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.filovent.com

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: The FILOVENT 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 offers different boats for rent, particularly on its website.

FILOVENT 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. 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.filovent.com 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 are purely for informative purposes. They do not bind FILOVENT 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 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, you will not benefit from any withdrawal rights.

2.5. On order registration, FILOVENT 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, Sailing Experience, Sailing licence

3.1. The Lessee, provided with his or her password, irrevocably commits to updating the website www.filovent.com with his or her crew list and sailing experience. However, this step will not be required for rentals with a professional captain. 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 and sailing experience on the site www.filovent.com, 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 from any and all obligations.

3.5. The tenant must own a boat licence and / or a valid and VHF-licence depending on the flag, the type of boat (sailing or motor), the navigational area and the skipper nationality. Filovent won’t be held responsible if the licence used during the boarding is not accepted by the lessor.

 

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 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 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: Banque Crédit 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. Those which will remain the Lessee’s responsibilities: motor fuels, lubricants, spark plugs, gas for cooking, electric batteries, any port tolls, and any repair fees, and, in a general sense, any consumables necessary for continued operation and boat maintenance during the rental period.

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 must be an adult. He or she commits to using the boat with due diligence, in accordance with Maritime Affairs regulations, and the laws and regulations of the countries visited.

6.2. The Lessee agrees not to use the boat for anything but pleasure cruising, excluding all operations related to commerce, professional fishing, transportation, boat racing, and other activities.

6.3. Subletting and lending the rented boat are strictly forbidden.

6.4. The Lessee agrees not to board more than the number of people allowed.

6.5. Pets are not allowed on board the rented boat.

6.6. The Lessee must inquire on the make and model of the boat as well as authorized areas of navigation. Navigation will be performed only in the waters of the country in which the navigation of the vessel is permitted.

6.7. The Lessee is responsible for keeping the logbook, of which a copy is provided by the Lessor. In this document, the Lessee must record navigation information and the relationship of all accidents and related damage to the boat and its navigation.

6.8. In case of loss or damage during the rental period, the Lessee must first notify the Lessor and the insurance broker and ask for instructions before initiating repair or replacement of equipment.

6.9. In case of loss or serious damage (dismast, leak, fire, etc.) the Lessee shall urgently notify the Lessor and the insurance broker  and ask for instructions. Pending these instructions, the Lessee will be required to establish a report from a damage appraiser in order to obtain reimbursement from the insurance company of the amount assigned. If the Lessee does not accomplish this step, he or she could be required to pay all expenses incurred by the damage.

6.10. Deprivation of use resulting from damage that occurs during the rental period of said lease will not be refunded, even partially, regardless of the cause of the damage, unless the damage is in no way attributable to the Lessee. In this case, a penalty of an amount equivalent to 48 hours of rental will still apply.

6.11. In cases where a professional captain is hired for proper conduct on board, the Lessee retains full responsibility for whatever should happen to the boat and its crew.

6.12. In a general sense, the Lessor reserves the right to refuse transfer of possession of the boat if the captain or crew does not seem to be adequately competent, notwithstanding references, proof of certification and license or if the Lessee is not able to ensure his or her accountability. In this case, the Lessor can either offer the Customer the option to stay at the dock (at the Customer’s expense) or, if available, suggest that the Customer hire a captain (at the Customer's expense) or limit the Client’s navigation area during all or part the term of the lease.

6.14. The Lessee is required to monitor the anchored boat. A boat at anchor and unattended is not covered by insurance.

 

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 and clean, 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.

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.

 

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 is not left perfectly clean, the Lessee will pay cleaning fees unless a mandatory cleaning fee is mentioned in the contract.

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.

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.filovent.com. 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. • Damage 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.

 

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, 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 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 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.

 

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