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General Terms and Conditions of Sale.
Article 0: Purpose of the Contract. The provision of a designated and individualized pleasure boat for a specified period in exchange for the payment of a rental fee under the conditions set out in the contract/quote and these general terms and conditions. Both the tenant and the lessor agree to adhere to the conditions and clauses described.
Article 1: Pre-reservation & Reservation
When you validate your pre-reservation on the website www.locvoilearmor.com, the selected boat is held for 5 days. Within 48 business hours:
- We will contact you by email or phone to obtain details about your rental request (nautical CV, any navigation permits, crew list).
- We will send you a first invoice for a deposit guaranteeing the reservation under the payment terms of Article 3, payable by bank transfer or credit card. Your reservation is considered confirmed upon receipt of the deposit payment.
Article 2: Rates
Our rental rates are available on our website. They include the boat rental, a mooring place at Saint-Quay-Portrieux, and comprehensive insurance with a “rental option.” They do not include: fuel for the main propulsion system of the boat (gasoline for dinghy engines and diesel for inboard engines), the mandatory “consumables package” for sailboats (includes gas, batteries, and other small consumables) at €6 per day, boat cleaning before return, or various options offered by the lessor (outboard motor, shuttle, bed linen, etc.).
Article 3: Payment Terms
Three scenarios:
- More than 3 months before the rental start: 30% deposit at reservation; 30% deposit 90 days before departure; the balance must be paid 30 days before departure.
- If the reservation is made less than 90 days before departure: 60% at reservation; the balance must be paid 30 days before departure.
- If the reservation is made less than 30 days before departure: 100% at reservation. Failure to pay the scheduled installments or to provide the security deposit allows the lessor to unilaterally terminate the contract without a refund of the amounts already paid by the tenant.
Article 4: Cancellation Conditions
- 4.1 For Weather Reasons: If a special weather bulletin (BMS) issued by Météo-France indicates a wind force of 7 or higher for more than 50% of your reservation period, we commit to issuing a credit equal to the full amount of the initial rental, valid for 12 months from the originally planned rental date.
- 4.2 Cancellation by the Lessor: In the event of damages incurred during the previous rental or any other impediment beyond the lessor’s control, access to the designated boat may be compromised. In such cases, the lessor may provide an equivalent or larger unit to the tenant. If this solution is not feasible within twelve hours of the scheduled departure date, any amounts paid will be refunded, and the tenant will not be entitled to any compensation.
- 4.3 Cancellation by the Tenant: In case of cancellation, regardless of the reason, the tenant remains responsible for the full payment of the deposits due until the day of the cancellation request. Example: If canceled 45 days before the start date, the tenant remains liable for the 30% deposit at order and 30% 90 days before rental. They are not liable for the 40% due 30 days before the rental. The tenant may opt for cancellation insurance through Ouest Assurances. No refunds are given, including for late arrivals, early departures, or non-sailing days due to weather conditions. Refer to Articles 4.1 and 6.2.
Article 5: Obligations of the Tenant
- 5.1 Competence: The tenant certifies that the skipper possesses all necessary skills to undertake the planned navigation. The boat’s use is exclusively for pleasure activities compliant with current maritime and customs laws, in accordance with the type and specific equipment of the boat. For boats equipped with VHF, the lessor disclaims all liability if no crew member holds the required license. The lessor reserves the right to require a professional skipper, at the tenant’s expense, if the crew’s skills are deemed insufficient to ensure safety and boat integrity, regardless of presented qualifications. If no professional skipper is available during the contract period, the lessor reserves the right to retain any amounts already paid as cancellation indemnities. Before leaving the port, the tenant must check the sea and weather conditions. If a storm warning (Beaufort force 7 or higher) is announced, the tenant may leave the port only at their own risk and must stay close to the port or shelter if the bad weather persists throughout the rental period. The skipper must always monitor weather reports.
- 5.2 Regulations:
The tenant expressly releases the lessor from all liability as an owner or otherwise in the event of non-compliance with current laws and regulations in French sovereign and jurisdictional waters. The tenant agrees to comply with international and local conventions governing maritime navigation in French or third-country waters. The tenant assumes full responsibility toward maritime services, customs, courts, or other national or international authorities and agrees to reimburse the boat’s value in case of seizure within 45 calendar days. The tenant agrees to only embark the number of passengers specified in the contract and the ship’s specifications.
- 5.3 Logbook:
In compliance with laws and regulations on pleasure boating, the skipper must keep the logbook provided by the lessor up to date, including navigation details, damage descriptions, repairs, and sea events during the rental period. In case of disputes, the logbook serves as a reference for insurance purposes. - 5.4 Responsibility:
The tenant is liable at all times for damages caused to their rental boat, any other boats, or maritime installations. Subleasing, commercial use, lending, subchartering, professional fishing, transportation, etc., are strictly prohibited, subject to prosecution, with all costs borne by the tenant.
- 6.1 Tenant Arrival:
The lessor agrees to provide a boat in good navigational condition and cleanliness. Upon arrival, Loc Voile Armor will conduct a boat orientation, including inventory. While awaiting the arrival of a technician, the tenant may begin the inventory independently using a provided checklist, verifying that equipment is present and functional. Signing the inventory confirms the equipment’s good condition and navigability. If unsigned, incomplete, or not returned, the tenant implicitly accepts the boat as operational and complete. The tenant has an additional 24 hours from boat pick-up to check the armament’s functionality and inform the lessor. After this period, tenant approval is assumed, and subsequent claims are invalid. - 6.2 During the Rental:
In the event of damage or difficulties, Loc Voile Armor is available to the tenant throughout the rental period. Our technician is reachable by phone 7 days a week in season (from 9 a.m. to 7 p.m.) for technical assistance or to arrange an intervention as needed. The rental fee is retained for all events during the rental period, whether or not the tenant uses the boat. Loss of use due to damage does not entitle the tenant to compensation. No rental fees will be refunded if the vessel is immobilized due to a defect.
- 6.3 Return:
To ensure the company’s proper operation, the tenant agrees to adhere to the arrival and departure times specified in the contract (including any time required for cleaning if the tenant is responsible). If the agreed return times in the contract are not met, the lessor may apply a penalty. From one hour late, 50% of a day’s rental rate; from 2 to 4 hours, 100% of a day’s rental rate; beyond, 200% of a day’s rental rate per day late.
Additionally, in case of force majeure preventing return on the agreed date, the tenant must contact the lessor to find an arrangement. The tenant must return the boat, engine, and equipment in perfect working order. If the boat is not returned in its original condition, cleaning and restoration costs will be borne by the tenant.
- 6.4 In Case of Abandonment:
Unless otherwise stated in the rental contract, departures and returns take place from the Port of Armor in Saint-Quay-Portrieux. If the boat is abandoned in another port, the tenant must immediately inform the lessor to find an amicable solution. In all cases, the return costs of the boat will be borne by the tenant: flat rate of €10/mile + actual costs of the engaged skipper + management fees of €150. Passenger repatriation costs are also borne by the tenant. In case of abandonment at sea or assistance request, the assistance vessel costs are borne by the tenant.
Article 7: INSURANCE, DEPOSIT & DEDUCTIBLES:
- 7.1 Insurance:
The lessor declares that they have taken out comprehensive insurance for the vessel specified in the contract, subject to a deductible. This covers the user’s liability for the following risks: civil liability, theft, damage resulting from a marine event, and total loss. Excluded from the coverage are: falling into the water, loss, deterioration, towing, or other assistance costs such as SNSM-type services, theft of the outboard motor, tender, or spinnaker, and all related costs associated with activating the insurance. Personal belongings are not insured in case of unexplained disappearance. For each claim, the renter remains their own insurer up to the amount of the deductible or deposit, as well as for all sums not reimbursed by the insurance within the scope of the 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 area, they must obtain the lessor’s authorization, and the additional insurance premium will be at their expense. If this condition is not met, the boat’s insurance will not cover the renter during use. Any claim must be immediately reported to the lessor and the insurer to maintain the coverage. In addition to the above clauses, in case of a claim involving the vessel’s civil liability insurance, administrative fees of €500 excluding tax will be charged to the renter. These fees are allocated to the administrative and legal processing and any subsequent insurance surcharges related to the claim.
- 7.2 In case of damage during the rental:
In the event of serious damage or an incident requiring the intervention of the insurance, the renter must urgently notify the lessor; the deposit is cashed, and its refund is deferred until the insurance settlement, less the deductible and all expenses not covered or reimbursed by the insurance. In case of a claim, the renter is required to provide the “logbook” data and submit their sea report to the lessor without delay. The renter must consult the lessor before any repair. If a repair that does not impede the boat’s operation is required, the renter must return at least 24 hours in advance to allow its execution. Failure to comply with this clause is considered a delay. - 7.3 Deposit:
The deposit is taken by bank imprint upon the renter’s arrival or, failing that, by bank check. This amount serves to guarantee the lessor for any damages sustained by the vessel, losses of equipment not covered by insurance during the intended navigation, the vessel’s refurbishment, and refueling. Additionally, this covers operational losses in case of damage, vessel repairs, replacement due to loss or deterioration of objects or accessories, and administrative and file handling fees of Loc Voile Armor. It also covers the expenses of dispatching a technician in case of a breakdown or damage attributable to the renter.
- 7.3.1 Restitution: The deposit will be refunded (at the latest) one month after the boat’s return, except in case of damages or losses not covered by insurance and attributable to the renter. If damage is detected, whether immediately or later, the deposit amount will be retained until full repair of visible or hidden damages, after which the remaining amount will be refunded. All amounts due by the renter under this contract and the general conditions must be paid within one month from the billing date. After this period, without further notice, the lessor is expressly authorized to cash the deposit without the renter being able to raise any objection. After this encashment, the lessor will send the renter the remaining balance.
7.4 Special conditions: The use of the rental vessel for races or regattas is possible only with the lessor’s agreement. Additional fees, particularly related to insurance, may be added to the current rate. The deductible and deposit amounts will also be revised.
Article 8: Additional Provisions:
The responsibility of Loc Voile Armor cannot be engaged in case of disputes or failures of third parties (other lessors or service providers) responsible for the performance of services necessary for the vessel’s operation. All disputes relating to the contract will be brought before the Commercial Court of Saint-Brieuc, which is the only competent authority.