
CAMARGUE-FISHING-BOAT
TERMS OF SALES
Camargue Fishing Boat can in no way be held responsible for the behavior of people, nor for the condition of the boats when they are returned.
The “Owner” designates the company Camargue Fishing Boat
The "Tenant" designates any person wishing to rent a boat and signatory of these GTC.
ARTICLE 1 – OBLIGATIONS OF THE OWNER
The Owner undertakes to entrust the Tenant with a boat equipped and armed in accordance with the laws and regulations in force for the navigation category. The Owner undertakes to rent his boat in a perfect state of operation and cleanliness, the consumable goods carried out.
The owner undertakes not to entrust the boat to the tenant if he is aware of a technical problem affecting his safety.
ARTICLE 2 – OBLIGATIONS OF THE TENANT
By default, the Tenant is declared as the skipper of the boat, having the necessary knowledge to accomplish the intended navigation. As such, he is responsible for both the boat, its equipment and its passengers, in accordance with the laws and regulations in force.
The tenant of a motor boat over 6hp certifies that he holds the river license of which he must provide a photocopy (in the case of a boat without a license, he must be informed of the regulations).
The tenant certifies to be able to pilot the rented boat; and assure the Owner of his knowledge of river matters.
The Tenant is entitled to appoint any other person as the captain of the boat. In this case, the name of the said person must be indicated in the Rental Agreement provided by Camargue Fishing Boat.
If the owner judges that the appointed Skipper, whoever he may be, does not have the skills to take charge of the Boat or to ensure the safety of the Boat and/or its passengers, he is unilaterally entitled to cancel the reservation of the Boat or not to complete the Rental of the Boat.
The Tenant confirms to hold in his bank account the amount of the security deposit, if applicable, from the Reservation Offer and up to 24 hours following the end date of the Rental,
The Tenant guarantees to be the owner of the bank card used for the reservation of the Boat.
ARTICLE 3 – TAKING CHARGE OF THE BOAT
In fact, the management of the boat by the Tenant takes place on the agreed date, when the balance of the price has been paid, the deposit paid, the inventory and the inventory completed and signed by the parties and when the Owner gives him the keys to the Boat.
The tenant accepts the boat in the state it is in after having visited it and having carried out a contradictory inventory of the on-board equipment. The tenant must ensure that he has understood the proper functioning of the boat.
ARTICLE 4 – CONTRADICTORY INVENTORY OF THE BOAT
Contradictory inventories of taking and returning the Boat are made available to Owners and Tenants by Camargue Fishing Boat in an informative manner. Each contradictory inventory must be produced in two (2) identical copies, of which one (1) is held by the Tenant and one (1) is held by the Owner. Each copy is signed by the Tenant and the Owner.
Each contradictory inventory must state and establish the situation of the boat and any damage, damage, damage and/or problem of any kind present on and in the Boat. These concern the visible, apparent, non-visible and mechanical elements relating to the Boat.
The Owners and Tenants are solely responsible for the production, drafting and keeping of the contradictory inventories of the Boat. Similarly, they are not authorized to carry out any inventory separately or to make unilateral changes. Camargue Fishing Boat can in no way be held responsible for any absence, failure, insufficiency and/or falsification with regard to any inventory.
The signing of each contradictory inventory by the Owner and the Tenant constitutes recognition of the condition of the Boat with the exception of hidden defects and normal mechanical breakdowns likely to appear during normal use of the Boat.
The contradictory inventory of fixtures and return of the Boat will be made during the "Check-in" & "Check-out" at the same time as your rental contract via the Nauticoncept application and automatically sent to the parties by email. They can be given on paper at the request of the tenant.
ARTICLE 5 – USE OF THE BOAT
The tenant agrees:
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to embark only the maximum number of passengers corresponding to the regulations, and not to exceed the navigation zone set by the Owner and the regulations.
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to use the boat for pleasure boating within the framework of the legislation in force and in correspondence with the type of equipment of the boat; to this end, the tenant will be solely responsible for the consequences of any violation.
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not to carry out, using the boat, any trade, professional fishing, transport, regatta or other operation. Subletting and/or lending the Boat is strictly prohibited.
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not to abandon the boat after an accident or a breakdown and to keep it under his responsibility until it is taken over by the owner or the insurer.
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to notify the owner of any event affecting the boat as soon as possible.
ARTICLE 6: RETURN OF THE BOAT
The lessee returns the boat to its starting point on the dates and times agreed between the Parties when booking the boat.
Any delay in returning the Boat is likely to result in an increase in the rental price. In this sense, any hour started for exceeding the Rental is invoiced at the hourly price of the rate in force plus penalties corresponding to fifty percent (50%) of the hourly rate in force at the time of the rental. In case of delay in the return of the Boat, the Tenant undertakes to notify Camargue Fishing Boat.
The Tenant returns the boat and its accessories in the same condition as that observed when taking charge. This concerns in particular the good working order and cleanliness of the boat. Although the final cleaning is the responsibility of the Owner, the boat must be returned in a correct state (boat & equipment stored, bins emptied). In the event of abuse, additional cleaning costs will be invoiced at a flat rate of €50 including tax payable by the tenant. (For this purpose, a deduction from the deposit may be made.
The Boat must be returned with the same level of fuel tank as that observed when taking the Boat for Hire. If the level observed when the Boat is returned is lower, CAMARGUE FISHING BOAT reserves the right to invoice the difference in fuel level to the tenant at cost price, plus €50 including tax for labor and handling. We will ask you for your gas ticket for verification.
Any deterioration(s) and/or loss(s) noted, even partial, of the rented boat and/or its equipment when the Boat is returned must be indicated in the inventory. contradictory handover of the boat. They are highly likely to be charged to the Tenant and to induce additional costs deducted from the deposit.
If for any reason, the tenant is unable to bring the boat back to its port of departure himself, he will have to ensure the return at his own expense after having notified the owner.
ARTICLE 7 – TERMS OF PAYMENT
A deposit of 50% of the amount of the price of the rental of the boat will be requested from the Tenant at the time of booking the said boat. The balance of the total rental price including VAT (boat + any options) must be paid before the boat leaves on the day of the rental.
In the context of a reservation occurring less than 7 days before the rental date, 100% of the amount of the rental price will be requested from the Tenant at the time of reservation.
The payment of a deposit is equivalent to the acceptance of the rental contract and our CGL.
ARTICLE 8 – DEPOSIT
When taking the Boat a deposit will be requested from the Tenant. This additional deposit will be notified to the tenant before the confirmation of the reservation and accepted by the tenant.
The amount of this deposit will depend on the value of the rented boat.
The purpose of the deposit is to guarantee the deteriorations and/or losses observed, even partial, of the rented boat which are attributable to the Tenant. In the event of deterioration of the rented property or loss of accessories attributable to the Tenant, the repair costs will be invoiced to him and deducted from the deposit.
The amount of the deposit does not constitute any enforceable limit of liability. The Parties retain all power to exercise their rights to exercise any remedy for compensation for damages suffered.
Without a complaint from the Owner, the deposit is automatically returned to the Tenant within forty-eight (48) hours from the return of the Boat.
Article 9. CANCELLATION OF THE RESERVATION BY THE TENANT
Any cancellation must be notified to the Owner in writing. If the cancellation occurs less than 3 days before departure, the amount of the contractual installments remains with the Owner. If the cancellation occurs between 4 and 7 days before departure, 50% of the contractual amount remains with the Owner; more than 7 days, 100% of the amount of the sums paid for the reservation are returned to the tenant.
Article 10. TERMINATION OF THE CONTRACT
-BY THE TENANT
The period for which this contract has been concluded may only be changed with the Owner's agreement and to the extent of its possibilities.
In the event of a request for termination during the contract by the tenant, the amount of the rental and the installments paid will remain acquired by the Owner, whether or not the tenant has used the boat during the rental period, whatever the reason for the this vacation.
If the boat is not delivered in seaworthy condition, either for lack of 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 tenant can break this contract and obtain the restitution of the sums paid and the costs incurred without being able to claim compensation for damages or any other compensation.
-BY THE OWNER
In the event that, as a result of damage occurring during the previous rental(s), or any impediment independent of its will, the Owner cannot give the enjoyment of the boat on the agreed date , he will have the full option according to the choice of the tenant either to make available to the tenant a boat of equivalent or greater size, or to return the sums paid by the tenant without the tenant being able to claim damages.
In case of late availability of the boat, the rental price will be recalculated on the basis of the number of hours or days of availability of the boat, without the tenant being able to claim damages.
ARTICLE 11 – DAMAGE OR LOSSES
In the event of damage(s) and/or loss(s) of equipment made during the Rental, the Tenant and/or the Skipper must:
-Consult the rental company by phone on 07 49 67 59 11
-If the damage or loss is slight and does not prevent the continuation of the Rental or the cruise: have the damaged, lost or missing equipment repaired or replaced, provided that the expense does not exceed thirty euros (€30) . The costs he may be required to incur will be reimbursable on his return upon presentation of a detailed invoice in the name of the Owner, only if the advance or the loss is not due to fault or negligence on the part of the lessor or the people on board.
-If the damage or loss is more significant and/or prevents the continuation of the Rental: the tenant must immediately contact the Owner and CAMARGUE FISHING BOAT to receive instructions that he must follow exactly.
Under no circumstances may the loss of use of the Boat due to damage or bad weather give rise to compensation for the benefit of anyone.
ARTICLE 12. INSURANCE AND LIABILITY
The Owner declares to have taken out an insurance policy with the company MMA which covers the civil liability of the user.
The persons transported as well as personal effects and objects are not insured. Accessories and equipment are only insured in the event of break-in, the tenant is personally liable.
Under no circumstances is the theft of personal effects insured.
Finally, the tenant remains responsible for the consequences of his actions under his civil liability vis-à-vis any third party to this contract and in particular the owner of the boat.
The tenant releases the Owner from all liability concerning the practice of water sports such as water skiing, wake-boarding, knee-boarding, paddles and equivalent.
ARTICLE 13 – DISPUTES
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I) In the event of a dispute, the Owner and the Tenant undertake to come together to find an amicable solution.
If the Owner and the Renter fail to find common ground, said dispute will automatically be submitted to the competent courts.
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II) Nauticoncept® module
The module offers the possibility of knowing the status, location and operation of the boat on an application connected by internet. It allows you to keep a constant eye on the condition of the boat.
The entire fleet is equipped with modules allowing access to the following information:
The geolocation of the boat in real time thanks to a GPS
Our boat is monitored 24 hours a day, 7 days a week by our team and we are notified by email and text.
/!\ It is strictly forbidden to intervene on the gps module
ARTICLE 14 – APPLICABLE LAW AND LANGUAGE
These General Conditions of Rental CAMARGUE FISHING BOAT are subject to French law, the only law applicable in the matter.
These General Rental Conditions are written in French, the only applicable language. Any translation of these General Conditions of Rental can only be of a purely informative nature.