CHARTERING TERMS AND CONDITIONS OF REGIS GUILLEMOT CHARTER
ART 1: OBJECT OF THE CONTRACT
This Contract contains the entire agreement of the parties concerning the charter by Charterer of a bareboat from Regis Guillemot Charter. The parties, the boat, the period and the price are stipulated under the special conditions. Charterer agrees to the general conditions by signing the special conditions.
ART 2: PAYMENT SCHEDULE
50% of the charter fee to confirm the booking and 50 % of the charter fee plus all booked options 45 days before embarkation.
ART 3: BOAT DELIVERY
Regis Guillemot Charter will deliver the boat to the Charterer only under the following conditions :
· Full payment of any balance and security deposit due from Charterer (card imprint),
· Signature by both parties of the yacht's delivery contradictory statement (inventory) specifying yacht and equipment conditions.
· Delivery by the Charterer of the following documents :
- Charterer's ID copy,
- Listing of charter's crew members with names and addresses.
ART 4: EULR DOMINIQUE COMMITMENT
Regis Guillemot Charter must deliver to Charterer a boat in good working order and properly outfitted with all French rules and regulations. The Check-in procedures begin at charter start time. Charterer can freely use the yacht as soon as he has signed the delivery statement and received all the boat documents. In case Regis Guillemot Charter notices that Charterer's and crew's sailing experience is deficient, they reserve the right to cancel the charter and keep all the payments. If on departure date, the hired boat or equivalent is not available, Eurl Dominque has has the right to the following possibilities : replace the hired boat by another one of similar size or a bigger, or refund for the time the boat was not available, on a prorated basis of charter fee. In all cases, Charterer cannot claim for prejudice for boat not being available.
ART 5: CHARTERER COMMITMENT
Before signing the delivery contradictory inventory, Charterer will check that boat and equipment is in good working order and properly. He can make any comment or reservation. Acceptance by Charterer certifies that the obligations of Regis Guillemot Charter for delivery have been fulfilled. After delivery, Charterer and crew are fully responsible of the yacht and for any damage to property or injury to persons that could happen including third parties. The charterer must provide a valid sailing license if it is required by the legislation of the country where the charter takes place. With the signature of the present contract, the charterer certifies to have the capacity to sail the chartered boat. The charterer or skipper needs to fill out his nautical experience as required by Regis Guillemot Charter. The charterer must be 18 years or more when the charter starts.
USE OF THE BOAT
Regis Guillemot Charter Charterer agrees to carry the number of passengers required by security rules of the boat. He will only use the boat for recreational purposes, not transport merchandise or carry passengers for pay or have any other commercial activity such as professional fishing or regattas etc... Charterer agrees to use the boat as a responsible person and will comply with all laws of Islands, especially concerning fishing. Lending or renting of the boat is prohibited. Charterer will hold Regis Guillemot Charter harmless from and against any and all claims and legal actions arising under or in connection with this Contract for not respecting these rules. The Charterer will be the only legally responsible party to the maritime authorities, customs, courts. Charterer will pay all running expenses incurred after delivery of the boat, such as mooring fees, local taxes, fuel oil, gas, batteries, water and food. Charterer will take care of boat maintenance during charter and should respect the zones allowed of navigation imposed by the insurer, by Regis Guillemot Charter and by the boat itself. Charterer agrees not to leave the harbour or mooring with winds over force 6 or if this strength of wind is forecasted, if port authorities have prohibited any navigation, if the Yacht is damaged and not repaired, and if any vital equipment such as engine, sails, rigging, bilge pump, navigation lights, berth gears, compass, security equipment, …are not in good working conditions, if fuel reserves are not sufficient, if, in general, weather, yacht or crew conditions endanger Yacht or crew.Charterer agrees not to sail during the night. It is forbidden to sail under the influence condition of alcohol or narcotic drugs.
RESTITUTION OF THE BOAT
The boat must be returned with all gear aboard in the same good conditions as upon departure, in good cleaning conditions, on the specified end date and time. Bad weather conditions are not considered a valid excuse to be late at check out as the skipper needs to take the weather condition in account while sailing. In case of delay on return, Charterer agrees to pay Regis Guillemot Charter the prorated charter fee plus 50%. Any begun day is considered as a full day. Charterer remains fully responsible of the Yacht until signature of the return counter-inventory and final disembarkation . In case Regis Guillemot Charter allows the charterer to sleep onboard after the check out, the charterer remains responsible until disembarking. The security deposit will be reimbursed maximum within one month after disembarking.
In case of confiscation, seizure or immobilization of the chartered boat, because of the charterer, this latter agrees to pay a prorated charter fee compensation for the period of unavailability of the boat. If Charterer leaves the Yacht elsewhere than the specified End Port, he agrees to pay Regis Guillemot Charter for all fees for sailing the yacht back, as well as a prorated charter fee compensation for the number of days necessary to sail the boat back to the base.
ART 6: OBJECT AND RESTITUTION OF THE DEPOSIT
A deposit is settled by the Charterer. This deposit shall cover each loss or damage and annex costs which would not be insured under the Insurance policy, cleaning costs if the Yacht is not returned in a good condition and all other charges or indemnities which could be claimed by Maritime Authorities or third party due to non respect of the Charterer's commitment in respect of the present contract. This deposit shall be used to compensate Regis Guillemot Charter for all these costs and or charges claimed due to failure or fault committed by the Charterer.
When the tenant's obligations have been respected, the back signed inventory and, after the tenant's definitive landing, the deposit will be restored one month at the latest after the period of renting. However, in case of disaster took in charge by the insurance, the restitution of the deposit will be differed till 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.
Charterer may subscribe an insurance contract as option with Regis Guillemot Charter against potential payment of deductible in case of damages. Losses or damages not covered by insurance are to be charged to the charterer on his deposit. In case of security insurance contracted with Regis Guillemot Charter, a residual security deposit defined in Terms in conditions, is to be charged to charterer to cover potential damages not covered in insurance. Deposit will be refunded to the Charterer after contradictory inventory and control of the condition of the yacht for the balance of the accounts such as unpaid contractual charges, third party claims, loss or damage not insured by the Insurance policy.
ART 7: INSURANCE
Regis Guillemot Charter shall conclude an insurance contract to cover the chartered boat against loss or damage to the hull, machinery, gear and equipment of the yacht, liabilities to third parties for loss or damage to any other vessel or property whatsoever, loss of life or personal injury. This insurance includes a deposit which is at the charge of the charterer. Dinghy and outboard are not covered by any insurance. If they are lost or stolen, charterer must assume charges for a replacement. Personal belongings are not covered by the aforesaid insurance contract. In case of any loss or misfortune, it is the duty of the Charterer it to take such measures as may be reasonable for the purpose of averting or minimizing a loss which would be recoverable under this insurance. The Charterer has to report very shortly the circumstances of the occurrence and to preserve the Regis Guillemot Charter rights vis a vis third parties in obtaining names and references of the third party involved in the occurrence as well as the information concerning his insurance. Charterer agrees to stay within the cruising area, which is covered by the insurance and communicated to the charterer at the booking or at the check in. A copy of the insurance policy is at the disposal of the charterer.
ART.8: ACCIDENTS AND DAMAGES
In case of damages, collision of loss of material occurring during the charter, the charterer agrees to inform Regis Guillemot Charter immediately and will follow any navigation and routing instructions. Regis Guillemot Charter is not obliged to provide a replacement boat nor to refund the Charterer.
ART.9: CONTRACT CANCELLATION
Before boat delivery, Charterer may cancel this contract by paying the following : - more than 3 months before the departure: 20%payment of the charter price - between 3 months and 1 month before the departure: 50% payment of the charter price - Less than one month before the departure: 100% of the charter fee. If on departure date, the hired boat or equivalent is not available within 48 hours, the charterer has the right to cancel the contract and be refunded for charter fee. In all cases, Charterer cannot claim for prejudice for boat not being available. If any required document is missing (article 3), Regis Guillemot Charter has the right to cancel the charter, again without any prejudice.
ART.10: EXONERATION OF RESPONSIBILITY
Regis Guillemot Charter is not responsible for the damages onboard, except for damage due to normal wear and tear or manufacturing defect.
ART 11: GOVERNING LAWS
Any legal action arising under or in connection with this contract will be adjudicated in Fort de France