Please find the general rental conditions of France Fluviale, registered with the Trade and Companies Register of
Auxerre 89
under no.
315361303
with registered office at
89270 VERMENTON.
1 BOOKING
– All the holidays published herein are subject to availability.
The Company reserves the right to change the details of or withdraw any
holiday prior to a contract with the hirer being secured.A reservation is only
accepted as a booking once the booking form, duly completed and signed,
together with the Initial Payment as detailed on the booking form, is received
by the Company. The contract exists between the Hirer and the Company
once the invoice has been issued by the Company.The balance as shown in
the Confirmation of Hire Invoice must be received by the Company eight
weeks prior to the departure date. Bookings made less than eight weeks
from the departure date must be accompanied by the total payment.
2 AVAILABILITY
– Every effort is made to meet the Hirers’ requests for
the choice of boat and dates. If for any reason beyond the Company’s control,
apart from Force Majeure (see condition 6), this is not possible nor is it
possible to provide an acceptable alternative, the Company will refund any
hire monies paid to the Company by the Hirer and thereupon it’s liability to
the Hirer will cease.
3 MODIFICATIONS
– If the Hirer makes any modification to the booking
after the confirmation and invoice is issued, an alteration fee of £25 will be
charged for each and every re invoicing.The Company accepts no liability for
errors on the Invoice or Balance of hire and voucher documents made by
the Company for any aspect of the holiday or package holiday if the hirer has
not notified the said error to the Company prior to the departure date.The
Hirer must notify the Company immediately if there are any alterations to
the crew members or if there are any additional crew members wishing to
join the party. Each new member will be required to pay their Initial Payment
as detailed on the booking form and supply the company with their details
for Insurance purposes. New booking forms are available on request. The
Company endeavours to ensure that all the information contained within
this brochure is correct at the time of printing. If however an error or other
change is discovered apart from as a result of an unusual or unforeseeable
event or a Force Majeur, after the brochure has been printed we reserve the
right to make any changes to bookings as may be necessary. In all instances
the Hirer will be notified as soon as is reasonably practicable.Apart from as
indicated below, modifications will not be accepted by the Company as
grounds for cancellation by the Hirer. If however the change is one of the
following, the Company will, upon the instructions of the Hirer, attempt to
alter the booking with any refund or extra charge being accepted by the
Hirer, or refund the hire charge already paid (and thereupon its liability to
the Hirer will cease):
Change of Boat to one that is of a lesser standard than originally booked
Change of region in the country booked
Cancellation of the holiday by the Company or the Operator
4 APTITUDE
– The Hirer must be over 18 and is responsible for the Boat
and its equipment during the period of hire.The Operator reserves the right
to refuse to hand over a boat to any Hirer, who in the opinion of the
Operator is not suitable to take charge. In such a case the Company will
refund the total hire charge paid and its liability to the Hirer will thereupon
cease. The Operator reserves the right to repossess a boat from a Hirer
who in the opinion of the Operator is not suitable to continue the
cruise.The Hirer must inform the Company of any medical condition which
may affect their ability to either cruise or live on board a boat for the
duration of their holiday.
5 INSURANCE
– The Company is responsible for the insurance of the
boat, but whilst on holiday on the boat the Hirer is responsible for its gear
and equipment. A security deposit and in many instances a cleaning deposit
both as indicated on your hire Invoice is payable on arrival at the base. (see
condition 13) The Hirer is responsible for any damage to the boat its gear
and equipment up to this amount.
6 FORCE MAJEURE
– The Company accepts no liability or responsibility
if the Hirers holiday is cancelled or altered due to Force Majeure.
7 CANCELLATION
– In the event of cancellation, the Hirer must notify the
Company by telephone and on the same day send a letter by first class mail,
fax or e-mail to the French address confirming the cancellation.The date of
the cancellation is effective from the date we receive written notice. The
costs retained by the Company are as follows:
- cancellation more than 70 days before departure date £75 to cover
administration costs.
hire cost
- cancellation less than 56 days before the departure date 100% of the
total hire cost
8 BOAT DESCRIPTIONS
– Boat layout plans, specifications and
illustrations in the brochure are for general guidance. Some boats within
classes may have variations.The Company accepts no Liability for any minor
errors in the boat layouts and descriptions.
9 NAVIGATION
– The Hirer must conform to the laws governing inland
waterways navigation as well as to the instruction given by the Operator and
by the navigation authorities. If advised of an infringement of this condition
the Operator may repossess the boat and the Hirer will be responsible for
all expenses incurred even in excess of the security deposit.All navigation at
night, racing, or towing of other vessels, or subletting or loan of the boat, is
strictly forbidden.The Company accepts no responsibility and will make no
refunds for any interruption to the Hirers’ cruises due to repairs, flooding,
drought, strike or any cause beyond the Company’s control.The Company
or the Operator reserve the right to recall the boat or restrict cruising areas
if unusual or hazardous conditions prevail. No minor can control the boat
without the supervision of an adult
10 HIRE PERIODS AND ROUTES
– Unless otherwise agreed bookings
are for one week at the date, time and place of embarkation stated on the
Hire invoice. The boat is supplied as described in the brochure and in
accordance with the details indicated on the Hire Invoice and Confirmation
of Hire notwithstanding condition 8 herein.
Late return of the boat will be charged at 100e an hour or part
thereof. In the event of a previous client returning the boat in a state unfit
for navigation, the Operator will reimburse the Hirer on a pro rata basis for
any navigation time lost in excess of 7 hours. The Company reserves the
right should it be necessary for operational reasons to alter the place of
embarkation and/or disembarkation, to change a one way cruise into a
return cruise or vice versa and such changes will not be considered as
grounds of cancellation. The Operator will refund a one way cruise
supplement if the cruise is converted to a return cruise. For one way cruises
the boat must be returned to the base advised by the Company. The
confirmation of the departure base and return base for the one way cruises
will be confirmed by the Company 14 days prior to departure. Car transfers
of the clients vehicles are undertaken under the Hirers own Insurances.The
Hirer must ensure that adequate insurance is in place to cover the
Operators and that the vehicle is in a fit and safe state to be moved.
11 ACCIDENT
– The Boat must be returned to the Operator in the same
state that it was handed over to the Hirer. The Hirer must inform the
Operator of any loss, damage, breakage or theft. In the event of an accident,
damage to the boat, to other boats or to the waterways, the Hirer must a)
obtain the name of all the boats involved, the names of the people involved
and the names of any witnesses; b) inform the Operator of all details of the
damage as soon as possible. No repairs are to be undertaken without the
prior agreement of the Operator. The Hirer is responsible for any fines
issued by the authorities for loss of water or damage to the waterways.
Neither the Operator nor the Company accepts any liability for lost time or
damage or expenses incurred by the Hirer as a result of any accident.
12 BOAT DELAYS OR CURTAILMENTS
– The Company will not
accept liability for loss or damage or expenses resulting from any defect or
breakdown unless it is proved to be caused by the Operators failure to
adequately maintain the boat in a fit condition for navigation.The Hirer must
inform the Operator immediately of any breakdown, failure of the engine or
equipment for which the Hirer is responsible so that remedial action can be
taken as necessary.The Hirer has no right of recourse against the Operator
or the Company if this condition is not complied with, or if the breakdown
is caused by the Hirer’s negligence or in ignorance of the instructions given.
13 DEPOSITS
– A security deposit and at many of the bases, a Cleaning
Deposit (see page 3 of this insert for details) will be asked for on the day of
departure in cash, cheque, eurocheque or credit card (according to the
base).This will be returned to the Hirer after deduction for the cost of fuel
used, and any other costs incurred, on condition that the boat and its
equipment are returned at the prearranged time and place, undamaged and
in a good overall state of cleanliness. The Hirer will not be responsible for
any damage, loss or injury which exceeds the amount of the security deposit
unless it was caused by a deliberate or negligent act or default of the Hirer
or crew or failure to comply with these Conditions of Hire.
14 VISA/PASSPORT
– The Hirer is totally responsible for complying
with any necessary passport and/or visa requirements. Failure to do so will
not be accepted as cause for cancellation and no refund will be given by The
Company.
15 COMPLAINTS
– If the Hirer has a complaint, whilst on holiday he
must inform the Operator immediately in accordance with condition 12 above,
if the Operator is unable to assist the Hirer must contact The Company.
If the Hirer wants to make a claim against The Company once the
holiday has been completed this must be done so in writing within 28 days
of the end of the holiday with The Company.
The contract between the Hirer and the Company is made on the
terms of these Conditions of Hire which are governed by European Law and
both parties shall submit to the jurisdiction of European Courts at all times.
16 DATA PROTECTION
– Your acceptance of these conditions is your
agreement for us to hold and use both personal data and sensitive personal
data in pursuance of your holiday.This data will only be passed to those who
require it in order for us to book your holiday. If you do not want us to hold
or use this information please notify us in writing.
17 CREDIT CARDS
– The only credit cards accepted by the company are
Visa and Mastercard. All payments made via this method will be charged in
EUROS. Some Credit Card companies make charges for foreign
transactions and this may lead to discrepancies for which the Company
accepts no Liability.