Terms of Service
GENERAL RENTAL CONDITIONS
Article 1: PARTS OF THE CONTRACT:
Between the undersigned: The lessee, skipper, The lessor: LOUXOR CATAMARAN SARL, 357 RUE DES REMPARTS, 34400 LUNEL.
RCS N° 919 393 173 MONTPELLIER Tel: 06 95 57 35 83, acting as owner.
Article 2: TERMINATION OF THE CONTRACT BY THE LESSOR:
If, following damage occurring during the previous rental or an independent impediment to
his will, the lessor cannot give the enjoyment of the designated boat on the agreed date, the sums paid are returned without the lessee being able to claim damages or interest.
Article 3: TERMINATION OF THE CONTRACT BY THE TENANT:
The amount of the rental remains acquired au lessor, whether or not the tenant has used the boat during the rental period, and whatever the reason for this vacancy. The period for which the contract was concluded may be moved at the request of the lessee within the possibilities of the lessor's schedule.
If the lessee renounces the rental and terminates the contract with the lessor, the collection of cancellation fees will be made under the following conditions.
− For a cancellation request made more than six months before the start of the rental, only the administrative costs will be due to the lessor, for a lump sum of 120 euros.
− -If this request is made less than six months before the start of the rental, the installment(s) paid and/or due pursuant to article 1 above will be acquired by the lessor.
− However, if the latter manages to re-let the reserved boat, for the same period, he will reimburse
the totality of the installments minus the amount of the administration fees.
TERMS AND CONDITIONS :
ARTICLE 3-1: INFORMATION OF THE TENANT AND CONDITIONS OF BOOKING AND TERMINATION
Article 3-1: Information of the tenant and reservation:
The lessee acknowledges that the lessor has fulfilled his obligation to inform, as set out in articles L. 111-1 and L. 113-3 of the Consumer Code, as to the essential characteristics of the vessel, with regard to the skills declared by the lessee with regard to the crew intended to come on board and the type of navigation envisaged.
Article 3-2: Termination by the tenant:
The tenant can terminate this reservation within 30 days preceding the rental by registered letter, without it, the contract is confirmed by the tenant. If within the deadlines provided for in the schedule, as established in article 5 of the special conditions, the amount or amounts due have not been paid, the contract will be considered terminated solely at the fault of the tenant. All sums paid to the lessor will be automatically acquired by him, as compensation for termination, without him having to issue any formal notice. If the boat covered by the rental contract is re-rented, the deposits and costs collected will be paid to the tenant in proportion to the replacement rental, less the fee for administration costs which is set at 80 euros.
Article 3-2-1: Termination by the lessor:
Except as provided for in article 4 of these general conditions, in the event of incompetence of the crew, the possibilities of termination by the lessor are as follows:
– In the event that, as a result of damage or delay, the rented boat cannot be made available to the tenant, the lessor may offer to extend the rental for the duration of the delay, within the available limit of the schedule_cc781905-5cde-3194- bb3b-136bad5cf58d_ _cc781905- 5cde-3194-bb3b-136bad5cf58d_ .
– If the extension of the rental period for the total duration proves impossible, the tenant will be reimbursed in proportion to the sums paid by him, corresponding to the days of loss of use, without him being able to be entitled to damages.
Article 3-2-2: Late penalties:
If the boat returns after the scheduled date, the weekly rental will be reduced to the penalties:
Day with a 20% surcharge.
ARTICLE 3.3: Terms of use:
The free disposal of the ship will be granted to the lessee when he has read the appended general conditions, when he has acknowledged that the ship in general and the engine are in good working order, when he has checked the inventory presented by the lessor and that, if necessary, he will have signed the handover document annotated with his possible observations. Notwithstanding these provisions, the tenant has 1 hour to carry out in-depth tests and checks and inform the lessor of any complaints. After this period, he will be deemed to fully agree on the conformity of the vessel in his possession.
The tenant must ensure that the safety equipment corresponds to the type of navigation envisaged and, failing that, will provide all the useful additions.
Article 3-4: Methods of payment:
Booking more than 3 months before departure
First deposit of 30% upon booking,
Second deposit of 30% 3 months before departure,
Balance 1 month before departure.
Reservation 1 to 3 months before departure
50% deposit on booking, balance 1 month before departure
Booking less than a month before departure 100% upon booking
In the event of non-compliance by the tenant with the payment dates indicated above and non-return
of this contract signed within ten days of its dispatch, the contract will be terminated automatically, without prior notice to the lessor, who will retain the sums paid as compensation.
Article 5: Support for the boat:
The lessor undertakes to entrust the lessee with a boat equipped and equipped in accordance with the laws and regulations in force for the planned category of navigation, and in perfect working order and cleanliness, the consumable goods carried out, the management of the boat
by the tenant is considered made when the balance of the price has been paid, the deposit paid, and the inventory signed.
The electronic instruments of navigation put on board to facilitate the cruising but are only aids to navigation.
Their defect would in no way release the responsibility of the tenant and would not give right to any compensation.
Article 6: Inventory:
The inventory, in two copies, is countersigned by the lessor and the lessee when the boat is taken over, each of the two parties keeping a copy. Any breach of the inventory must be contradictorily noted by the lessor and the lessee and be the subject d of the good condition and proper functioning of the boat with the exception of hidden defects.
The lessee has 24 hours after the signing of this inventory to check the good condition of the boat and its equipment and report any anomaly to the lessor. The non-signature of the inventory
by the lessee or the non-delivery of the signed inventory to the lessor implies acceptance of the boat in working order and complete according to the standard inventory recorded at the lessor's office.
In the event of a dispute, this standard inventory alone shall prevail.
Regarding the inventory of consumables, (coffee pods, tea, herbal teas, bottles of wine and champagne)
the quantities and prices will be communicated to you when the boat is made available and when the boat is returned the calculation of the state of the consumables will be made between the tenant and the owner.
In addition, it is recalled that it is strictly forbidden to drink and eat in the rooms, only in the areas intended for meals, indoors or outdoors.
When the boat returns, the fresh water and fuel tank must be at 100% capacity.
Article 7: Obligation of the tenant:
The tenant certifies that he has all the knowledge necessary to accomplish the intended navigation. He must ensure the maintenance in good navigation condition of the boat during the period of support, as well as its routine maintenance, the tenant of the boat is responsible, under the laws and regulations on boating in category A, offshore category , keeping the log book for the duration of the charter. On this logbook provided by the lessor, must appear the indications on the navigation and all the incidents and damage relating to the boat and the navigation. The tenant is required to inform himself before his departure of all the procedures useful for its proper functioning and the various checks to be observed to ensure the routine maintenance of the machine.
The tenant agrees to board only the number of passengers corresponding to the regulations -136bad5cf58d_ _cc781905-5cde -3194-bb3b-136bad5cf58d_ i.e. respect the distance of six seafarers maximum and respect the distance of six seafarers maximum. He undertakes to use the boat only for pleasure boating within the framework of the maritime and customs legislation in force and in correspondence with the type of armament of the designated boat, excluding all commercial operations. , professional fishing, transport or other. The lessee expressly releases the lessor from any liability as a shipowner or otherwise due to a breach of these prohibitions and is solely responsible for the maritime customs services or any other maritime authority, lawsuits, fines_cc781905-5cde- 3194-bb3b-136bad5cf58d_ and confiscations incurred by him on this account even in the event of involuntary fault on his part. In the event of seizure of the rented boat, the tenant is required to reimburse the value of the boat within one month.is..
Article 7: Subletting:
Subletting and lending are strictly prohibited, under penalty of prosecution, all costs being borne by the tenant. The lessor reserves the right to refuse the provision of the boat if the skipper or the crew does not appear to him to have sufficient competence.
In this case the contract will be terminated and the sums paid returned to the tenant without any of the parties being able to claim compensation.