Terms and conditions 

 general conditions of use and security  

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SAFETY REMINDER: Prohibition of smoking and alcohol consumption on board, respect limitations (harbour 3 knots, channel 5 knots and area less than 300 meters 5 knots) even if it is not delimited, garbage must be kept by the occupants, to be thrown there in  appropriate containers, respect the environment (noise pollution, waste, wetting, etc.).  

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WEARING OF A MANDATORY CHILD VEST 

The skipper is responsible for his crew, all water sports practices are his sole responsibility. 

Art 1, contract 

The purpose of this contract is to provide a boat without a crew. The identification of the lessor, the lessee and the boat as well as the price and the rental period are stipulated with the  special conditions of the contract. The signature of the special conditions by the tenant implies acceptance of the general conditions of the contract. 

Art 2: Terms of payment 

The payment of the rental is made before departure, 

Art 3: Taking charge of the boat 

The boat can only be taken over by the tenant once the following formalities have been completed: 

--the rental of the boat and the options fully paid, 

– the deposit or the security deposit by check, 

– the tenant must provide the lessor with a copy of an identity document in his name, 

– the signature by the lessor and the lessee of a takeover report after contradictory inventory specifying the condition and equipment of the rented boat, the lessor reserves the right to check the skills of the lessee and/or its crew in maneuver and navigation, 

Art 4: Commitment of the lessor 

The lessor must provide the lessee with a boat suitable for navigation, armed in accordance with the laws and regulations in force. 

The time necessary for the presentation and handover of the boat will be taken over the duration of the rental. 

The tenant will be able to use the boat freely as soon as he has signed the takeover report and received the on-board documents from the lessor. 

Art 5: Commitment of the tenant 

Before signing the take-over report, the tenant must inspect the boat, its equipment and its inventory in detail, in order to verify that everything is available and in good working order. He may make any reservations or observations he deems necessary. 

The signing of the takeover report is worth full acceptance of the boat as it is by the tenant. As soon as the boat is taken over, the tenant acquires legal custody and is, on this  title, solely responsible, under the conditions of common law, for damage that may be caused both to persons present on the boat and to the boat itself and to third parties. 

After taking charge, all expenses such as shipping costs, purchase of fuel, are the responsibility of the tenant, 

  The tenant agrees to board only the number of people corresponding to the safety equipment of the boat. He undertakes to use the boat as a "good father" for a  pleasure boating, within the framework of the maritime and customs legislation in force, excluding any trade, professional fishing, transport, towing or other operation. 

The lessee expressly releases the lessor from any liability as a shipowner or otherwise, due to the breach of these prohibitions and is solely responsible, vis-à-vis the maritime authorities and  customs, lawsuits, fines, prosecutions and confiscations incurred by him as a result. In particular, the tenant will ensure compliance with the regulations concerning fishing and spearfishing. 

In the event of an accident involving another boat – regardless of damage to one or both boats – the hirer should contact the hirer's base immediately and follow their instructions. 

The loan or subletting of the boat is prohibited. The lessee must return the boat to the lessor with all its equipment under the same conditions as at the start of the rental, in a state  correct cleanliness, and on time. In case of delay in the return, the tenant agrees to pay the lessor compensation equal to the daily rental price during the period  increased by 50% per day of delay. If the lessee abandons the boat in any place other than that mentioned in this contract, he undertakes to pay the lessor the costs relating to the conveyance  return of the boat to its base, as well as an indemnity calculated as previously for the number of days necessary for this transfer, as well as to settle any loss or damage not provided for in the insurance policy which could occur on board the boat , or to the boat itself, until it is effectively taken over by the lessor. The tenant remains responsible for the boat until signature of  the contradictory inventory of return of the boat and final disembarkation. 

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 forecast, if the port authorities have prohibited any  navigation, if the boat is damaged and not repaired, and if any vital equipment such as engine, sails, rigging, bilge pump, anchoring gear, navigation lights,  compass, safety equipment etc. is not in good working order, if the fuel reserves are insufficient, if in general the weather conditions, the state of the  boat and/or its crew, represent a danger for the boat and its crew. 

Art 6: Deposit 

The deposit guarantees damage both to the chartered boat, including loss and theft of the boat and its equipment, and to any third parties. It is returned to the tenant within seven days.  after signature of the return inventory and final disembarkation of passengers if the tenant has complied with his obligations. 

In all cases, the boat must be returned by the tenant in the state of seaworthiness and inventory in which it was delivered. Failing this, the lessor reserves the right to deduct from the deposit paid by the lessee, who undertakes to do so, the amount necessary for the restoration of the boat. The deposit does not constitute a limit of liability of the tenant who will be required to reimburse the costs  incurred by the lessor, due to non-compliance with its obligations. The lessor will keep the deposit up to the costs incurred to cover the damage suffered by the lessee. 

Art 7: Insurance 

The Lessor has taken out insurance coverage guaranteeing the chartered boat and the lessee for all accidental damage including damage caused to third parties. 

However, the theft or loss of personal effects of the tenant as well as of all the people he takes on board, as well as all the accidents of which they could be victims are excluded from the scope of  this insurance. 

In the event of any loss whatsoever, including caused to third parties or theft, the tenant must draw up a sea report, if necessary a contradictory statement with the full contact details of third parties and  their own insurers, and in all cases notify the lessor immediately under penalty of the provisions set out in Article 13 "Voluntary Default" 

The insurance cover taken out by the Lessor includes a deductible which will be the responsibility of the lessee-charterer: the latter therefore remains his own insurer as well as for all losses or  damages of any kind, including those caused to others not covered by the insurance, up to the amount of the deposit specified in the special contractual conditions. 

Art 9: Disputes 

All disputes concerning the execution or interpretation of this contract must be submitted to the competent authorities, i.e. the Commercial Court of Draguignan, (VAR) Art 12: Miscellaneous 

Maritime liens: the lessee neither incurs nor authorizes any maritime lien, salvage or debt on the ship or on credit. The Lessee shall not abandon ship or enter into a  salvage agreement without prior written consent. The tenant will indemnify and release Bernard Plaisance from all liability for any maritime lien, salvage or debt  arising from the boat or from the credit resulting from an act or omission of the renter,