GENERAL TERMS AND CONDITIONS OF HIRE
These general terms and conditions of sale apply automatically to all boat hires by H2Olidays.
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.
Owner: The owner of the boat or his representative
H2Olidays: The company known as H2Olidays or Us
1. H2Olidays acts as an intermediary in the name of and on behalf of boat owners, the hire contract being concluded directly between the Owner and the Client.
2. These general terms and conditions of rental govern the relationship between the Client, the Owner and H2Olidays. All Owners also have their own terms and conditions of hire which will be given to you with the booking form.
3. H2Olidays 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.
4. We make our best efforts to illustrate the proposals presented on the site www.barginginfrance.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.
5. 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 H2Olidays, you will not benefit from any right of retraction.
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.
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.
8. 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.
9. Towing, subletting and the loan of the hire boat are strictly forbidden.
10. The Hirer agrees to board only the authorized 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.
11. One-way Cruise - Even when accepted by the Owner, this service is never guaranteed. The Owner may therefore, with 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 or a trip in the other direction. It is essential to contact the base one week before boarding for confirmation.
12. 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.
12. 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.
13. 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
14. 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.
15. Anyone visiting the site www.barginginfrance.com or using H2Olidays to book a cruise, must be 18 or older, legally allowed to purchase services through H2Olidays and have read and accepted H2Olidays terms and conditions.