GENERAL TERMS AND CONDITIONS OF THE A&C YACHT CHARTER RENTAL CONTRACT
Article 1: Definition
The purpose of the present contract is to make a boat without a crew available for rental. In the first page of the contract, in the specific conditions, the following information is indicated: the identity of the rental company, agency or owner, the name and model of the boat, the rental rate and the rental period. The signature of the client on this document is taken as acceptance of the current terms and conditions.
Article 2: Means of payment
Payment of the rental is carried out in two stages. The client must pay a deposit of 50% upon signature of the current contract in order to validate the booking. The balance of 50% is due one month before embarkment (unless a special agreement has been noted in the contract).
Article 3: Taking charge of the boat
The description of the boat and of her equipment and rigging is listed in detail in an inventory which must compulsorily be given to the client at the same time as the obligatory nautical documents and material, as well as the vessel's registration deeds. The client has 24 hours from taking charge of the boat to verify the good condition of the boat and of her equipment. The signing of the inventory constitutes acknowledgement by the client of the good working order and cleanliness of the boat, with the exception of any hidden defects.
- A security deposit, the amount of which is noted in p1 of the contract, must be deposited with A&C Yacht Charter. This can be done by means of a bank credit card imprint, where the sum is blocked but not debited from your account, and you may need to contact your bank to authorise such a transaction. It may be debited by A&C Yacht Charter, in the case of a claim, for the amount corresponding to that of the damage done.
-Taking charge of the boat by the client is done once all the following formalities have been carried out: the balance has been paid, the contract duly filled in and signed, the guarantee deposit paid and the inventory signed.
- The boarding is done in the evening (generally at the arrival of the plane), and the handing-over the next morning, after the tenant has completed his inventory.
Article 4: Use of the boat
- The client agrees to use the boat in a sensible and responsible manner as well as conforming to the Maritime, Customs and Police rules and regulations of the various countries visited.
- The client agrees to use the boat exclusively for leisure navigation, under current law, and for no commercial operation, professional fishing, transport or regatas whatsoever.
- Sub-letting or lending of the rented boat are strictly forbidden
- The client agrees to embark only the authorised number of passengers.
- The presence of animals on board is not allowed.
- The client must be aware of the category of navigation and construction of the vessel as well as the authorised navigation zones.
- The client is responsible for the upkeep of the ship's log, an example of which is provided by the rental agency. All indications about each navigation and details about any incident or accident relating to the boat and to the navigation must be written in this log.
- In the case of serious damage (unmasting, flooding, fire...), the client is responsible for informing the rental agency immediately and asking for instructions. While awaiting these, the client is obliged to establish an assessment carried out by a qualified maritime expert in order to obtain reimbursement for the sums involved from the insurance company. In the event that this formality is not carried out by the client, he or she could be held responsible for paying the entirety of the expenses incurred by the damages.
- The loss of use of the boat following any damage caused during the present rental period will not be the object of any reimbursement at all, not even partial, whatever the cause of the damage (unless this was in no way whatsoever attributable to the client).
- In the event where a skipper has been hired by the client, even if he or she has been recommended for the ease of use and good functionning of the boat by A&C Yacht Charter, the overall responsibility of the boat and her crew is borne by the client.
Article 5: Obligation of the rental agent
-The rental agency must deliver the boat to the client in a condition apt for navigation and equipped conforming to current laws and regulations.
- The rental agent is not obliged to check the competence attested by the client however he or she reserves the right to impose a professionnal skipper, at the client's expense, if he or she judges the competence of the crew to be insufficient for the planned navigation.
Article 6: Responsibility of the rental agent
- As soon as he or she has taken charge of the boat, the client acquires jurisdiction of the vessel and is, henceforth, wholly responsible for damage caused to passengers aboard, to third parties as well as to the boat herself.
- Upon signature of the present contract, the client guarantees the ability to sail the boat or to have her sailed by at third party. Upon request by the rental agent, the client must provide a nautical cv, detailing his or her maritime experience. The client must be over the age of 21 on the day of signing.
- In the event of the boat being confiscated, seized or immobilised while in the hands of the client, he or she is required to pay a sum to the rental agency for the period when the boat is unavailable. The client agrees to compensate the agency for the business loss caused by any delay in returning the boat or if the boat is returned in a port other than that initially planned on. The client alone is responsible for any offences committed during the rental period.
Article 7: Returning the boat
- The client is required to return within the time period stated in the present contract, unless there is a written agreement to do otherwise. Upon his or her return, the client must inform A&C Yacht Charter and make an appointment to go through the inventory and for the boat inspection – the boat must have been emptied of all baggage and occupants beforehand.
- The client is required to return the boat and its equipment clean and in good working order. If these conditions are deemed to be satisfactory, the guarantee deposit will be released within one month after the date of return at the latest.
- The cleaning period (washing up done, fridge cleaned and emptied, bins emptied, bed linen removed from the beds and collected...) and checking of the inventory are included in the rental period stated in the contract.
- Every day of delay will give rise to a compensation payment by the client, whatever the cause of the delay. Bad weather is not a valid reason, the skipper must take this into account when planning his or her navigation.
- If any loss or deterioration is noted, whether it be to the boat or to any accessory mentioned on the inventory, the client must pay reimbursement or must make an identical repair. If necessary, a debit may be made to the guarantee deposit.
- The rental agency can reclaim from the client payment for the totality of expenses incurred if the boat has been deliberately damaged or neglected, even if this sum is above the guarantee deposit, without prejudice to any claim against the client.
Article 8: Cancellation by the rental agency
In the event that the rental agency is unable to provide the boat on the arranged date, whether following damage during a previous rental or whether due to circumstances beyond their control, A&C Yacht Charter agrees to put a equivalent boat and possessing the same number of berths at the disposition of the client, or otherwise to reimburse sums paid by the client, without the latter making any claim for damage or interest. This reimbursement will be paid based on the number of days loss of use.
In addition, in case of cancellation, A&C Yacht Charter will fully reimburse the client of the amount paid, without making any claim for damage or interest.
Article 9: Cancellation or modification by the client
- The rental period stated in the present contract can only be changed by a written agreement from the rental agent or owner, and depending on availability.
- In any event, any service unused by the client and for whatever reason, will not give rise to a reimbursement.
- The client may cancel the present contract by paying the following sums due: 50% of the rental cost for a cancellation more than 1 month before departure and 100% of the rental cost for any cancellation less than a month before departure.
Article 10: Insurance of the boat and insurance excess
- A&C Yacht Charter agrees to only propose sailing boats having a fully comprehensive insurance policy guaranteeing the client from damages that he or she could commit to the body of the boat, to her accessories or equipment; to partial or total theft of the main engine (excluding the outboard and dinghy engine). The client remains responsible for his or her own insurance for the excess amount and/or for the guarantee, for third party cover for material damage and personal injury.
The tenant can, if he wishes, subscribe to a buy-back insurance with a specialized company such as Ouest-assurance or Pantaenius
- In general, the following are excluded from nautical insurance contracts: accident, damage or loss of any kind affecting any person and their possessions aboard the rented boat. Any fines or penal sanctions incurred while the boat is under the responsibility of the client. Damage, loss, third party cover and expenses incurred as a result of intentional or inexcusable fault, towing charges due to a navigational error, deliberate flaunting of security or navigation regulations, violation of stops or navigation restrictions, towing, actions of any member of the crew on land, criminal use of the boat, her equipment or dinghys, navigation while under the influence of alcohol, drugs or medication that might affect awareness or the capacity to react, the use of the boat for means other than personal enjoyment, exceeding the agreed number of passengers on board, navigating outside authorised zones, navigating at night, misleading or false declarations as well as any malicious act carried out with the compliance of any person on board.
From 15 June to 30 November, the geographical limits are from 15° Latitude North to 8° Latitude North.
Article 11: Litigation
All parties agree specifically to try to settle any differences in an amiable manner.
If an amiable agreement is not reached, all parties agree to submit to litigation by the authorised juridiction of the country in which the cruise took place. Litigation relating to the present booking contract must be submitted to the Tribunal de Commerce at Fort de France, Martinique.