General terms and conditions of rental
Preamble
The purpose of these General Terms and Conditions of Rental, hereinafter referred to as the T&Cs, is to govern the contractual relations between DONUTS PARTY BOAT, a simplified joint stock company with a share capital of 1500 euros, registered with the Basse Terre Trade and Companies Register under the number 907798375 Management number 2021B00924, whose registered office is located at 87 Route de Sandy Ground 97150 St Martin, hereinafter referred to as the
and its private or professional customers, hereinafter referred to as the TENANT, in the context of its boat rental activity. They prevail over any other conditions or indications given to the Hirer, except in the case of prior written agreement. The fact that the HIRER does not take advantage of any of these conditions at a given time shall not be interpreted as a waiver of the right to take advantage of any of the said conditions at a later date.
ARTICLE 1 - Purpose of the contract
The present T&Cs specify the contractual conditions governing the provision by the HIRER to the Hirer of a round boat in the shape of a gift with a barbecue in its centre, or a table or a bucket of drinks and comprising a 6CV outboard motor, hereinafter referred to as the VESSEL, for the purposes of navigation and relaxation exclusively within the Lagoon of St Martin.
ARTICLE 2 - Equipment and condition of the boat
The OWNER provides the CHARTERER with a boat that is equipped and equipped in accordance with the laws and regulations in force for the intended category of navigation, and in perfect working order. The Boat is provided with the compulsory safety equipment such as life jackets, safety kit, safety instructions, fire extinguisher, anchor, flashlights.
ARTICLE 3 - Booking conditions
Reservations can be made directly on site, by telephone, by e-mail or on the DONUTS PARTY BOAT website. The OWNER chooses his rental dates according to the availability indicated by the HIRER. The availability on the requested date is then confirmed by the HIRER. It is imperative that the HIRER is of age. For all bookings a deposit of 30% of the total price of the booking must be paid by bank transfer or credit card or, failing that, in cash on site. No reservation will be taken into account without a deposit.
ARTICLE 4 - Pices
The prices are displayed on the website www.donutspartyboat.com and on the advertising brochures. They can be communicated directly on site, by telephone or by e-mail on request. The rates are quoted inclusive of all taxes and include the following charges: coal, fuel, crockery, safety equipment, rubbish bags.
Invoicing for the rental is established between the hirer and the hirer. In case of overtime, the HIRER will apply a late penalty of 50€ per hour started.
ARTICLE 5 - Payment
Payment can be made remotely on the website www.donutspartyboat.com by credit card or on site at the rental location, and/or in cash.
ARTICLE 6 - Refunds
In the event of cancellation by the OWNER, the OWNER shall be obliged to notify the HIRER at least 48 hours in advance of the reservation date. The HIRER may propose an alternative date. The HIRER is not obliged to propose a date that meets the OWNER’s needs, the proposed date will be in accordance with the other reservations and the HIRER’s calendar. If the OWNER chooses not to postpone the RENTAL, the deposit will be returned in full within 7 days.
If the OWNER does not notify the HIRER within the 48 hour notice period, the deposit received by the HIRER will be retained in full.
In the event of cancellation by the HIRER, in the event of bad weather or weather conditions that do not allow safe and comfortable navigation, a new rental date will be proposed to the HIRER. If no date can be agreed, the sums received will be returned.
ARTICLE 7 - Deposit
A deposit, hereinafter referred to as the “CAUTION”, shall be paid by the HIRER to the OWNER when taking charge of the boat. This deposit of 500 euros must be paid by bank transfer, cheque or cash on site. The purpose of the deposit is to guarantee any damage to the boat or any loss or damage attributable to the HIRER, whether or not covered by the HIRER’s insurance.
In the absence of any damage, loss or claim, the DEPOSIT is cancelled when the boat is returned to the rental point in the exact state it was in before the OWNER took charge of it.
In the event of damage, loss or damage to the boat, the deposit will be reimbursed under the following conditions: If the costs incurred are less than the amount of the DEPOSIT, the excess will be refunded within 30 days.
If the costs incurred are greater than the amount of the deposit, the OWNER will retain the full amount of the deposit.
If there is any doubt as to whether or not the damage, loss or damage is attributable to the OWNER , the DEPOSIT may be returned within 30 days of the submission of the OWNER’s insurance adjuster’s report.
The amount of the deposit does not constitute a limit of liability enforceable against the OWNER, who retains the right to exercise recourse for compensation for damage suffered, particularly for those not covered by insurance.
ARTICLE 8 - Insurance
ARTICLE 9 - Condition of the boat
When taking charge of the boat, an inventory ON THE RENTAL CONTRACT will be carried out between the hirer and the lessor. Any shortage or damage found must be notified and signed by the Hirer and the Boat Owner. By signing the document, the HIRER acknowledges the good condition and the good functioning and equipment of the boat, with the exception of hidden defects.
ARTICLE 10 - Taking charge of the boat
The OWNER undertakes to provide the HIRER with a boat in perfect working order. The HIRER must arrive 30 minutes before the reservation time in order to be able to take note of the information relating to the operation of the BOAT and the rules on board. Any delay will be deducted from the sailing time at the sole expense of the Hirer. If the HIRER, due to his lateness, does not express any reservation prior to the pick-up, he expressly acknowledges to accept the inventory and the inventory of fixtures established by the HIRER.
ARTICLE 11 - Navigation rules
The boats are designed to navigate in calm waters. For imperative safety reasons, the OWNER must navigate only in the Lagoon, following only the routes indicated on the map on board the boat.
The boat can be rented without a sailing licence. However, a skipper must be appointed by the OWNER before taking charge of the boat. This skipper must be over 18 years of age and must be physically and intellectually capable of managing the hire of the boat. The skipper is responsible for the boat and its occupants. He must comply in all respects with these T&Cs. He must only take on board the maximum number of people authorised on the boat, i.e. 10 people MAXIMUM, including children. He will only use the boat for pleasure sailing, excluding all commercial or professional activities. The consumption by the skipper of alcoholic beverages in excess of the legal limit for driving and/or drugs is strictly forbidden.
ARTICLE 12 - Return of the boat
The HIRER is obliged to return the Boat in the same condition as when he took it over and clean. The HIRER is obliged to return the boat to the base on the agreed day and time. A late fee of 50 euros (incl. VAT) will be charged for each hour of delay. Upon arrival at the rental centre, the HIRER and the OWNER will inspect the boat together
If the boat is not returned in a satisfactory state of cleanliness, the OWNER will be charged a cleaning and restoration fee of 100 euros.
If the Boat is abandoned in a place other than the place of collection, the deposit will be retained by the OWNER.
ARTICLE 13 - Damage on board or emergency situation
In the event of minor damage on board the HIRER must call the OWNER as soon as possible on the following number +590690407085 In order to allow him to go on site with the safety tender. The HIRER shall not carry out or cause to be carried out any repairs or work on the boat without specific instructions from the OWNER.
If the damage is minor and allows the Hirer to continue the Hire in good conditions of safety and comfort, after having come to the site, the HIRER may decide to continue the Hire.
In case of emergency the OWNER must call the emergency services as a priority by dialling 112.
The return of the boat before the end of the rental period following damage or deterioration in the weather will not give rise to any compensation or refund.
ARTICLE 14 - Obligations of the Hirer
The Hirer undertakes to use the Boat in accordance with the safety and navigation rules prescribed by the OWNER in the navigation guide provided. The HIRER is fully aware of the purpose of the boat, which is designed exclusively for sailing on the Lagoon, dropping anchor, enjoying the view, swimming and eating with the barbecue.
It is forbidden to fish on board the boat.
In case of strong winds of more than 19 km/h, the sunshade must remain closed.
It is STRICTLY FORBIDDEN TO DIVE AND JUMP OFF THE BOAT (a ladder is available to get on and off the boat).
During the navigation remain seated on the seats.
The maximum number of people allowed is 10, including children, however the Charterer recommends 8 people for more comfort. Children are allowed on board under the exclusive responsibility of their parents, guardians or accompanying adults.
The HIRER must follow the OWNER’sinstructions at all times, including during sailing and boating. In particular, he/she must agree to return the boat and to listen to the navigation if the weather conditions become dangerous.
ARTICLE 15 - Hirer's liability
The HIRER is responsible for any damage, loss or damage to the Vessel or its equipment and supplies from the time of pick-up to the time of return. The HIRER is responsible for the choice of the skipper and the persons he authorises to embark. The HIRER is responsible for the choice of the skipper and the persons he authorises to board the boat, from the moment he takes charge of the boat until the end of its return, and more generally as long as the boat is in his custody. The HIRER, in his capacity as custodian of the rented boat, is responsible for any material, physical or immaterial damage caused directly or indirectly by the boat during its use. The HIRER undertakes to be covered by a policy guaranteeing his civil liability.
The HIRER shall notify the OWNER upon return of the Boat of any damage that may have occurred. Any late notification will be considered as proof of bad faith.
The HIRER undertakes to make a declaration to his civil liability insurance at the request of the OWNER.
In case of partial damage, after repair and administrative processing of the file, the OWNER will be credited with the amount exceeding the repair costs, if these costs are lower than the amount of the deposit. If they are higher, the amount of the deductible equivalent to the deposit shall remain payable by the OWNER and shall be retained in full by the HIRER.
In the event of a total loss of the boat, the rental contract is automatically terminated and the OWNER is released from his obligation to return the boat. The deposit paid will be retained in full by the HIRER.
The HIRER shall not be held liable as a shipowner or otherwise in the event of a breach of the laws and regulations in force. The HIRER shall be solely responsible for any violation or non violation, vis-à-vis the Maritime and Customs authorities, and in particular in the event of fines, litigation, confiscations, prosecutions of any kind.
ARTICLE 16 - Owner's liability
The occurrence of force majeure shall suspend all contractual obligations of the OWNER. Force Majeure is any event beyond the control of the HIRER which prevents the normal operation of its business. In particular, force majeure includes: total or partial strikes that hinder the proper functioning of the HIRER or that of any of its suppliers or subcontractors, interruption of transport, energy supply, raw materials or spare parts, cyclones, storms, floods, lightning. This list is not exhaustive.
ARTICLE 17 - Respect for the environment
The HIRER undertakes to use the Boat in a way that is strictly environmentally friendly. He/she undertakes to dispose of all waste in the rubbish bag provided at the time of pick-up. The HIRER undertakes to respect the cleanliness of the site and not to throw anything into the water or onto the beaches.
ARTICLE 18 - Takeaway
Food parcels are delivered on the day of departure by an external company. Drinks and meals are only available for take-away.
ARTICLE 19 - Ownership of the boat.
The rented BOAT is the exclusive property of the OWNER. Consequently, the OWNER must respect and ensure that this right of ownership is respected at all times and at his own expense. The OWNER may not assign the said boat free of charge or against payment, nor lend or sublet it, nor pledge it as security. More generally, he may not assign or transfer in whole or in part any of the rights or obligations he holds under the rental contract, except with the prior written authorisation of the Hirer. In the event of attempted seizure, requisition or theft of the equipment, the OWNER shall take all measures to make the OWNER’s right of ownership known and shall immediately notify the latter.
ARTICLE 20 - Termination of the contract
The rental contract may be terminated by the OWNER without any written formality, and by simple verbal indication, in the event that the OWNER contravenes one of the GTC of this contract. The cancellation entails for the OWNER, or his beneficiaries, the immediate return of the Boat to the OWNER.
In the event of rental over several consecutive days, the RENTER must sign a contract for each day and return the Boat every evening at the latest by the closing time of the rental centre. Under no circumstances may the RENTER keep the Boat during the closing hours of the rental centre. In the event of early cancellation by the RENTER, he will not be entitled to any refund and will be required to pay the full amount of the rental period initially booked, whatever the reason for the cancellation. The RENTER shall return the Boat in accordance with the conditions set out in these T&Cs.
In the event of early termination by the OWNER due to damage or bad weather conditions, the OWNER will be offered a new booking date or a full refund.
ARTICLE 21 - Intellectual property
DONUTS PARTY BOAT is a registered trademark and as such is protected by trademark law. All the contractual, advertising and prospective documents of the HIRER are protected under intellectual property law and are its exclusive property. Any fraudulent or abusive use will be prosecuted.
ARTICLE 22 - Disputes
The Commercial Court shall have exclusive jurisdiction over all matters relating to these T&Cs and the Rental Agreement. The present T&Cs and the rental contract are governed exclusively by French law, regardless of the nationality of the Hirer.