Click and Sail is a Yacht broker acting as an independent intermediary between clients (called You) and providers (called Company).
ARTICLE 1: CANCELLATION BY THE COMPANY
Where the Company cannot hire the boat, due to damage sustained during the hire period or any impediment beyond its control, at the agreed date, has the full right either to make another boat available for equal or greater size with the same number of berths, or to return the money paid without You being able to claim damages. This refund will be in proportion to the number of days corresponding to the loss of use.
ARTICLE 2: CANCELLATION BY YOU
Dates entered in the contract can not be changed without the consent of Company and in accordance with the conditions of the Agreement.
The name of a compliance deadlines for regulations result in the cancellation of the contract, the deposits and the balance will be kept by the Company. The deposit remains with the Company if You request the cancellation of the contract for any reason whatsoever. Cancellation 6 weeks before the departure date, 30% of the boat hire will be retained by Click and Sail, and cancellation within 6 weeks prior to rental date: 100% of the rental is due to Click and Sail. To cover this risk You may ask for cancellation insurance at the time of booking.
The amount of the rental will be retained at the date of start of the hire, whether You have used the boat or not during the rental period, regardless of the reason for the cancellation.
Cancellation insurance can be bought by You, at your own expense, to cover the risks mentioned in the preceding paragraphs. A copy of these contracts can be sent to You on request.
If the boat is not delivered seaworthy, or lacks essential security elements, either because it does not comply with regulations, or if the Company is unable to provide a boat, You may cancel the contract and obtain a refund of amounts paid under the contract without any right to claim damages.
ARTICLE 3: BOAT INSURANCE AND DEPOSIT
A. The Company declares to have taken an insurance policy guaranteeing all risks to You:
- Damage that could be made to the body of the boat, its accessories and appurtenances, all or part of flight and main engine (excluding outboard engine and Annex). You remain responsible to the deductible and / or guarantor.
- The use of third parties for property damage and bodily injury (liability).
B. Payment of the insurance premium is included in the rental price.
C. The insurance policy does not guarantee persons carried on the boat accident that they could be victims.
D. The Company disclaims any liability for losses or damages relating to personal property of You or which may affect You or your guests. You may buy Individual insurance for passengers. You, its earnings and expenses, to cover the risks mentioned in paragraphs C and D.
ARTICLE 4: MANAGEMENT OF SHIP
A. In any event, the management of the vessel by You is made when the balance of the price has been paid, the deposit paid and the signed inventory. The Company shall deliver You a seaworthy boat, equipped and maintained in accordance with laws and regulations issued by competent authorities under the navigation category.
B. The description of the boat and its equipment are included in an inventory which must be delivered to You at the same time as the official list of instruments, documents and nautical equipment required, the certificate of registry and the ship's safety. You have 24 hours to check the condition of the boat and its equipment. The Company agrees to provide You with a free berth at the port of embarkation on the day of departure. The signature recognition is supported by You in good operating condition and cleanliness of the boat, except for latent defects.
ARTICLE 5: USE OF THE BOAT - LIABILITY - DAMAGE
A. You agree to use the boat as a "good man" and complying with the regulations of Maritime Affairs, Customs and Police from France and the countries visited. You must file a minor written permission of their parents or guardian.
B. You say you have the knowledge necessary for navigation you plan to practice, and has permits required by the Maritime Affairs for boating.
C. The Company reserves the right to refuse the provision of the boat if the skipper or the crew do not appear to have sufficient jurisdiction, notwithstanding the references, patents and licenses submitted, or for any other reason. In that event, You shall either accept the cost of a skipper, or having Your contract cancelled and the amount paid refunded, less the fee for administrative costs, without either party being entitled to damages.
D. In any event, where a professional skipper would be committed to the smooth running of the boat, the full responsibility of the boat and its crew would remain Your responsibility.
E. You undertake to only take the number of persons allowed. You agree to use the boat for boating, with the exception of any operation on trade, commercial fishing, transportation or races. You expressly relieve the Company of any responsibility as Company or otherwise, due to a breach of these prohibitions and respond only with respect to the relevant authorities of the trial, prosecution, fines and forfeitures incurred by You on this account even in case of unintentional negligence on Your part. In case of seizure of the boat rented, You must pay the compensation required rental contract, corresponding to the rental rate in effect. In case of forfeiture, You will be required to repay the value of the vessel within 8 days.
F. You are responsible for keeping the logbook, a copy is provided by the Company. This is a document that must include indications on navigation and the relationship of all incidents and damage on the ship and navigation.
G. In case of loss or damage during the rental period resulting from wear and tear, You are authorized to take on the fields under its responsibility, the initiative for the repair or replacement provided that its amount does not exceed 10% of the amount of the deposit paid at the outset. This will be refundable upon return, on presentation of invoice, if the damage or loss is not due to fault or negligence of You or persons on board. You must consult the Company for any damages in excess of that amount.
H. In case of serious damage (dismasting, leak, fire, ...) You are required to notify the emergency rental and insurance broker asking for instructions. Pending these, You will be required to establish a fact by a commissioner of damage to get insurance company reimbursement money entrusted to it. Should You not accomplish this step, it could be required to pay all expenses incurred by the damage.
I. Loss of use due to problems arising during this lease will be no refund, even partial, in the amount of such rental, regardless of the cause of the damage, except if they are not attributable to You. Even in this case, an excess of 48 hours will be applied.
J. The sub-lease and the loan is strictly prohibited.
ARTICLE 6: RETURN OF THE BOAT AND SECURITY
A. You are required to report to the designated port within the agreed timeframe for this contract except by mutual agreement confirmed in writing later. Upon your return, You must report your presence to the Company and make an appointment for inventory and inspection of the boat, it is first emptied of all its baggage and its occupants. You have free anchorage in the port of landing for the day of scheduled return. The cleaning time and inventory are an integral part of the rental period under the contract.
B. Each day of delay You will pay an indemnity equal to twice the daily price of the contract regardless of the cause of the delay. Bad weather can not be invoked as a cause, the skipper must take all its provisions in time for this eventuality.
C. If for any reason, You are unable to bring yourself to the boat's port designated return, you shall, at your expense and risk, ensure the guarding and do bring a skilled attendant after notifying the Company. The rental will end after the restoration of boat rental to the conditions provided above.
D. You must return the boat and its equipment in clean, good working condition. If the state refund is satisfactory, the deposit will be returned to You at the latest within one month after the date of delivery of the boat.
E. If the boat is not perfectly clean, the cleaning fee will be charged to the You according to the package defined in Article 1.
F. If damage or loss, as the boat than any device in inventory is found, You are required to pay a refund or repair the same. To this end, a levy on the deposit can be made.
G. If the damage or loss resulting from a loss under the insurance policy provided for in Article 4, the refund will be delayed until payment by the insurance company invoices for repair or replacement . The refund will be made after deduction of the deductible and all incidental expenses could have lead to the loss (cable, telephone, travel, reports, security, ...).
ARTICLE 7: Consumables
You are responsible for: motor fuels, lubricants, candles, fuel for cooking, electric batteries, tolls any port, and troubleshooting potential in general, any consumable material required for the proper conduct and the boat maintenance during the rental period..
ARTICLE 8: JURISTRICTION
Only the named parties to the Agreement may enforce the terms of the Agreement. Disputes arising under this form of Agreement which cannot be resolved by negotiation, should, with the written agreement of the Parties, be submitted to mediation or failing that to arbitration in the country court in which the cruise is taken.
CLICK AND SAIL is acting in good faith on behalf of both parties of the Company or Company's representative but only as contracted agent and is not in any way responsible for any actions, liabilities, negligence or injury of either parties.