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1 THE HIRER
The person hiring the boat must be at least 18 years of age and is responsible for the boat and its contents. He/she undertakes to ensure that, whatever the circumstances, the person driving the boat is the person designated on the ‘carte de plaisance’ (boating permit). He/she accepts that He/she has been duly informed of what is covered by the boat insurance policy as well as the exclusions. The Rental Operator reserves the right to refuse to hand over the boat if they consider that the Hirer is not capable of taking responsibility. In this case, the Hirer will receive a full refund of the price of the rental, to the exclusion of any compensation.
2 REGISTRATION / BOOKING / PAYMENT
Reservation is effective when the Rental Operator confirms reception of the booking form, accompanied by a deposit equivalent to 40 % of the total amount due. We are willing to consider payment terms upon request. THE BALANCE MUST BE PAID 6 WEEKS BEFORE THE DEPARTURE DATE. The Hirer will be responsible for any fees in connection with foreign payments.
You will be required to pay a deposit of between €780 and €3,250, depending on the boat hired, to cover the accidental damage excess. It is payable in cash, by cheque, in foreign currency or by bank card (depending on the departure base) on the departure date before embarking. This deposit will be refunded upon return, on the condition that the boat and equipment are brought back at the pre-arranged time and place, undamaged and in a good state of repair. This amount represents the insurance excess paid by the Rental Operator in case of an accident, as well as covering any costs incurred by damage to the boat or its contents because of poor maintenance of the boat during the cruise.
‐ By the Hirer
If you have to cancel your reservation, please inform the Rental Operator immediately in writing.
Cancellation fees will be charged as follows:
‐ More than 8 weeks before departure: 40 % of the cost of hire.
‐ Less than 8 weeks before departure: 100 % of the cost of hire.
These fees will be partially refunded if the Rental Operator manages to rent out the boat for the period in question (with the exception of the fixed administrative charge), except in case of a bookings for more than four weeks or more than 3 boats, in which any cancellation leads to the payment of 100% of the cost of hire, regardless of the date of cancellation.
‐ By the Rental Operator:
If because of exceptional and unforeseeable circumstances, the Rental Operator is unable to rent out the boat that has been reserved by the Hirer, another boat of the same size and level of comfort will be provided. Should this not be possible, the Rental Operator will give a full refund of all monies paid to the exclusion of any compensation.
5 TRIP CANCELLATION INSURANCE
This insurance covers the reimbursement of any fees payable to the Rental Operator in case of cancellation. This insurance is only valid if you cancel your trip BEFORE DEPARTURE for one of the following causes: serious illness, serious accident, death of the Hirer, his/her spouse, parents or children. This guarantee covers all the people on board. In case of cancellation, the fees amount to €150 + the cost of the trip cancellation insurance. This is a group insurance policy (the terms and conditions and references are available upon request).
Insurance is included in the price of your holiday to cover damage to the boat and damage to third parties caused by the boat. Accidents/injury to the people on board, loss of or damage to their personal belongings and civil liability are not covered by the insurance policy. The Hirer is responsible for the bicycles: in case of loss or theft, their replacement will be charged to the Hirer. The latter may however take out insurance with our insurance company to cover the reimbursement of the deposit (assurance croisière plus).
The Hirer must immediately notify the Rental Operator of any accident, who will advise him/her what to do. The Hirer should not take any unnecessary action. Whether the Hirer is responsible for the accident or the victim, he/she will not be eligible for any compensation should the trip have to be modified or cancelled.
The boat will be made available once the following formalities have been completed: payment of the balance due (if applicable), payment of the deposits (boat and cleaning service), inventory of equipment on board. By taking possession of the boat, the Hirer acknowledges that he/she accepts that the boat is clean and in good working order. The Hirer is within his/her rights to refuse the boat if it does not correspond to the one presented in the brochure, if essential equipment is not in working order, or if it has not been cleaned to the expected standard. It may be necessary to embark from another departure base in case of unemployment, flooding or any other event that makes it impossible to embark from the base provided for in the contract. In case of late arrival (after 6 pm), departure will take place the following morning, except for Saturday departures which will take place on Monday morning, because there are no departures on Sunday.
The boat must be returned by the time and date agreed, except in unforeseeable circumstances beyond the Hirer’s control. The boat shall be returned to the Rental Operator in the same condition as it was collected in compliance with the inventory. The Rental Operator reserves the right to apply charges to cover costs in case of late return or if the boat is abandoned during the cruise.
10 USE OF BOAT
The Hirer undertakes to respect all the regulations relative to river or sea navigation, as well as any instructions received from the Rental Operator and river/maritime authorities. Cruising at night and towing other boats is forbidden. No passengers may be taken on board except those agreed upon with the Rental Operator before embarking.
11 RESTRICTIONS AND CLOSURES OF WATERWAYS
In case of exceptionally high or low water levels, restrictions (because of flooding or drought), damage to the waterways or any other event that prevents navigation, the Rental Operator shall be entitled to change the place and/or date of departure. If the same circumstances make the trip impossible, any payments made may be used for a similar trip at a future date if this is practicable. These conditions apply when the events take place during the trip and only if the boat is immobilized for more than 48 hours.
The cost of hire includes breakdown assistance. The Rental Operator undertakes to provide breakdown assistance without delay, in accordance with standard practice.
13 BREAKDOWNS NOT ATTRIBUTABLE TO THE HIRER
If the immobilization, due to a damage is not due to the fact of the driver, and is not attributable to him, exceeds a duration of twenty four hours, the renter will be required to compensate the Tenant in the form of having on a future cruise, calculated on the basis of the daily price of the boat, in proportion to the time of immobilization (this does not include supplements and complementary services). The downtime is deducted from the moment the tenant has notified the renter of the existence of the breakdown. The tenant will refrain from any initiative that would not be ordered by necessity or urgency.
14 BREAKDOWNS ATTRIBUTABLE TO THE HIRER
If it is proved that the breakdown is the Hirer’s fault, no compensation will be made for loss of use. The rental operator will be entitled to keep any monies paid in deposit to cover costs of repair.
15 EQUIPMENT ON BOARD / PERSONAL BELONGINGS
The Hirer undertakes to notify the Rental Operator of any lost, damaged or stolen equipment and will be required to pay for it. The Rental Operator is not responsible for loss or damage caused in any way to the Hirer’s personal belongings.
Pets are welcome on board, however the Hirer shall in no instance use the boat’s contents (bedding, dishes etc) for his/her pet. Any necessary equipment must be provided by the Hirer.
17 ONE-WAY CRUISES
Even when accepted by the Rental Operator, one-way cruises may not always be possible. The Rental Operator reserves the right, on legitimate grounds and in return for the refund of the extra costs incurred by the Hirer having chosen a one-way cruise, to oblige the Hirer to make the return journey. It is vital to contact the departure base 48 hours before embarking for confirmation of your itinerary.
Except by prior written consent, cruises begin and end at the place and time indicated on the booking confirmation. However the Rental Operator reserves the right, for operational reasons, to change the place of embarking or disembarking, or a one‐way cruise into a return cruise in the same region.
19 ABANDONING THE BOAT
If the boat is abandoned, except in case of a prolonged closure or restriction of the waterway, the Hirer will be liable for the cost of collecting the boat and returning it to the departure base. In addition to the hourly navigation rate and the cleaning service charge, a fixed charge of €500 + a daily fixed charge of €380 will be incurred.
20 DESCRIPTION OF THE BOATS
The boat layout complies with the plans provided, but there may be some minor differences depending on the region.
21 DISPUTES AND JURISDICTION
This contract is governed by French law. All disputes arising from this contract, in terms of its validity, interpretation, performance or termination may result in the dispute being submitted to the competent courts in accordance with ordinary law.
In application of the EC Council directive 90-314 of June 13th 1990, rental does not constitute a fixed-rate price. In the event of dispute, the Tribunal of Commerce of the port of departure is the only competent authority (Convention of Brussels of 21/09/68, article 5/1).
The legal ties linking Cris Boat France and its associates are solely those resulting from the conditions laid down in the contract of hire itself. In any case, Cris Boat France cannot intervene in the teams and conditions of this or the execution of this contract of hire, each associate being independent.
In application of article L 121-20-4 of the Consumer Code, telephone or internet bookings with Cris Boat France do not entitle the consumer to the right of withdrawal provided for by article L 121-20 of the same.