ARTICLE 1 – CANCELLATION, POSTPONEMENT, REFUND and TERMINATION BY THE HIRER
No cancellation or refunds will be accepted.
Article 2 – CANCELLATION BY RUBAN VERT
If the boat due for hire is unavailable at the scheduled date as a result of a problem having arisen during the previous rental, or for any reason beyond the company’s control, RUBAN VERT may either offer to hire another boat of the same size or larger, or refund the sums already paid to the hirer, who will not be entitled to any claim for compensation.
RUBAN VERT reserves the right to terminate the rental contract in the event of bad weather or forecast bad weather that could compromise the safety of the passengers.
Article 3 – BOAT INSURANCE AND DEDUCTIBLES
The boat is insured in particular for accidental damage, third party liability due to the boat and accidental pollution; in the event of a claim, the skipper’s financial liability shall be limited to the amount of the deposit, subject to the exceptions and exclusions listed below, when the skipper shall be liable for the full extent of the damage or loss. Fines and criminal damage are always excluded from insurance coverage. The boat insurance does not cover the skipper and passengers, their personal belongings or their own personal liability; they may take out their own insurance coverage for those risks. Breakages or loss of materials and/or equipment or failure to maintain the boat are not included in the insurance coverage.
Damage, loss, third party claims and costs resulting from intentional or willful actions on the part of the hirer, deliberate failure to comply with safety or navigation rules, violation of navigation stoppages or restrictions, towing, actions performed by passengers when off the boat, use of the boat or boat’s equipment in violation of the law, steering the boat when under the influence of drink or drugs, including medication, that affect the user’s awareness or capacity to react, use of the boat for purposes other than leisure cruising, exceeding the number of passengers authorized by the boat hire company, navigation outside authorized areas, untruthful statements and any malicious acts performed with accomplices carried on board the boat.
Article 4 – DEPOSIT
The deposit must be paid on the hiring date, before going on board and will be returned at the end of the trip, providing the boat and all its equipment have been returned at the agreed time and in the agreed place, in the same state as it was when handed over to the hirer, and the boat has not sustained or caused any third party damage and all the sums due for the boat hire or services have been paid. The deposit guarantees payment of any costs due to damage or loss caused by the hirer (i.e. the client), such as accidental damage caused or sustained by the boat and/or its equipment, failure to take care of the boat and its equipment during the cruise, or abandoning the boat or late return of the boat.
The following charges will be made for the loss or deterioration of the following items on board (for information purposes and without limitation): Adult’s life vest: €15 – Child’s life vest: €30– Fender: €15 – Awning: €500 – Table: €300. Damage to the boat will be assessed on a case by case basis. Any damage to the boat or breakages or loss of equipment must be reimbursed by the hirer. The total amount may be more than the deposit.
ARTICLE 5 – TAKING CHARGE OF THE BOAT
The skipper takes charge of the boat once he/she has paid the deposit and any outstanding sums, signed the rental agreement and checked the inventory. If boarding cannot take place at the initially agreed boat hire base for any reason, boarding may be from another base, without giving cause for cancellation. The skipper may refuse to take charge of the boat if it is not the model that was booked, unless previously agreed between the parties, if the essential equipment required for the cruise is not in good condition, or if the boat is not clean and tidy according to the standards expected in the boat hire industry.
ARTICLE 6 – USE OF THE BOAT – HIRER’S OBLIGATIONS
The hirer must be aged 18 or above. The skipper must comply with river navigation rules and with the instructions given by the hire company and the river authorities. The skipper may only sail the boat in the sectors that are authorized by the hire company. Towing another vessel, sub-leasing or lending the boat are strictly forbidden. The number of passengers must not exceed the authorized number. Pets (dogs, cats, etc.) are allowed on board our boats.
The hirer hereby holds RUBAN VERT harmless of all liability as ship owner or in any other capacity, for the hirer’s failure to comply with the above requirements and shall bear full responsibility for any proceedings, fines and confiscations incurred as a result of his/her actions, even if the offense committed was unintentional. In the event of seizure of the boat for legal reasons, the hirer shall pay contractually binding compensation to the owner equal to the current hire charge. In the event of confiscation of the boat, the hirer shall refund the full value of the boat within one month.
Article 7 – HIRER’S LIABILITY
The hirer shall be liable for any damage caused to the boat or to other vessels, whatever the circumstances.
ARTICLE 8 – ACCIDENTS DURING THE HIRE PERIOD
The skipper must immediately notify the hire company by phone in the event of an accident, and will be instructed how to proceed. The skipper must in no circumstance have the boat repaired without the hire company’s approval. The skipper also undertakes to complete and sign the insurance claims forms and to obtain the signatures of any third parties and witnesses. If the cruise is interrupted as a result of the accident, the skipper may claim no compensation, whether or not he/she was responsible. The skipper shall in any event retain full personal liability for the consequences of any accident resulting from one of the exclusions listed in the INSURANCE section above, or which may involve the civil or criminal liability of one of the passengers and is not related to the state of boat or its equipment.
Article 9 – RETURN OF THE BOAT
The hirer is responsible for returning the boat and its equipment clean and tidy and in good condition.
The boat must be returned to the place and on the date and time specified in the rental agreement, unless prevented from doing so for unforeseeable, irresistible circumstances beyond the skipper’s control. The hirer will be charged for each hour or portion of an hour beyond the time initially agreed. The hirer must notify RUBAN VERT of his presence as soon as he/she returns to the base. The boat hire period only ends once the boat has been returned to RUBAN VERT in the conditions specified above. The boat must be returned in the condition it was in when handed over to the hirer. The boat must be clean and all equipment must be returned as specified in the initial inventory. RUBAN VERT reserves the right to bill the skipper or the hirer for any extra costs incurred as a result of the hirer returning the boat late or abandoning the boat half-way through the cruise.
Article 10 – UNNAVIGABLE WATERWAYS – NAVIGATION RESTRICTIONS
RUBAN VERT shall not be held responsible or liable to pay compensation in the event of an interruption or restriction of the cruise that the hirer has booked, due to closure of the waterway for technical reasons, administrative reasons, strikes, floods or drought or any other weather condition, and more generally, for any reason beyond the hire company’s control. Should such events prevent the cruise from taking place altogether, any sums already paid shall be carried forward for a rescheduled cruise to be agreed between the parties. The hire company shall not be liable for a refund. No compensation is due on the event of a temporary interruption of the cruise.
The hirer is only authorized to sail on the following waterways: The River Erdre and the River Sèvre, excluding all tributaries and the Saint Felix tunnel in Nantes.
Article 11 – DISPUTES
The relevant court in NANTES shall have exclusive jurisdiction in the event of any dispute arising from the execution of this agreement.