Please find the general rental conditions of
Locaboat,
registered with the Trade and Companies Register of Paris 75
under no.310096664
with registered office at 75603 PARIS.
These conditions apply to the following boats:
Pénichette 935, Pénichette 1106 FB, Pénichette 1120 R, Pénichette 1260 R, Pénichette 1500 R, Pénichette 1020 FB, Pénichette 1165 FB, Pénichette 1180 FB, Pénichette 1400 FB, Pénichette 1500 FB, Europa 400, Europa 600, Europa 700, Pénichette 935 W, Pénichette 1107 W, Linssen Grand Strudy 34.9, Pénichette 1022 FB, Pénichette 950E, Europa 300, Europa 500.
Read the general rental conditions of an other boat
RESERVATION
Reservations take effect as soon as the duly completed and signed
reservation slip has been received. The reservation contract
includes the present terms and conditions together with those on
the “reservation slip“. Any alteration to these terms and conditions
shall receive the prior written agreement of the hirer.
SUITABILITY
The boat’s driver must be an adult. He is responsible for the boat
and equipment that is entrusted to him, and also for his crew and
anyone on board. Should the driver be unfit to assume this
responsibility, LOCABOAT reserves the right to offer a holiday tied
up to the quayside or to limit the extent of the cruise during some
or ail of the period, or to refuse handover of the boat altogether,
exclusively at the fault of the driver. The hirer remains personally
liable towards whatsoever authorities for any prosecution, fine,
sequestration. Should the hired boat be seized but not captured,
the hirer would be bound down to paying to LOCABOAT a
contractual penalty for this seizing equal to the tariff in force.
INSURANCE
The boat is covered for accidental damages, claims from third
parties arising because of the boat, accidental pollution.
Should any accident occur, the financial responsibility of the
boat’s driver shall not exceed the amount of the damage
deposit except in the loss of rights or exclusions hereinafter
mentioned where the boat’s driver is responsible in full for ail
damages and claims. Fines and penalties are always
excluded from insurance covers. The driver and ail persons
on board, along with their Personal effects and their own third
party liability are not covered by this insurance policy. The
boat’s driver and crew can take out individual insurance for
themselves and at their expense to cover these risks.
Likewise, breakage or loss of the boat’s equipment, as well
as a lack of care of the boat, are not covered by this policy.
Exclusions:
Damage, loss, third-party claims and expense resulting from:
- inexcusable or intentional fault, deliberate disregard for
navigation or safety regulations - violation of navigational
restrictions or stoppages - towing - acts committed by any
landside crew member - criminal use of the boat, its
equipment or tenders - piloting in an intoxicated state, under
the influence of narcotics or substances, even if for medical
purposes, which affect the mind or capacity to react - use of
the boat for purposes other than personal enjoyment
- exceeding the number of passengers authorised by law
- navigation outside authorised areas, at night, or in
winds in excess of 3 on the Beaufort scale - false
declarations, as well as any malicious act committed in
collusion with any person on board.
DAMAGE DEPOSIT - FUEL ADVANCE
The damage deposit must be paid on the day of departure
before embarking and shall be returned at the end of the trip
if the boat and ail of its equipment are returned in proper
working order, at the agreed time and place, if the boat has
not been subject to or has caused any damage to third
parties, and if ail amounts due pertaining to the trip or
services have actually been collected. This deposit
guarantees payment for expense stemming from:
- accidental damage that the boat, its equipment or
tenders have been subjected to or have caused,
- breakage or loss of equipment, improper maintenance of the
boat and its equipment or tenders during the trip, boat
abandoning and late return of the boat.
Through explicit
dispensation and excluding cases of loss of rights or the
exclusions stipulated in the INSURANCE section, if the boat’s
driver has taken out the DAMAGE WAIVER option,
LOCABOAT reduces the payment of the damage deposit in case
of accidental damage caused to the boat, structures or third
parties due to the boa. This measure applies only if:
- the boat’s driver has not committed any inexcusable or
intentional fault, has not had any disregard for safety, has
complied with navigation regulations (especially in case of
stranding, damage to superstructures and fittings during a
collision with a structure), has respected the information
stipulated in the LOCABOAT book, the Logbook and
information provided by the departure base pertaining to the
trip and piloting of the boat.
- the boat’s driver has undertaken to inform LOCABOAT and
remains responsible for breakage or loss of items that are part of
the boat’s equipment, for which the absence of or collision
with a structure, has respected the information stipulated in
the LOCABOAT documentation or provided by the departure
base pertaining to the trip and piloting of the boat. A fuel
advance must also be settled on the day of departure and
will be deducted from the amount due for fuel according to
engine hour meter.
ACCIDENTS
The boat’s driver must notify the hire-firm immediately by telephone
of any accident. The latter will give the course to follow. The boat’s
driver must not have the boat repaired without having obtained
approval from the hire-firm. In addition, the boat’s driver agrees to
complete and sign the accident report, and to have it countersigned
by any third parties or witnesses involved. Whether the cause or
victim of the accident, the boat’s driver shall not claim any
compensation in the event his trip is compromised. The boat’s
driver is wholly and personally responsible at all times for any
consequences of any accident arising from an exclusion stipulated
in the INSURANCE section or for which criminal and civil liability of
a crewmember is sought after without pertaining to the boat or its
equipment.
TRIP CANCELLATION PLAN
This must be taken out at least 10 weeks before departure and
guarantees a refund of the amounts due to LOCABOAT in
application of the “reservation cancellation“ article. This plan is valid
only in the case of cancellation of the trip before departure in the
case of one of the following events occurring after the date of
reservation and which affects only those members of the crew
mentioned on the “reservation slip“: serious illness or accident,
death of the boat’s driver himself, his spouse, ascendant or
descendant relatives / direct collateral, serious damage to his
home, economic redundancy, permanent professional transfer,
summons to a law court as either a witness or juryman. Events
stemming from intentional acts, pregnancy or abortion, giving birth
and the normal aftermath, accidents resulting from the practice of
any sport professionally, drug addiction, alcoholism and their
consequences are always excluded. The hire-firm reserves the
right to require documented proof of the event that is put forth.
Administrative expense (150 €) and the cost of the plan cannot be
reimbursed.
TRIP CANCELLATION
> Notified by the hirer
Regardless of the reason, if the hirer or boat’s captain
has not taken out the reservation cancellation plan,
LOCABOAT will invoice the following fees:
- More than 10 weeks before departure: 150 € for
handling charge
- Between 8 and 10 weeks before departure: 15 % of the
hire price with a minimum of 150 €
- Between 6 and 8 weeks before departure: 40 % of the
hire price with a minimum of 150 €
- Less than 6 weeks before departure: 100 % of the hire price
> Notified by LOCABOAT
If as a result of unforeseeable and unavoidable circumstances
which cannot be prevented, LOCABOAT is unable to place the boat
hired at the disposal of the hirer or boat’s driver, LOCABOAT
undertakes to use every means available to it to secure a
replacement boat for the hirer, of comparable comfort and capacity
to that initially reserved. Should this prove impossible, LOCABOAT
will refund without delay to the hirer or boat’s captain the hire
amount paid, excluding any other type of compensation.
EMBARKATION
The boat will be placed at the disposal of the boat’s captain after
the following formalities have been fulfilled: payment of the
guarantee-deposit, fuel advance, payment of any amounts still due,
signature of the hire contract and, in France, issuing of the “carte
de Plaisance” (pleasure craft card] and inventory of the equipment
on board. The boat’s driver will receive ail theoretical and practical
information required for proper progress of his trip. The place of
embarkation may be a different base in the case of an event
rendering embarkation impossible at the scheduled place, and this
is not grounds for cancelling the trip. The boat’s driver may
legitimately refuse the boat offered him if it does not correspond to
the model that was reserved, unless the parties have made a prior
arrangement, if the equipment essential to the successful progress
of the trip is not in a fit condition to function or if the state of
cleanliness and orderliness of the boat is not in accordance with
what he has a right to expect in regard to the fair and regular
practice of the profession.
MODIFICATION OF BOOKING
Each modification of the booking by the hirer (type of boat,
region/country, cruise dates, departure or return base, etc.)
as from the confirmation date until 8 weeks before departure
date will be billed 50 €. In between 8 weeks before date of
departure and day of departure, any modification of cruise will
have to be submitted to the hirer’s approval.
ONE-WAY CRUISES
FROM ONE BASE TO ANOTHER
Even if accepted by LOCABOAT, this service can never be
guaranteed due to unexpected events or force majeure (e.g.
cancellation of the previous or the following customer).
LOCABOAT therefore can change the direction of the oneway
cruise or demand an out and back cruise from the hirer
(with full refund of the one-way cruise supplement), with no
impact on the validation of the contract. It is indispensable to
get in contact with the commercial service 3 days before
departure to confirm the direction of the cruise.
DISEMBARKATION
The boat must be returned to the place, on the date, and at the
time established by contract, other than for unforeseeable and
unavoidable occurrence, outside the control of the hirer. The boat
is returned to the hire-firm in the same condition as when it was
placed in his care, with the inventory of contents drawn up on
departure serving as evidence, if necessary, and in a proper state
of cleanliness. The hirefirm reserves the right to have the boat’s
captain refund all expenses involved by a late return or the
abandonment of the boat during the cruise
USE OF THE BOAT BY THE BOAT’S DRIVER
The driver must comply with the rules of river navigation, and
also with the instructions given by the hire-firm and by the
river authorities. The boat’s driver shall restrict his cruising to
those waters permitted by the operator. He shall not sail after
nightfall, nor shall he engage in towing, sub hiring or lending
the boat. The boat’s driver shall refrain from exceeding the
maximum number of people allowed on board.
NON-NAVIGABILITY OF THE WATERWAY /
NAVIGATION RESTRICTIONS
LOCABOAT cannot be held responsible or liable to pay
compensation for any interruption or limitation in the cruise in
relation to the trip provided for in the contract, resulting from a
dose-down of navigable waterways for technical reasons or
administrative police reasons, strikes, flood or drought and other
adverse weather conditions as well as for any other circumstance
beyond its control. In these conditions, LOCABOAT can alter the
places and dates of embarkation or disembarkation, on a boat of
equal or greater size. If these same events render the whole trip
impossible, the sums paid will be placed toward payment for a
subsequent trip to be agreed upon by the parties. The hire-firm is
not bound to provide a refund. Any temporary interruption doesn’t
give right to a refund.
BREAKDOWNS
LOCABOAT undertakes to provide assistance in the event of a
breakdown or damage as quickly as possible, fairly and within the
rules of its conduct of business, during working hours, seven days
a week. This service is free of charge except in cases where the
boat’s captain’s behaviour is at fault.
> Breakdowns not attributable to the boat’s driver
If the grounding time due to breakdown exceeds a period of
twenty-four hours, the hire-firm shall refund the hirer or boat’s
driver, prorata of the unexpired hire-time, the amount of the
hiring, excluding any other form of compensation. The
duration of the grounding is deducted as from the time when
the boat’s driver notifies the hire-firm of the existence of the
breakdown. The boat’s driver shall refrain from any action of
his own, not dictated by necessity or urgency.
> Breakdown attributable to the boat’s driver
If the breakdown or immobilisation of the boat is attributable
to the boat’s driver, the latter has no right whatsoever to any
indemnity for deprivation of enjoyment of the hire.
LOCABOAT shall then have the right to bill the hirer for the
expenses incurred in the repairs.
APPLICABLE LAW - MISCELLANEOUS
This contract is governed by the laws of the country where
the service is executed and in the official language of that
country. In the event of litigation, only those courts depending
on LOCABOAT head office have jurisdiction. Any complaint
relating to the cruise shall be notified to LOCABOAT no later
than 30 days after the end of the cruise.