HIRER'S SUITABILITY The boat's captain must be an adult (proof of age may be required on embarkation), he is responsible not only for the boat and its equipment but also for his crew and anybody on board. Should the hirer be unfit to assume the responsibility (eg for reason of intoxication, disabling illness, evident incapacity etc) the boat -yard reserves the right to either offer a holiday tied up to the quayside or to limit the extent of the cruise during some or all of the period, or to refuse handover of the boat altogether and to make a 50% refund of the hire cost to the hirer, with no further compensation.
DEPOSIT IN GUARANTEE This deposit must be paid on the day of departure. The deposit amount is refunded at the end of cruise on condition that the boat and its equipment are refunded undamaged, in good condition, at the place and time agreed, and on condition that all charges for hire and for any additional services have been paid in full
INSURANCE The hire price includes insurance against accidental damage to the boat, or damage to third parties caused by the boat. Should any accident occur, the financial responsibility of the hirer will not exceed the amount of the damage deposit unless the clause falls within the exclusions listed in the insurance policy.
The hirer and all persons on board, together with their personal effects as well as their own third party liability, are not covered by this insurance policy. Equally damage to or breakage of the boat's equipment, as well as lack of care of the boat, are not covered by this policy.
ACCIDENTS The hirer must notify the hire-firm of any accident, immediately by telephone. The latter will give the course to be followed and will refrain from any notion not dictated by urgency. The client agrees to complete the accident report contained in the boat's documents and to have it countersigned by any third parties involved. The hirer, whether cause or victim of the accident may not claim any indemnity in the event of his craft being implicated in it.
The hirer is at all times wholly personally responsible for any consequences of any accident arising from any intentional wrongdoing, any failure to observe safety concerns, a failure to observe the rules of navigation, and in particular from steering the boat while under the influence of alcohol or drugs. .
CANCELLATION OF THE TRIP - Notified by the Hirer If you are compelled to cancel your reservation, please send written notification immediately to LOCABOAT HOLIDAYS.
The expenses withheld, for a reason other than those stipulated in the clause concerning the trip cancellation plan, will be the following :
- More than 6 weeks before departure: 150 € for administrative expenses
- Between 4 and 6 weeks before departure: 20% of the hire-charge + trip cancellation plan, if taken out
- Less than 4 weeks before departure: 100% of the hire cost.. Should it be possible to relet the boat for the full period, credit will be limited to the amount received for the new hire.
Administrative expenses and cancellation plan are excluded from the refund.
Notified by Locaboat Holidays If as a result of unforeseeable and unavoidable circumstances which cannot be prevented, Locaboat Holidays is unable to place the boat hired at the disposal of the hirer, it 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 Holidays will without delay, refund all monies paid.
TRIP CANCELLATION PLAN This is to guarantee the insured the repayment of the cancellation expenses which he will have to pay Locaboat Holidays, in accordance with the cancellation conditions. This plan is valid if you cancel your period of hire BEFORE DEPARTURE for one of the following reasons : Serious illness, serious accident, death of yourself, of your spouse, of your ascendant or descendant relatives, serious damage to your home, economic redundancy, professional transfer. This cancellation-plan extends to all members of the crew mentioned on the reservation slip.
EMBARKATION The boat will be placed at the disposal of the hirer after the following formalities have been fulfilled: payment of the guarantee-deposit, inventory of the equipment on board. The hirer may legitimately refuse the boat offered him if it does not correspond to that offered in the contractual document; 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.
The place of embarkation may be a different base in the event of close-down, of flood or of any other occurrence which renders it impossible to embark from the place contractually agreed.
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, the inventory of contents drawn up on departure serving as evidence, if necessary. The hire-firm reserves the right to have the hirer refund all expenses involved by a late return or the abandonment of the boat during the cruise.
BOAT DESCRIPTION Plans and descriptions of the boats are standardised. There may however be minor regional variations.
USE OF THE BOAT BY THE HIRER The hirer must conform to the rules of river navigation, and also to the instructions given by the hire-firm and by the river authorities. The client shall restrict his cruising to those waters permitted by the operator. He shall not sail after nightfall, nor shall he engage in towing, subhiring or lending the boat.
NON-NAVIGABILITY OF THE WATERWAY In the event of flood, low water level, restriction of the area (due to floods or drought), or of damage to the waterway, or of any other circumstances rendering navigation impossible or difficult, the hire-firm may, strictly in accordance with the constraints brought about by these circumstances, alter the places and dates or departure of the boat. If these same events render the trip impossible, the sums paid by the hirer may be placed towards payments of a subsequent trip, according to the availabilities of the hire-firm.
BREAKDOWNS Assistance in the event of breakdown is included in the hire-charge, and the hire-firm undertake to provide this as quickly as possible, fairly and within the rules of its conduct of business.
BREAKDOWNS NOT ATTRIBUTABLE TO THE HIRER If the grounding time due to breakdown exceeds a period of twenty-four hours, the hire-firm shall refund the hirer the sums paid by him, prorata of the unexpired hire-time. The duration of the grounding is deducted as from the time when the hirer notifies the hire-firm of the existence of the breakdown.
The hirer shall refrain from any action of his own, not dictated by necessity or urgency.
BREAKDOWN ATTRIBUTABLE TO THE HIRER If it is duly ascertained that the breakdown or immobilisation of the boat is attributable to the hirer, the latter has no right whatsoever to any indemnity for deprivation of enjoyment of the hire. The hire-firm may retain the amounts paid as guarantee-deposit in accordance with the expenses incurred in the repairs.
EQUIPMENT OF THE BOATS PERSONAL EFFECTS The hirer undertakes to advise the hire-firm of any equipment lost, broken, stolen or damaged and may be held liable to refund it. The hire-firm is not responsible for loss or damage caused in any way whatsoever to effects belonging to the hirer.
PETS Pets are welcome on board. However, a fixed sum of 26 € (inclusive of tax) shall be paid at the departure base, on the day of departure, to cover the additional expense of cleaning, regularly caused by the presence of an animal on the boat.
ONE WAY TRIP - From one mooring base to another Even when accepted by the hire-firm, this service is never guaranteed due to the hazards which may affect its operation. The hire-firm may therefore, for legitimate reason and by means of a refund of the extra expense caused by a single run, impose a return trip on any hirer who has wished to do the single trip. It is essential to contact the reservation service 48 hours before embarkation, for confirmation.
The present hiring conditions are in accordance with the waterways tourism charter binding the professionals and the consumer organisations of the Yonne. In the event of litigation, all proceedings shall be within the exclusive domain of the courts of JOIGNY.