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RENTAL TERMS AND CONDITIONS

 

These terms and conditions of sale automatically apply to all boat rentals carried out by the FILOVENT company, particularly on its website: www.river-and-boat.co.uk

All reservations and orders imply the Customer’s unconditional adherence to these terms and conditions.

 

Definitions

The terms mentioned hereafter, in the terms and conditions, have the meaning expressed in the definitions section.

Lessee or Customer: You

Lessor: The boat’s owner or his or her representative

FILOVENT - RIVER AND BOAT: The FILOVENT - RIVER AND BOAT company or Us.

 

Preamble

Filovent has been entrusted by different boat owners with the objective of renting their boats for recreational purposes. It is under these conditions that FILOVENT - RIVER AND BOAT offers different boats for rent, particularly on its website.

FILOVENT - RIVER AND BOAT thus acts as an intermediary on behalf and for someone else, and the rental agreement is concluded directly between the Lessor and the Customer.

These rental terms and conditions govern the relationship between the Customer, the Lessor, and FILOVENT - RIVER AND BOAT. It is, however, stated that some Lessors also have rental conditions which will be added upon the vessel’s delivery.

 

Article 1: FILOVENT’s Services

1.1. Filovent acts in good faith as an intermediary between the Customer and the Lessor. It can, in no way, be held responsible for the actions, commitments, negligence, non-compliance, or damages involving the relations between the Customer and the Lessor.

1.2. We put forth our best efforts to illustrate the proposals presented on the site www.river-and-boat.co.uk with photographs that give a realistic overview of the services offered. The pictures in the descriptions are merely illustrative and therefore have no contractual value.

1.3. Similarly, advice for trips and sailing time provided by FILOVENT - RIVER AND BOAT are purely for informative purposes. They do not bind FILOVENT - RIVER AND BOAT to any obligations.

 


 

Article 2: Order Signing and Validation

2.1. To order, you must make the request and identify yourself beforehand either by email, by phone, or through our online quote request system. After each application completed, FILOVENT - RIVER AND BOAT will send you a quote.

2.2. If you inform us of your acceptance of this quote, we will email you a rental lease that you must complete. After reviewing and accepting the rental terms and conditions, you can express your agreement to the lease.

2.3. The order will not be definitively registered until the last validation is clicked. This "click" is equivalent to an electronic signature as described under the French civil code and in particular Articles 1316 and those which follow.

2.4. Legal provisions for remote transactions shown in the French Consumer Code provide that the right of withdrawal does not apply to tourist services (Article L 121-20-4 of the French Consumer Code). Thus, for any and all service requests provided by FILOVENT - RIVER AND BOAT, you will not benefit from any withdrawal rights.

2.5. On order registration, FILOVENT - RIVER AND BOAT will send you a confirmation email of the order. By keeping this email and printing it, you retain proof of your order.

2.6. Typically, all of our boats are available. However, if by exception your order proves impossible to process because of the unavailability of the boat, we will contact you immediately (average of 48 hours) with a counter-offer. If this does not satisfy you, we will proceed with an immediate refund of your purchase.

 

Article 3: Crew List

3.1. The Lessee, provided with his or her password, irrevocably commits to updating the website www.river-and-boat.co.uk with his or her crew. The Lessee expressly commits to providing complete and truthful information, this being primarily for insurers and/or local authorities.

3.2. If the Lessee does not fill out his or her crew list on the site www.river-and-boat.co.uk, the contract will be terminated.

3.3. This information may be requested again during your meeting with the Lessor. In this case, the Customer agrees to provide them again.

3.4. Any omission or inaccuracy in the crew list or sailing experience may also cause delays in boat possession transfer, cancellation of the contract or, in the case of a claim dispute, release the Lessor and/or FILOVENT - RIVER AND BOAT from any and all obligations.

 

Article 4: Payment

4.1. Our site allows you to book your online service and send us your bank details in a confidential and secure manner when ordering.

4.2. Card payments can be made with Visa or EuroCard MasterCard. Your account will be charged to the benefit of the FILOVENT - RIVER AND BOAT company. Cardholders who are not French and who make payments on our site are subject to any international transaction fees charged by the card issuer.

4.3. FILOVENT - RIVER AND BOAT uses a secure SSL payment system. The SSL secure server guarantees the security of payment via encryption at the time it is carried out and all personal data required to process your order (names, addresses, email, bank details). When they are transferred over the internet, it is impossible for them to be read.

4.4. It is also possible to pay by giving your credit card number via telephone on + 33 1 70 80 97 52. Confidentiality will be respected to the same degree.

4.5. Additionally, we accept bank transfers: BanqueCrédit Lyonnais RIB Bank Sort Code Account Number RIB Key Debit Order 30002 00658 0000005693V 74 CL BOULOGNE VICTOR HUGO (00658) IBAN FR03 3000 2006 5800 0000 5693 V74 Code B.I.C. CRLYFRPP Account holder: SARL FILOVENT. All bank charges must be paid by the Lessee.

 

Article 5: Items not included in the rental price

5.1. Cruising fuel rate per hour and fuel consumption per motor hour.
At departure, fuel tank on the boat has been filled. The fuel will be invoiced at your return or end of cruise regarding the number of hours your engine worked. The fuel rate depends on the boat category and the number of hours navigated. The fuel rate may be subject to evolution depending on the fluctuation of fuel price. On some departing base, you have the opportunity to buy an inclusive fuel rate prior departure regardless the number of hours you cruise.
Moreover, an advance on fuel consumption might be asked on departure day. The amount of the advance is defined by the boat category.

5.2. In addition, the port fees and local taxes are not included in the rental price and are the responsibility of the Customer.

 

Article 6: Use of Boat – Responsibilities

6.1. The Lessee has to comply with the rules of river or maritime cruising, and also to the instructions provided by the Lessor and/or the river authorities or the maritime authorities. It is forbidden for the Customer to cruise after nightfall.

6.2. The Lessee must be over the age of legal majority. He commits to use the boat as « good family father » and to commit to the regulations of admiralty law, customs, police and laws and rules of the visited countries.

6.3. Riverandboat releases itself from any responsibility regarding specific requests; medical, cane, respiratory device for nocturnal apnea, allergies, reinforced footbridge, etc. For any specific request, you may address a written request (email) to Riverandboat and to the base manager of your departure port.
Riverandboat releases itself from any inconvenience and/or accident, which occurred during the cruise and which are linked to the presence of people with limited mobility, handicapped, or infants on board. If the crew includes people with specific needs and/or infants, you may send a written request (email) to Riverandboat and the base manager of your departure port

6.4. The Lessee commits to use the boat for the sole purpose of pleasure-boating, at the exclusion of any commercial operation, of professional fishing, transport, regatta and else. The Customer releases expressly Riverandboat of any responsibility of function as ship-owner or else, in consequence of any breach of those prohibitions. And the Lessee will, alone, be accountable towards the concerned authorities, trials, prosecutions, fines and seizing he exposed himself to, even in case of involuntary/unwitting mistake the Lessee made. In case of seizing of the rented boat, the Customer will have to pay the Lessor a mandatory contractual compensation; matching the price of rental into effect. In case of seizing, the Lessee will have to refund the value of the boat within a period of 8 days.

6.5. Towing, sublease, and lending of the rented boat are strictly prohibited.

 

 

6.6. The Lesseecommits to boarding only the maximum number of people allowed on the boat. The boat can only be steered by the people who followed the required training and written at this expense on the pleasance-card. The captain, over the age of legal majority, is responsible for the equipment he is entrusted with; he therefore commits, in any circumstances, to entrusting the boat steering to the person who holds the pleasance-card. The Customer declares himself informed, of the forfeiture and exclusions of guaranties actionable as insurance policy applicable to the boat. The Lessorkeeps the right to refuse the pick-up of the boat to any Lessee who would not be suitable to ensure the responsibility of it. In that specific case, a refund of the value of the booking will be offered at the exclusion of any compensation.

6.7. The Lessee must be accompanied with at least one well and able adult, for the reason of cruising, maneuvers and handling of ropes/locks, on all boat models except on the models designated as “Vision” (and affiliates), on which the minimum crew must be 4 adults, Lessee included.

6.8. Our animal friends are welcome on board under the conditions settled by each ship-owner. Therefore, on some departure base, an “animal” extra fee might be requested due to the extra costs encountered for a deeper cleaning directly linked to the presence of an animal on board. You may check the cost of this extra, if it exists, with Riverandboat. Moreover, the Customer will, no matter the case, never use the on board equipment (beds, linens, dishes…) for his pet, and he will have to bring all necessary accessories for the animal which will stay on board.

6.9. The Lessee assures he has the knowledge required for the cruise he is planning to do, as well as the requested boat licenses required by the admiralty law for the boat steering. In the field of river charter hiring, at the exception of some large cities where the VHF certificate and the ICC certificate endorsed for Inland Waters is requested, the boating license isn’t required. A pleasure-boating card will be provided at boarding after a short training about river boating and to take the boat in hand.

6.10. The Lessee is responsible for the ship’s log keeping, which a copy is provided by the Lessor. This is a document on which indications regarding the cruising and the relation between any incident and/ ordamage linked to the boat and/or cruising must be registered.

6.11. The Lessee must inform himself regarding the category of the boat steering as well as about the authorized cruising areas. Cruising will be done only in the inland waters of the country, on rivers, lakes and canals which for no boating license is requested for cruising.

6.12. In case of loss or damages during the rental, the Lessee must inform the Lessor and the insurance broker by asking for instructions prior he takes under his responsibility any repairing or replacement of an equipment.

6.13. In case of loss or important damages, the Lessee must inform in emergency the Lessor and the insurance broken as well as asking for instructions. In the awaiting of the instructions, the Customer will have to have an auditor establishing an official report of damage in order to get a refund of the assigned amount from the insurance company. In the eventuality the Lessee would not fulfill this formality; he might be taken for responsible for the payment of the full expenses encountered by the damage.

6.14. The deprivation of enjoyment consecutive to damages which occurred during the actual rental will not be subject to any refund; even partial of the rental whichever is the cause of the damages, except if those-ones are in no way imputable to the Lessee.

6.15. In cases a professional skipper is hired for the good running of the boat, the full and entire responsibility of the boat and its crew is in the responsibility of the Lessee.

6.16.In general, the Lessor keeps the right to refuse to put the boat at disposal of the Lessee if the captain or his crews do not seem to have sufficient proficiency, notwithstanding the references, certificates and licenses presented; or if the Lessee is not able to take the responsibility of the boat. In this case, the Lessor will be able to offer either a docked-stay to the Customer (dock fees at the responsibility of the Customer), or offer the services of a skipper, if available, at the expense of the Lessee; or limit the Lessee’s sailing area during the whole or the partial length of rental.

6.17. The Lessee releases expressly the Lessor and FILOVENT-RIVERANDBOAT companyof any responsibility, owing to the Customers’ failure to fulfill his commitments and he alone will be accountable towards the various parties involved for the trials, legal proceedings, fines and seizing the Lessee exposed himself to consequently to his acts. In case of seizing of the rented boat by his fault, the Lessee will have to pay the Lessor an indemnity equal to the rental price in effect.

6.18. In case of cruise abandonment, unless sudden and extended case of impracticality of water way; the Lessor will invoice the Lessee with the boat’s repatriation fees to its return base as well as penalties equal to twice the daily price of the present rental per additional day of lateness. The Lessee may have to pay compensation if the time required for the repatriation of the boat implies the Lessor has to cancel or postpone other booked charters after the check-out date originally planned in the Lessee’s contract.

6.19. One-way cruise – Charter from one base to another.
Even when allowed by the Lessor, this type of charter is never guaranteed due to hazards that may affect its well proceeding. The Lessor can therefore, for a legitimate reason, and in return for the reimbursement of additional fees involved by a one-way charter, impose a return to base charter to the Lessee who wished to do this one-way charter. It is essential and mandatory for the Customer to get in touch with the Lessor 48h prior boarding to confirm the one-way charter.

6.20. Impracticability of water way
In case of  flood,  low water, sector limitation (due to flood or drought), damages the water way was subjected to and any other event that makes navigation impossible or difficult, the Lessor can, in the bare proportion of constraints generated by such events, modify the place and/or the date of the cruise. If those same events make the navigation impossible, the amount paid by the Lessee may be valuable on a subsequent cruise according to the Lessor’s possibilities. Those disposals are applicable when the mentioned events occur during the cruise and ever since the immobilization is superior to forty-eight hours.

It is highly recommended to have a crew composed at least of 2 adults to cross the Etang de Thau (pond located between the Canal du Midi and the Canal du Rhône à Sète). The customer takes the entire responsibility of his crew to navigate given that navigating conditions may be complicated due to strong wind. In case of closing of the Etang de Thau due to very stong wind ( > 3 Beauforts), Filovent-Riverandboat declines any responsibility and the client will not be able to pretend to any compensation. Moreover, in case of one-way charter including the crossing of Etang de Thau, the Lessee has the responsibility to inform himself regarding the weather forecasts and to plan his charter according to meteorological factors in order to deliver the boat in due time and place at the arrival base.

Article 7: Responsibility for the Boat

7.1. A description of the boat and its equipment and fittings must be shown on an inventory list which must be given to the Lessee at the same time as the official list of required instruments, documents and sailing materials and the boat’s safety instructions. The Lessee has 24 hours from taking possession of the ship to check and approve its condition and that of its equipment. The signature of transfer implies that the Lessee recognizes the boat is in good condition andisclean, with the exception of hidden defects.

7.2. A deposit in the amount equivalent to the insurance deductible shall be handed over to the Lessor on the day of departure before boarding. It can be deposited by the Lessor, in the case of an accident, for an amount corresponding to that of the damage done. The documents justifying this transaction must be sent to the Lessee soon after. Some of our partners may also ask for a cleaning deposit, this will be mentioned on the lease contract

7.3. In any event, the Lessee’s responsibility for the vessel is established when the remaining balance of the purchase has been paid, the deposit accepted and the inventory list signed.

7.4. Except if a prior written agreement was made, cruises start and end the days and places mentioned on the confirmation of booking. However, the ship-owner keeps the right to change the place of departure or return and to change the cruise direction (e.g.: round trip into one-way trip) for operational reasons in the same region and without any price extra cost.

Article 8: Boat Restoration

8.1. The Lessee is required to report to the designated port within the agreed timeframe in this contract, unless mutual agreement is subsequently confirmed in writing. Upon his or her return, the Lessee must report his or her presence to the Lessor and make an appointment for inventory verification and vessel inspection after all baggage has been removed and occupants disembarked.

8.2. The times for cleaning and inventory verification are included in the rental period specified in the contract.

8.3. Each day of delay will result in the Lessee being charged a fine equivalent to twice the rental price of one day, regardless of the cause for delay. Bad weather will not suffice as an excuse; the captain must make all necessary arrangements to plan for this risk.

8.4. If, for any reason, the Lessee is not able to bring the boat back to the designated port on his or her own, he or she shall, at his or her own expense and risk, ensure that a qualified person takes care of and returns the boat after having notified the Lessor. This repatriation back to the designated home port will be at the Lessee’s expense. The lease expires only after the return of the boat to the Lessor within the conditions provided above.

8.5. The Lessee must return the boat and its equipment in good, clean, working condition. If the returned condition is satisfactory, the deposit will be returned to the Lessee within one month from the date of the boat’s return at the latest.

8.6. If the boat isn’t returned in perfect state of cleanness and tidiness, cleaning charges are at the cost of the Lessee unless a cleaning package was subscribed to and is obligatorily mentioned on the contract. A cleaning deposit might be asked to the Lessee the day of his boarding; this deposit will be returned if the boat is returned in perfect state of cleanness and tidiness.

8.7. The deposit guarantees payment of the costs of accidental damage caused to the boat, its equipment or accessories, breakage or loss of materials or equipment, poor maintenance of the boat and its equipment or accessories during its use, its abandonment or late return.

8.8. If damage to or loss of the boat or any accessory in the inventory is established, the Lessee shall pay for its perfect repair or replacement. To this end, a direct debit on the deposit can be made.

8.9. The Lessor may claim the Lessee or captain responsible for payment of all expenses incurred even beyond the amount of the deposit if the boat was intentionally damaged or neglected.

8.10. If the damage or loss is covered by the insurance policy specified in these terms and conditions, the deposit will not be returned to the Lessee until the insurance company pays for these repairs and/or part replacement. The refund will be made after deducting any incidental costs linked to the accident from the deposit (telegram, telephone, travel, inspection reports, safekeeping fees, etc.) upon presentation of proper documentation.

8.11. The Lessor is not responsible for the loss or damage caused to the objects belonging to the Lessee in any manner whatsoever.

 

Article 9: Termination by the Lessor

9.1. In instances where, following damage caused by the previous lease or any impediment beyond his or her control, the Lessor may choose not to transfer possession of the boat on the agreed date. He or she will have the possibility either to present the Lessee with a boat of equal or greater size and with the same number of berths, or return the money paid by the Lessee without the latter being able to claim damages. This refund will be proportional to the number of days corresponding to the loss of use.

9.2. If appropriate, in the case of Lessee refusal to comply with the Lessor’s rental terms and conditions, the Lessor can terminate the contract at the fault of the Lessee, the Lessee not being able to claim any damages.

Article 10: Termination due to or initiated by Lessee

10.1. The period that has been entered into this agreement may only be changed with the consent of the Lessor and within his or her capabilities.

10.2. Failure to meet payment deadlines, non-compliance with commitments made under the general conditions of rent or breach of contract for any reason whatsoever by the Lessee will result in contract termination, the deposits and the balance will remain with the Lessor as follows:

i. • In case of cancellation due to the Lessee occurring at least 42 days before departure date: 40% of the rental amount will be forfeited.
ii. • In case of cancellation due to the Lessee occurring less than 42 days before the departure date: 100% of the rental amount will be forfeited.
iii. Specific conditions “flotilla” and “long length booking” cancellation. Departingfrom general conditions of renting and to the cancellation-plan mentioned here-above, any flotilla booking – more than 3 boats cruising together- or long length rental – more than 4 weeks-, are bookings that are non-cancellable (100% of the rental amount is hold regardless the cancellation date).
iiii. Any booking modification request made less than 8 weeks prior departure will be considered as a contract cancellation and will have to fulfill the cancellation conditions mentioned here-above. Any modification of booking made more than 8 weeks prior departure, should it be a change of boat towards a different ship-owner on the same departure base, or should it be a change of departure base, will be considered as a contract cancellation. For any modification more than 8 weeks prior departure, if it is a change of boat towards the same ship-owner, will be invoiced €200 administration fee plus an extra €80 handling fee if it is a contract name changing.

10.3. Once the boat is provided in accordance with the contract, the rental amount will be forfeited, even if the Lessee has not used the boat during the rental period, whatever the reason.

10.4. To cover the risks mentioned in the second and third paragraphs above, the Lessee shall take out cancellation insurance for his or her benefit and at his ir her expense. The Lessee may take out this insurance policy when his or her reservation is validated or from his or her Customer login at www.river-and-boat.co.uk. However, this cancellation insurance will not cover those persons who are not on the crew list.

10.5. In case of unavailability of the boat for the rental agreement, the Lessor must provide the Lessee with a boat of similar size or larger from the same port or nearby, or refund the full amount paid. The Lessor may also, subject to Lessee approval, provide a smaller boat and refund a portion of the lease in proportion to the rental value of the boat

Article 11: Boat Insurance and Excess

11.1. The Lessor must declare to have taken out a total risk insurance policy covering the Lessee for:

i. • Damages caused to the body of the boat, its accessories and dependencies, partial or total theft, and to the main engine (excluding exterior engines and accessories). The Lessee will claim from his or her own insurer for the amount of the excess and/or deposit.
ii. • Third-party claims for property damage and bodily injury (civil liability).

11.2. The following are excluded from the boat's insurance policy:

i. • Accidents, damages or losses of any nature affecting both the people on board the rental boat (the Lessee, his or her guests and crew) and their property.

ii. • Fines and criminal penalties while the boat was in the possession of the Lessee.

iii. • Damages, loss, third-party claims and expenses arising from intentional or gross negligence, towing expenses due to navigational error, deliberate disregard for safety rules, navigational judgment or violation of navigational restrictions, towing, carried out by any member of the crew ashore, criminal use of the vessel, its equipment or accessories, driving while intoxicated, under the influence of drugs or substances, including medication, affecting consciousness or ability to react, using the boat for purposes other than its intended use for personal pleasure, exceeding the number of passengers authorized by the Lessor, navigation outside authorized areas, at night for some destinations (excluding the Mediterranean), false testimony, as well as any malicious act committed with the complicity of any person on board.

11.3. Individual insurance can be taken out by the Lessee for him or herself and the people aboard the rental boat to cover the different risks referred to in the previous paragraph. Filovent advises the Lessee to take out such an insurance policy.

11.4. A cancellation insurance and/or a deposit insurance can be offered at the departing base by the Lessor. It the Lessee subscribe to one or both those insurance ath the booking with Riverandboat, he cannot claim any form of refund; even if the customer pretends he subscribed or wants to subscribe to an insurance he estimates more beneficial to him.

Article 12: Personal Information

12.1. The information collected is for the purpose of processing your order via Filovent’s services. This financial information is only used for billing and making your reservation. To process your order, we share some information with renters and other providers. However, we only share the information necessary to describe your travel plans. We do not trade customer files or confidential information.

12.2. In accordance with French law on computers and freedom of information January 6th, 1978 amended in 2004, you have a right to access and modify information which concerns you. You may exercise this right by contacting FILOVENT - RIVER AND BOAT, specifically via the address info@filovent.com. You can also, with legitimate cause, oppose the processing of data pertaining to you.

Article 13: Special Needs

It is up to passengers requiring assistance or having special needs (including cases of respiratory failure, disability or reduced mobility) to notify FILOVENT - RIVER AND BOAT by email of such needs upon reservation, in any case, within two working days of departure, so that the necessary measures for meeting these special needs be implemented in accordance with proper organisation, allocation and onboard services.

In the absence of said information, FILOVENT - RIVER AND BOAT will legitimately assume that the passenger has no special needs.

Article 14: Disputes

The parties expressly agree to attempt to amicably resolve any dispute that may cause conflict between them. In the case of failure to reach an amicable agreement, the parties agree to submit any dispute to the competent courts of the country in which the sailing took place. In proceedings which, under the foregoing provisions, would take place in France, the parties agree to submit the dispute to the courts located within the jurisdiction of the Court of Appeal of Paris.