Corse Catamarans General Terms and Conditions
Art. 1 The Contract
The charter contract is part of the general terms and conditions. The rental agreement stipulates the references, complete address and phone number of the Customer and the Company, the chartered ship, the periode of rental with embarking and disembarking times, the price for the rental with options and extra equipments, the category of navigation and the number of authorized passengers. The contract signed by both parts will be valid only after collection of the first deposit. In case of non-payment within ten working days after the signature, it will be cancelled automatically. In case of non-payment of the deposits and the balance as specified in the Contract the rental will be cancelled after warning by registered letter, the deposit being kept by the renter. The loan or the subletting are forbidden. Limits for navigation area : 60° North, 25° South, 30° West, 38° East.
Art. 2 Cancellation by Customer
The rental period attached to the Contract may only be changed with the Company, depending on the solutions available. The amount for rental will be kept by the Company, whenever the Customer used the ship or not during the rental period, whatever the reason for cancellation. An insurance for cancellation shall be subscribded and self-paid by the Customer for his own benefit.
Cancellation policy :
More than 180 days before departure, deposits refurbishment less 300 euros retained by the Company for administrative treatment as conventional condition (not a fixed allowance). Between 180 and 90 days before departure, deposits refund of 50% of down payment less 300 euros retained by the Company for administrative treatment as conventional condition (not a fixed allowance).
Less than 90 days before departure, no refurbishment
In case if the charterered ship is not able to navigate, due to a mandatory equipment missing or a regulation issue, and if the Company is unable to provide a replacement ship similar and suitable within 48 hours, the Customer might cancel the Contract and obtain the complete refurbishment of his deposits without claining any damages.
Art. 3 Cancellation by Company
In case the Customer could not use the ship as expected due to an unfortunate reason or ship unavailability as a consequence of the previous rental, the Company will have full competence to replace it by a similar and suitable one within 48 hours or reimburse the Customer, who will not claim for damages. The reimbursement will be performed in accordance to the time of rental lost, without additional damages. In case if the replacement ship would be based elsewhere from main base, which requires a convoy, in case of delivery delay for some unfortunate reason undue to Company, the Company will offer to reimburse the Customer for the time of rental lost or the extend the rental by the time lost with no other damages. The Customer might pay for the required extras being reimbursed after by the Company.
Art. 4 Payment Conditions
Booking more than 3 months before departure : deposit 30% when booking, 30% 3 months before departure, balance 1 month before departure.
Booking between 1 and 3 months before departure : deposit 50% when booking, balance 1 month before departure.
Booking less than 1 month before departure : 100% when booking.
In case of balance failure on time, the Company might cancel the rental and reimburse 50% of the deposits.
Payments accepted : Visa, MasterCard., French cheque (not less than 1 month before departure), bank transfer, cash (not exceeding 50% of the rental).
Art. 5 Insurance and deductible part
The Company provides insurance for any damage which might be due to the Customer on the hull, equipments and accessories, partial or total theft (annex), hijacking and third party claiming for material and/or corporal damages (civil liability).
The Customer is self-covered for the insurance deductible.
Payment for the main insurance cover is included in the rental price. Annex lost or theft are not covered. In case of loss or theft of one or another accessories the Customer shall pay for the replacement by similar material during the rental or at its end. Insurance does not cover the carried persons from accidents which might occur. The Company shall not be responsible for the Customer personal belongings.
Art. 6 Hand-over
The Customer is declared in charge of the boat when balance paid, contract and general terms signed, deposit paid, contradictory inventory and hand-over procedure complete, signed by the Customer and a Company representative. No later than departure, Customer and captain shall give the Company a copy of their passports. The Customer shall communicate to the Company and/or the broker a list of embarked passangers, including full coordinates. The Company provides the Customer with a navigable ship, in a satisfactory mechanical state with full fuel and water tanks, equiped and insured according to the regulations in the Company country. A description of the boat, equipments and user manual are provided to the Customer during the chek-in signed by both parts. A mooring is provided for free by the Company for the last night onboard. Signature of the check-in assumes that the ship is in a clean and tidy state, except hidden issues. Before departure the Customer shall declare any missing or failure on safety equipments on the ship. Any claim 24h00 after departure or more will not be satisfied.
Dessalator, genrator, air condionning are assumed as auxiliary systems : in case of failure or unavailability Corse Catamarans shall reimburse the Customer on a pro-rabat basis with a maximum of 350 euros per rental
Art. 7 Use of the boat - Responsibilities – Damages
The Customer must be 21 at last when signing the Contract. Navigation alone is prohibited. The Customer is reputed suing the boat as « good family father » according to the rules and regulation of the visited countries. By signing the Contract, the Customer certifies that he/she is competent to handle the boat and that the Charterer has sufficient practical knowledge of seamanship, unless a company approved skipper has been employed to captain the boat for the entire charter period. The Customer, or the Captain on the Contract, declares his skills and abilities to manages the ship through a declaration to the Company or the intermediate company (broker).
The Customer is responsible for embarking no more passengers than allowed by the law. The boat shall not transport merchandise or carry passengers who are not notified in the crew list. Use the boat is limited to personal leisure : commercial operations, professional fishing, transportation and regatta are not permitted.
The Customer is explicitly liable for the boat in case any official authority confiscates it, due to inappropriate and illegal actions undertaken during the usage of the boat. All passengers with the exception of any skipper or cook provided by the company are considered guests from the charterer. The last is responsible for the safety and well-being of charter and all guests. In case these rules would not be respected, including honest mistakes, the Customer discharges the Company of the subsequent consequences, board of enquiry, police and/or customs procedures, trials, fees, confiscation or immobilization of the boat, and the Customer is indebted to the Company of a compensation covering the time of immobilization.
This compensation will be calculated according to the rental price in progress on the period.
The Company keeps the right to decline a boat hand-over to any person or crew who, in their opinion, is not suitable to take charge in spite of their declarations, skills and/or experience. In such a case the Customer shall choose between boarding (at his own expenses) a professional skipper provided by Corse Catamarans, stay in the harbor during all the rental and pay for the mooring fees, or cancellation of the Contract without further liability on either party. In case a professional skipper is embarked the Customer remains responsible for his own acts and his crew. The Customer remains indebted of the deposit of the pledge and the insurance repurchase franchise.
The charterer shall pay any additional running expenses not included in the charter price : fuel expenses, tourist taxes and a mooring place outside the marina.
The Customer is expected to fill a daily logbook with destination, boat and equipment condition, informations about the navigation, incidents, damages, and back to the Company at the end of the rental. In case of material failure due to normal use (excluding unadapted use, mistake...) the Customer is allowed to replace or repair as long as it does not represent more than 10% of his deposit. For a bigger amount the Company must be advised first. Reimbursement will be done on arrival, with presentation of an invoice.
In case of mishap or loss, the Customer must immediately report to the Company, ask for instructions and provide her with a detailed incident report within 48 hours by letter, fax, email. Failure to notify the Company within delays may invalidate the insurance, as a consequence for the Customer to pay for all the damages expenses. Deprival of the use further to accident or mishap shall not be reimbursed unless the Company's liability is proved. If so, a 48 hours franchise shall be applied.
In case of hotel equipment loss (laundry, bed clothes, dishes, kitchenware, cockpit cushions), the Company will replaced it identically at the expense of the Customer, including transportation fees. A price list is available at the Company.
Before leaving the base, the Customer shall look for the weather conditions announced for the first days of the cruise. Cruising with winds Beaufort level 7 or more is not permitted. In such conditions the Customer shall stay near the departure harbor or within 5 miles from a safe anchorage. During the cruise the Customer must remain constantly informed of weather conditions and avoid navigation by winds Beaufort level 7 or more announced by « Weather Safety Report ».
Art. 8 Boat return - deposit refund
The boat must be returned to the original base of embarkation at the time and date agreed on the Contract, with full fuel and water tanks. As soon as possible the Customer will advise the Company representative in order to complete a contradictory inventory. Time passed for the inventories is a part of the rental. Failure to return the boat on the due date will be charged on a double daily rate basis plus any other charges of incidental losses incurred by the company. A new day began is fully charged.
Bad weather is not an acceptable argument, to make allowance for it is the Customer responsibility. Nevertheless, navigating with winds Beaufort level 7 or more to rejoin the arrival base is not permitted, in such conditions the Customer shall contact the Company representative and ask for instructions. If for any reason the Customer would not be able to bring the boat back to the required harbor, then he will have to manage himself the care taking and conveyance by a qualified skipper at his expenses. The rental ends after the effective boat return according to the conditions detailed in these General Terms and Conditions.
The Customer is expected to return the boat in good condition, and clean. When contradictory inventory complete, and if these conditions are respected, the deposit shall be returned to the Customer within one month.
If not, the missing and/or deteriorated material shall be replace at the expense of the Customer.
In such a case the deposit might be collected without previous notice. In case of mishap or loss covered by the insurance, the deposit refurbishment will be delayed until the complete treatment of the loss by the insurance, with deductible part and extra charges due to the mishap.
Art . 9 Consumable
The ship is delivered with full tanks : water, inboard and outboard engines fuel, gas for the kitchen. Water and fuel are at the expenses of the Customer, who shall bring the boat back with full tanks.
Art. 10 Collection of the Deposit
At the end of the rental, all sums due by the tenant must be paid at the base, before the departure of the tenant. In the event of a claim, deterioration or loss, the lessor is expressly authorized to cash the deposit without notice and without the tenant being able to oppose any exception whatsoever. After said collection, the lessor or his agent will send the lessee any balance due to him.
Art. 11 Disputes
This contract is expressly subject to French law. The parties expressly undertake to try to settle amicably any dispute that may arise between them. Failing to reach an amicable agreement, concerning the disputes between the parties to the rental contract, the parties undertake to submit any dispute to the French courts.
Concerning disputes related to this reservation contract, these must be submitted to the competent court on which the head office of the Company CORSE CATAMARANS depends.
Art. 12 Computers and freedom
All the data contained in article 1 concerning the Customer may be integrated to Corse Catamarans numeric data folders. According to the law « computers and freedom » as of 6th January 1978, the Customer shall access and modify tany data dealing with him in these folders.
Art. 13 Animals
Animals are not allowed on board
Art. 14 Regatta
The ship is not allowed to compete in any regatta.
Art. 15 Images
We do our best to illustrate our proposals with images trying to give you a realistic plan of the suggested services. However, all images appearing in the description are merely an illustration of our services. They engage only CORSE CATAMARANS and allow to indicate the category or the standard degree of its services.
The customer will have to affix his initials on all the pages of these general conditions which comprise three pages.
Signature of the tenant (Make precede the signature with the mention " read and approved ")