YACHT CHARTER ADVENTURE

General rental conditions

 

ARTICLE 1 - CONFIRMATION OF RESERVATION

Following email confirmation and receipt of your file, payments will be made as follows:

30% to 50% upon reservation,

30% three months before departure,

Balance and options payable at Yacht Charter Adventure 6 weeks before departure.

The prices communicated at the time of registration are expressed in Euro including VAT unless otherwise indicated.

Cancellation conditions vary depending on the shipping company,

Cancellation fee : 400€.

More than 90 days before departure 50% of the rental amount

Between 89 days and boarding date 100% of the rental amount.

Unless otherwise stated.

 

ARTICLE 2 - BOOKING CHANGE FEE WITH YACHT CHARTER ADVENTURES

 

A- The constitution and the management of the file are not invoiced

B- All changes: dates, port of embarkation or disembarkation requested by the hirer will be charged 30€, subject to acceptance of the shipowner-charterer. (On identical duration and period)

C- A change of boat, subject to the approval of the ship-owner, will be charged 60€ (for the same duration and period).

D- After payment of the balance of the charter, additions or deletions of options payable to Yacht Charter Adventures are increased by 30 €.

 

ARTICLE 3 - PRISE EN CHARGE DU BATEAU

 

A- The taking over of the boat by the renter is done when the totality of the rental price has been paid, the deposit paid and the inventory signed.

The owner/charterer shall deliver to the lessee a seaworthy, equipped and insured vessel in accordance with the laws and regulations issued by the competent authorities for the intended category of navigation and in the intended navigation area.

The deposit is paid by the lessee directly to the owner.

B-

The description of the boat and its equipment and armament are listed on an inventory that must be given to the tenant at the same time as the documents and nautical materials required, the latter vary depending on the country you approach the base manager.

The lessee has 4 hours from the time he takes charge to check the good condition of his unit as well as the sails and the hull.

The owner/charterer undertakes to provide the lessee with a free berth in the port of disembarkation, except in the case of a one way charter where the lessee is responsible for the cost of the last night. The signature of the acceptance of responsibility is an acknowledgement by the lessee of the good working order and cleanliness of the boat, with the exception of hidden defects.

 

ARTICLE 4 - USE OF THE BOAT - RESPONSIBILITIES - DAMAGES

 

A- The hirer undertakes to use the boat “as a good father of family” by complying with the regulations of the Maritime Affairs, the Customs and the Police of the visited countries.

B- The lessee affirms that he/she has the knowledge and experience necessary for the navigation he/she intends to engage in, as well as the licenses required under the country’s maritime regulations for the operation of boats.

C- The owner/charterer or his representative reserves the right to refuse the provision of the vessel if the skipper or the crew does not appear to him to be sufficiently competent, notwithstanding the references, certificates or permits presented, or for any other reason that the owner may justify.

In this eventuality, the Hirer must accept the costs of a professional skipper at his own expense and at the current rate.

Failing this, the contract will be terminated by right without reimbursement of the sums incurred.

D- In any case, in the event that a professional skipper would be hired for the proper operation of the boat, the full and complete responsibility of the boat and its crew would remain the responsibility of the renter.

E- The hirer undertakes to take on board only the number of persons authorized. He undertakes to use the boat only for pleasure sailing.

It is forbidden to carry out any commercial operation, professional fishing, transport, regattas (except exemption) or others.

The lessee expressly discharges the owner/charterer of any responsibility as owner or otherwise, due to a breach of these prohibitions and will be solely responsible to the Maritime Services and the proceedings that may follow, (lawsuits, prosecutions, fines and confiscations.) even in case of unintentional fault on his part.

In the event of seizure of the rented boat, the lessee will be required to pay the owner/charterer a contractual indemnity, corresponding to the rental rate in force.

In case of confiscation, the Hirer shall be obliged to reimburse the value of the vessel within eight days.

F- The hirer is responsible for keeping the logbook, a copy of which is provided by the lessor. It is a document on which must be registered the indications on the navigation and all the incidents and damages relative to the boat and the navigation.

G- In case of loss or damage during the rental period resulting from normal wear and tear of the equipment, the hirer is authorized to immediately take the initiative of repairing or replacing the equipment under his responsibility, provided that the amount does not exceed 25% of the amount of the deposit paid at the start. But he must imperatively inform the base manager.

This expense will be reimbursed upon return, upon presentation of the invoice, if the damage or loss is not due to a fault or negligence on the part of the lessee or the persons on board. The lessee must consult the owner/charterer for any repairs exceeding this amount.

H- In the event of serious damage (dismasting, water ingress, fire, etc.) the lessee is obliged to urgently notify the shipowner or his representative and the insurance broker, asking for instructions. Pending such instructions, the lessee shall be obliged to have a damage report drawn up by a damage surveyor in order to obtain reimbursement from the insurance company of the sums due to him. If the hirer fails to do so, he may be required to pay the full amount of the expenses incurred by the damage.

I- The deprivation of enjoyment consecutive to the damage occurred during the present rental will not be the object of any refund, even partial of the amount of the aforementioned rental whatever the cause of the damage, except if this one are not imputable to the tenant. In this case, a deductible of 48 hours will be applied.

J- Subletting and lending are strictly forbidden.

k- Yacht Charter Adventures cannot be held responsible for any disputes between the charterer and the owner/charterer in the event of a technical issue during the cruise if the charterer has not reported the issue to the owner/charterer in a timely manner.

 

ARTICLE 5 - RETURN OF THE BOAT AND THE DEPOSIT

 

A-

The lessee is obliged to return to the designated port within the time limits agreed upon in this contract, unless otherwise agreed upon and confirmed in writing.

Upon return, the lessee shall report his presence to the owner/charterer or his representative and make an appointment for inventory and inspection of the vessel. The lessee shall have free mooring in the port of disembarkation and for the day of the scheduled return (unless otherwise specified).

The time required for the inventory and return are an integral part of the rental period stipulated in the contract.

B- Each day of delay will entitle the owner/charterer to an indemnity equivalent to double the daily price of the present charter, whatever the cause of the delay. Bad weather cannot be invoked as a valid reason. The skipper must take all necessary measures in good time to avoid this eventuality.

C- If, for any reason whatsoever, the lessee is unable to bring the vessel back to the designated port of return himself,

He shall at his own expense and risk, ensure the safekeeping of the vessel and have it brought back by a qualified courier after having notified the owner/charterer or his representative in writing. The rental will end only after the return of the boat to the owner-owner in accordance with the above conditions.

D-

The renter is required to return the boat and its equipment in good working order and in an acceptable state of cleanliness, even if a cleaning fee is charged as a mandatory extra. The boat must be returned in a clean and tidy condition, with the dishes clean and tidy, the toilets clean and your personal belongings tidy so as not to hinder the technicians for the return inventory or any other intervention on the boat.

If the boat is not returned in an acceptable state of cleanliness, additional cleaning costs will be charged to the renter according to the current tariff.

If the boat is returned in a satisfactory condition and no damage is found, the deposit will be returned to the renter within one month after the date of return.

E- If the damage or loss of the boat or any of the accessories listed in the inventory is noted, the hirer is required to pay for the repair or replacement of the same. For this purpose, a deduction may be made from the deposit.

F- If the damage or loss is the result of a loss covered by the insurance policy provided for in Article 10, the refund of the deposit will be deferred until the insurance company has paid the repair and/or replacement bills.

Reimbursement will be made after deduction of the deductible and any incidental expenses that may have been incurred as a result of the loss (telephone, travel, surveys, guarding, etc.).

G- Yacht Charter Adventures shall not be liable for any disputes between the Charterer and the Charterer if the Charterer makes a deduction from the deposit.

ARTICLE 6 - CONSUMABLE MATERIALS

 

The hirer is responsible for the engine fuels, cooking fuels, electric batteries, possible port tolls, possible breakdowns and, in general, all consumable materials necessary for the proper operation and maintenance of the boat during the rental period.

Unless otherwise stated

ARTICLE 7 - RETURN FROM CRUISE

 

The tenant will receive by email, a satisfaction questionnaire that he can fill and return to us.

 

ARTICLE 8 - TERMINATION BY THE TENANT

 

A- All cancellations must be notified to Yacht Charter Adventures by registered mail with acknowledgement of receipt. The amount of the contractual deposit remains the property of the charterer.

B- The period for which the present contract has been concluded can only be changed with the agreement of the shipowner/consignor and within his possibilities.

C- The deposit shall remain the property of the owner/charterer if the lessee requests the termination of the contract for any reason whatsoever.

D- The amount of the rental will remain with the owner/charterer, whether or not the lessee has used the vessel during the rental period, regardless of the reason for this vacancy.

E- Cancellation insurance may be taken out by the Hirer, for his benefit and at his expense, to cover the risks mentioned in paragraphs B and C.

F- If the delivered boat is not seaworthy, either because it lacks an essential safety element or because it does not comply with the regulations, and if the lessor is unable to offer a boat of equal or superior characteristics, the lessee may break the present contract and obtain the return of the sums paid.

The hirer may be reimbursed for travel expenses incurred, with proof, for a maximum of 30% of the value of the contract, without being able to claim compensation in damages.

 

ARTICLE 9 - TERMINATION BY THE OWNER-BREAKER

 

In the event that, as a result of damage occurring during the previous rental or of any impediment beyond his control, the owner/charterer or his representative is unable to give the lessee use of the vessel on the agreed date, he shall have the full right to either provide the lessee with a vessel of equivalent or greater size with the same number of berths, or to return the sums without the lessee being able to claim damages.

This restitution will be done proportionally to the number of days corresponding to the deprivation of use.

 

ARTICLE 10 - BOAT INSURANCE AND DEDUCTIBLE

 

A-

The owner-owner declares to have taken out an all risks insurance policy guaranteeing the lessee :

● of the damages that he could commit on the body of the boat, its accessories and dependences, of the total theft and hijacking, of the partial theft and the engine. The renter remains his own insurer up to the amount of the excess.

● the recourse of third parties for material damages and for physical damages (civil liability).

B- The payment of the insurance premium is included in the rental price.

C- The insurance policy does not cover the persons carried on the boat for any accidents they may suffer. Nor for theft on board the boat.

D- The owner/charterer is not liable for any loss or damage to the lessee’s personal property or that may affect the lessee and 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 and D.

E- In some countries night sailing is strictly forbidden, unless special written dispensation is given by the owner/charterer. Please ask before confirming the reservation.

 

ARTICLE 11 - CLAIMS AND DISPUTES

 

Yacht Charter Adventures will consider as not owing any claim that is addressed to it and that has not been mentioned at the time of disembarkation to the base manager and notified in writing either on the inventory or on the satisfaction survey and signed by the client.

The signatory parties to the contract may submit their differences concerning the application of this contract to the tripartite conciliation commission, which is an emanation of the charter management organization. In the event that no solution is found, jurisdiction is expressly assigned to the Courts of Victoria.