ETHERMARINE
Address: 68, boulevard Carnot 06400 CANNES
Siren: 909275281
Represented by its President,
Is a boat rental company under French law.
By ticking the “General Rental Conditions” box on the site, the tenant certifies having read the attached conditions.
It is specified that any deposit payment is worth acknowledgment and acceptance of the general and specific conditions.
Special rental conditions
ARTICLE I: Competence of the skipper
ETHERMARINE includes in its service a mandatory option of providing a sports facilitator who will have the role of captain. The facilitator carries out the navigation and the associated nautical activities offered as part of the boat rental.
The payment of the facilitator is made separately from the rental service.
The responsibility of the tenant is engaged if he is at the controls of the boat in the event of an incident and for any loss or deterioration of the equipment. This one becomes the skipper (even temporary)
If the boat should be rented without a facilitator, a specific quote will be established. The skipper must have the necessary skills to drive the boat (permit and experience).
ARTICLE II: Boat
This contract relates to the boat designated and reserved on the ETHERMARINE site:
Type: MOTOR BOAT
Brand: CANELLI
Place of provision: Old Port of Cannes
Maximum number of passengers allowed: 8 passengers + Host
Maximum navigation zone: 20 miles from shelter.
ARTICLE III: Duration
This contract governs the rental of the aforementioned boat belonging to ETHERMARINE by the tenant for a period determined below:
• SUNRISE/ SUNRISE from 6 a.m. to 9 a.m.
• DAY / DAY: from 10:00 a.m. to 5:00 p.m.
The boat must be back at 5 p.m. at the port of Cannes
If the boat has not already been rented in the evening and remains available:
– the tenant can work overtime. The additional hour will be invoiced at €250 including VAT. Each 1/4 hour of delay will be invoiced 60€ TTC.
– If the tenant wishes to keep the boat for the evening, the flat rate JET SET EVENING will be applied for a return at midnight. It is possible to book this package in advance in order to avoid an Evening reservation by a third party.
Overtime may be debited from the deposit.
• EVENING JETSET – EVENING AND SUNSET – from 7 p.m. to 12 a.m.
• FULL DAY / DAY AND EVENING: from 10:00 a.m. to 00:00 a.m.
It is possible to rent the boat for several days on a service, a specific estimate will be established.
ARTICLE IV: Price
IV-1 – The rental prices are defined by the type of rental carried out. For rentals over several days or per week, an estimate must be requested from ETHERMARINE.
For any rental, a deposit of €2,500 including tax must be paid when the boat is taken over. The customer must ensure the validity of his card limit.
In the absence of payment of the deposit before the scheduled takeover, ETHERMARINE will be entitled to refuse the performance of the service. The sums paid for the reservation will then be retained by ETHERMARINE as compensation.
The deposit paid by the tenant at the time of taking charge of the boat is intended to guarantee the deterioration of the rented property or the loss of objects. The deposit may also be debited for overtime in the event of a return beyond the above contractual time (9 a.m. for the morning, 5 p.m. for the daytime service, 00:00 a.m. for the evening service). If the condition of the boat is satisfactory and no damage is found, the deposit will not be debited (excluding overtime).
The tenant must pay the agreed price, ie 100% upon booking.
IV-2 The prices agreed in the rental contract are firm and definitive.
These include the costs of: sports animator, the sports activities offered (paddle, wakeboard, fins, buoy, seawing) engine fuel, berth in Cannes, possible repairs and, in general, any consumable material necessary for the smooth running and maintenance of the boat.
The tenant cannot claim a refund, even partial, of the rental price in the event of an incident occurring after the provision of the boat and not preventing the use of the ship.
Special mentions:
It is agreed that in the event of unfavorable weather (rain, wind of force 4 or higher), the service may be postponed to another day or evening.
TERMS AND CONDITIONS
Article 1. Obligations of the ETHERMARINE
1.1 ETHERMARINE undertakes to provide a boat in accordance with the laws or regulations of the flag country of the said boat and/or the navigation area in which the tenant must move if this does not exceed the territorial limits of the flag.
1.2 ETHERMARINE undertakes to ensure that the boat subject to rental is equipped with all the mandatory safety equipment.
1.3 ETHERMARINE undertakes to be insured for the rental of the boat.
1.4 ETHERMARINE undertakes not to entrust the boat to the tenant if he is aware of a technical problem affecting his safety.
Article 2. Obligations of the tenant
2.1 The tenant is responsible for the boat in his custody as well as the crew and passengers.
2.2 As such, the tenant undertakes to:
• use the boat reasonably and in strict compliance with the regulations in force, to this end, the tenant will be solely responsible for the consequences of any violation.
• do not exceed the navigation zone set by ETHERMARINE and/or the regulations.
• not to entrust responsibility for the boat to a third party without the prior agreement of ETHERMARINE, subletting or lending being prohibited.
• return the boat on the scheduled dates and times.
• return the boat and its accessories in the same condition as that referred to in the joint inventory.
• do not abandon the boat after an accident or a breakdown and keep it under your responsibility until it is taken care of by ETHERMARINE or the insurer.
• immediately notify ETHERMARINE and the competent authorities in the event of an accident, theft, loss, fire or any other damage or degradation and obtain a report or minutes attesting to the conditions of the incident.
• notify ETHERMARINE of any event affecting the boat as soon as possible.
• do not carry out any repairs without the prior consent of ETHERMARINE.
2.3 If the vessel is equipped with a VHF, ETHERMARINE discharges its liability if no member of the lessee’s crew has the necessary diploma.
2.4 The lessee signifies that the skipper has the necessary knowledge to take responsibility for the boat and accomplish the intended navigation. It therefore ensures, for the duration of this support, the maintenance in good navigation condition of the boat, as well as its routine maintenance. The tenant is required to inform himself before his departure of all the procedures useful for the proper functioning of the engine and the various navigation instruments.
Article 3. Taking possession
3.1 The taking possession of the boat takes place on the agreed date when the price has been paid, the deposit paid, the inventory and the inventory completed and signed by the parties.
3.2 Taking possession occurs by handing over the keys and the mandatory documents relating to the boat (navigation title, insurance contract, rental contract).
3.3 The tenant accepts the boat in the state it is in after having visited it and having carried out a contradictory inventory of the equipment on board. The tenant must ensure that he has understood the proper functioning of the boat. The tenant must check the good condition of the boat and its equipment. The assumption of responsibility is worth recognition by the tenant of the good state of operation and cleanliness of the boat, and of its aptitude for navigation.
3.4 ETHERMARINE reserves the right not to entrust the boat if it considers that the tenant or the skipper is unable to sail (lack of skill, alcoholic or other influence, etc.).
3.5 The electronic navigation instruments available are only intended to facilitate navigation. Their defect does not relieve the tenant of his responsibility.
Article 4. Use – Responsibilities – Damage
4.1 The tenant is solely responsible, from the time the boat is made available, for any damage that is not covered by the insurance.
4.2 The tenant agrees to use the boat “as a good father” and by complying with the regulations of Maritime Affairs, Customs and the Police of France.
4.3 The lessee affirms that he has the knowledge and experience necessary for the navigation he plans to practice, as well as the permits required by the Maritime Affairs for the conduct of boats.
4.4 ETHERMARINE reserves the right to refuse the provision of the boat if the skipper or the crew does not appear to him to have sufficient competence notwithstanding the references, certificates or permits presented, or for any other reason of which he is the sole judge. such as bad weather. In this event, a new date will be set. If it is not possible to find an available date, the tenant will see his contract terminated and the sums paid returned, without either party being able to claim damages or any other compensation.
4.5 Throughout the duration of the rental, the tenant uses the vessel as he sees fit, but he undertakes to embark only the number of people authorized, to use the boat only for pleasure navigation, excluding of any commercial operation, professional fishing, transport or regattas…
4.6 The lessee expressly releases ETHERMARINE from any liability as a shipowner or otherwise due to a breach of these prohibitions and will be solely liable to the Maritime and Customs Services for lawsuits, prosecutions, fines and confiscations incurred by him on this count. , even in the event of involuntary fault on his part. In the event of seizure of the rented boat, the tenant will be required to pay ETHERMARINE compulsory contractual compensation, corresponding to the current rental rate.
4.7 In case of confiscation. The tenant will be required to reimburse the value of the boat within one month.
4.8 In the event of serious damage (leakage, fire, etc.), the tenant is required to notify ETHERMARINE or its representative as soon as possible, asking for instructions. While waiting for these, the tenant will be required to have a report drawn up, in order to obtain from the insurance company the reimbursement of the sums which are incumbent upon him. If the tenant does not complete this formality, he may be required to pay all the expenses caused by the damage.
4.9 The deprivation of use resulting from damage occurring during this rental will not be subject to any reimbursement, even partial of the amount of said rental, whatever the cause of the damage, unless it is not attributable to the tenant.
4.10 Under no circumstances may the rented boat be sub-leased or even loaned free of charge.
Article 5. Restitution
5.1 The hirer is required to return to the designated port on the agreed dates and times. The inventory and return inventory time is an integral part of the rental period provided for in the contract.
5.2 The boat must be emptied of all luggage and occupants before return, in good working order and cleanliness, under penalty of additional cleaning costs invoiced at a flat rate of €200 excluding VAT at the expense of the tenant. For this purpose, a deduction from the deposit may be made.
5.3 Except in cases of force majeure, each ¼ hour delay will entitle ETHERMARINE to a lump sum compensation of €60 including tax, regardless of the cause of the delay (including weather conditions, the skipper must take all its provisions to deal with this eventuality).
5.4 If for any reason the renter is unable to bring the boat back to his designated return port himself, storage and/or conveyance costs may be invoiced to him, as well as late fees in application. of article 5.3 of these general conditions. The rental will end only after the return of the boat to ETHERMARINE under the conditions set out above.
5.5 The rental ends only after the effective return of the boat and signature of the inventory of fixtures of return.
Article 6. Damage or loss
6.1 If the lessee should damage or lose the boat or any accessory appearing in the inventory, he will be required to pay for the repair or replacement of the same. A deduction from the deposit may be made.
6.2 If the damage or loss results from a claim covered by the insurance policy, the refund of the deposit will be deferred until the payment by the insurance company of the repair and/or replacement invoices. Reimbursement will be made after deducting the planned deductible and any incidental costs that may have resulted from the claim.
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Article 7. Insurance
7.1 ETHERMARINE declares that it has taken out an insurance policy guaranteeing the tenant:
The boat is insured by contract No. YG2009146 with Yacht Guard: “Civil Liability” for a maximum amount of €6,000,000.00, including €2,000,000.00 in material and immaterial damage, including €500,000.00 bodily injury for the family; “Withdrawal Fees”; “Damage & Theft”
7.2 Payment of the insurance premium is included in the rental price.
7.3 The insurance policy does not cover the persons transported on the boat against accidents of which they may be victims.
7.4 ETHERMARINE disclaims all liability for loss, theft or damage to the tenant’s personal property or that may affect the tenant and his guests. Personal effects are not insured under any circumstances.
7.5 Individual insurance for the persons transported can be contracted by the tenant for his benefit and at his expense, to cover the risks mentioned.
7.6 In the event of a claim, if the damage is less than 2,500 euros, ETHERMARINE may debit the amount of repairs or compensation directly from the deposit, before returning the balance.
7.7 In the event of a claim, if the damage exceeds 2,500 euros, the amount of the deductible is set at 2,500 Euros. The amount of this deductible does not constitute a limit of liability opposable to ETHERMARINE, which always retains the right to exercise any recourse for compensation for the damage suffered.
7.8 ETHERMARINE retains the right to seek compensation for damages suffered during a breach of the basic rules of navigation.
Article 8. Cancellation of the reservation by the tenant
8.1 Any cancellation must be notified to ETHERMARINE. If the cancellation occurs within 15 days of departure, 100% of the contractual amount remains acquired by ETHERMARINE.
Article 9. Termination of the contract by the tenant
9.1 The period for which the contract was concluded may only be changed with the agreement of ETHERMARINE and to the extent of its possibilities.
9.2 In the event of a request for termination during the contract by the tenant, the amount of the rental paid will remain acquired by ETHERMARINE, whether or not the tenant has used the boat during the rental period, whatever the reason for this vacancy. .
9.3 If the boat is not delivered in seaworthy condition, either for lack of an essential safety element, or because it does not comply with the regulations, and if ETHERMARINE is unable to offer a boat of equal or superior characteristics, the tenant can break this contract and obtain the restitution of the sums paid and the costs incurred without being able to claim compensation for damages or any other compensation.
Article 10. Termination of the contract by ETHERMARINE
10.1 In the event that, as a result of damage occurring during the previous rental(s), or any impediment beyond its control, ETHERMARINE or its representative cannot give the enjoyment of the boat to the agreed date, he will have the full option according to the choice of the tenant either to make available to the tenant a boat of equivalent or greater size, or to return the sums paid by the tenant without the tenant being able to claim damages. .
10.2 In case of late availability of the boat, the rental price will be recalculated on the basis of the number of hours or days of availability of the boat, without the tenant being able to claim damages.
Article 11. Support of the boat
11.1 ETHERMARINE undertakes to entrust the tenant with a boat equipped and fitted out in accordance with the laws and regulations in force for the intended navigation category, in good working order and cleanliness.
11.2 ETHERMARINE cannot be held responsible for the fragility of electronic equipment and other after-sales service delays.
11.3 In any case, the taking over of the boat by the tenant is deemed to have been made when the price has been paid, the deposit paid and the inventory and inventory signed.
Article 12. Inventory
The inventory, in 2 copies, is countersigned by ETHERMARINE and the tenant when taking charge of the boat, each of the parties keeping a copy. Any breach of the inventory must be contradictorily noted by ETHERMARINE and the tenant, and be the subject of special mentions on the inventory document. The signing of the inventory by the tenant is worth recognition of the good condition and the proper functioning of the boat, with the exception of hidden defects.
Article 13. Consumables
13.1 All consumables (fuel, water) are the responsibility of the tenant throughout the rental period unless the fixed price includes fuel costs.
13.2 The shipping costs, during the rental period, are the responsibility of the tenant except on the departure base of ETHERMARINE.
Article 14. Deposit
14.1 The deposit, paid before taking charge of the boat, is intended to guarantee the deterioration of the rented property or the partial loss of objects, attributable to the tenant as well as the payment of fuel if it could not be made. on site when the vessel is returned, and any overtime worked beyond the contractual return time, at the current rate.
14.2 The amount of this deposit does not however constitute a limit of liability opposable to ETHERMARINE, which always retains the right to exercise any recourse for compensation for the damage suffered. The deposit will be returned within 4 to 6 days after the return of the boat.
14.3 In the event of deterioration of the rented property or loss not covered by insurance and attributable to the tenant, or on which a doubt remains, the reimbursement of the deposit will be deferred until the payment by the insurance or by the tenant of the costs caused.
Article 15. Return of the boat
On the day of return, the tenant must return to ETHERMARINE, for the purposes of inventory and inspection, the boat emptied of its occupants and their personal effects, and returned in perfect order and cleanliness, a full tank of fuel made according to the package.
The inventory and the inventory of fixtures of return are established contradictorily.
Article 16. Disputes
The law applicable to this contract is French law and the competent courts are the French courts.
