Terms and conditions of sale.
Article 0: Purpose of the contract: the provision of a designated and individualized pleasure craft for a specified period in return for payment of rent under the conditions set out on the front and back of this contract. The lessee and lessor undertake to comply with the conditions and clauses described.
Article 1: Pre-booking & reservation
When you confirm your pre-reservation on the locvoilearmor.com website, the boat you have chosen is blocked for a period of 5 days. Within 48 working hours: 1. we will contact you by email or telephone to obtain details of your charter request (nautical CV, any sailing licenses, crew list). 2. We will send you an initial invoice for a deposit of 30% of the booking amount, payable by bank transfer or credit card. Your reservation is considered validated upon receipt of payment of this deposit invoice.
Article 2: Rates
Our rental rates are available on our website. They include boat hire, berth in Saint-Quay-Portrieux, all-risk insurance for the vessel with "rental option". They do not include: the fuel required to operate the boat's main means of propulsion (gasoline for motorboats and dinghies and diesel for sailboats), the compulsory "consumables package" applicable to sailboats (includes gas, batteries and other small consumables) of 6 euros per day, boat cleaning before return, various options offered by the rental company (dinghy engine, shuttle, bed linen, etc.).
Article 3: Terms of payment :
Three possible scenarios.
- More than 3 months before the start of the rental period: 30% deposit on booking; 30% deposit 90 days before departure; balance due 30 days before departure.
- If booked less than 90 days before departure: 60% on booking; balance due 30 days before departure.
- For bookings made less than 30 days before departure : 100% on booking. Failure to pay the due dates or to respect the security deposit entitles the lessor to unilaterally terminate the contract without any claim for reimbursement of sums already paid by the lessee.
Article 4: Cancellation conditions
4.1 For meteorological reasons
If a BMS (special weather bulletin) is issued by Météo-France, indicating a wind force of 7 or more for more than 50% of the duration of your reservation, we undertake to give you a credit note for the full amount of the initial rental, valid for 12 months from the scheduled date of the initial rental.
4.2 If the contract is terminated by the lessor
In the event of damage occurring during the previous rental or an impediment beyond the lessor's control, access to the designated boat may be compromised. In such circumstances, the lessor has the option of providing the lessee with a unit of equivalent or greater size. If this solution is not possible within twelve hours of the scheduled departure date, the sums paid will be refunded without the lessee being entitled to claim damages.
4.3 If the contract is terminated by the lessee
Cancellation: In the event of cancellation for any reason whatsoever, the tenant remains responsible and liable for full payment of all deposits due up to the date of cancellation. For example: if you cancel 45 days before the rental start date, you will still be required to pay the deposit invoices of 30% when you place your order and 30% 90 days before the rental start date. In this case, the 40% required 30 days before the rental date is not due. The hirer may take out additional cancellation insurance via Ouest Assurances. Refunds : No refunds will be made. In particular, late arrivals and early departures cannot give rise to any refund or reduction. Similarly, days not sailed due to weather conditions are not eligible for refund. Please refer to articles 4.1 and 6.2.
Article 5: Tenant's obligations
5.1 Competence
The Hirer certifies that the skipper has all the skills required to carry out the planned sailing program. The use of the boat is exclusively intended for pleasure activities in compliance with current maritime and customs legislation, in accordance with the type and equipment specified for the boat. For boats equipped with VHF, the rental company declines all responsibility if no member of the crew holds the required diploma. The rental company reserves the right to require the presence of a professional skipper, at the expense of the lessee, if it considers that the crew's skills are not sufficient to guarantee the safety of the crew and the integrity of the boat. This applies regardless of the qualifications or certificates presented. If no professional skipper is available during the contract period, despite all efforts to find one, the lessor reserves the right to consider the sums already paid as acquired by Loc Voile Armor by way of compensation for cancellation. Before leaving the port, at the beginning of the rental period, the renter is required to check the sea state and the weather forecast. In the event of a forecast gale (force 7 beaufort or more), if the renter leaves the harbor, he/she does so under his/her own responsibility. He/she must, however, remain close to the harbor or to a shelter, and remain in the shelter if the very bad weather persists throughout the rental period. The skipper must keep a constant eye on the weather forecasts.
5.2 Regulations
The lessee expressly releases the lessor from any liability, as shipowner or otherwise, in the event of failure to comply with the laws and regulations in force in waters under French sovereignty and jurisdiction. He undertakes to comply with the provisions of international and local conventions governing maritime navigation in French or third-country waters. The lessee assumes sole responsibility towards the maritime services, customs, courts or any other national or international authorities, and undertakes to reimburse the value of the boat in the event of seizure, within 45 calendar days. The lessee undertakes to embark only the number of passengers stipulated in the contract and in the vessel's specifications.
5.3 Logbook
In accordance with the laws and regulations governing pleasure boating, the skipper must ensure that the logbook is kept up to date. The skipper is obliged to keep the logbook supplied by the lessor, and to enter sailing details, describe any damage or repairs carried out, and describe any events at sea during the charter period. In the event of disputes, the logbook serves as a reference for insurance purposes.
5.4 Liability
The lessee is liable in all circumstances for any damage caused by or to his rental boat and any other boat or marine installations whatsoever. Sub-leasing, commercial use, lending, sub-chartering, professional fishing, transport, etc., are strictly forbidden, subject to prosecution, with all costs to be borne by the lessee.
Article 6: Rental period
6.1 Tenant arrival
The lessor undertakes to provide a boat that is seaworthy and clean. On arrival, Loc Voile Armor will take charge of the boat, including the inventory. Pending the arrival of a technician, the lessee may start the inventory himself using the sheet provided, checking that the equipment is present and in good working order. The hirer's signature on the inventory certifies that the equipment is in good condition and seaworthy. In the event of non-signature, incomplete inventory or non-delivery of the signed inventory, the lessee implicitly accepts the boat in full working order. The lessee has a further 24 hours from the time he takes charge of the boat to check that the equipment is in good working order and to inform the lessor accordingly. After this period, the Hirer's agreement is acquired and any subsequent complaint will be inadmissible as not having been notified on departure.
6.2 During the rental period
In the event of damage or difficulties, Loc Voile Armor remains at the renter's disposal throughout the rental period. Our technician can be reached by telephone 7 days a week during the season (from 9 am to 7 pm) to provide technical assistance or organize an intervention depending on the situation. Rent is due for all events during the rental period, whether or not the renter uses the vessel. Loss of use due to damage does not give rise to compensation. No rent will be reimbursed if the vessel is immobilized as a result of an inherent defect.
6.3 Handing over the boat :
6.3.1 Energy
The hirer must return the boat with a full tank of fuel, as well as a full tank of fuel for the tender's engine if applicable.
6.3.2 Cleaning
With regard to cleaning, the lessee can choose between two options: to carry out the complete cleaning of the vessel (exterior and interior) himself, or to opt for the cleaning package invoiced extra according to the size of the boat rented. In all cases, the renter is responsible for cleaning the toilets, washing and rinsing the dishes, and sorting and emptying the garbage cans. In the event of unsatisfactory cleaning, at the sole discretion of the lessor, a cleaning charge will be applied on return of the rental. Pets are not allowed for reasons of hygiene.
6.3.3 Timetables
To contribute to the smooth running of the company, the hirer undertakes to respect the arrival and departure times stipulated in the contract. For Friday returns, the boat must be fully loaded, docked and emptied of the renter's personal belongings by 2 p.m. at the latest. If the renter chooses to do the cleaning himself, the boat must be ready for the return inventory of fixtures with the rental company by 4 p.m. at the latest. For motorboat rentals or shorter periods, please refer to your rental contract. In the event of failure to comply with the return times stipulated in the contract, the rental company may apply a late return penalty. From 2 hours late, 50% of a day's rental; from 4 to 12 hours late, 100% of a day's rental; beyond that, 200% of a day's rental per day of delay.
6.3.4 Return inventory
Upon arrival, the lessee informs the lessor to organize the check-out. Upon return, the boat will be checked by one of our technicians, and a diver will check the condition of the hull, keel and rudder. In the event of damage or problems, see article 7.2.
6.3.5 Abandonment
Unless otherwise stipulated in the rental contract, departures and returns take place from the Port d'Armor in Saint-Quay-Portrieux. In the event of abandonment of the boat in another port, the lessee must immediately inform the lessor in order to find an amicable solution. In all cases, the cost of returning the boat will be borne by the lessee: fixed fee of €10/mile + actual costs of the skipper involved + €150 administration fee. Repatriation of passengers remains the responsibility of the lessee. In the event of abandonment at sea or a request for assistance, the costs of the assistance vessel are at the expense of the lessee.
Article 7: INSURANCE, DEPOSIT & FRANCHISES
7.1 Insurance
The lessor declares that he has taken out comprehensive insurance for the vessel named in the contract, subject to a deductible. It covers the user's liability for the following risks: civil liability, theft, damage due to an event at sea and total loss. Not included: falls into the water, loss, damage, towing or other costs related to SNSM-type assistance or theft of the outboard motor, dinghy or spinnaker, all ancillary costs related to the activation of the insurance. Objects and personal effects are not insured in the event of unexplained disappearance. For each claim, the renter remains his own insurer up to the amount of the deductible or deposit, as well as for all sums not reimbursed by the insurance in connection with this claim. The geographical area covered by the insurance is between 30°N - 60°N and 20°W - 20°E. If the renter wishes to sail outside this zone, he/she must obtain the rental company's authorization, in which case he/she will be responsible for the additional insurance premium. Should the Hirer fail to comply with this condition, the boat's insurance will not cover him/her during use. Any claim must be reported immediately to the rental company and to the insurance company, in order to maintain coverage. In addition to the above clauses, in the event of a claim involving the vessel's civil liability insurance, the lessee will be charged a handling fee of €500 excluding VAT. These costs are allocated to the administrative and legal handling of the claim, as well as to any subsequent insurance surcharges linked to the liability of the claim.
7.2 Deposit and deductible
The deposit is taken by bank loan on arrival (the hirer must check the authorized limit with his bank) or, failing that, by cheque. The purpose of this sum is to guarantee the lessor against any damage to the vessel, loss of equipment not covered by insurance taken out during the planned sailing, repair of the vessel and bunkering. In addition: operating losses in the event of damage, repairs to the vessel, replacement due to the loss or deterioration of objects or accessories, Loc Voile Armor management and administration costs. It also covers the cost of a technician in the event of breakdown or damage attributable to the lessee. If the state of cleanliness is unsatisfactory, the cost of any necessary cleaning operations will be charged to the lessee.
7.3 Restitution
The deposit will be returned one month after the return of the boat, except in the event of damage or loss not covered by insurance and attributable to the hirer. In the event of damage suffered, immediately or not, perceptible or not, the deposit will be retained until the damage, apparent or not, has been fully repaired. All sums due by the hirer under this contract and the general terms and conditions must be paid within one month of the invoice date. After this period, without further notice, the lessor is expressly authorized to collect the deposit without the lessee being able to raise any objection whatsoever. Once the deposit has been cashed, the lessor will send the lessee the balance due.
7.4 Special conditions
The use of the rental vessel for racing or regattas is only possible with the agreement of the rental company. Additional charges, in particular for insurance, may be added to the current rate. Excess and deposit amounts will also be reviewed. Please contact us for further information.
Article 8: Additional provisions
Loc Voile Armor cannot be held responsible in the event of a dispute or the failure of third parties (other rental companies or other service providers) responsible for providing the services necessary for the operation of the vessel. All disputes relating to the contract shall be referred to the Saint-Brieuc Commercial Court, which shall have sole jurisdiction.