Classique

Preamble

In the current general conditions, the following expression mean:
The "Company", The renting society with the contract has been agreed, which means the society which has booked the reservation.
When it comes to a boat from the society CBL, "the company" is CROWN BLUE LINE France, limited company, with a capital fo 856000 € registered in the trade and societies register of Carcassonne under N° 310 784 434 :
When it comes to a boat from the society Connoiseur or Emerald Star, "the company" is CONNOISSEUR, limited company, with a capital of 2896539 registered in the trade and societies register of Narbonne under the N° 326 495 611. Crown blue line, Connoisseur and Emerald Star are sister companies operating under the name of le boat.
The Following expressions mean:
"the hirer", the person who signs the booking;
"the Captain", the person who will be responsible of the boat and who will be given the navigation documents just after a training on the departure day;
"the boat", the boat that has been reserved by the hirer, or the one taken by the hirer or the Captain;
Interpretation
These booking conditions contain some exclusions and limitations of liability. If any part of the conditions provides to be invalid or unenforceable, the rest of the conditions will remain valid.
The clause declared invalid shall be replaced by provisions closest as possible to the cancelled ones in view of the general contract as reflected in the willingness of the parties.

Booking

Our contract with you will come into force once we have received a completed booking form and/or a 40% non refundable deposit.
as soon as a confirmation of a reservation will be agreed by the Company: the Company agrees to return the invoice confirming the reservation under 10 days after receiving the advance and the contract duly completed and signed.
Holidays can be held without payment for 7 days.
In the event of a reservation intervening less than six weeks before departure, the hirer will have to pay the full sum so that the reservation is taken into account by the Company

Payment of balance

The balance of hire charge must be paid 6 weeks before the the cruise start date. If payment is not received by this time, we reserve the right to cancel your holiday and retain your deposit. Payment can be made by credit/debit card, cheque or bank transfer.

Tariffs

The prices quoted in the brochure are based on costs, exchange rates, taxes and levies as known at August 2009.Le Boat reserves the right to revise prices in the event of any substantial changes.

Cancellation and amendment

a)Cancelled by the hirer

To cancel or amend your booking, the hirer has to inform the Company with a letter with acknowledgement of receipt, a fax or an e-mail. The cancellation or the modification will be taken into account upon receipt of this confirmation.
Please refer to the table below for our cancellation/amendment terms and conditions.

Cancellation or Amendment Type	More than 43 days before departure	Less than 42 days before departure
Cancellation of the cruise	40% of the cruise price (Loss of deposit)	100% of the cruise price (No refund)
Change of boat, region/country, dates of departure or base of departure or return	50€ admit fee (plus price difference to be charged)	Equals to a cancellation (No refund or credit) **

*Note: If changing from a return trip to a one way trip, the one way fee between 75 and 150 euros is also applicable. Changes regions or bases depending on availability and can not in any way justify cancellation
**Any changes of the boat, region/country, departure or return dates or base of departure or arrival, less then 42 days before the departure will be equivalent to a cancellation. However, minor changes may eventually be accepted for 50 euros amendment fee and deferring part payments. No refund of price difference.
Le Boat reserves the right to implement the appropriate cancellation fee.

b)If we cancel or amend your holiday

If, as a result of circumstances beyond its control the Company cannot provide the hirer, for all or part of the remaining renting period to cover, the boat he has booked or a boat of similar of higher capacity and standard than it has reserved, ,the amount paid by the hirer may apply to a subsequent journey, to be agreed between both parties, corresponding to the days of deprivation of enjoyment, and may not claim for damages. Which Means including circumstances beyond its control the floods, unannounced locks repairs, not provided closing or repair of waterways, riots, strikes, natural disasters(see clause 18 Force Majeure).
The Company will notify the hirer as soon as possible for the cancellation or modification when if will know about it. In any event, it is recommended that the hirer to communicate with the Company or directly with the base reception 48 hours before boarding for any confirmation of journey.
"Force Majeure" means unusual and unforeseeable circumstances beyond our control, the consequences of which could not have been avoided even if all due care had been exercises. (cf.Clause N°18)

Embarkation/Disembarkation and Cruising Route

The usual boat embarkation time is from 4.00pm to 6.00pm on your start day.
The disembarkation must be by 9.00am on the return day.
The company reserves the right for operational reasons beyond its control(including floods, unannounced lock repairs, non provided closing or repair of waterways (cf.clause 18 Force Majeure))to change the place or embarkation or disembarkation, to reserve the direction of one way cruise, to change to one way into a round trip, or vice versa, to provide a boat with similar or higher capacity and standard. If these events make it impossible cruising, the amounts paid may be claimed for another cruise later, agreed between the parties. These changes will in no case be the cause of cancellation. These changes will not lead to any increase of the renting price of the boat to be borne by the hirer. In addition, the Company will refund any charges paid for a one way travel converted into a round trip

Security Deposit

Before departing the base on board your cruiser, you will be required to leave a Security Deposit of 100 euros for short breaks and 150 euros for one week cruises. This deposit is towards the cost of the following incidentals:

• Fuel Charges - (See fuel charges)
• Cleaning Fee - (See return of the boat)
• Grounding Fee - (Charged if you ground the boat and assistance was required)
• Damage to or loss of bicycles.

Fuel Charges

In France, Belgium, Holland Italy and Germany, Emerald Star/Le Boat charges the amount of hours the engine has been running. At the start of your cruise you will be informed of how much the per-hour charge will be and the current engine hours on your boat will be agreed and recorded with you. In Ireland, England and Scotland, Le Boat charges fuel by the litre. At the start of your cruise the boat will be handed to you with a full tank of fuel and you will be informed by the staff member how much your fuel will cost per litre.

Damage Waiver

Insurers charge Emerald Star/Le Boat an excess with every incident and also the cost of claims potentially forces up the premiums we pay. To encourage a duty of care from you, the Hirer, and to contribute to covering this costs we ask you to pay either:

Option 1:Refundable Damage Deposit

On arrival at the base, you leave a refundable damage waiver from 1000 to 1500 euros, which will only be exercised if the boat or any of its equipment or inventory is returned damaged or lost or in the case of any accidental damage to third parties. Please note the damage waiver options do not cover any acts of gross negligence, such as damage occurred if cruising outside the instruction given Le Boat or rules of the river navigation, cruising under the influence of alcohol or drugs, running aground or cruising single handed as stated in the conditions of hire.

Option 2: Non-Refundable Collision Damage Waiver*

A charge of between 79 euros and 195 euros, depending on the type of boat, can be paid on arrival or at the time of booking. With this option, you will be fully covered if the boat or any of its equipment / inventory is returned damaged or lost, or if there is any incidental damage to third parties. * In certain instances we may insist on a deposit rather than the waiver.

Insurance

Le Boat has comprehensively insured the boat. The policy covers damage or loss to the boat and also third party liability. This policy is included in the cost of your holiday. Le Boat insurance does not cover the Hirer's personal belongings. The insurance policy does not cover accidents in which people on board could be subjected and to a certain limit their civil liability. The hirer is informed that he will have, if necessary, to purchase additional insurance concerning personal injuries or the guarantee of civil liability for every person aboard.

Conditions of hire

The hirer must be over 18 years of age.(21 years in Ireland)The minimum number of people required to hire a boat is 2 adults. The number of passengers on board may not exceed the maximum amount of passengers the boat is licensed for.
Cruise documents will be issued to the Captain after the training on the day of departure to acquire the kwnoledge required for the practice of navigation and allowing him to assume the responsibility for a charter boat. He must accept responsibility for the proper conduct of him/herself and any members of their party. Le boat cannot be held responsible for under age consumption of alcohol. The hirer must conform to the rules of river navigation, and also to the instruction given by the company and the river authorities. The hirer shall restrict not cruise after nightfall, nor engage in towing, sub hiring or lending of the boat. We reserve the right to terminate without further notice the holiday arrangements of any clients who refuses to comply with the instructions or orders of the company staff, its agent or other responsible person and whose behaviour in their opinion is likely to cause distress, damage or danger or annoyance to others customers,staff, any third party or to property. Upon such termination our responsibility for your holiday ceases and we shall not be liable for any extra costs incurred by you.

Fees, fines and prosecution

The Captain will hold himself responsible, towards authorities of any kind, for prosecutions, fines or forfeitures.
In case of seizure of the rented boat, without confiscation, the hirer will be required to pay to the Company a contractual compensation of immobilization corresponding to the rental rate in effect, plus 30%.

Boat Descriptions

Boat layout plans, specifications and illustrations in the brochure are general guidance. Some models within boat classes have minor variations such as the orientation of the beds, the positioning of the refrigerators, of the toilets and the showers. However, these differences do not alter the characteristics of the boat or the quality of the service.

Navigational Restrictions

Our brochure offers a number of cruising suggestions for each region based on our experience and knowledge of the area. At the start of your cruise, you will receive a Waterways Guide and/or detailed cruising notes for your region, clearly stating which waterways are navigable and which are prohibited or restricted. The base team will also advise on any specific routes, which are prohibited or restricted, or procedures falling under the control of the National Inland Waterways Authorities. Our guarantee does not cover cruising in areas that are prohibited or restricted. Please contact the sales team prior to departure if you wish to cruise on any waterways not covered in our brochure.

Impracticability of the waterway

The landlord can not be held responsible or asked for compensation in case of interruption or limitation of the cruise route as stipulated in the contract, due to the interruption of limitation of the cruise route as stipulated in the contract, due to the closure of waterways for technical reasons or because of administrative police, strikes, floods or droughts and other inclemency, and other circumstances beyond its control.
In these circumstances, the Company can change the bases and dates of departure and return of the cruise, make available another boat or equal or greater size. If these events make the cruise impossible, payments can be claimed for trip later, agreed between the parties.
Otherwise, payments will be kept for the Company is not required to refund. If necessary, the supplement for a one way cruise will be refunded.

Accidents and Loss of Equipment

If the boat is involved in an accident of any nature, the Hirer must immediately contact the base and complete an accident report form supplied and ask any other party involved to complete the same form. Accordingly, any omission or negligence in the report that can be done will be likely to retain full responsibility for the Captain or to justify his call to ensure, concerning accidents or damages that would not have been mentioned and the consequences of which would appear at the end of the lease. The hirer will not ask for any repairs to be carried out without Le Boat prior agreement. Should any equipment be lost, stolen or broken, the Hirer must report this on return of the boat. In any event, the Captain remains personally liable for accidents and/or losses arising out of wilful misconduct or inexcusable on his part, a breach of safety rules, of navigation precautions, and especially in case of drunk driving or under the influence of other substances that alter the consciousness or the ability. The captain is informed that in case of damages, he has to take any steps necessary to preserve at best the crew, the boat, his accessories or dependencies and notify the Company as soon as possible, to request his instructions.

Technical assistance

Le Boat has breakdown service during normal working hours every day of the week. We will endeavour to attend and repair a breakdown or technical incident as quickly as possible. The hirer will have no claim against Le Boat for any failure caused by the hirer including but not limited to grounding, and such instances the company will reserve the right to recover from the hirer the expenses incurred or rectify in the matter. In the event of the stranding, the breakdown or failure of its engine or its equipment is not attributable to the Captain or the hirer and if the repair does not occur within 4 hours after the training of the hirer (opening hours are from 9.30am to 12.30 pm and from 14.00pm to 18.00pm of the 1rst of March 2010 to the 15th of November 2010) the company will be required to compensate the hirer in the form of a credit to claim on a future cruise, Based on the daily price of the boat, prorated to the time of immobilization (not including surcharges and additional services). No claim can be brought against the Company on a technical incident, if it was not reported by the Captain during the cruise.

Force Majeure

We regret we cannot accept responsibility for or pay any compensation where performance or prompt performance of our contact with you is prevented or affected by reason of circumstances amounting to ‘Force Majeure’. Such circumstances include without restriction: the destruction or damage of your boat through fire, flood, explosion, storm or weather damage; accidental damage; criminal damage; criminal damage or any other force outside of our control. These also include flooding, shortage of water, obstruction, repairs to any waterway, lock or navigational equipment, shortage of or non-availability of fuel, riots or civil strife, industrial action or nuclear disaster, fire, adverse weather conditions, port blockades, war or threat of war, and actual or threatened terrorist activity or similar.

Return of the boat

The boat must be returned by 9.00am on your final day at the correct base. Late returns will incur a fee of 500 €. We expect the boat to returned reasonably clean i.e. with all bedding stripped, all crockery and utensils cleaned and restored, floors swept, decks mopped and rubbish neatly bagged ready to go ashore. If the boat is left in an unsatisfactory condition, a cleaning fee of between 60€ and 120€ will apply dependent on the type of boat.

Data Protection

To ensure that your holiday runs smoothly, we need to use information such as your name and address etc. We will apply appropriate security measures to protect this data. Thus, the access to all paper documents and electronic data containing information provided by the hirer on the forms and booking contracts are exclusively for the purchase of this contract with the Company.The hirer is informed that he has a right to access correct or delete data concerning himself by writing to Le Boat - Commercial management - BP1201 - 11492 Castelnaudary Cedex - France.

Dogs

Dogs can be taken on Emerald Star/Le Boat holidays. We do impose a charge for taking dogs and we ask you to bring a basket/blanket for the dog to sleep on. Animals are not allowed to lie on bedding or settees. Please do not leave dogs unattended on your boat. We restrict to a maximum of 2 dogs per boat and require the hirer to ensure the boat layout is suitable for their type of dog. If the base staff feel extra cleaning is required on the return of your boat, you will be ask to pay the cleaning fee.

Law and jurisdiction

This agreement will be covered by French law and any disputes will be dealt with by the French Courts.