Reservations take effect as soon as the correctly completed reservation form has been received, along with the deposit. In the case of reservations made less than 6 weeks before departure, payment must be made in full. The reservation contract includes the special conditions on the "reservation form" and these general conditions which shall be repeated in the hire contract on the day of departure (a model is provided in the LOCABOAT Manual sent with reservation confirmation / invoice). 

SUITABILITY

The boat's captain must be an adult. He is responsible for the boat and equipment that is entrusted to him, and also for his crew and anyone on board. Should the boat's captain be unfit to assume this responsibility, the boatyard reserves the right to offer a holiday tied up to the quayside or to limit the extent of the cruise during some or all of the period, or to refuse handover of the boat altogether, exclusively at the fault of the boat's captain. 

INSURANCE

The hire price includes insurance against accidental damage to the boat, or damage to third parties caused by the boat. Should any accident occur, except in the loss of rights or exclusions mentioned hereinafter, the financial responsibility of the boat's captain shall not exceed the amount of the damage deposit. The boat's captain and all persons on board, along with their personal effects and their own third party liability are not covered by this insurance policy. The boat's captain can take out individual insurance for himself and at his expense to cover these risks.

Likewise, breakage or loss of the boat's equipment, as well as a lack of care of the boat, are not covered by this policy. Exclusions: Damage, loss, third party claims and expense resulting from - inexcusable or intentional fault, deliberate disregard for navigation or safety regulations, violation of navigational restrictions or stoppages, - towing, - acts committed by any landside crew member, - criminal use of the boat, its equipment or tenders; - piloting in an intoxicated state, under the influence of narcotics or substances, even if for medical purposes, which affect the mind or capacity to react, - use of the boat for purposes other than personal enjoyment, - exceeding the number of passengers authorised by law, - navigation outside authorised areas, at night, or in winds in excess of 3 on the Beaufort scale, - false declarations, as well as any malicious act committed in collusion with any person on board. 

DAMAGE DEPOSIT – FUEL ADVANCE 

The damage deposit must be paid on the day of departure before embarking and shall be returned at the end of the trip if the boat and all of its equipment are returned in proper working order, at the agreed time and place, if the boat has not been subject to or has caused any damage to third parties, and if all amounts due pertaining to the trip or services have actually been collected. This deposit guarantees payment for expense stemming from: - accidental damage that the boat, its equipment or tenders have been subjected to or have caused, - breakage or loss of equipment, improper maintenance of the boat and its equipment or tenders during the trip, boat abandoning and late return of the boat. Through explicit dispensation and excluding cases of loss of rights or the exclusions stipulated in the INSURANCE section, if the boat's captain has taken out the PARTIAL DAMAGE DEPOSIT REPURCHASE option, LOCABOAT renounces a claim on the total payment of the damage deposit in case of accidental damage caused to the boat, structures or third parties due to the boat. This measure applies only if - The boat's captain has not committed any inexcusable or intentional fault, has not had any disregard for safety, has complied with navigation regulations (especially in case of stranding, damage to superstructures and fittings during a collision with a structure), has respected the information stipulated in the LOCABOAT book, the Logbook and information provided by the departure base pertaining to the trip and piloting of the boat. - The boat's captain has undertaken to inform LOCABOAT and remains responsible for breakage or loss of items that are part of the boat's equipment, for which the absence of or damage to observed at the return inventory cannot give rise to a claim or be covered by the damage deposit paid at the time of embarkation of the boat, and commits to settling the replacement or refurbishing costs of these as soon as requested by LOCABOAT. A fuel advance must also be settled on the day of departure and will be deducted from the amount of fuel according to engine hour meter. 

ACCIDENTS 

The boat's captain must notify the hire firm immediately by telephone of any accident. The latter will give the course to follow. The boat's captain must not have the boat repaired without having obtained approval from the hire firm. In addition, the boat's captain agrees to complete and sign the accident report, and to have it countersigned by any third parties or witnesses involved. The boat's captain, whether the cause or victim of the accident, shall not claim any compensation in the event his trip is compromised. The boat's captain 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. 

TRIP CANCELLATION PLAN

This must be taken out at least 6 weeks before departure and guarantees a refund of the amounts due to LOCABOAT in application of the "reservation cancellation" article. This plan is valid only in the case of cancellation of the trip before departure in the case of one of the following events occurring after the date of reservation and which affects only those members of the crew mentioned on the "reservation slip": serious illness or accident, death of the boat's captain himself, his spouse, ascendant or descendant relatives / direct collateral, serious damage to his home, economic redundancy, professional transfer. Events stemming from intentional acts, pregnancy or abortion, giving birth and the normal aftermath, and accidents resulting from the practice of any sport professionally are always excluded. The hire firm reserves the right to require documented proof of the event that is put forth. Administrative expense (150 €) and the cost of the plan (4% of the amount of the hire) cannot be reimbursed. 

Regardless of the reason, if the hirer or boat's captain has not taken out the reservation cancellation plan, LOCABOAT will invoice the following fees: 
• More than 6 weeks before departure: 150 euros for administrative expenses 
• Between 4 and 8 weeks before departure: 30% of the hirecharge with a minimum of 150euros
• Less than 4 weeks before departure: 100% of the hire cost 
Notified by LOCABOAT 

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 captain, 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. 

EMBARKATION

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, 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 skipper 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 captain 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. 

DISEMBARKATION

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. 

USE OF THE BOAT BY THE BOAT'S CAPTAIN 

The boat's captain must comply with the rules of river navigation, and also with the instructions given by the hirefirm and by the river authorities. The boat's captain 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 captain shall refrain from exceeding the maximum number of people allowed on board. 

NON-NAVIGABILITY OF THE WATERWAY / NAVIGATION RESTRICTIONS 

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 trip impossible, the sums paid will be placed toward payment for a subsequent trip to be agreed upon by the parties. The hire firm is not bound to provide a refund. 

BREAKDOWNS

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 captain If the grounding time due to breakdown exceeds a period of twenty-four hours, the hire-firm shall refund the hirer or boat's captain, 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 captain notifies the hire-firm of the existence of the breakdown. The boat's captain shall refrain from any action of his own, not dictated by necessity or urgency. - Breakdown attributable to the boat's captain If the breakdown or immobilisation of the boat is attributable to the boat's captain, 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. 

APPLICABLE LAW

This contract is governed by the laws of the country where the service is executed and in the official language of that country. In the event of litigation, only those courts depending on LOCABOAT's head office have jurisdiction.