Molokoi

Rédigées par la société de charter, telles quelles et dans sa langue. navi-gate n'en est pas partie.

GENERAL TERMS AND CONDITIONS Societé Tahitienne de Charter arranges the rental of boats, owned by private Boat Owners. All our offers are subject to the terms and conditions of Société Tahitienne de Charter's General Rental Conditions below. GENERAL RENTAL CONDITIONS Art 1 : General The purpose of this contract is a bareboat rental, arrange by Société Tahitienne de Charter (hereinafter the Lessor) and with the Boat Owner's agreement. The identification of the lessor, the lessee and the boat as well as the price and rental period are stipulated in the quote. Payment of the deposit by the lessor constitutes acceptance of the general conditions of the contract. Art 2 : Terms of payment Payment for the rental is made in two instalments: a) Initial payment of 50% of the rental, which confirms the booking, b) The balance of 50% and payment for options are due 40 days before the departure date. Art 3: Taking charge of the boat The lessor may only take charge of the boat once the following formalities have been completed: a) Full payment of the rental of the boat and the options, and of the security deposit. b) Signature by the lessor and the lessee of the boat acceptance (check-in), which covers the inventory and the condition and equipment of the boat. c) Receipt of the following documents by the lessor - A copy of the identity document of the lessee - The identity (name and DOB and address) of all persons on board the rental boat - Diplomas and nautical cv of the lessee or of his nominated skipper d) The lessor reserves the right to check the skills of the lessee and/or his crew in manoeuvring and sailing, including by accompanying them at sea. In the event of an unsuccessful trial, the lessor will be authorized to terminate this contract and retain the amount of the hire and options, or, if a skipper is available, to nominate a skipper for as long as deemed necessary for the safety of the boat and its passengers. The cost of the skipper will be borne by the Lessee. Art 4: Delivery of the boat a) The boat must be returned by the lessee or his skipper to Papeete, Tahiti, on the date and at the time specified in the lessor's invoice. b) If the return of the boat is delayed due to a case of force majeure as defined below, the return will be considered as soon as possible. In the meantime, the conditions of the Contract will remain in force, but without any penalty or additional costs to the lessee. c) In the event of late return due to adverse weather conditions, the lessee will extend any contract with a skipper as long as is necessary to return the boat safely to Papeete. d) If the Lessee abandons the boat in any place other than Papeete, Tahiti, the lessee undertakes to pay the Lessor the costs of transporting the boat back to its base, as well as compensation equal the daily rental price during the period plus 50% per day of delay. Any day started counts as a full day. Abandonment is defined as leaving the boat for more than 12 hours. e) In the event of late return due to a change of port of arrival or itinerary on the part of the lessee, the lessee undertakes to pay the lessor compensation equal to the daily rental price during the period plus 50% per day of delay. Any day started counts as a full day. If the delay in returning the boat exceeds twenty-four (24) hours, the Lessee will be obliged to compensate the Owner or follow-on lessee for any loss or damage that they may suffer as a result of the loss of use of the boat or the cancellation of the rental period. Art 5 : Check-in and out procedure a) The Lessor undertakes to provide the Lessee with a seaworthy boat, equipped in accordance with the laws and regulations in force. b) The time required for the inventory and presentation of the boat (check-in) will be taken from the rental period. The Lessee may freely use the boat as soon as he/she has signed the check-in and received all the boat's documents. c) The check-out will happen on the return to the base of the Boat in the presence of the lessee or if not present with their nominated skipper. The time required to undertake the checkout must be included in the skippers contract with the lessee. In this case the skipper is considered to be the authorised signatory of the Lessee for the checkout procedure. d) The Lessor undertakes to respond to any complaint received within a maximum of 1 week after the end of the Lessee’s rental. Art 6: Obligations and warranties of the Lessee a) If the Lessee (or a member of the crew) is to operate the Boat, the Lessee warrants that such person is experienced and authorised to do so, and competent in the handling and operation of a Boat of the type named in this Agreement and that he/she has sufficient practical knowledge to properly exercise full authority over the Boat. The role of skipper shall only be given to a person qualified to do so. The skipper must complete a "Sailing CV" and hold a current skippers certificate (type BC200 or similar) according to the requirements of the Boats flagging and insurance. The lessor reserves the right to check the Lessee and/or his crew's skills in manoeuvring and sailing, including by accompanying them at sea. b) If the Hirer does not hold a current skippers certificate, he/she must be assisted by a professional skipper. The skipper must be recruited by the lessee and sign an employment contract with him/her for the duration of the charter including any delivery and the checkout procedure. A professional skipper means the holder of a BC 200 certificate (or higher) or equivalent according the boats flagging and insurance requirements. The professional skipper may be a sole trader or an employeé of a maritime work company. He or she must have professional civil liabilitý insurance. The contract binding the lessee and the skipper must be sent to the lessor before the rental starts. The contract between the lessee and the skipper must include any outward and return transport prior to embarkation and following disembarkation of the lessee. Art 7: Lessee responsibilities a) Before signing the boat acceptance (check-in), the Lessee must inspect the boat, its equipment and its inventory in detail, in order to check that everything is available and in good working order. He may make any reservations or observations he deems necessary. The lessee/crew will be able to use the boat freely as soon as he/she has signed the acceptance report and received the Boat documents from the lessor. b) As soon as the Lessee takes charge of the boat, he/she acquires legal custody of the boat and is therefore solely liable, under the conditions of common law, for any damage that may be caused to persons on board the boat, to the boat itself or to third parties. The Lessee retains legal responsibility for the boat if the Lessor puts him/her in contact with a skipper. c) The Lessee accepts responsibility for all crew and passengers on board, and undertakes to inform them of these conditions. d) After taking charge, all expenses such as port charges, purchase of fuel, oil, water and other consumables are the responsibility of the Lessee, as are the costs resulting from damage or breakdown, except in the case of normal and natural wear and tear. e) In the latter case, the Lessee must contact the Lessor and obtain an agreement for the repair, justifying its technical necessity and indicating its cost. The Lessee must keep the invoices and receipts relating to this repair, on the basis of which he/she may be reimbursed by the Lessor at the end of the rental period. The Lessee undertakes to take all possible preventive measures to avoid having the boat towed by another person. However, should the manoeuvre prove necessary, despite their efforts, the lessee undertakes to negotiate and reach agreement with the captain of the other boat regarding the price to be paid, prior to towing. f) In the event of an accident involving another boat, irrespective of damage to one or both boats, the lessee must contact the lessor immediately and follow his instructions. g) The Lessee undertakes to take on board only the number of people corresponding to the boat's safety equipment and mentioned on the rental invoice. The Lessee expressly discharges the Lessor and the Boat Owner from any liability, as shipowner or otherwise, for failure to comply regulations and shall be solely liable to the maritime and customs authorities for any proceedings, fines, prosecutions and confiscations incurred by him/her as a result. In particular, the Lessee shall ensure compliance with regulations concerning fishing and underwater hunting, anchorage areas and environmental protection. h) The lessee/crew undertakes to use the boat in a responsible manner for pleasure sailing, within the framework of the maritime and customs legislation in force, to the exclusion of any commercial, professional fishing, transport, towing or other operation. i) The Boat may only take part in a regatta with the prior authorisation of the Lessor. Participation in a regatta may result in additional costs and an increase in the deposit payment. Participation in a regatta not authorised by the Lessor is forbidden. j) The Lessee must return the boat to the Lessor with all its equipment in the same condition as at the start of the rental period, in a clean and tidy condition, and within the agreed time. k) The Lessee undertakes to pay for any loss or damage not covered by the insurance policy which may occur on board the boat, or to the boat itself, until it is effectively returned to the Lessor. The Lessee remains responsible for the boat until the joint inventory of the return of the boat (checkout) has been signed and final disembarkation. l) The Lessee undertakes not to leave the port or anchorage if the wind exceeds force 6 on the Beaufort scale, or if a wind of this force is forecast, if the port authorities have forbidden all sailing, if the boat is damaged and not repaired, and if all vital equipment such as the engine, sails, rigging, bilge pump, anchor gear, navigation lights, compass, safety equipment etc. is not in good working order, if the fuel reserves are insufficient, if in general the weather conditions, the state of the boat and/or its crew, represent a danger for the boat and its crew. The lessee undertakes to comply with any sailing and routing instructions that may be sent to him/her by the Lessor, particularly in the event of bad weather. m) The Lessee undertakes not to sail at night without prior authorisation from the Lessor for a specific route on a specific date. Sailing in the lagoons is only authorised between 8am and 4pm. The Lessee undertakes to keep the logbook up to date, recording each day the port of destination, the condition of the boat and its equipment, any changes in the composition of the crew, its successive positions, the weather conditions, the sails carried and the engine hours n) Additional note: The sailing itinerary must be accepted by Société Tahitienne de Charter before departure and the Lessee must keep Société Tahitienne de Charter informed of his position whenever there is a change. Art 8 : Insurance & Excess Waiver The Boat Owner has taken out insurance for the boat against all accidental damage, including damage caused to third parties. However, theft or loss of the Lessee's personal effects and those of all persons on board, as well as any accidents to which they may be victims, are excluded from the scope of this insurance. In the event of any damage whatsoever, including that caused by a third party or theft, the Lessee must submit a sea report, and if necessary a statement of facts, including full details of third parties and their own insurers, and in all cases immediately notify Société Tahitienne de Charter. Failure to comply with this obligation is covered by the provisions of article 13 "Voluntary breach of contract". The insurance cover taken out by the Boat Owner includes an excess which will be payable by the Lessee. The Lessee therefore remains his own insurer for any loss or damage whatsoever, including that caused to third parties, not covered by the insurance, up to the amount of the deposit specified in the contractual conditions. The Lessee may take out a damage waiver. In all cases, a minimum security deposit as defined in the contractual conditions will remain payable by the Lessee, while the Boat Owner will not be obliged to provide the Lessee with a replacement boat or to pay any compensation in the event of immobilisation of the rented boat following accidental damage during the rental period. Art 9 : Cancellation of the contract Before taking charge of the boat, the Lessee may cancel this contract by paying the following sums: a) Cancellation more than 40 days before the original departure date: 50% of the price of the rental (excluding options). b) Cancellation between 39 days and less before the original departure date: 100% of the price of the rental (excluding options; unless cancelled 14 days or less before departure, in which case the options will remain due and will not be refunded) c) The Lessee may take out travel insurance to cover any losses he/she may incur if the cruise is cancelled before departure. Art 10: Force Majeure a) Definition: including (but not limited to) war, threat of war, riot, civil or industrial strife, terrorist attack and its consequences, natural or nuclear disaster, fire, a natural disaster, technical transport problems which neither we nor our suppliers could have foreseen, closed or congested ports, cyclones or other adverse weather conditions, floods, epidemics, health risks, pandemics and any other cause beyond the control of Société Tahitienne de Charter or the Lessee which makes it impossible to continue operations or the rental. b) Société Tahitienne de Charter shall not be liable for any loss, damage or delay or failure in performance hereunder resulting from any event of force majeure, c) In the event of delay or impossibility of delivery of the Boat by Société Tahitienne de Charter following an event described above: 1. All payments made for the charter will be issued in the form of a credit note for a future charter. No refunds will be given. 2. Société Tahitienne de Charter will work with the Lessee to enable him/her to book a new rental on other dates or from another destination depending on availability. If the parties do not come to an agreement at this time, the credit note will remain valid with the Lessor with no expiry date. 3. The Lessor will not be responsible for any additional costs incurred by the Lessee as a result of changes to the charter due to an event of force majeure. Art 11 : Additional lead times a) If, on the departure date, the rental boat or equivalent is not available for a reason other than force majeure, the Lessee has the right to the following options, where possible: 1. Postponement of the departure date and the duration of the rental is maintained. 2. Retention of the end date of the rental and pro-rata refund of the time the boat was not available. 3. If the delay exceeds one quarter of the rental time, the Lessee may cancel the contract and be reimbursed for the fees already paid. b) The Lessee waives all claims, damages, debts, liabilities, demands, costs, expenses, interest, lawsuits due to a delay in his/her cruise. c) Any interrupted or shortened rental by the Lessee, any service not used by the Lessee, for whatever reason, is not refundable. Art 12 : Miscellaneous Applicable laws : any legal action arising out of or in connection with this contract shall be judged in accordance with the laws of French Polynesia. Maritime liens: the Lessee shall not enter into or authorise any maritime lien, salvage or debt on the Boat or on the Lessor. The Lessee shall not abandon the vessel or enter into a salvage agreement without the prior written consent of the Lessor. The Lessee shall indemnify and hold the Lessee harmless against any maritime lien, salvage or debt arising on the vessel or on the Lessor resulting from any act or omission of the Lessee. Art 13 : Voluntary breach of contract The Lessee or his crew who voluntarily breaches any of the specific or general provisions of this contract will be liable, where this results in proven prejudice to the Lessor and the Boat Owner: a) For damage not covered by the insurance taken out by the Boat Owner, including in the event of total loss of the boat. b) For a tripled contractual deposit to cover these damages. LESSEE NAME: ………………………………………………… DATE: ………………………………………………… SIGNATURE: ……………………………………… SOCIETE TAHITIENNE DE CHARTER NAME: ………………………………………………… DATE: ………………………………………………… SIGNATURE: ………………………………………