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Our location
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14°28.034 N
60°51.969 W
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renting caribbean sailboat
renting sailboat Martinique
renting caribbean boat
caribbean cruise
cruise Martinique
renting caribbean catamaran
renting catamaran caribbean
renting Grenada catamaran
renting St Lucia catamaran
renting Grenada
Cruise KiteSurf
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TERMS AND CONDITIONS OF THE
CONTRACT OF RENTING OF THE DOMINIQUE EURL
ART1: OBJECT OF THE CONTRACT
The present contract has for object bet it to disposition of a boat
without crew. the renter's identification, the tenant, the boat, the
price as well as of the period of renting will be mentioned to the
particular conditions by the tenant is worth acceptance of the general
conditions of the contract.
ART2: CONDITIONS OF PAYMENT
The payment of the renting takes place in two remittances: the tenant
must pay at the time of the signature of the present contract, a first
deposit equal to 20% of the rent, a second deposit of 30% one month
before the departure and the balance is the 50% remaining to the hold of
possession of the boat, except special agreement specified on the
contract of renting.
ART3: TAKES IN CHARGE OF THE BOAT
The hold in charge of the boat by the tenant is once efficient the
accomplished following formalities: the rent fully paid; the guaranty
must be paid by the tenant, by means of a check,; the tenant must
provide to the renter a copy of a proof of identity to his/her/its name
and / or name of a member at least of his/her/its crew; a contradictory
inventory must be establishes and signed by the parts specifying the
state and the equipment of the boat rented; the renter must hand to the
tenant the documents of the side; the tenant must communicate to the
renter the identity and the address of people embarked on board of the
rented boat; the hold in charge of the boat won't be able to, on no
account, to be achieved if the formalities have not been accomplished
above.
ART 4: OBLIGATION OF THE RENTER
The renter must hand to the tenant a boat capable to the navigation,
armed in accordance with the laws and regulations in force in the
renter's country. To the signature of the inventory, the renter must
hand to the tenant the documents of side. The renter doesn't have
obligation to control expertises attested by the tenant, however, if in
a flagrant way, the tenant was unfit to the navigation, the renting will
be annulled and the amount of the renting as conventional indemnity will
be acquired definitely to the renter. In case by force major independent
of the renter's will capable to put at the disposal of the tenant the
boat designated on the contract of renting, this one to obligation is to
put in the same way at the disposal of the tenant a similar boat size is
to put a bigger boat, either to restore the is poured, without the
tenant can pretend to damages, this restitution will get used on the
basis of the number of days corresponding to the deprivation of
enjoyment.
ART 5: OBLIGATIOINS AND RESPONSIBILITY OF THE TENANT
Of the the hold in charge of the boat, the tenant acquires the legal
care of the ship and is, to this title, only person responsible, in the
conditions of common right, of the damages capable to be talked to the
present people on the boat that to the boat himself and at third. The
tenant must, when the applicable legislation in the renter's country
imposes it, to be titular of a license or a permit of navigation. By the
signature of the present contract, the tenant certifies to have the
capacity to master or to make master the rented boat. The tenant or the
person piloting the boat will have to, to the demand of the eurl
dominique, to fill a form summing up his/her/its nautical experience.
The tenant must be aged on the day of the renting of 18ans or more.
USE OF THE BOAT
The tenant commits to embark on board only the number of corresponding
people to the arming of security of the boat. He/it commits to not to
use the one here that for a navigation of pleasure, in the setting of
the maritime and customs legislation in force, to the exclusion of all
trade operation, professional fishing, transportation or other. The
tenant unloads the renter of all duty expressly in quality "of shipowner"
or other, because of the default of these interdictions and will answer
alone, vis-à-vis authorities maritime and customs, of the suits, fines,
pursuits and confiscations incurred by him of this fact. The tenant will
assume all legal and authorized obligations structural on the chief of
side. The tenant must assure the current interview and the maintenance
of the boat in good state of navigation during the whole period of
renting. The tenant must not rent on no account coins or must lend the
boat. The tenant, at the time of the booking, must inform the renter if
he wants to use the boat to do a regatta or to serve itself/themselves
of it like ship school. In this case, the amount of the guaranty will be
doubled. All edible, except exception, are in charge of the tenant: oil,
fuel-oil, gas, electric batteries……. The tenant should use the boat in"
good father of family" and should respect the zones allowed of
navigation imposed by the insurer, by the renter and the regulation
clean to the boat. The navigation of night is forbidden.
RESTITUTION OF THE BOAT
The tenant commits to restore to the renter, the cleaned boat, with all
his/her/its equipment, in the same state that he delivered to him to the
departure and foreseen on time; the tenant won't be able to invoke the
major strength bound to the conditions weather report to escape his/her/its
obligation. The tenant must take her arrangements indeed to deal with
this possibility. The state of the boat, at the time of his/her/its
restitution will be noted by a contradictory inventory. The tenant keeps
the care of the boat and his/her/its whole responsibility until the
signature of the inventory of restitution of the boat. However, when the
renter gave, free or no, the authorization to the tenant to remain
besides one night on the boat, the inventory will be able to be to do
the eve of the landing. In this case, the tenant stays responsible for
the boat until his/her/its definitive landing. The guaranty won't be
restored him e that after this landing and after contradictory
verification so possible of the state and the equipment of the boat.
RESPONSIBILITY
In case of confiscation, seizure or immobilization of the boat rented,
because of the tenant, this last will be held to pour an indemnity to
the renter, for the period of unavailability of the boat, corresponding
to the tariff in force. The tenant commits to indemnify the renter for
the prejudice caused because of the delay of restitution of the boat or
the restitution in a port another one that the one initially foreseen.
This indemnity will be equal to the expenses hired by the renter to
cover his/her/its prejudice and to the minimum to the tariff of renting
in force correspondent to the period of unavailability of the boat. The
tenant will answer alone of the infringements possibly committed at the
time of the period of renting.
ART 6: OBJECT AND RESTITUTION OF
THE GUARANTY
The guaranty has for object to guarantee: - the deteriorations, the loss,
the flight of the boat or his/her/its equipment, of the amount that is
not covered by the insurance and the restitution of the boat in state
correct with cleanliness. Restitution of the guaranty: - when the
tenant's obligations has been respected, the back signed inventory and,
after the tenant's definitive landing, the guaranty will be restored one
month at the latest after the period of renting. However, encas of
disaster took in charge by the insurance, the restitution of the
guaranty will be differed until the regulation by the insurer of the
replacement expenses of the material or repair of the boat. The guaranty
doesn't constitute, on no account a limit of responsibility of the
tenant that will be held to repay the expenses hired by the renter,
because of the failure to respect of his/her/its obligations. The renter
will keep the guaranty in height of the expenses hired to cover the
prejudice undergone because of the tenant. The option reduction of
exemption doesn't apply on the annex and his/her/its motor in a case of
flight, loss, deterioration.
ART 7: INSURANCE
The renter subscribed an insurance policy including a clause arranging
that the profit of the insurance is reported on the tenant during the
whole length of the renting. This insurance covers all damages capable
with to occur at the boat and, more precisely, loss for damage, total
flight of the boat, partial flight of the accessories of the boat except
the annex and his/her/its motor out side that are under the tenant's
responsibility. This insurance includes an exemption that will be in
charge of the tenant. - the flight and the loss of the personal effects
of people embarked, as well as the accidents of which they could be
victim, are not covered by the insurance. The tenant must, in case of
accident, at the risk of losing the profit of the insurance, to write a
report, to take the names and address of third and to warn the renter. -the
tenant can subscribe by her agent a complementary insurance, as the
insurance annulment or individual of all embarked people. -the tenant
remains his/her/its own insurer, until competition of the exemption, he
can subscribe to the option "acquisition of exemption" what will reduce
the application of it.-the zone of navigation covered by the insurer
will be communicated to the tenant, at the time of the booking of the
boat or at the time of the hold in charge by the renter, who also holds
at the disposal of the tenant a copy of the insurance policy.
ART.8: ACCIDENTS AND DAMAGES
In case of damages, the tenant must warn collision, of loss of the
material, imperatively and immediately the renter who will give some
instructions to follow. The loss of enjoyment of the boat, during the
period of renting, for a reason another one that a clean vice of the
boat, won't be able to give on no account place to the repayment partial
very ', of the rent paid by the tenant, nor of indemnification of the
prejudice possibly undergone by this last.
ART.9: ANNULMENT OF
THE CONTRACT
Before the hold in charge of the boat. The tenant can terminate the
present contract, while acquitting the is following: - termination of
more than 3 months before the departure: 20%payment of the renting price.
termination between 3 months and 1 month before the departure: 50%
payment of the renting price. Termination of less than one month before
the departure: 100% payment of the total price of the renting The delay
in the payment of the deposits and the balance of more than 15 days will
be considered and treaty like a termination on behalf of the tenant.
These dates appreciate itself to the date of receipt, by the tenant's
agent or by the renter of the notification written of the annulment by
the tenant. At the time of the hold in charge of the boat. So for the
renter's reason foreign to the will, the boat cannot be put at the
disposal of the tenant and, if the renter is not able to put another
boat at the disposal of the tenant in the 48 hours, the tenant can break
the contract and get the total repayment of the is poured, but the
tenant won't be able to ask the renter for the indemnification of the
prejudice possibly undergone because of the unavailability of the boat.
If the tenant is not able to fill the formalities indicated to the
article 3, the renter is unloaded of his obligation to place him the
boat at his/her/its disposal, without the tenant can ask for the partial
very repayment of the rent paid.
ART.10: EXONERATION OF
RESPONSIBILITY
The renter's responsibility won't be able to be put in reason for the
damages reaching the tenant or all third person using the ship to some
title that it is, except if the damage was of the to a clean vice of the
boat. The renter cannot be held for person responsible of the loss or
damages reaching the objects let on board. He/it is some in the same way
for all prejudice supported following upon by the tenant a delay of
setting to disposition, to mechanical shortcomings or all other reason.
ART 11: LITIGATIONS
The parts signatory of the contract will be able to submit their
different about the application of the present contract to the
tripartite commission of conciliation that is an emanation of the
organization of management of the charter. To the case or no solution
would have appeared, assignment of jurisdiction will be made expressly.
to the courts of FORT DE FRANCE.
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