GENERAL CONDITIONS OF RENT
The rent of boats with Rent My Boat SAS is governed by the present conditions of rent with which the customer tenant of the boat recognizes to have acquainted before reservation and signature of the rental agreement.
2/COVERAGE OF the BOAT AND THE DEPOSIT
The coverage of the boat by the tenant leader of edge takes place after the deposit, the control of the titles of navigation, the inventory and the check of the aspect of the shell and the low engine by the tenant leader of edge, which give rise to the signature of the rental agreement.
The amount of the deposit depends on the category of the rented boat. It is intended to cover the damage undergone by the renter because of damage or of theft of the boat. Its amount is indicated in Rent My Boat’s commercial documents, its rental agreement, and on its web site.
Up to the amount this deposit, and by signature of the contract, the tenant makes a commitment to pay immediately and at the request of the renter, the repairs of the damages whom it would have caused himself to the boat, and which would be noticed in its return.
The evaluation of this amount will be made by Rent My Boat SAS’s member, assisted by one of the competent professionals of the sector: first and foremost “GHIRINGHELLI” and capable of intervening quickly by the closeness of its installations face to face of Rent My Boat SAS’s establishment.
After evaluation of the global amount of the works (parts, hands of work, costs of handling and guarding) by the competent professionals, the tenant can obtain the return of his deposit by the immediate payment of the estimate of the works to Rent My Boat SAS. its deposit will be returned and taken.
NB: deposits for the rent of an inflatabe boat are increased by 50 % with regard to compared with display of the category (1, 2, 3 or 4) considering the grave damage which can be caused to ballcocks, mainly during operations in harbour zone, or at anchor.
The inventory and the aspect of the shell and the low engine are a descriptive state of the boat joined to the contract, signed by the contracting parties.
The tenant makes a commitment to point them and to record there in writing, before the departure of the base of rent, any visible imperfection which would not appear there. Failing that, the renter is considered for having delivered a boat in compliance with the descriptive state.
The arrangement of the rented boat is then granted to the tenant leader of edge who will have noticed the good state of navigation, equipped and armed according to the regulations in force for the category of planned navigation.
The signature of the inventory is worth gratitude by the tenant leade of edge of the good state of functioning and cleanliness of the boat and its equipment.
If the state of the boat during its redélivrance is satisfactory and in compliance with the inventory signed at first, the deposit is returned to the tenant, at the latest, one month later.
3/DELAY OF COVERAGE, IMPOSSIBILITY OF COVERAGE BY THE TENANT
Any delay furthermore than 30 minutes not announced to the staff of Rent My Boat will give rise to a de facto cancellation of the reservation and the rent, and the boat will immediately be put back rented. The possible expenses of reservation paid by the tenant (20 % deposit) will then be kept by Rent My Boat.
If the tenant is unable to present to the renter the necessary documents, the title of navigation, ID card, bank card for the deposit, at the time of the signature of the rental agreement and at the planned hour, the reservation and the rent will be de facto cancelled, and the boat will immediately be put back rented. The possible expenses of reservation paid by the tenant (20 % deposit) will then be kept by Rent My Boat.
4/INVENTORY AND CURRENT SITUATION OF RETURN
The tenant leader of edge makes a commitment, during the return of the boat, to realize a contradictory inventory with the renter.
In the case or this inventory of return is not realized because of the delay of the tenant to re-deliver the boat, or from other incidents upholders of its fact, the renter will realize only this inventory which will be notified to the tenant leader of edge. Except termination by the latter in the eight days of the notification, this inventory will be presumed accepted contradictorily by the contracting parties.
5/INSURANCE OF the BOAT, THE FRANCHISEE OF INSURANCE, STRICKEN
The renter declares:
– Have subscribed or if he is not the owner of the boat, made subscribe by the owner of this one, a special insurance policy for the rent containing the following guarantees: loss and damage of the boat, partial theft of the accessories of the boat, civil liability, defense and recourse, expenses of retirement, spend of assistance.
Attention: the shocks caused on the bottom of the engine (helixes(propellers) and bases) are not covered by the insurance and will be supported by a taking on the deposit of the tenant.
– That this insurance policy does not guarantee the people transported by the accidents a victim of which they could be and what it releases any responsibility for the losses concerning the private properties of the tenant. Individual insurances can be contracted by the tenant, in his profit and in its expenses, to cover these risks. (The renter cannot be held responsible in no way for the properties which would have been forgotten in boats at the end of the rent)
– The amount of the deposit is fixed by the renter, according to the category of boat, and indicated in its commercial documents and its web site.
– In case of disaster upper to the amount of the deposit requiring a statement in insurance , the renter will be in the obligation to keep the completeness of the deposit, because the insurance companies of boats demand a franchise at least equal to the deposit of the rental agreement.
– The tenant remains his own insurer up to this franchise (see article 2), and thus for the sinister inferiors, he will have to proceed to the payment of required amounts in replacement and repairs allowing the rented delivery of the boat as soon as possible.
In case of disaster being of its responsibility and requiring a statement in insurance :
-To establish and sign in the presence of the renter a report of the disaster, detailing the break-in, the losses and the breakdowns due to the disaster.
-To draft and sign in the presence of the renter an affidavit telling the circumstances of the accident.
-To draft and sign in the presence of the renter an affidavit of its skills in yachting.
6/USE OF the BOAT
The tenant, and/or the leader of edge, makes a commitment:
– To respect strictly the category of navigation of the boat (known indicated in the present contract), being specified that it is totally forbidden to him to realize a navigation not corresponding to this category and that the leader of edge has perfectly knowledge of it.
– In the fact that in the case of the rent of a motorboat, the pilot of the boat is a holder of the licence according to the régulations.
– To embark at the most only the number of people indicated in the present contract and according to the accommodation facilities of the boat (see patch of the manufacturer).
– To use the boat only for a yachting, within the framework of the current maritime and customs legislation, with the exception of any operations of business, professional fishing, transport or other one.
– Not to use the boat to be relet, to give driving lesson or still push or pull another boat.
– Not to use the boat for races, rallies, competitions or tries, whatever is the place.
– To respect strictly the zone of coastal navigation (less than 6 miles of one shelters) according to the safety equipment of boats, and limited by the renter in the East to Monaco and the Lérins Islands on the West.
– Not to make a commitment with the ship in other ports that of Nice, except case of absolute necessity, or Rent My Boat’s express authorization. The deposit and the passengers boarding as well as the provisioning have to be made in the Port of Nice, in Rent My Boat’s quay.
– Not to make a commitment in internal waters, rivers, channels and ponds, even if he is a holder of an adequate licence.
– To assure at best its role of ” Leader of Edge ” by making the decisions of safety which are imperative, in particular face to face of the port of the life jackets, the use of the accessories of safety , and the adaptation upon the meteorological risks susceptible to arise during its rent.
– to use the boat “as a father”, by a reasonable, mastered, non-hazardous navigation for the boat and his occupants.
The tenant unloads expressly the renter of any responsibility because of any negligence in these bans and will answer only, face to face Maritime Services and Customs, trials, pursuits, fines and seizures incurred by him of this leader.
In case of seizure of the chartered boat, the tenant leader of edge will have to pay, within one month as from the seizure, the value equals among day rent potential lost by the renter, and it until the return of the boat.
Rent My Boat saves himself the possibility of pursuing the tenants and the leaders of edge violating in settle above, in compensation of the damage undergone by the company.
7/LIST OF CREW
The tenant leader of edge undertakes, at the latest during the coverage of the boat, to communicate list of crew to the renter, who calls back that only the tenant leader of edge is responsible for his crew, that he has to respect the measures of caution and safety and undertake a navigation corresponding to the qualification and among his team members.
The tenant leader of edge asserts that he possesses the knowledge and the experience necessary for the navigation of the category which he intends to have a practice, and undertakes to use the boat as a father, in particular, to be under the ethylic or narcotic influence or of any substance susceptible to affect the piloting of the boat, by conforming to the regulations in force in particular to the regulations of Maritime affairs, the Customs and the Police.
The renter reserves the right to refuse the provision if the leader of edge or the crew do not appear to him to present the sufficient skills in spite of the references, the patents, the presented licences. In this eventuality, the tenant will have to either accept the expenses of a skipper, or see his cancelled contract and the restored paid sums, with the exception of a sum equal to 20 % of the rent planned, corresponding to the amount of set-up fees and reservation.
8/ FUEL LEVEL
All the fuels are chargeable to the tenant a leader of edge, in particular gasoline, fuel oil, gas, butane. The tenant leader of edge recognizes it received the boat with the reservoir of full fuel oil and undertakes to leave him also. Failing that, the amount of the price of fuel oil will be charged to the tenant, increased by 20 %.
9/LOSSES AND DAMAGED
9-1/In case of losses or in case of damage in the course of rent resulting from the normal wear and tear of the material, the tenant necessarily has to consult the renter for any repair.
9-2/In case of losses or in case of grave damage, the tenant has to inform urgently the renter by asking for instructions which it will have to follow exactly. While waiting for these the tenant will have to make establish a report by a commissioner of damage to obtain from the insurance company the refund of the sums which fall to him. In the case or the tenant would not carry out these formalities, he can have to keep at his/her expense all of the spending caused by the loss or the damage.
9-3/not to delay the taking possession of the following tenant, the tenant undertakes to move forward its return of 24 hours with regard to the planned date, in case the boat would require an intervention to repair a damage.
9-4/The hardship of enjoyment consecutive to the losses or the damage arisen during the present rent will be the object of no refund or compensation, even partial, what is the cause of the losses or the damage.
10/ANCHORAGE OF THE BOAT IN EDGE OF ZONE AUTHORIZED BY THIS CONTRACT, LÉRINS ISLANDS, NATURAL HARBOUR OF VILLEFRANCHE, CANNES AREA, SAINT JEAN CAP FERRAT, CAP D’AIL AND MONACO :
– the leader of edge undertakes to cast anchor in a minimum of 30 meters of distance of the bank, off the possible sandbanks, the head of rock or any zones which can damage the boat (hull and engine). He also has to cast anchor by taking care of being 30 meters minimum of any riprap and ship also at anchor. It is forbidden to cast anchor if waves of more than 50 cms sound visible in edge of zones (Beaches, Islands, official lists), and it is necessary to leave the anchorage immediately if waves of more than 50 cms appear. Rent My Boat saves himself the possibility of pursuing the tenant and\or the leader of edge violating in case of damage on the boat, in rehabilitation caused for its repair and the past by the teams of Rent My Boat SAS for this fact.
11/WATERSPORT AND WAKEBOARD BY THE LEADER AND HIS PASSENGERS:
– By signing the present rental agreement, the leader of edge as well as one or several tenant (s) undertake and engage by the same their passengers, to release Rent My Boat SAS, his staff, the owner of the boat, and their respective insurers, from any responsibility inherent to their practice of towed machines (towed buoy) and water sports (wake board, water ski). The leader of edge, the tenant, and their passengers, thus are their own insurers within the framework of this practice, in particular for the physical injury, and would know how to engage on no account of procedure to Rent My Boat SAS, his staff, the owner of the boat, and their respective insurers, in the event of an accident.
12/REDELIVRANCE OF the BOAT
12-1/the tenant leader of edge is kept of re – to deliver the boat and his equipment, in the port and the pontoon of indicated return, in good working order and from maintenance, for the deadlines suited in the present contract. From its return, the tenant has to indicate his presence to the renter and book an appointment for the purposes of inventory and inspection of the boat, this one being before hand cleaned and emptied of all his luggage. The time of cleaning and inventory been an integral part the period of rent planned to the contract. If the tenant is afraid he cannot return at the fixed hour, he has to warn the renter.
12-2/Every hour and in the daytime of delay iof the 15 minutes of tolerance, gives the right to the renter in a compensation calculated in pro rata temporis on the basis of the hourly price (based on 2 hours) by the railing of price rates (that is that of the price list(rate) ” 2 hours ” divided by 2), and it except duly justified force majeure. The bad weather could not be called as valid motive.
12-3/East also considered as essential of a delay, the redélivrance of a boat in a port other than that planned initially or in a state requiring a fixed immobilization of the boat, and punishing as a conséquence of the later rent.
12-4/If, for any reason, the tenant is not capable of returning himself the boat to his port of indicated return, he will have to make it escort at his expenses and risks and assure the guarding, having warned the renter. The rent will come to an end only after the return of the boat to the renter on the conditions planned this – above.
12-5/If the state of the boat during its redélivrance is satisfactory and in compliance with the inventory signed at first, the deposit is returned to the tenant, at the latest one month after the date of delivery of the boat.
12-6/For the livable boats, if the boat is not returned in perfect condition by cleanliness, the lump sum of representing the cleaning of the inside and from the outside the boat will be due by the tenant: 150€ for boats lower than 10 meters, and 200€ for the units superior to 10 meters.
12-7/ If a deterioration or a loss, so much boat as any accessory appearing in the inventory is noticed, the tenant has to pay the repair or the replacement by the identical. For that purpose, a taking on the deposit can be operated.
Attention: any shocks caused on the helix(propeller) pull the change of this one at the expense of the tenant.
12-8/If the deterioration or the loss results from a disaster covered by the insurance policy planned in the article 4/, an amount equivalent to the franchise will be charged to you. The majority of the signed insurance contracts plan that this franchise can never be lower than the amount of the deposit planned by the renter.
The declaration to the insurance company of the boat will have to include two documents drafted, attested and signed by the tenant:
The declaration of circumstances
13/CANCELLATION OF RESERVATION AND TERMINATION OF the CONTRACT
13-1/By the tenant
Before the coverage of the boat:
If the tenant gives up the rent and cancels reservation, the perception of expenses of cancellation by the renter will be made in the following conditions:
– The customer can see paying off his advance of reservation if he cancels more than 3 full days (72 hours) before the day of his date of reservation, and if the reservation was made less than 7 days before the date of his demand of cancellation
– If the cancellation intervenes less than 3 days before the beginning of the rent, one or several paid advances will be acquired to the renter, except case of absolute necessity proved by the customer.
NB: the weather report cannot be a valid major motive for strength below winds of Strength 5 on the Beaufort scale (the weather report of the harbor office of being valid Nice).
The request of cancellation must be passed on to Rent My Boat by E-mail at the address firstname.lastname@example.org, by telephone, or on direct visit in premises of the company on the port of Nice.
At the time of the coverage of the boat:
If the delivered boat is fit to navigate, is due to the lack of the essential elements of safety, and if the renter is not capable of proposing a boat of superior characteristics or equal, the tenant can break the present contract and obtain the return of the paid(poured) sums, without being able to aspire to damages.
13-2/By the renter
In case, as a result of a damage arisen during the previous rent or of a hindrance independent from its will, the renter could not give the enjoyment of the boat indicated above on the agreed date, this one will be kept, either to put at the disposal of the tenant a boat of superior or similar characteristics possessing the same number of couchettes, or to restore one or several paid advances without the tenant can aspire to damages.
In case of late provision of the boat, this return will be made proportionally among hours or of days corresponding to the hardship of enjoyment.
For any contesting relative to the execution of the present contract, it was advisable that in agreement with the contracting parties an amicable conciliation will be committed before any legal proceeding.
15/ATTRIBUTIVE CLAUSE OF COMPETENCE
In case a legal proceeding would be undertaken, the competent Court is the court of MONTPELLIER.
16/SUBLETTING, LOAN AND USE OF the BOAT BY MINERS
The subletting, the loan and the use of the boat by minors not accompanied by the head of edge are forbidden.
Conditions of use of the site www.rent-my-boat-nice.fr
The present General Conditions have for object to define the modalities of provision of the services of the site rent-my-boat.fr, below named “the Service” and the conditions of use of the Service by the User.
Any access and\or Use of the site www.rent-my-boat.fr supposes the acceptance and the respect for the set of the terms of the present Conditions, as well as General Conditions of Rent detailed above, and their unconditional acceptance. Thus they establish a contract between the Service and the User.
In case the User does not wish to accept all or part of the present general conditions, it is asked to him to give up any use of the Service.
The site rent-my-boat.fr is a site of information on the offer of rent of boats of the company Rent My Boat SAS, with possibility of online reservation.
User: the User is every person who uses the Site or one of the services proposed on the Site.
User contents: the “Contained term User” indicates the data passed on by the User in the various columns of the Site.
Member: the term “Member” indicates a user identified on the site.
Identifier: the term “Identifiant” recovers the information necessary for the identification of a user on the site to reach zones booked for the members.
Password: the “Password” is a confidential information, the User of which has to keep the secret, allowing him, used together with his Identifier, to prove the identity.
3/ACCESS TO THE SERVICE
The Service is accessible free of charge to every User having an access to internet. All the costs incurred to the access to the Service, whether they are material, software expenses or of access to internet are exclusively chargeable to the user. He is solely responsible for the smooth running of his computing equipment as well as for his access to internet.
Certain sections of the site are booked for the Members after identification by means of their Identifier and by means of their Password.
Rent My Boat reserves the right to refuse the access to the Service, one-sidedly and without preliminary notification, to every User not respecting the present conditions of use.
Rent My Boat implements all the reasonable ways at his/her disposal to assure a quality access to the Service, but is kept in no obligation to reach there.
Rent My Boat cannot, besides, be held responsible for any dysfunction of the network or for the waiters or for event escaping the reasonable control, which would prevent or would degrade the access to the Service.
Rent My Boat saves himself the possibility of interrupting, of suspending for a moment either to modify without advance notice the access to all or part of the Service, to assure the maintenance, or for any other reason, without the interruption opens straight ahead in