GENERAL CONDITIONS FOR RM CROISIERES SEASON 2018-2019
Article 1 of the lease stipulates references and contact details of the lessor and the lessee, the chartered vessel, the lease including boarding and disembarking times, the price of the rental price matching options not included equipment, navigation category and the number of authorized passengers, the ship's value and the amount of the insurance deductible.
ART. 2: TERMINATION BY THE TENANT AND CANCELLATION
a) The period for which has been entered into this agreement may be changed only with the consent of the lessor and the extent of its possibilities.
b) The rental amount will be forfeited to the lessor the tenant has used or not the boat during the rental period, regardless of the reason for the vacancy.
c) A cancellation insurance can be contracted by the tenant for his benefit and expense. A copy of this excess insurance can be addressed to the tenant on request.
d) Cancellation Policy:
• More than 180 days before departure: refund of installments paid € 300 in respect of the owner's management fee, with the understanding that it is a treaty provision and not a lump sum.
• Between 180 and 90 days: 50% refund of installments paid € 300 in respect of the owner's management fee, with the understanding that it is a treaty provision and not a lump sum.
• 90 days or less: no refund
e) If the boat comes not seaworthy or lack of essential security or because it does not comply with the regulations and if the landlord is not able to offer a boat with the same number of berths in 48 hours, the tenant may terminate this agreement and obtain a refund of amounts paid without being able to claim compensation for damages.
ART. 3: TERMINATION BY THE OWNER
If for any reason beyond the control of the landlord or by following damage during the previous lease, the landlord can give the enjoyment of the boat at the agreed date, he will have the full opportunity to be available the tenant within 48 H a sailboat with the same number of berths, and similar dimensions, either to repay the sums paid without the latter being able to claim damages. The refund will be in proportion to the loss of use without the tenant being entitled to support any additional costs. In the case of provision of the ship on a basis other than the main base of the lessor, that is to say, with the need for a ferry boat at the request of the tenant in the event of late delivery for reasons beyond the control of the lessor (inclement weather or other) and franchised 48 M, the lessor to the lessee offer reimbursement of days of delay or extension of as much of the rental period or the costs of care transport to reach the ship where it is without alternative compensation. If necessary, the tenant will be able to advance transport costs, the latter being repaid him by RM CRUISES on presentation of receipts.
ART. 4: PAYMENT
Booking more than 3 months before departure: 30% deposit on booking, the second installment of 30% 3 months before departure, balance 1 month before departure
Reservation 1 to 3 months before departure: 50% deposit on booking, balance 1 month before departure
Booking less than a month before departure: 100% on booking
In the event that the regulations would not be made as scheduled, RM Cruises reserves the right to cancel the lease without the tenant being entitled to any refund.
Method of payment accepted: Visa, MasterCard, french check, bank transfer. Attention no check within one month of departure, the cash payment in euro is allowed but may not exceed 50% of the total rental
ART. 5: THE SHIP INSURANCE AND DEDUCTIBLE PRICE
The owner claims to have taken out an all risk insurance policy guaranteeing the tenant Damage caused to the body of the boat, its parts and accessories, partial or total theft (except Annex and HB), diversion and use thirds for property damage and bodily injury (liability). The renter is responsible up to the amount of the deductible, stipulated in Article 1 of the lease. A copy of the damage waiver insurance policy will be sent to the tenant on request. Payment of the principal insurance premium is included in the rental price. The loss or theft of the Annex and its engine are not covered. In case of loss or theft of one and / or the other of these accessories, the tenant shall bear all new material from the redemption identically, during or at the end of its lease. The policy does not guarantee the persons transported accidents they might be victims.
The owner disclaims any liability for loss or damage on the tenant's personal property or that may affect the tenant and his crew. Individual insurance can be contracted by the tenant, for his benefit and expense to cover the risks mentioned above.
Insurers reject any payment for towing / rescue as part of a clause LOF (Limitation of Funds - Limitation Fund) or other document No Cure No Pay (No Income, No Pay) without the prior consent of Insurers.
Special conditions regarding regatta (including deductible and doubled bail, made 7 days prior to departure by pre Visa or MasterCard credit card authorization), please contact us.
ART. 6: MANAGEMENT OF BOAT
In any event, the management of the boat is made by the tenant when the total rental amount was settled, the contract signed and the present circumstances, the deposit paid by MasterCard, Visa or cash in euros, setting hand made and inventories signed by both parties. At the latest before departure, the tenant and his skipper are required to submit to the renter and / or its central agent a photocopy of their passport. The tenant must notify the lessor and / or its central agent a crew list with full details of all persons on board. The owner must give the tenant a boat seaworthy, equipped and maintained in accordance with the laws and regulations of the country of the lessor. The description of the vessel, its weapons and equipment items are listed on an inventory which must be given to the tenant together with notices of instruments and the ship's papers.
The owner is committed to the tenant a free berth in the port of shipment the first and last day of rental. The signing of the inventory is recognized by the lessee of good working and cleanliness of the boat, with the exception of hidden defects. Before departure, the tenant must report any absence or inadequacy of a safety element of the ship that is supposed to be familiar since it has an obligation to conduct a complete and thorough inventory of all boat elements before his departure. It is forbidden to leave without the tenant that he was satisfied with the replacement of inadequate or faulty component. Any claim not made within 24 H inadmissible as not having been submitted on time.
ART. 7: USING THE BOAT-DAMAGE LIABILITY
The tenant must be at least 21 years of signing the contract. Solo sailing is prohibited. The tenant agrees to use the boat in "good father" and in accordance with the regulations of the authorities of the countries visited including customs declarations and payment of customs duties on arrival and departure of each State visited.
The tenant or the skipper designated in the contract, says he has the knowledge and experience to the proposed navigation. He will fill out a form summarizing his nautical experience and return to the lessor and / or his agent.
The owner reserves the right to refuse the provision the boat if the skipper and / or crew do not appear to have sufficient competence, notwithstanding references, patents and licenses submitted. In this case, the tenant must either accept, at its expense, the presence of a licensed professional skipper by the lessor on the boat or his contract terminated without refund or compensation, or even be forced to remain behind in whole stay by supporting postage.
In case the presence of a skipper is required, the tenant remains responsible for all his actions and those of his crew, especially when participating in maneuvers, steering, etc. ... As such, the tenant remains liable for the posting of the bond.
The tenant agrees not to board the number of people allowed. It undertakes to use the boat for boating, excluding any sales operation, professional fishing or transport. It undertakes to inform the lessor for participation in regattas. The lessee expressly discharges the lessor from liability as an owner or another, due to a breach of the prohibitions or others, and will respond only vis-à-vis the police, customs and services maritime, lawsuits, lawsuits, fines and forfeitures incurred by him as a result, even if unintentional negligence on his part. In case of seizure, confiscation or immobilization of the leased boat, the tenant will be required to pay the lessor a contractual mandatory compensation corresponding to the current rental rate throughout the period in which the vessel is seized.
The tenant is obliged to keep a log book in which shall be entered all the information on navigation and the relationship of all incidents and damages related to boat and navigation. It must be left on board at the end of lease.
It is strictly forbidden to sail at night (unless waived by the base manager) to come in and go out at night a set in a marina or port. Some areas may be closed to shipping (including the windward coast in Martinique), the latter being specified at hand commissioning by the lessor.
In case of loss or damage during the lease resulting from normal wear and tear, the lessee is authorized to make on the spot, under its responsibility, the initiative of the repair or replacement, provided that the amount does not exceed 10% of the amount of the deposit paid at the start. This expense will be refunded to the tenant by the base manager on his return on presentation of an invoice, if the loss or damage is not due to the fault or negligence of the tenant or persons on board. The tenant must consult the landlord for repairs exceeding that amount.
If any damage or sea makeshift happen, the tenant must inform the landlord asking for instructions and to send it by mail, telegram, fax or e-mail a detailed statement of claim within 48 hours subject to revocation. If the tenant fails to make this step, it could be required to pay all expenses of the damage. Deprivation of consecutive tenure to damage incurred during the rental will not be subject to any refund, even partial, of the amount of the rent, whatever the cause of the problem, except if they are not attributable to the tenant. If necessary, an excess of 48 M will be applied.
In case of loss of hotel equipment (linen, bedding, dishes, cookware, cockpit cushions ...), the lessor will hold its replacement in the expense of the tenant including shipping cost and duties for transporting equipment to the starting point. A price list of this material is available from the lessor.
Before leaving port at the beginning of the lease, the tenant is required to inform the weather and sea conditions expected for the first days of the rental. It is recommended him not to go to sea when winds forecast Beaufort force 7 or more. In this case, the tenant must stay close to the port of departure or very close to a shelter along the coast which he did not leave more than 5 miles. Throughout the lease, the tenant must be constantly listening to the weather reports and refrain from sailing every time notice force winds and 7 is announced, let alone in hurricane season. For an announcement of a depression, tropical storm or cyclone, the tenant is required to join the marina, shelter or "hurricane hole" listed as such. In case of breach of these safety regulations, the total liability of any loss or damage would be for the tenant. Subletting or lending is strictly prohibited.
ART. 8: RETURN OF THE BOAT AND SECURITY INSURANCE
The renter must return to port within the time stipulated by this contract subject to subsequent mutual agreement confirmed in writing. Upon his return, the tenant must report his presence to the base manager and make an appointment for the joint inventory. The inventory time an integral part of the rental period specified in the contract. Each day of delay will entitle the hirer to twice the daily price of this rental whatever the cause of the delay. Bad weather can not be invoked as a cause, the skipper to take all measures to avoid this possibility. Nevertheless, it is prohibited skipper to sail in case of force 7 winds forecast Beaufort and more to reach the ship's return basis. In this case, the tenant must contact the rental basis which will give him any instructions. If for any reason the tenant is not able to bring himself the boat to the agreed port, he shall, at its expense and risk, ensuring guarding and do bring a qualified conveyor after notifying the landlord or his representative. The lease expires after the return of the boat to the lessor to the conditions set out above. The tenant must return the boat in good condition and clean. If his condition is satisfactory, the deposit will be returned to the tenant at the latest within a period of one month after
the delivery of the ship. If damage or loss to the boat an accessory in the inventory is established, the tenant is required to pay for the repair or replacement nine identically. To this end, without notice receipt of the deposit can be made. Disaster covered by the insurance of the boat, the refund will be delayed until full settlement of the claim by the insurance company, minus the deductible and any incidental costs possibly caused by the disaster.
ART. 9: CONSUMABLE MATERIALS
The boat comes with full of water, diesel, gas for cooking and fuel for the outboard engine. All consumables during the rental are the responsibility of the tenant and it must return the vessel with full of water and diesel.
ART. 10: COLLECTION OF SECURITY INSURANCE
At the end of the lease, all amounts due by the tenant must be paid at the base before the departure of the tenant. In case of loss, damage or loss, the renter is expressly authorized to collect the deposit without notice and without the tenant can oppose any exception. After cashing said, the landlord or his agent send the tenant any balance due to him.
ART. 11: DISPUTES
Any dispute regarding this contract will be the jurisdiction of the court to which the seat of the lending company.
ART. 12: The information contained in section 1 of this contract and for the tenant may be incorporated into computer files
RM CRUISES. In accordance with the law called "IT & Freedoms" of January 6, 1978, the tenant has a right to access and correct as to the information concerning in these files.