Article 1 – TERMINATION OF THE CONTRACT BY THE LESSOR

If, following damage occurring during the previous rental or an impediment beyond his control, the lessor cannot give the enjoyment of the boat, designated on the agreed date, he has the full right to make available to the lessee a unit of size equivalent or greater, the rental price will remain unchanged, only the amount of the security deposit corresponding to the unit supplied will be requested. If he cannot do so on the scheduled date of departure, the sums paid are returned without the lessee being able to claim damages or interest or any compensation.

If the lessee is not able to provide proof of skill in driving a motor boat in the coastal perimeter on the day of the rental, or to provide proof of skill of a possible captain on board to designate, or that the amount of the security deposit cannot be deposited (by credit card, check or cash), it will then be considered by the lessor that the clauses of this contract have not been respected by the lessee, and the rental will be terminated automatically. right without being able to claim any compensation, any refund and the entire rental will be due.

Article 2 – TERMINATION OF THE CONTRACT BY THE LESSEE

The rental amount remains acquired by the lessor whether or not the lessee has used the boat during the rental period, whatever the reason for this vacancy.

The period for which the contract was concluded may be moved at the request of the lessee to the extent of the possibilities of the lessor’s schedule.

If the lessee renounces the rental and terminates the contract with the lessor, the collection of cancellation fees will be made under the following conditions.

− For a cancellation request occurring within 48 hours before the departure of the rental, the full amount of the rental will be due to the lessor, for a lump sum of €600 excluding VAT.

− For a request for cancellation occurring within 7 Days (without being within 48 hours preceding the day of the rental) before the departure of the rental, only the costs will be borne by the lessor, for a lump sum of 300 € excluding VAT.

− If a cancellation request is made more than 7 days before the start of the rental, the deposit or installments paid will be refunded to the lessee, only €50 will be deducted for file maintenance costs –

Article 3 – PAYMENT MODALITY,

Book online or by phone during the boat’s availability periods:

50% deposit upon booking, by bank transfer, TPE, CB online, or cash payment.

The reservation will be considered effective upon arrival of the funds.

If the funds corresponding to the payment of the deposit were not provisioned within 48 hours, the reservation will therefore be canceled and not taken into account without claiming any prejudice.

The payment of the deposit implies acceptance of this contract even if on the date of reservation, it cannot be physically signed by the lessee,

In the event of non-compliance by the lessee with the dates and methods of payment indicated above, the contract will be considered void, without prior notice to the lessor, who will retain the sums paid as compensation.

It is specified here that in the event of lack to present the documents necessary for the establishment of the contract (identity document, license to drive the boats, etc.), or lack of possibilities to make the mandatory security deposit by any means adapted, the rental cannot be effective considering that the lessee does not satisfy the terms of the contract and the entire amount of the rental (day) will be due without being able to claim any compensation or reimbursement whatsoever.

The customer already authorizes the lessor, by this contract, to be debited from the bank card provided, the amount of the balance of the rental, the amount of the security deposit and the costs generated by any damage.

These amounts may thus be deducted either by LOST PARADISE SXM, either by ULTIMATE MOTORSPORTS SXM or by the parent entity RS GROUP.

Article 4 – TAKING CHARGE OF THE BOAT

The lessor undertakes to entrust the tenant with a boat equipped with taring in accordance with the laws and regulations in force for the intended category of navigation, and in a perfect state of operation and cleanliness, the goods of consumables carried out, the taking over of the boat by the lessee is considered done when the balance of the price has been paid, the amount of the security deposit paid, the inventory and the signed inventory.

The electronic navigation instruments brought on board to facilitate cruising are only aids to navigation. Their defect would under no circumstances release the liability of the lessee and would not give rise to any compensation.


Article 5 – INVENTORY 

The inventory, in two copies, is signed by the lessee when taking charge of the boat, each of the two parties keeping one copy.

Any breach of the inventory or existing damage to the boat according to the inventory sheet must be contradictorily and immediately noted by the lessor and the lessee and be the subject of special mentions on the inventory document.

The signing of the boat inventory and the boat condition sheet by the lessee constitutes further knowledge of the good condition and the proper functioning of the boat with the exception of hidden defects.

The lessee has 2 hours after signing this inventory to check the good condition of the boat and its equipment and report any anomalies to the lessor.

Without signature of the boat inventory and boat condition sheet by the lessee or failure to hand over the signed inventory of fixtures to the lessor constitutes acceptance of the boat in good working order and complete according to the standard inventory recorded at the lessor’s office.

In the event of a dispute, this standard inventory shall be binding.

Article 6 – TENANT’S OBLIGATION

The lessee certifies that the skipper has the knowledge necessary to perform the envisaged navigation.

He will provide on the day of the rental, his minimum coastal driving license or any equivalent. In the contrary, he cannot be appointed captain and unless the captain is replaced by a confirmed captain able to prove his ability to drive by a standard coastal license document at the very least, the reservation and the rental will be canceled and the all sums due in the same way as if the rental had been effective.

He must ensure that the boat is kept in good seaworthy condition during the period of care, as well as its routine maintenance. The lessee of the boat is responsible, under the laws and regulations on pleasure boating in the 3rd, 2nd and 1st category, for keeping the logbook throughout the duration of the charter. The on-board book provided by the lessor must include information on navigation and all incidents and damage relating to the boat and navigation.

Since the boats are fitted with a VHF radio, the lessor is responsible if, in the event of a check by the competent authorities, none of the hirer’s crew members has the required diploma in force.

The lessee undertakes to board only the number of passengers corresponding to the regulations. They undertake to use the boat only for pleasure boating within the framework of the maritime and customs legislation in force in accordance with the type of outfitting of the designated boat, excluding all commercial operations, professional fishing, transport or other.

The lessee agrees not to let the captain become under the influence of alcohol or narcotics, if necessary in the event of damage or incidents, he will bear all legal and criminal responsibilities and cover. of the insurance policy cannot be effective in accordance with the general conditions of the NAGICO contract, which implies the full financial responsibility of the lessee in these cases.

The lessee expressly releases the lessor from any liability as a shipowner or otherwise due to a breach of these prohibitions and responds alone to the maritime services, customs or any other maritime authority, lawsuits, fines and confiscations incurred by him in this respect even in the event of involuntary fault on his part.

In the event of seizure of the rented boat, the lessee is required to reimburse the value of the boat within one month, that is €75,000 excluding tax.

Subletting and lending are strictly prohibited, under penalty of legal action, all costs being the responsibility of the lessee.

The lessor reserves the right to refuse to rent the boat if the skipper or the crew do not appear to him to have sufficient skills, notwithstanding the references, marine CV and licenses presented or if the persons who must embark and the captain designated have behavioral problems, proven alcoholism or suggest the use of narcotics.

In this case, the contract will be terminated and the amount of the rental will be due in full without being able to claim any compensation.

All consumables are the lessee’s responsibility, fuel, batteries, gas, shipping costs (except the first 24 hours at the departure port), battery charging, water, etc.

The lessee is already informed that it is strictly forbidden contractually by the lessor to pass at any time whatsoever under the Simpson Bay bridge outside the opening hours of the bridge. If necessary, the lessee will bear all the financial consequences.

For rentals, the lessee will return the boat with a full tank of fuel, in the contrary, he will be charged the amount corresponding to the lack of fuel in the tank + €50 as compensation for the time and logistics necessary for the filling the tank.

Article 7 – INSURANCE

The lessee declares that he has taken out an insurance policy for the boat with the company NAGICO which covers the liability of the user for the risks of civil liability, possible damage with the exception of outboard motors, low units, propellers and related accessories. Persons transported and personal effects and objects are not insured.

The accessories and equipment are not insured in the event of damage, the lessee is therefore personally and financially responsible.

In accordance with the general conditions of our NAGICO insurance contract, the guarantee cover of our insurance policy is canceled in the event of the captain under the influence of alcohol or narcotics at the time of the events. In this case, all possible damages and legal and criminal liabilities, without limit of amount, will be the sole responsibility of the lessee.

For each claim, the lessee remains his own insurer up to the amount of the deductible stipulated in the contract.

If the lessee wishes to sail outside the coastal zones (SBH / ANG / SXM), he must request written authorization to the lessor, the additional insurance premium then being at his expense. If one or both of these conditions are not respected by the lessee, the insurance of the boat will not cover it during its use.

Finally, the lessee remains responsible for the consequences of his actions under his civil liability vis-à-vis all third parties to this contract and in particular the owner of the boat.

The lessee acknowledges that he has been informed of the possibility of subscribe additional insurance, such as the purchase of the deductible, cancellation insurance or personal assistance.

This eventual subscription does not release the lessee’s obligation to deposit the amount of the security deposit.
 

Article 8 – THE SECURITY DEPOSIT

The security deposit is paid by the lessee when taking charge of the boat.

The amount of the security deposit is fixed at a flat rate of €5,000.

The purpose of the security deposit is to guarantee damages to the rented property or any other and partial loss of objects, attributable to the lessee and/or not covered by the insurance.

The amount of the security deposit does not constitute a limit of liability opposable to the lessor, who always retains the right to seek redress for damages and consequential losses suffered according to the actual amount of the actual damages and related losses.

The security deposit is returned within a maximum of 21 Days after the return of the boat in its initial state, if necessary, it will be returned after any repair costs necessary to return the boat to perfect initial condition as at rental day.

If on return, the condition of the boat required immediate repairs or if the boat could not be re-rented and honor the reservations subsequent to this for damage caused by this lessee, it will be deducted from the security deposit, the amount of the total number days of rentals at €600 excl. tax / day and therefore the turnover lost through his exclusive fault without being able to oppose any lack of consequential liability whatsoever by the lessee.

In the event of damage to the rented property or losses not covered by the insurance (in particular low units and propellers) and attributable to the lessee or on which a doubt persists, the return of the security deposit may be deferred until the corresponding costs have been paid by the lessee.

The lessee already authorizes the lessor, by this contract, to be debited from the bank card provided, for the amount of the security deposit defined here.

This amount may thus be deducted either by LOST PARADISE SXM, either by ULTIMATE MOTORSPORTS SXM or by the parent entity RS GROUP.

Special case for bases and propellers: any damage to propellers and bases making it impossible to rent the boat for a certain period of time, the lessee will be billed for the amount of repairs including beyond the deposit received, and for all rental days lost by the duration of the repair, will be invoiced to the lessee according to a price of 600 €/day, to be deducted from the amount of the security deposit and beyond if necessary.
 

Article 9 – DAMAGES DURING RENTAL

In the event of damage during the rental, the lessee must inform the lessor as soon as possible.

The costs that he may have to incur will be refundable on his return upon presentation of a detailed invoice drawn up in the name of the rental, if the advance or the loss is not due to a fault or negligence of the lessee or persons shipped, without prejudice to any other damages and interests.

If a minor repair that does not interfere with the running of the boat is required, the lessee must return in advance of the time initially scheduled, according to the possible request of the rental and according to the extent of the problem, in order to allow the execution.

In this case the amount of the rental will be partially refunded on a pro rata basis for the hours of rental not carried out according to the request of the lessor.

Disrespect to comply with this clause will be deemed to be a breach by the lessee. In the event of serious damage or an incident motivating the intervention of the insurance, the lessee must 

notify the lessor urgently, if necessary the lessee will assume financially the consequences of his lack to inform the lessor according to the terms of this contract. (art 8).

While waiting for the instructions, he must draw up a declaration of damages in good standing which he will obligatorily submit to the lessor at the end of the care.

If the lessee does not complete these formalities and neglects to take the essential precautionary measures, he may be deprived of the insurance cover and required to pay all the expenses caused by the damage and all turnovers losses.

Article 10 – RETURN OF THE BOAT

The lessee is required to return the boat at the agreed date, time and place.

In the event that the boat is returned to another port, all the inherent costs in its repatriation to the port of departure will be due by the lessee with a minimum invoice of 150 euros.

Each day of delay entitles the lessor to compensation equivalent to double the daily price of a daily rental, whatever the cause of the delay.

Are also the responsibility of the lessee, any accommodation costs of the next lessee as well as the costs of the lessor for research, travel, telephone, etc.. In addition, in the event of force majeure preventing the return on the agreed date, the lessee must contact the lessor, and come to an agreement with him on the terms of return, bad weather cannot be invoked as a valid reason for the delay, the skipper must make arrangements to deal with this eventuality.

On the day of return, the lessee must make an appointment with the lessor for the purposes of inventory and inspection of the boat, emptied of its occupants, of their personal effects and returned to perfect order and cleanliness, the full amount of consumables completed (including the essence).

The lessee is required to return the boat, the engine and its equipment in good working order. If the boat is not returned in the state it was in at the start, the costs of cleaning and restoration are the responsibility of the lessee according to the extent of the costs.

The inventory of the return is established contradictory to that of the departure.

Article11 – DISPUTES

All costs of proceedings resulting from this rental shall be borne by the lessee responsible, unless the court decides otherwise. For any dispute relating to the execution of this contract, attribution is made, exclusively, to the court of Philipsburg – SXM.