Conditions générales de location
Necessarily mentions company and charterer's names and addresses, renting period with date and hour of boarding, maximum number of persons allowed on board, charter-rate, extra fees, options included , linen, yacht insurance value, amount of security deposit, deductible and administration costs.
Article 2: Yacht insurance
A- Yachts are covered by a full comprehensive insurance and a third party liability with a deductible. This marine insurance policy covers all damage charterers may cause the yacht, its accessories and dependencies. It covers theft of parts of the boat or of the entire boat - except theft of dinghy and its outboard motor - and highjacking. The charterer provides his own insurance for the amount of the deposit. In case of theft or loss of dinghy and/or its outboard motor, the charterer is to refund the totality of the costs of replacement by new material. B- Payment of the insurance premium is included in the charter fee. C- The insurance policy does not cover any accidents suffered by the crew or passengers, except if the accident is caused by defective or faulty equipment. D- The company disclaims all responsibility in loss or damage of the crew's or passengers' personal belongings. Individual insurance policy can be contracted by the charterer on his own expense in order to cover the risks mentioned in paragraphs C and D.
Article 3: Cancellation by the company
Should the booked boat not be available due to damage occurred during the previous hiring period or due to unforeseen circumstances, the company reserves the right either to offer a different type of yacht of similar size or larger, including at least the same number of berths, or to make a full refund of the charter fee, without any further payment of damages. The amount of the repayment is calculated proportionally to the lost sailing days, with no further refunding of additional costs. Should the yacht be delivered in an other port of embarkation than the one in which it is regularly based, as in the case of a one-way ordered by the charterer, and should a delay in supplying the boat due to bad weather or other unforeseen circumstances occur, the company can offer to extend the charter period in proportion with the lost days and hours, or to refund the wasted period without any further payment of damages. Should the charterer be compelled to embark in another port than the one previously determined, all transport costs should be paid by the company. In such case the charterer may be led to advance money for the transport costs, which will be reimbursed by Aqualodge company according to invoices.
Article 4: Cancellation by the charterer
A- The charter period can be changed only in accordance with the company. B- Payments are kept back by the company as followos: 10% of the charterfee if cancellation until 3 months before departure 50% of the charterfee if cancellation until 1 month before departure 100% of the charterfee if cancellation less than 1 month before departure C- The charter fee is kept back by the company, whether the charterer makes use of the boat during the hiring period or not, whatever may be the reason for the vacancy. D- The charterer may contract a travel and cancellation insurance in order to cover cancellation charges. E- Should the hired yacht not be sea-worthy due to missing safety equipment or licences, the company is bound to offer an alternative yacht within 48 hours. In the contrary case, the charterer is entitled to cancel the contract, and the company will be compelled to reimburse the full amount of the charter fee without any further payment of damages. During this period of 48 hours the company is to offer the charterer a different yacht in order to lodge him. The charterer cannot claim any other additional costs.
Article 5: Use of the boat - liabilities
A- The charterer commits himself to sail the boat with all due care and attention and in accordance with the current rules. B- The charterer has to be at least 22 years old. C- The company reserves the right not to hand over the yacht if the company estimates the charterer not in possession of the necessary competencies to operate it. In such case, the charterer is compelled to accept the cancellation of the charter contract without any reimbursement. Neither charterer nor company can claim further damages. D- The charterer accepts no more than the authorized number of passengers on board. G- The impossibility of sailing due to damage gives rise to no reimbursement, even partial, of the paid charter fee, unless the charterer has no responsibity in the damage. In such case, the charterer must accept 48 hours repairing delay. H- The boat is chartered at the mooring. The charterer cannot move her. Only the charter company or her employees is authorized to move her. I- During hurricane periods the charterer has to respect the usual directions.
Article 6 : Embarkation
A- The embarkation is only possible after having paid the totality of the charter fee, handled out the security deposit, signed the inventory list and acknowledge the good condition of the yacht. The company must provide a sea-worthy yacht, equipped and insured for the navigation class, in accordance with the laws and regulations of the relevant authorities. B- The description, equipment and fittings of the boat are listed on the inventory, which is to be handled out to the charterer with the certificate of registry and the safety certificate. The charterer has 24 hours to check the good sailing condition of the yacht and of its equipment. The charterer's signature of the inventory list confirms the acceptance of a good and clean boat, except hidden defects.
Article 7: Disembarkation and surety deposit
A- The charterer is requested to disembark at the previously determined date and hour, unless agreed by the company, and confirmed in written arrangements. The charterer is to immediately announce his return, in order to fix with the company the time for the disembarkation inventory, for which the yacht is to be emptied of luggage and passengers. The time spent for cleaning and inventory is part of the official charter period. B- The charterer is to return the yacht in clean and tidy state and without damage or loss of equipment. If such is the case, the security deposit will be returned to the charterer within maximum one month. C- In case the boat is returned unclean or untidy, the charterer has to pay the cleaning costs D- - If damage of the yacht or its equipment is recorded, or if accessories are missing, the charterer is to pay for the repairing or the replacement. The amount will be deducted from the security deposit E-. If damage or loss are covered by the insurance (Article 2) the security deposit of the charterer will be held until the insurance policy has refunded the company. The company will thereafter return the charterer the security deposit less the deductible, less administration costs (telephone calls, telegrams, reports, surveillance, ...)
Article 8: Litigation
All litigation will be handled by the jurisdiction of the tribunal (law court) of commerce of the registered office district of the company. AQUALODGE Sarl Marina de Bas du Fort Residence Les boutiques du Moulin N°1 97110 POINTE A PITRE ( GUADELOUPE ) Tel : +590 (0) 590 90 16 81 Rcs PaP 2006 B 403 Siren 489 859 827