GENERAL TERMS AND CONDITIONS OF HIRE
These general terms and conditions of sale apply automatically to all boat hires by FILOVENT including on its website www.filovent.com.
Any reservation or order implies the unreserved acceptance by the Client of these terms and conditions.
The terms hereinafter referred to have, in these general terms and conditions, the meaning set out in this section of definitions.
Hirer or Client: You
Owner: The owner of the boat or his representative
FILOVENT: The company known as FILOVENT or Us
FILOVENT has been commissioned by various boat owners to rent various boats for recreational purposes. It under these conditions that FILOVENT presents, notably on its website, various boats for hire.
FILOVENT thus acts as an intermediary in the name of and on behalf of others, the hire contract being concluded directly between the Owner and the Client.
These general terms and conditions of rental govern the relationship between the Client, the Owner and FILOVENT. It is however specified that certain Owners also have their own terms and conditions of hire which will be given to you at the time of the delivery of the boat.
Clause 1: Services offered by FILOVENT
1.1. FILOVENT acts in good faith as a simple intermediary between the Client and the Owner. It can in no way be held responsible for actions, commitments, negligence, non-performance or damages arising from the relationship between the Client and the Owner.
1.2. We make our best efforts to illustrate the proposals presented on the site www.filovent.com with photographs giving a realistic overview of the services offered. The photos in the descriptions are merely illustrative and therefore have no contractual value.
1.3. Likewise, the advice on circuits and sailing times provided by FILOVENT is given for information purposes only. It is not considered binding on FILOVENT.
Clause 2: Placing and validating an order
2.1. To place an order, you must make the request and identify yourself beforehand either by e-mail, phone or through our online quotation request system. Following each completed request, FILOVENT will send you a quotation.
2.2. If you notify us of your agreement to this quotation, we will e-mail you a hire agreement that you will need to complete. After having read and accepted the general terms and conditions of hire you can indicate your acceptance on the hire agreement.
2.3. The order will not be definitively recorded until the final validation. This last "Click" is considered to be an electronic signature as referred to under the French Civil Code and in particular in clauses 1316 and following.
2.4. The legal provisions relating to distance selling provided for in the Consumer Code provide that the right of withdrawal is not applicable to tourist services (Clause L 221-28 of the Consumer Code). Thus, for any order of services placed with FILOVENT, you will not benefit from any right of retraction.
2.5. Following the registration of the order, FILOVENT will send you an e-mail confirmation of the order. By keeping this e-mail and printing it, you will have proof of your order.
2.6. Normally, all our boats are available. However, if exceptionally your order proves impossible to fulfil because of the unavailability of the boat, we will contact you immediately (average delay of 48 hours) to make you a counter-proposal. If it does not satisfy you, we will refund your purchase immediately.
Clause 3: Crew List, Nautical CV, boat licence
3.1. The Hirer once given his password irrevocably undertakes to update the crew list on the website www.filovent.com, as well as his nautical CV. This formality will not be required for hires with a professional skipper. The Hirer expressly undertakes to provide complete and truthful information, which is intended among other things for insurers and/or local authorities.
3.2. If the Hirer does not complete his crew list and his nautical CV on the site www.filovent.com, the contract will be terminated and the down payments kept or claimed.
3.3. This information may be requested again during your introduction to the Owner. If necessary, the Client undertakes to provide it again.
3.4. Any omission or inaccuracy in the crew list and the CV may also lead to delays in taking possession of the boat, termination of the contract or, in the event of a dispute or claim, release the Owner and/or FILOVENT from any liability.
3.5. The Client must check that the skipper has a valid boat licence and/or VHF certificate that is in conformity with the flag and the type of boat (sail or motor), the sailing area and the nationality of the skipper. Filovent will not be held responsible if the permit presented during boarding is not accepted by the Owner. As part of a river rental, with the exception of some large cities in which a VHF certificate and a river permit are requested, a boat licence is not required. A pleasure craft card will be given to you upon boarding after a short training course about the boat and river navigation.
3.6. The minimum number of passengers is two people, including one adult (AGE 18+ on the date of boarding). The second person must be at least 16 years of age (AGE 16+ years of age on the date of embarkation), except for "Vision" (and affiliated) river models, where the minimum crew is 4, Hirer included.
3.7. For sailing in Greece, the local authorities require the client to have a skipper and co-skipper on his crew, except for rentals with a professional skipper.
Clause 4: Payment
4.1. Our site allows you to book a hire directly and send us your bank details confidentially and securely while making a booking.
4.2. Card payments can be made with Visa and EuroCard MasterCard. Your account will be debited in favour of FILOVENT. Cardholders who are not French and who make a payment on this site may be liable for cross-border fees charged by the company issuing their cards.
4.3. FILOVENT uses a secure SSL payment system. The SSL secure server ensures the reliability of payments by encrypting all personal data that we require to process your order (names, addresses, e-mail address, bank details) as it is entered. During Internet transfer, it is impossible to read the data.
4.4. It is also possible to pay by communicating your credit card number over the telephone on + 33 1 70 80 97 52. Its confidentiality will be equally respected.
4.5. We accept bank transfers. All bank charges are borne by the Hirer.
4.6. Payments by cheque are not accepted unless authorised in writing by Filovent.
Clause 5: Items not included in the hire price
5.1. The following will remain the responsibility of the Hirer: motor fuels, lubricant, spark plugs, cooking fuel, batteries, any port charges, any necessary repairs and in general, any consumable material necessary for the proper operation and maintenance of the boat during the hire period.
5.2. In addition, port taxes, local taxes, customs clearance fees, airport taxes, boarding taxes and cruise taxes are not included in the hire price. These are the responsibility of the Client, to be paid on the spot and are likely to vary between the date of reservation and the hire.
5.3. The Hirer will pay the members of the professional crew (skipper, hostess, sailor, cook, etc...) for their services directly in cash on the day of the boarding except in special cases stipulated in the particular conditions of the contract. Their remunerations may vary slightly depending on the period, availability, travel expenses (air tickets, train, etc...), the exchange rate.
5.4. As part of a river rental, you will have an hourly navigation rate to cover the cost of fuel per engine hour. On departure the fuel tank will be full. You will be charged upon your return depending on the number of engine hours you have done. This package differs depending on the category of the boat and the number of navigation hours. The hourly navigation rate is subject to change depending on increases in the price of fuel. In certain bases you can buy a navigation package before departure which disregards number of hours of use.
In addition, an advance on fuel costs may be required before departure, the amount being defined by the category of the boat.
Clause 6: Use of the boat - Responsibilities
6.1. The Hirer must be of age. He agrees to use the boat in a responsible way and in compliance with the regulations of the Maritime Affairs Department, laws and regulations of the countries visited.
6.2. The Hirer undertakes to use the boat only for pleasure boating, exclusive of any commercial operation, professional fishing, transportation, regattas or other.
6.3. Towing, subletting and the loan of the hire boat are strictly forbidden.
6.4. The Hirer agrees to board only the authorised number of persons. In the context of a river rental, the boat can only be driven by the persons who have completed the required training and are registered as such on the pleasure craft card. The captain, an adult, is responsible for the equipment entrusted to him; he undertakes that in all circumstances the person who has control of the vessel will be registered on the pleasure craft card. He declares himself informed of: disqualifications and exclusions of enforceable guarantees under the insurance policy applicable to the boat. The Owner reserves the right to refuse the right to take in charge a boat to any hirer who would not be able to undertake the responsibility. In this case, you will be offered a refund of the amount of the trip excluding any compensation whatsoever.
6.5. Animals are not allowed on board the hire boats. However they are sometimes allowed on a river rental. However, the Hirer must in no case use the equipment provided (bedding, crockery...) for his animal, and must bring any accessories necessary for the animal on the boat. In addition, some bases will require an animal supplement to be paid for cleaning costs related to the presence of an animal on board. In all cases the Client must request a written agreement and the cost of the animal supplement from Filovent.
6.6. The Hirer must inform himself about the category of navigation and construction of the boat and the authorised areas of navigation. Navigation shall be carried out only in the waters of the country in which navigation of the vessel is authorised.
6.7. The Hirer is responsible for keeping the logbook, a copy of which is provided by the Owner. It is a document on which must be inscribed the details of navigation and of any incidents and damages related to the boat and its navigation.
6.8. In the event of loss or damage during the rental period, the Hirer must first inform the Owner and the insurance broker and ask for instructions, before taking under his responsibility any repair or replacement of equipment.
6.9. In case of serious loss or damage (dismasting, taking on water, fire...) the Hirer is required to urgently notify the Owner and the insurance broker and ask for instructions. In the meantime, the Hirer will be required to have a report drawn up by a loss adjuster in order to obtain from the insurance company the reimbursement of the amounts owed by him. In the event that the Hirer does not complete this formality, he may be required to pay all the expenses incurred as a result of the damage.
6.10. The deprivation of enjoyment consequent upon the damages that occur during the present hire will not be the object of any refund, even partial, of this hire and this whatever the cause of the damages, unless these are in no way attributable to the Hirer. In this case, a penalty of an amount equivalent to 48 hours hire will however be applied.
6.11. In cases where a professional skipper is engaged for the smooth running of the boat, the full responsibility of the boat and its crew remains the responsibility of the Hirer. The Hirer must provide a cabin for each member of the crew (skipper, hostess, sailor, etc...). The meals of the members of the professional crew are at the cost of the Hirer. It is customary to tip about 5 to 10% of the hire amount to the crew members.
6.12. In general, the Owner reserves the right to refuse the provision of the boat if the skipper or the crew does not appear to him to have sufficient skill, notwithstanding references, certificates and licences presented, or if the Hirer cannot take responsibility for it. In this case, he may either propose a stay in dock to the Client (port charges to be paid by the Client), or propose a skipper, if available, at the Client's expense, or limit the Client's navigation area during all or part of the hire period.
6.13. The Hirer expressly releases the Owner from any liability, by reason of a breach of his obligations and will respond alone to the persons concerned in lawsuits, prosecutions, fines and confiscations incurred by him in this respect. In case of seizure of the hire boat for which he is responsible the Hirer will be required to pay the Owner compensation corresponding to the hire rate in force and one month after the confiscation of the boat, the declared value of the boat.
6.14. The Hirer is required to keep watch on the boat at anchor. If the boat is left unattended at anchor it is not covered by the insurance.
6.15. Filovent disclaims all liability for specific requests; medical: cane, breathing apparatus for nocturnal apnoea, allergies, reinforced gangways, etc. For any specific request, please send a written request (by e-mail) to Filovent and the Base Manager of your port of embarkation.
Filovent disclaims responsibility for any inconvenience or accident, occurring during the cruise, related to the presence of people with reduced mobility, people with disabilities, or infants on board. If the crew includes persons with special needs or infants, please send a written request (by e-mail) to Filovent and the Base Manager at your port of embarkation.
6.16. The Hirer must comply with the regulations of navigation on the river or sea, as well as instructions given by the Owner and the river or maritime authorities. He is forbidden from navigating after dark.
6.17. The Hirer is responsible towards the crew members for the risks related to navigation, bathing, weather risks. Children are the sole responsibility of their parents and the wearing of lifejackets is mandatory during navigation.
6.18. Reminder of Division 240 in force
In preparation for the cruise, the skipper:
- assumes responsibility for his choices, particularly with regard to the choice of boat and safety equipment on board,
- ensures the proper maintenance and good condition of the boat,
- surrounds himself with a competent crew in good shape,
- prepares his navigation and his boat in accordance with the above,
- informs himself of the meteorological conditions and makes sure that his boat and the crew can deal with them,
- reviews the procedures to follow in case of difficulty or damage and informs his crew upon boarding.
During navigation, the skipper:
- keeps track of the changes in weather conditions,
- monitors his route, maintains his position and keeps a record on a paper map,
- respects the fauna and flora of the marine and river environment,
In all circumstances: -
He shows respect and courtesy towards other boaters and professional sailors.
6.19. In the event of abandonment of the cruise, except in the event of a sudden and prolonged impassability of the waterway, the Owner will invoice the Hirer for the return of the boat to its return base as well as penalties equal to twice the daily price of the hire for each day that it is late. The Hirer may be required to pay damages if the time required for the repatriation of the boat would force the Owner to cancel or postpone rentals scheduled after the date of disembarkation originally provided for in the Hirer's contract.
6.20. Impassability of the waterway
In the case of flood, low water, limitation of the sector (due to flood or drought), damage suffered by the waterway and any other event making navigation impossible or difficult, the Owner may, in the strict proportion to the constraints generated by these events, change the place and/or date of departure of the cruise. If these same events make navigation impossible, the sums paid by the Hirer may be credited towards a subsequent trip according to the possibilities of the Owner. These provisions apply when these same events occur during a cruise and when the immobilisation is longer than forty-eight hours.
A crew composed of at least 2 adults is recommended for the passage of the Etang de Thau (a lake located between the Canal du Midi and the Canal du Rhône at Sète). The client takes full responsibility for his crew during the navigation it being understood that the conditions of navigation can be difficult in strong wind. In case of the closure of the Etang de Thau in very strong wind (greater than 3 on the Beaufort scale), Filovent declines all responsibility and the customer cannot claim any compensation. On the other hand, in the case of a one-way trip including the passage of the Etang de Thau, it's the Client's responsibility to check the weather and organise his trip according to weather conditions in order to be able to get the boat back to base on time.
6.21. One-way Cruise - Race from one base to another Even when accepted by the Owner, this service is never guaranteed because of the uncertainties that may affect progress. The Owner may therefore, for legitimate reasons, and for the reimbursement of additional costs incurred by a one-way trip, impose on the Hirer who wishes to make this one-way journey, a return trip. It is essential to contact the base 48 hours before boarding for confirmation.
Clause 7: Navigation zone and route
7.1. The boat is hired only for the navigation area mentioned in the special conditions.
7.2. Due to new regulations or geopolitical or climatic problems, navigation from one country to another is not guaranteed by Filovent.
7.3. Filovent cannot be held responsible for a deterioration of the Hirer's safety conditions during his cruise due to political instability, migratory movements of the population, acts of piracy at sea or any form of criminal activity in the region.
7.4. Filovent cannot guarantee a route, all routes provided and mentioned on its website are indicative.
7.5. For trips from the south of France to Corsica/Sardinia the hire period must be at least 10 days. For a crossing to the Balearic Islands, the hire period must be at least 21 days. The boat may be equipped with a "Tracker" or similar geo-positioning system.
Clause 8: Taking charge of the boat
8.1. The description of the boat and its items of equipment and fittings is included in an inventory that must be given to the Hirer at the same time as the obligatory official table of instruments, documents and nautical equipment and the security certificate of the vessel. The Hirer has 24 hours from the time of taking charge of the boat to check that the boat and its equipment are in a good condition. The signature of the taking in charge document is considered to be the recognition by the Hirer that the boat is in good working condition and clean, with the exception of hidden defects.
8.2. A deposit of an amount equivalent to the insurance excess must be deposited with the Owner before boarding on the day of departure. It may be retained by the Owner in case of an accident for an amount corresponding to the amount of damage. Documentary evidence relating to this retention will be sent later to the Hirer. Some of our partners may also require a cleaning deposit and this will be stipulated on the hire agreement.
8.3. In any case, the Hirer takes the boat into his charge when the balance of the hire price has been paid, the deposit paid and the inventory signed.
8.4. The inventory of departure and return must be signed by the Hirer and the Owner. The Hire will have no recourse to Filovent or the Owner if the inventory is not signed at the departure and the return.
8.5. The embarkation corresponds to the arrival of the Hirer on the boat and not the departure of the boat from the marina. Indeed, the inventory and taking in charge of the boat requiring several hours it is common that the actual departure from the marina takes place the next morning. The disembarkation corresponds to the time at which the Hirer must leave the boat. The return to port must always be done the day before should the disembarkation be in the morning.
8.6. In the case of a provision of the boat in a port other than its home port, Filovent cannot be held responsible for any delay due to a case of force majeure or a weather hazard.
8.7. Unless previously agreed in writing, cruises begin and end on the days and in the places indicated on the confirmation. However, the Owner reserves the right for operational reasons to change the place of embarkation or disembarkation and to change the return cruise to a one way cruise, in the same region at no extra charge.
Clause 9: Return of the boat
9.1. The Hirer is required to return to the designated port within the period agreed by this contract, unless there is a different private agreement confirmed later in writing. Upon his return, the Hirer must report his presence to the Owner and make an appointment for inventory and inspection of the boat, the latter being previously emptied of all his luggage and occupants.
9.2. The cleaning and inventory times are an integral part of the rental period stipulated in the contract.
9.3. Each day of delay will result in the payment of an indemnity equivalent to twice the daily price of the current hire at the expense of the Hirer, whatever the cause of the delay. Bad weather cannot be invoked as a valid reason, since the skipper must make all arrangements in good time to deal with this eventuality.
9.4. If, for any reason, the Hirer is not able to bring the boat back to its designated port of return himself, he shall, at his own expense and risk, ensure its security and have it returned by a qualified escort after notifying the Owner. The latter will charge the Hirer the cost of repatriating a boat to its return base. The hire will not end until after the return of the boat to the Owner under the conditions provided above.
9.5 The Hirer shall return the boat and its equipment in good working order and clean. If the status on return is satisfactory, the deposit will be returned to the Hirer no later than one month after the date of delivery of the boat.
9.6. If the boat is not returned perfectly clean, the costs for cleaning it will be charged to the Hirer unless a mandatory cleaning fee is mentioned in the contract. A cleaning deposit may be requested from the Hirer on arrival at the base and returned on the day of disembarkation if the boat is returned clean.
9.7. The deposit guarantees the payment of expenses occasioned by accidental damages caused to or undergone by the boat, its equipment or appendages, the breakage or loss of materials or equipment, the bad maintenance of the boat and its equipment or appendages during the cruise, the abandonment or the late return of the boat.
9.8. Should a deterioration or loss, either of the boat and of any accessory listed in the inventory be found, the Hirer is required to pay for the repair or an identical replacement. To this end, money may be deducted from the deposit.
9.9. The Owner may claim from the Hirer or the skipper the payment of all expenses incurred even beyond the amount of the deposit if the boat has been intentionally damaged or neglected.
9.10. If the damage or loss results from a claim covered by the insurance policy provided for in these conditions, the refund of the deposit will be deferred until payment by the insurance company of repair and/or replacement bills. Reimbursement will be made after deduction of the excess and any incidental expenses that could have resulted from the incident (telegram, telephone calls, travel, reports, security services...) with presentation of the relevant documents.
9.11. The Owner is not liable for any loss or damage caused in any way whatsoever to objects belonging to the Hirer.
Clause 10: Cancellation by the Owner
10.1. In cases where, as a result of damage that occurred during the previous hire or any impediment beyond his control, the Owner cannot give use of the boat on the agreed date, he will have the possibility, either to put at the Hirer's disposal a boat of equivalent or greater size and with the same number of berths, or to return the sums paid by the Hirer or to relocate the Hirer in a hotel or apartment, without the Hirer being entitled to damages. This restitution will be proportional to the number of days corresponding to the deprivation of use.
10.2. If applicable, in case of refusal of acceptance by the Hirer of the rental conditions of the Owner, it will be possible to terminate the contract with the Hirer at fault and he will not be entitled to claim any damage whatsoever.
Clause 11: Termination attributable to or at the initiative of the Hirer
11.1. The period for which this contract has been concluded may only be changed with the agreement of the Owner and to the extent of his possibilities.
11.2. The non respect of one of the payment dates, the non respect of the commitments taken up under the general terms of hire or a breach of the contract for any reason whatsoever by the Hirer will result in the termination of the contract, payments and the balance will be due to the Owner as follows:
i. • In the case of termination attributable to the Hirer at least 60 days before the date of departure: 40% of the amount of rental and the compensation of potential members of the cabin crew (skipper, hostess, cook, etc...) will be retained by Filovent or will be due in the case that they have not yet been paid.
ii. In the case of termination attributable to the Hirer occurring less than 60 days before the date of departure: 100% of the amount of rental and the remuneration of any members of the staff on board (skipper, hostess, cook, etc...) will be retained by Filovent or will be due in the case they have not yet been paid.
iii. • Special cancellation conditions for "fleet" and "long-term hire". Derogating from the general rental conditions and cancellation plan above, any fleet booking, that is more than 3 seagoing vessels together, or long-term hire, that is more than 4 weeks, will be non-cancellable confirmed reservations (100% of the amount of the hire charge regardless of the date of withdrawal).
iv. • Any changes to reservations less than 8 weeks prior to departure will be considered a cancellation of the contract and will be required to fulfil the cancellation conditions quoted above. Any modification of a booking more than 8 weeks before departure, whether it be a change of boat from a different partner from the same base or a change to the departure point will be considered a cancellation of the contract. Any modification of the reservation more than 8 weeks before the departure, if it is a change of boat with the same partner will incur a charge of €200 and if it concerns a change of name on the contract will incur a charge of €80.
11.3. As long as the boat is supplied under the conditions stipulated in the contract, the amount of the hire will be retained, whether or not the Hirer has used the boat during the rental period, whatever the reason for the vacancy.
11.4. To cover the risks mentioned in article 11.2, the Hirer must take out cancellation insurance, for his benefit and at his expense. The Hirer may subscribe to this insurance when validating his reservation or from his Client space on www.filovent.com. Cancellation insurance will however not cover people who are not on the crew list.
11.5. In case of unavailability of the boat agreed for hire, the Owner is required to provide the Client with a boat of similar or greater size from the same port or in the vicinity or refund the full amount paid. The Owner may also, subject to the Client's agreement, propose a smaller boat and refund part of the rental in proportion to the rental value of the boat.
Clause 12: Boat Insurance and Excess
12.1. The Owner declares having taken out an all-risks insurance policy protecting the Hirer for:
i. • damage to the body of the boat, its accessories and appurtenances, partial or total theft and the main engine (excluding the HB engine and its appendages).
ii. • third-party claims for property damage and for bodily injury (civil liability).
The Hirer, however, remains responsible up to the amount of the excess and/or the deposit.
12.2. The following are excluded from the insurance of the boat:
i. • accidents, damages and losses of any nature affecting either the seagoing people on the hired boat (the Hirer, his guests, his crew) or their property.
ii. • fines and penalties incurred while the boat is in the custody of the Hirer.
iii. • damage, loss, third-party claims and expenses resulting from negligence or intentional misconduct, towing fees due to a navigational error, deliberate breach of safety or navigation rules, violation of navigation blocks or restrictions, towing, actions of any member of the crew on land, criminal use of the ship, its equipment or appendages, navigating while intoxicated, under the influence of drugs or medicinal substances affecting consciousness or the ability to react, using the boat for purposes other than private pleasure, exceeding the number of passengers authorised by the Owner, navigation outside the permitted areas, or by night for certain destinations, false statements, and any malicious acts committed with the complicity of everyone onboard.
12.3. Individual insurance may be contracted by the Hirer for himself and the persons on the rented boat to cover the various risks referred to in the preceding paragraph. FILOVENT advises the Client to subscribe to such insurance policies.
12.4. A cancellation insurance and/or a damage waiver insurance can be proposed at base by the Owner. If the Hirer has subscribed to one or both of these insurances at the time of booking he cannot claim any refund, even if the latter claims to have subscribed to or to want to take out insurance that he considers more advantageous.
Clause 13: Personal information
13.1. The information collected is for the processing of your order by FILOVENT. Financial information is used only to invoice you and make your reservation. In order to process your order, we share certain information with the Owner, or other service provider. However, we only communicate the information that is essential to prepare the plan for your trip. We do not sell Client files or confidential information.
13.2. In accordance with the Freedom of Information Act of 6 January 1978, amended in 2004, you have the right to access and rectify information concerning you, which you can exercise by contacting FILOVENT via the address firstname.lastname@example.org. You can also, for legitimate reasons, refuse the processing of your personal data.
Clause 14: Specific requirements
It is the responsibility of a passenger requiring assistance or having special requirements (including in case of respiratory insufficiency, disability or reduced mobility) to inform FILOVENT by e-mail at the time of the reservation request, and in any case, within two working days prior to departure, so that the necessary measures for the provision of the requested services can be put in place, in accordance with the structures, the equipment and the planned onboard services.
In the absence of such information, FILOVENT will legitimately consider that the passenger does not require any special service.
Clause 15: Force majeure
We will not be responsible for the non-performance of any obligation of a reservation, if such non-performance results from a case of force majeure; that is to say related to any unforeseeable and insurmountable event beyond our control and making it impossible to fulfil the obligations of these Terms and Conditions of Sale
Clause 16: Disputes
The parties expressly undertake to attempt to amicably settle any dispute that may arise between them. Failing to reach an amicable agreement, the parties undertake to submit any dispute to the competent courts of the country in which the cruise was made. In the event of proceedings which, under the preceding provisions, take place in France, the parties undertake to submit the dispute to the courts located in the jurisdiction of the Paris Court of Appeal.