TERMS AND CONDITIONS OF THE DIAM'S BOAT LOCATION RENTAL AGREEMENT
ART 1: SUBJECT OF THE CONTRACT
The purpose of this wording is to provide a SEMI RIGID boat of the GRAND brand.
The identification of the lessor, the lessee, the boat, the price as well as the rental period will be mentioned in the special conditions of the contract and implies acceptance of the general conditions of the contract by the lessee.
ART 2: TERMS OF PAYMENT
The rental amount is mentioned in the rental contract as well as any optional services that the tenant may have subscribed to.
The price is determined according to the information provided by the Tenant before departure.
Any modification attributable to the Tenant may result in the application of a replacement tariff.
Prices do not include fuel.
The boat is rented with full of fuel or with a level of fuel largely necessary for its daily use.
The place of return of the boat will be the gas station at a place called "La pointe" at la Taupinière or at the port of la maupinière.
the fuel will be paid directly to the owner according to the indications of the fuel gauge, reset to zero at the start of the rental, the cost of fuel being that in force on the rental date.
the deposit is set at € 4,000.00 by credit card on the day of rental.
this will be canceled within 3 days after returning the boat.
This one will be kept without collection by the lessor, if damage, until payment for repairs made by a professional, after the damage is also taken over by insurance.
Damage caused by negligence (eg damaged propeller, and therefore shaft line, will give rise to an examination of the engine by the company Thélamon, Yamaha dealer in Martinique.
The days of immobilization of the boat for the examination, will give rise to an indemnity for the lessor. of 100, 00 € per day, within the limit of 5 days and subject to the boat having been reserved during the said 5 days ...
The rental agenda on the site of the lessor is visible to all tenants at all times and will act as proof as well as the up-to-date clickandboat site for rentals.
The provision required on departure may not be less than the estimated amount of the rental increased by the amount of the excess and the security deposit corresponding to the rented vehicle.
ART 3: TAKING CHARGE OF THE BOAT
The taking over of the boat by the tenant is effective once the following formalities have been completed:
Rent fully paid
The deposit must be paid by the tenant by means of a credit card imprint or a check in the name of the lessor DIAM'S BOAT LOCATION
The lessee must provide the lessor with a copy of an identity document in his name and / or the name of at least one member of his crew
Show up with your minimum coastal navigation license
A contradictory inventory as well as a rental contract must be drawn up and signed by the parties specifying the condition and equipment of the rented boat
The lessor must give the lessee the on-board documents
Under no circumstances can the boat be taken over if the above formalities have not been completed.
The boat will be picked up from the port of La Taupinière, a town in Le Diamant.
The tenant will come at the agreed time for the formalities of taking over the boat.
ART 4: OBLIGATIONS OF THE LESSOR
The lessor must deliver to the lessee a boat suitable for navigation, armed in accordance with the laws and regulations in force in the country of the lessor.
When signing the inventory, the lessor must give the lessee the on-board documents. The lessor is not obliged to check the skills attested by the lessee, however, if the lessee was flagrantly unfit for navigation, the rental will be canceled and the amount of the rental as a conventional compensation will be definitively acquired. to the lessor. In the event of force majeure beyond the control of the lessor unable to make the boat designated on the rental contract available to the lessee, the latter is obliged either to provide the lessee with a similar boat of the same size or to provide the lessee with the same size. a larger boat, or to return the sums paid, without the tenant being able to claim damages, this restitution will be made in proportion to the number of days corresponding to the deprivation of use.
ART 5: OBLIGATIONS AND RESPONSIBILITIES OF THE TENANT
As soon as the boat is taken over, the lessee acquires legal custody of the vessel and is, as such, solely responsible, under the conditions of common law, for damage that may be caused to the persons present on the boat and to the boat itself. itself and to third parties. The lessee must, when the law applicable in the country of the lessor so requires, be the holder of a license or a navigation permit. By signing this contract, the lessee certifies having the capacity to control or have control of the rented boat. . The tenant must be 20 years old or more on the day of the rental.
USE OF THE BOAT
The tenant agrees to board only the number of people corresponding to the safety equipment of the boat. He undertakes to use it only for pleasure boating, within the framework of the maritime and customs legislation in force, to the exclusion of any commercial operation, professional fishing, regatta, transport or other. The lessee expressly releases the lessor from any liability as a "shipowner" or otherwise, for failure to comply with these prohibitions and will respond alone, vis-à-vis the maritime and customs authorities, to the lawsuits, fines, prosecutions and confiscations incurred by him. thereby. The tenant will assume all legal and regulatory obligations relating to the skipper. The tenant must ensure the routine maintenance and the maintenance of the boat in good condition of navigation during the entire rental period. The tenant must not under any circumstances sublet or lend the boat. All consumables, with some exceptions, are the responsibility of the lessee: oil, fuel, gas, electric batteries ... The lessee must use the boat as a "good father" and respect the authorized navigation zones imposed by the insurer. , by the rental company and the regulations specific to the boat. Night navigation is prohibited. It is also forbidden to drive the boat in a state of intoxication or under the influence of narcotics not prescribed by prescription.
It is forbidden to leave the boat at a pontoon, only the drop-off of passengers and recovery is authorized.
The tenant must then either moor at an anchorage, or put the ink while paying attention to the underwater flora.
Concerning moorings, they are not free at Anses d'Arlets and on Grande Anse… see harbor master's offices…. On 01/01/2021 the price of daily mooring is € 8.00
Concerning the anchorages of the diving spots… these have been installed by the clubs… although the sea belongs to all, I ask you to respect the arrival of the diving boats which wish to anchor and work… and to kindly release them their location
A useful reminder .... the blue and white ALPHA flag, indicates that it is forbidden to navigate within a radius of 100m around the said vessel possessing it!
NAVIGATION AREA
The Tenant is authorized to navigate only within 6 nautical miles of a shelter, and to circulate in the maritime channels. If the Renter navigates in a prohibited area or outside the sea lanes with the Rented Vehicle, no insurance will cover it.
BOAT RETURN
The lessee undertakes to return to the lessor, the clean boat, with all its equipment, in the same condition as it was delivered to him on departure and on time; the tenant may not invoke force majeure related to weather conditions to escape his obligation. The tenant must in fact make arrangements to deal with this eventuality. The condition of the boat when it is returned will be noted by a contradictory inventory. The tenant retains custody of the boat and his entire responsibility until the signing of the inventory of return of the boat. The deposit will not be returned to him within a maximum of one month after disembarkation and contradictory verification if possible of the condition and equipment of the boat.
RESPONSIBILITY
In the event of confiscation, seizure or immobilization of the rented boat, by the lessee, the latter will be required to pay compensation to the lessor, for the period of unavailability of the boat, corresponding to the rate in force. The lessee undertakes to indemnify the lessor for the damage caused by the delay in returning the boat or returning it to a port other than that initially planned. This compensation will be equal to the costs incurred by the lessor to cover his damage and at least to the rental rate in force corresponding to the period of unavailability of the boat. The tenant will be responsible alone for any infringements committed during the rental period.
ART 6: PURPOSE AND RESTITUTION OF THE DEPOSIT
The purpose of the deposit is to guarantee: -the damage, loss, theft of the boat or its equipment, the amount that is not covered by the insurance and the return of the boat in a correct state of cleanliness. Return of the deposit: -When the obligations of the tenant have been met, the return inventory signed and, after the final disembarkation of the tenant, the deposit will be returned no later than one month after the rental period. However, in the event of a claim covered by the insurance, the return of the deposit will be deferred until payment by the insurer of the costs of replacing the equipment or repairing the boat. The deposit does not in any way constitute a limit of liability of the tenant who will be required to reimburse the costs incurred by the lessor, due to non-compliance with his obligations. The lessor will keep the deposit up to the costs incurred to cover the damage suffered by the lessee.
An exhaustive list, including the pricing of any parts to be replaced, will be presented to the tenant for an awareness of the repair amounts.
ART 7: INSURANCE
The lessor has taken out an insurance policy including a clause providing that the lessee is insured throughout the duration of the rental. This insurance covers civil liability and all damage that may occur to the boat and more precisely, loss due to damage, total theft of the boat, partial theft of boat accessories except the annex and its outboard engine which are the responsibility of the tenant. This insurance includes a deductible which will be the responsibility of the tenant. The theft and loss of personal belongings of those on board are not covered by the insurance. The tenant must, in the event of an accident, under penalty of losing the benefit of the insurance, draw up a report, take the names and addresses of third parties, contact details of his insurer and notify the lessor. The tenant can take out additional insurance from his agent, such as cancellation or individual insurance for all the people on board. The lessee remains his own insurer, up to the amount of the deductible, he can subscribe to the option "deductible buyback" which will reduce its application. The navigation area covered by the insurer will be communicated to the lessee when booking the boat or when the hirer takes charge of it, who also keeps a copy of the insurance policy available to the lessee.
ART 8: ACCIDENTS AND DAMAGES
In the event of damage, collision, loss of equipment, the lessee must immediately and immediately notify the lessor, who will give instructions to follow. The loss of use of the boat, during the rental period, for a cause other than an inherent defect in the boat, may in no case give rise to the reimbursement, even partial, of the rent paid by the tenant, or compensation for the any prejudice suffered by the latter.
ART 9: CANCELLATION OF THE CONTRACT
The customer has the legal retraction period of 14 days from the date of reservation, unless the rental begins within 14 days of the date of reservation.
the deposit or the sums paid are returned in full if the cancellation occurs for reasons of weather ... or cancellation ... for compelling reasons or "good father '=" ...
Diam's Boat Location client must ensure before taking his vehicle that he has received a confirmation by Email.
Diam's Boat Location disclaims all liability in the event of inaccurate information on the personal data given by its tenant client.
ART 10: EXEMPTION FROM LIABILITY
The lessor cannot be held liable for damage affecting the lessee or any third party using the vessel for any reason whatsoever, unless the damage was due to an inherent defect in the boat. The lessor cannot be held responsible for loss or damage to items left on board. The same is true for any damage incurred by the tenant resulting from a delay in provision, mechanical faults or any other cause.
ART 11: DISPUTES
The parties signing the contract may submit their differences regarding the application of this contract to the tripartite conciliation commission which is an emanation of the organization managing the charter. In the event that no solution has appeared, jurisdiction will be made expressly to the courts of Fort-de-France.