1- RENTAL - RESERVATION
The booking form is valid for ten days from the date of issue. The booking will be deemed «firm» when NICOLS or AQUITAINE NAVIGATION confirms the reservation to the hirer on receipt of the booking form and the agreed deposit.
PAYMENT OF BALANCE of the rental amount indicated on the deposit receipt will become due six weeks before the departure date, the rental operator will not issue a reminder.
DOCUMENTS: On receipt of the balance, the rental operator will send the hirer the necessary documents for use of the boat.
For all bookings made less than 42 days (six weeks) before the starting date the whole rental amount must be paid on reservation.
All bank charges will be payable by the hirer.
In application ot the article L221-28 of the Code of the Consumer, the hirer having reserved by telephone or via internet with Aquitaine Navigation does not benefit from the law of retraction noted in the article L 221-18 of the same code.
2- ABILITY
The person responsible for hiring must be over 18 years of age and is responsible for the boat and all persons sailing with him. Persons over 16 years of age may take the helm in the presence of, and under the responsibility of an adult named on the "carte de plaisance" (boat licence) and who has received the initial instruction.
The person responsible for hiring must be accompanied by at least one person over 16 years of age.
The rental operator reserves the right to decline to hand over a boat to the hirer if he does not seem able to take up this responsibility, notwithstanding references, certificates or proof of competence. In this case, the rental operator can cancel the contract, without having to refund any previously paid amount.
The person responsible will take charge of the boat after completion of certain formalities (deposit, inventory check), receipt of administrative documents and instruction in the operation of the boat.
The hirer is obliged to respect the rules of river navigation as laid down by the waterways authorities and by the rental operator.
The hirer agrees not to embark more people on the boat than the limit specified in the contract and not to take part in any race. Night navigation, navigation on the Garonne or on the sea, towing, lending and subrental of the boat are forbidden.
3- SECURITY and CLEANING DEPOSITS
The amount varies according to the boat hired. It is left on the day of departure before boarding (cash or credit card).
The cleaning deposit corresponds to the cost of cleaning should the boat not be returned perfectly clean (cleaning deposit €150 for boats under 10m, €200 for boats of 10 to 13m length, €250 for boats over 13m and €300 for boats of the FLY range).
The boat deposit is €1000 for boats under 10m, €1500 for boats of 10 to 13m length, €2000 for boats over 13m and €2500 for boats of the FLY range, and covers:
- any loss, deterioration or destruction of the boat and its equipment and the cost of getting afloat a stranded boat attributable to the hirer and/or its passengers.
- the cost of replacement of any missing (lost or stolen) or damaged items from the inventory drawn up at the beginning of the rental period (see §5)
- delays in the return of the boat (see §16) or costs due to abandoning the boat (see §15)
- the cost of the fuel and miscellaneous consumables (see §6)
The hirer has accepted in advance that the renter can debit his bank account using the pre-authorization or cashing of the cheques in respect of the deposits for the above mentioned costs.
4- INSURANCE
The insurance of the hired cruiser includes accidental damage to the boat, and to third parties caused by the boat.
This insurance does not include: Personal accident/injury to the persons on board, personal belongings, the hirers own civil responsibilities, loss or deterioration of material or equipment, or misuse of the boat by the hirer, or any accident or damage involving hired bicycles.
The hirer remains his own insurer up to the amount of security deposit. He is free to take out one or more insurance policies with a company of his choice to cover such risks as:
- The amount due to the hire company in case of cancellation (except the administration fee)
- The repayment of half of the security deposit of the boat
- Interruption of cruise
- Corporal accidents to the hirer or crewmembers.
In every case, the insurance will not cover the civil responsibility of the hirer, or any damage or loss or other expense resulting from driving the boat when drunk, or under the influence of drugs, or by failure to observe the rules stated in the "Code de Navigation Fluviale".
5- EQUIPMENT
The hirer undertakes to report any damage, theft or deterioration of equipment and may be required to replace them.
6- CONSUMABLES
Extra costs for the hirer are diesel, oil, gas for cooking, and all necessary consumables for the use of the boat during your stay. The prices may vary depending on fuel price fluctuations. The prices are displayed at the point of departure. Any mooring fees must be paid by the hirer and may vary from port to port.
7- BICYCLES
The bicycles for rent are the responsibility of the boat hirer. In case of theft, the hirer is obliged to make an official statement to the local police and to present the original documents given by the police to the rental base. The hirer and other members of his/her party, remain responsible for any accidents, damage caused to the bicycles, or third party costs.
8- CANCELLATION
By the hirer:
If the hirer is forced to cancel his reservation, the rental operator must be advised in writing.
The costs withheld are the following:
- over 12 weeks before departure: 15% of the rental amount (with a minimum of €150),
- between 6 and 12 weeks before departure: 40% of the rental charge (with a minimum of €150)
- less than 6 weeks before departure: 100% of the rental charge.
By the rental operator:
If, in the case of unforeseen circumstances, beyond the control of the rental operator, the hired boat is not available, everything possible will be done to supply the hirer with a boat of equivalent comfort and capacity.
If this is not possible within the contractual period, the rental operator will refund the rental charge, to the exclusion of all other costs, damages or interests.
9- MODIFICATION
Change of dates, type of boat or region requested by the hirer, and accepted by the rental operator, will entail full payment of cancellation charges specified under paragraph 8 in order to cover financial prejudice on the original booking.
10- ONE-WAY
The direction of one-way trips and thus the departure base in the same region may have to be altered. Exceptionally, a one-way cruise may have to be converted into a return cruise due to unforeseen circumstances. In this case, only the one-way trip supplement will be refunded.
The hirer is required to call 48 hours before the date of departure for confirmation of the one-way and the direction of navigation.
These alterations will in no circumstances be considered grounds for cancellation or damages
11- INTERRUPTIONS OR RESTRICTIONS TO NAVIGATION
Only the points of departure and return are binding (excluding exceptions in §10), a particular route is not guaranteed.
The rental operator cannot be held responsible for interruptions or restrictions to navigation due to reasons beyond his control (works, flooding, drought, strikes, administrative directives, lock closures on a public holiday etc.....) and will therefore not grant any refund.
In case these events prevent the boat rental, either the rental company can modify the location and dates of the cruise with an equivalent or larger boat; or the paid sums can be given as a credit for a cruise at a later date, to be agreed by both parties. Failing that, the paid sums will be kept by the rental company.
If the events occur during the cruise, thus causing a total halt to navigation and the loss of one or several days, the paid sums can be given as a credit for a cruise at a later date. This cruise must be from the same base and during the same season. Without agreement, the paid sums will be kept by the rental company.
In case of Force Majeure concerning Buzet base, the boat may be limited to navigation on the Garonne Canal, which will not, under any circumstances, be grounds for cancellation.
12- BREAKDOWN
Our port offers a free breakdown service which will be provided as quickly as possible, after your phone call to the port during normal working hours. This service becomes payable in case of any fault attributable to the hirer.
Breakdowns not attributable to the hirer:
Time lost to the hirer due to a breakdown not attributable to him, taking place during the cruise, will be refunded on a rate pro-rata to the time lost, subject to a reduction of 24 hours.
Breakdowns attributable to the hirer:
If it is clear that the breakdown is attributable to the hirer, he has no right to any compensation for time lost on his boat.
The rental operator reserves the right to withhold sums paid as a deposit to cover the costs of repair to the boat.
13- DAMAGE - ACCIDENTS
No claim can be made against the rental operator in case of accident resulting from the personal actions of the hirer.
The hirer must indicate any damage caused to or by the hirer: the rental operator will indicate the next steps to be taken.
The hirer must not repair or attempt to repair damage and / or breakdowns without the agreement of the rental operator.
The hirer is required to complete the accident report form and it is to be countersigned by the third party.
Any damage not attributable to the rental operator cannot be the subject of compensation in the hirer's favour in the case of his cruise being interrupted.
14- MEDIATION PROCESS
In the event of a dispute, after havin gcontacted our customer service and in the absence of a satisfactory reponse within 60 days, the customer can contact the mediator: CMC, whose contact details and referal procedures are available at: http://cm2c.net/comment-nous-saisir.php.
15- BOAT ABANDONMENT
In case of boat abandonment, except for sudden and lengthy non-operation of the waterway, the rental company will invoice the hirer the cost of the boat's transfer to the base of return, according to a daily fixed rate of €100, plus fuel and cleaning costs.
16- RETURNING THE BOAT
The boat must be returned to its base at the time and date agreed except in case of Force Majeure: The person responsible should plan a long enough margin for the return time to be respected.
The boat is to be returned to the rental operator in the same condition as when it was collected, in accordance with the inventory check-list.
If the cleaning package has been ordered, the hirer still must take out the garbage, wash and store the dishes and remove the bed linen.
The hirer will be responsible for all expenses caused by late return due to his fault: each delayed (and started) day will result in a charge equivalent to the daily rental price, plus the costs that the rental operator will have to pay to the next hirer.
17- DISPUTES
The rental contract is subject to French law.
Boat rental alone will not be classed as a package holiday; therefore NICOLS is not subject to the conditions of the European Directive (EU) 2015/2302 dated the 25th November 2015.
In any case, the rental operator cannot intervene in the terms and conditions of the execution of the hiring contract, each base being independent.
18- PROTECTION OF PERSONAL DATA
In accordance with the European regulation 2016/679 (RGPD), the privacy police of Aquitaine Navigation is accessible on the website at www.aquitaine-navigation.com and can also be provided on request.
