is expected, if the port authorities have prohibited all navigation, if the boat is damaged and not repaired, and if all vital equipment such as the engine, bilge pump, mooring gear, navigation lights, compass, safety equipment etc. are not in good working order, if the Fuel reserves are insufficient if, in general, the weather conditions, the condition of the boat and / or its crew, represent a danger for the boat and its crew. The tenant agrees not to navigate at night. The lessee undertakes to keep the logbook up to date by recording the port of destination, the condition of the boat and its equipment, any change in the composition of the crew, its successive positions, the conditions. weather and engine running hours. The lessee undertakes to comply with the navigation and routing instructions which may be transmitted to him by the lessor, in particular in the event of bad weather.
ARTICLE 6 – RETURN OF THE BOAT AND THE DEPOSIT
a- The tenant is required to return to the designated port within the time limits specified in the rental contract, unless a subsequent amicable agreement is specified in writing. Upon his return, the lessee must report his presence to the lessor and make an appointment for the inventory and inspection of the boat, the latter having first been emptied of all its luggage and occupants. Cleaning and inventory times are an integral part of the rental period provided for in the contract.
b- Each day of delay will entitle the lessor to compensation equivalent to double the daily price of this rental regardless of the cause of the delay. Bad weather cannot be invoked as a valid reason, the skipper having to make all his arrangements in good time to deal with this eventuality.
c- If, for any reason, the lessee is unable to return the boat himself to his designated return port, he must notify the lessor as soon as possible, who will make the necessary arrangements for the repatriation of the boat. , all the costs inherent in the tenant’s default will be invoiced to him with a deduction from the amount of the deposit without deductible limit, this risk not being covered by the insurance.
d- The tenant is required to return the boat and its equipment in good working order and cleanliness. If the boat is returned in an unusually dirty state, additional cleaning costs may be charged.
e- If the state of restitution is satisfactory, the deposit is returned to the tenant; a maximum period of one month after the date of the return of the boat is authorized for the return of the deposit.
f- If a deterioration or loss, both of the boat and of any accessory appearing in the inventory is noted, the lessee is required to pay for the repair or replacement by the same. For this purpose, a deduction from the deposit may be made.
g- If the deterioration or loss results from a claim covered by the insurance policy provided for in article 2, the reimbursement of the deposit will be deferred until payment by the insurance company, of the repair invoices and / or replacement. The reimbursement will be made after deduction of the deductible provided and any incidental costs that could have been caused by the incident (travel, reports, guarding, towing, abandonment in another port, etc.)
ARTICLE 7 – CONSUMABLES
The boat is delivered with full fuel, water, cooking gas and gasoline for the outboard motor. All consumables during the cruise are the responsibility of the tenant and the boat and the tender must be returned with a full tank of diesel.
ARTICLE 8 – DISPUTES
In the event of a dispute, jurisdiction will be expressly granted to the Commercial Court of Fort de France.