• Notified
by Locaboat Plaisance
If as a result of unforeseeable and unavoidable circumstances which cannot
be prevented, LOCABOAT is unable to place the boat hired at the disposal
of the hirer or boat’s driver, LOCABOAT 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 will refund without delay to the hirer or
boat’s captain the hire amount paid, excluding any other type of
compensation.
The hire price includes insurance for accidental damage to the boat and/or
to a third party when caused by the boat.In the event of any claim,the
liability of the hirer will be limited to the amount of the damage
deposit unless the policy is rendered invalid as a result of exclusions
listed in the insurance policy. The hirer and all persons on board,together
with their personal effects and their personal third party liability,
are not covered by this nsurance.Equally breakages and damage due
to poor maintenance are not covered by this insurance.
Week-ends & short breaks On request, depending on the region and
the type of boat The hirer must report any accident straight away by
telephone to the boatyard who will instruct him what to do,and he should
refrain from taking any action other than essential because of the emergency.The
hirer undertakes to complete the accident report form in the ship ’s
documents,and also to have it completed and countersigned by any third
party.Whether the hirer is the cause of or the victim of any accident,he
is not entitled to any compensation for alteration or termination of
the cruise.
The hirer is always and in all circumstances liable for the consequences
of any accident arising from any intentional
wrongdoing,for any non-observance of safety precautions or of navigation
regulations,and in particular for the
consequences of driving the boat while intoxicated or under the influence
of drugs or of medication which
might affect awareness or reaction times
The boat will be placed at the disposal of the boat's captain after the
following formalities have been fulfilled: payment of the guarantee-deposit,
fuel advance, payment of any amounts still due, signature of the
hire contract and, in France, issuing of the carte de plaisance
(pleasure craft card) and inventory of the equipment on board.
The boat's driver will receive all theoretical and practical information
required for proper progress of his trip. The place of embarkation
may be a different base in the case of an event rendering embarkation
impossible at the scheduled place, and this is not grounds for
cancelling the trip.
The
boat's driver may legitimately
refuse the boat offered him
if it does not correspond to
the model that was reserved,
unless the parties have made
a prior arrangement, 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 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, with the inventory of contents drawn up on departure
serving as evidence, if necessary, and in a proper state of cleanliness.
The hire-firm reserves the right to have the boat's captain refund
all expenses involved by a late return or the abandonment of the
boat during the cruise.
Plans and descriptions of the boats are standardised. There may however
be minor regional variations.
The
boat's driver must notify the
hire-firm immediately by telephone
of any accident. The latter
will give the course to follow.
The boat's driver must not
have the boat repaired without
having obtained approval from
the hire-firm. In addition,
the boat's driver agrees to
complete and sign the accident
report, and to have it countersigned
by any third parties or witnesses
involved. The boat's driver,
whether the cause or victim
of the accident, shall not
claim any compensation in the
event his trip is compromised.
The boat's driver is wholly
and personally responsible
at all times for any consequences
of any accident arising from
an exclusion stipulated in
the INSURANCE section or for
which penal and civil liability
of a crewmember is sought after
without pertaining to the boat
or its equipment.
The driver must comply with the rules of river navigation, and also with
the instructions given by the hire-firm and by the river authorities.
The boat's driver shall 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. The boat's driver shall refrain
from exceeding the maximum number of people allowed on board.
LOCABOAT
cannot be held responsible or liable to pay compensation
for any interruption or limitation in the cruise
in relation to the trip provided for in the contract,
resulting from a close-down of navigable waterways
for technical reasons or administrative police reasons,
strikes, flood or drought and other adverse weather
conditions as well as for any other circumstance
beyond its control. In these conditions, LOCABOAT
can alter the places and dates of embarkation or
disembarkation, on a boat of equal or greater size.
If these same events render the whole trip impossible,
the sums paid will be placed toward payment for a
subsequent trip to be agreed upon by the parties.
The hirefirm is not bound to provide a refund. Any
temporary interruption doesn’t give right to
a refund.
LOCABOAT undertakes to provide assistance in the event of a breakdown
or damage as quickly as possible, fairly and within the rules of
its conduct of business, during working hours, seven days a week.
This service is free of charge except in cases where the boat's
captain’s behaviour is at fault.
Breakdowns
not attributable to the boat's
driver If the grounding
time due to breakdown exceeds
a period of twenty-four hours,
the hire-firm shall refund
the hirer or boat's driver,
prorata of the unexpired
hire-time, the amount of
the hiring, excluding any
other form of compensation.
The duration of the grounding
is deducted as from the time
when the boat's driver notifies
the hire-firm of the existence
of the breakdown. The boat's
driver shall refrain from
any action of his own, not
dictated by necessity or
urgency.
Breakdown
attributable to the boat's
driver If the breakdown
or immobilisation of the
boat is attributable to the
boat's driver, the latter
has no right whatsoever to
any indemnity for deprivation
of enjoyment of the hire.
LOCABOAT shall then have
the right to bill the hirer
for the expenses incurred
in the repairs.
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.
Even if accepted by LOCABOAT, this service can never be
guaranteed due to unexpected events or force majeure (e.g. cancellation
of the previous or the following customer). LOCABOAT therefore can change
the direction of the one-way cruise or demand an out and back cruise
from the hirer (with full refund of the one-way cruise supplement), with
no impact on the validation of the contract. It is indispensable to get
in contact with the commercial service 2 days before departure to confirm
the direction of the cruise.
