GTC

The present General Conditions are applicable to reservations made on the site and having as their object the establishment of a relationship between a User and a Renter for the rental of a boat through the online platform developed by SAIL RIVIERA / RIVIERA Company.

Article 1 – Definitions

SAIL RIVIERA / RIVIERA Company:
SASU with a share capital of 4000 euros, registered in the RCS of La Rochelle under the number 797994472, whose registered office is located at 107 Avenue Michel Crépeau, 17000 La Rochelle, taken in the person of its legal representative in office.

Renter:
Any individual or legal entity, owner or operator of a boat or its representative, carrying out a boat rental activity on a professional basis and wishing to make a boat available to a User, through the site.

User :
Any individual or legal entity wishing to rent a boat from a Renter through the site.

Site :

www.sailriviera.com
developed by RIVIERA Company.

Services :
Connection between legal entities or individuals wishing to rent a boat and individuals wishing to rent a boat through the online platform developed by SAIL Riviera/ RIVIERA Company.

Service Fee:
Fees accruing to SAIL RIVIERA / RIVIERA Company as compensation for its services.

Article 2 – Purpose and scope of application

The present general terms and conditions of use (hereinafter the “
General Conditions
“) apply to reservations made on the site and having for object the connection between a User and a Renter for the rental of a boat.

SAIL RIVIERA / RIVIERA Company brings together a Renter seeking to rent a boat and a User seeking to rent a boat, via an online platform. As an intermediary, SAIL RIVIERA / RIVIERA Company is not a party to the rental contract, which is concluded directly between the Renter and the User.

The General Conditions do not govern the relationship between the Renter and the User, which is regulated by the rental contract.

If one of the clauses of the General Conditions is found to be null and void or abusive, the contract will remain applicable in all its provisions other than those deemed null and void or abusive, if it can survive without these clauses.

Article 3 – Acceptance of the General Conditions

The General Conditions are freely accessible from the SAIL RIVIERA / RIVIERA Company website by any Renter or User. The Hirer and the User may not use the services of SAIL RIVIERA / RIVIERA Company without having first accepted the General Conditions.

Before any reservation, the User declares to have read and accepted the General Conditions by checking the corresponding box.

Article 4 – Registration on the SAIL RIVIERA / RIVIERA Company website

4.1 Conditions of registration of a User

Registration on the SAIL RIVIERA / RIVIERA Company site as a User is free and open to any person capable of entering into a contract.

The User shall communicate his complete identity, his address and a telephone number where he can be effectively reached. The registration of the User on the site must be made under his real identity.

4.2 Exclusion

SAIL RIVIERA / RIVIERA Company reserves the right to exclude at any time and without notice any User who does not respect the present General Conditions. Any erroneous information communicated to SAIL RIVIERA / RIVIERA Company may result in the termination of access to services for the Renter or the User.

4.3 Confidentiality

The identification codes giving access to the personalized areas of the site are personal and confidential. The Renter and the User are fully responsible for the use of their confidential codes.

In the event of loss of access by a third party to these data, the Hirer and the User shall inform SAIL RIVIERA / RIVIERA Company without delay, which shall proceed to update these identification codes.

Article 5 – Operation of the Services

5.1. Ads for boats for rent

The advertisements published by the Renter indicate in particular the following information:

• Identification of the boat(s) (name of the boat / model / year / technical characteristics / equipment / options);
• The applicable rates according to the rental periods;
• The place where the boat(s) will be picked up;
• One or more visual(s) of the boat(s) which the Renter authorizes and guarantees to reproduce freely on the site.

The Hirer may freely and at any time modify, delete or complete the above information.

The User of the website has access to all the advertisements provided by the Charterer via an algorithm identifying the boats most suited to his needs. The default ranking of offers is done by the attractiveness of the ad. The classification of the ads is independent of any remuneration paid by the Renter.

The information published on the site comes from the Renter, who transmits it to SAIL RIVIERA / RIVIERA Company either directly or through a reservation software that is then synchronized with the site. In all cases, the content and veracity of this information are not the responsibility of SAIL RIVIERA / RIVIERA Company. The Renter is solely responsible for the information transmitted and undertakes to verify it regularly.

5.2 Reservation by the User

The User may send the Hirer, via the SAIL RIVIERA / RIVIERA Company platform, a request for a quote. The transmitted quotes are temporary and have a limited life span. SAIL RIVIERA / RIVIERA Company advises the User to place an option on the boat rental he/she wishes to reserve.

The reservation of the boat by the User under the conditions proposed by the Hirer is materialized by the payment, by the User via the website, of the deposit required by the Hirer. the User via the website, of the deposit required by the Boat Rental Company.

When it is expressly indicated in the advertisement, the reservation of a boat can be made directly by proceeding to the payment of the deposit, without preliminary estimate.

Regardless of the method of reservation, the User is informed that the boat rental is not guaranteed until the reservation is confirmed. SAIL RIVIERA / RIVIERA Company recommends that the User wait for confirmation of the reservation before incurring any costs related to the boat rental.

5.3 Confirmation of the reservation by the Renter

The User is informed of the confirmation of the reservation by e-mail.

When the Hirer has formalized the reservation by a written rental contract, the Hirer sends the User a draft rental contract as well as the documents necessary for the rental. Upon receipt of the rental agreement from the Renter, the User shall return it signed to the Renter by e-mail.

In case of non-confirmation of the reservation by the Hirer after a period of 4 working days, SAIL RIVIERA / RIVIERA Company will reimburse the amount of the deposit paid by the User at no cost. It is specified that no compensation or damages can be demanded from the User in case of non-confirmation of the reservation by the Renter.

5.4 Formation of the lease agreement

SAIL RIVIERA / RIVIERA Company is not a party to the rental contract, which is concluded directly between the Renter and the User.

Renter and User are solely responsible for the negotiation, formation, performance, non-performance, expiration and termination of the rental agreement between them. SAIL RIVIERA / RIVIERA Company cannot be held responsible in this regard.

Article 6 – Rental of the boat

6.1 Skipper and crew

As a matter of principle, the rentals available on the site are bareboat rentals. The Hirer reserves the right to verify the navigation skills of the User and his possible crew.

In the event that the sailing skills of the User or his crew are not deemed sufficient, or if the skipper hired by the User is not available, the Hirer may cancel the rental at the User’s expense unless the User manages to hire another skipper at his own expense.

In the event of cancellation due to lack of sufficient navigational skills, the rental will be deemed cancelled by the User and will be subject to the cancellation fees set forth in Article 7.

In the event that a skipper is hired, the User remains fully responsible for the boat and its crew during the entire rental period.

6.2 Travel documents and navigation permits

The User is solely responsible for the conformity of travel documents, passport, possible visa and vaccination certificates, as well as navigation permits, for him/herself and the persons accompanying him/her, according to the regulations of the countries visited.

Any cancellation, refusal to embark, shortening of the rental resulting from the non-conformity of travel documents, visas, vaccination certificates, navigation permits, is considered as a cancellation by the User and will give rise to the cancellation fees set out in article 7.

6.3 Checks before taking charge of the boat

The verification of the information transmitted by the Hirer and the User (identity, state and equipment of the boat, navigation skills, solvency) are the responsibility of the Hirer and the User.

The User may be required, by the rental agreement with the Hirer, to pay a security deposit before taking charge of the boat.

SAIL RIVIERA / RIVIERA Company is not responsible for any dispute concerning the security deposit or the redemption of deductibles, particularly due to damage on board or a delay in the return of the boat.

6.4 Use of the boat

Any boat rented through the site can only be used for pleasure sailing, with the exception of any commercial operation, professional fishing, transport, regattas or others, except if provided for in the rental contract in agreement with the Renter. This last hypothesis will imply special rules and obligations for this type of contract, such as particular insurance contracts, administrative procedures, etc., which the User and the Renter must imperatively respect.

The User undertakes to make reasonable use of the rented boat. In particular, the Hirer undertakes to comply with the applicable navigation and customs rules as well as the safety instructions given by the Hirer. He undertakes to ensure the routine maintenance of the boat and to keep it in good condition.

Subletting and lending the boat is strictly forbidden.

The User undertakes to embark only the number of persons authorized.

In case of serious damage (dismasting, water ingress, fire, …), the User is obliged to urgently notify the Hirer by asking for instructions. In the meantime, the User will be required to have a report drawn up in order to obtain reimbursement from the insurance company for the amounts due. Under no circumstances can SAIL RIVIERA / RIVIERA Company be held responsible for any damage that occurs or for the conditions of navigation.

Article 7- Modification and cancellation of the rental

Cancellation and modification of the rental by the Renter or the User are governed by this article. As an exception, when the Renter has formalized the reservation of the rental contract in writing and the User has returned the signed contract to the Renter, only the terms of the said rental contract and the legislation applicable to the latter shall govern the conditions of modification and cancellation of the rental.

7.1 Conditions of modification of the rental

If the User, for whatever reason, wishes to make changes to his/her reservation (boat model, date, destination, etc.), he/she must inform his/her SAIL RIVIERA / RIVIERA Company consultant.

SAIL RIVIERA / RIVIERA Company will try to find a solution that satisfies the User, in which case a handling fee of 250€ will be charged, in addition to any potential additional costs related to the modification of the reservation.

However, SAIL RIVIERA / RIVIERA Company does not guarantee that the rental can be modified. If no satisfactory solution can be found and the User finally chooses to cancel his rental, he will be subject to the cancellation conditions described below.

7.2 Conditions for cancellation of the rental

In accordance with article L. 221-28 12° of the French Consumer Code, the User is reminded that he/she has no right of withdrawal regarding the booking of the boat rental contract.

The cancellation conditions are as follows:

• The User may cancel the rental up to 90 days prior to departure, in which case a cancellation fee of 30% of the rental price will apply. These cancellation fees are retained at 20% for the Renter and at 10% of the rental price by SAIL RIVIERA / RIVIERA Company as a Service Fee.

• The User may cancel the rental up to 60 days prior to departure in which case a cancellation fee of 50% of the rental price will apply. These cancellation fees are retained at 40% for the Renter and at 10% of the rental price by SAIL RIVIERA / RIVIERA Company as a Service Fee.
• The User may cancel the rental up to 30 days prior to departure in which case a cancellation fee of 70% of the rental price will apply. These cancellation fees are retained at 60% for the Renter and at 10% of the rental price by SAIL RIVIERA / RIVIERA Company as a Service Fee.
• If the User cancels the rental within 30 days prior to departure, the rental price is retained by the Renter and the Service Fee remains due.

The Service Fee remains due by the User to SAIL RIVIERA / RIVIERA Company in the event that the Hirer decides to waive all or part of the cancellation fee (particularly in the event that the boat is rented on the same dates to another client).

It is specified that:

• The weather conditions observed during the rental period represent a hazard accepted by the User. The User declares to have been informed that the price of the rental cannot be refunded, in whole or in part, even if the weather conditions prevent navigation and force the boat to remain in port or at anchor.
• The User who refuses to take possession of the boat, or who interrupts the rental period before the end of the rental period, for any reason whatsoever, will not be entitled to any reimbursement, total or partial, either from the Hirer or from SAIL RIVIERA / RIVIERA Company, even in proportion to the days during which he/she was not on board the boat.
• In the event that the boat is not available on the dates of the rental, the Hirer undertakes to make his best efforts to offer the User a boat of similar quality. If no boat of similar quality, accepted by the User, can be found, the Hirer undertakes to reimburse the User for the amount of the rental in accordance with the conditions of the rental contract, and the applicable legislation. The User will not be entitled to any other compensation or damages and interest.

If the User and the Renter are unable to reach an agreement regarding the execution of the rental contract, and in particular in the event of cancellation of the rental by one or other of the parties, the User and/or the Renter may contact SAIL RIVIERA / RIVIERA Company in accordance with the terms and conditions set forth in Article 11 “Mediation”.

SAIL RIVIERA / RIVIERA Company undertakes to act as mediator and to make every effort to help the User and the Renter find an amicable solution to the dispute between them.

7.3 Coronavirus (COVID-19) Policy

It is reminded that SAIL RIVIERA / RIVIERA Company is an intermediary facilitating the relationship between the User and the Renter. The modification, postponement and cancellation of the boat rental contract, including due to exceptional circumstances related to the coronavirus epidemic (COVID-19), are the sole responsibility of the User and the Hirer.

Specific cancellation conditions for certain Renters may apply. It is important to verify with a SAIL RIVIERA / RIVIERA Company consultant these conditions, which may be transmitted to the User prior to his or her reservation by email, and which will be fully authentic.

Article 8 – Terms of payment

The amount of the deposit and the rental price to be paid by the User are fixed by the Renter. Failure to pay on time will result in cancellation of the contract by the customer, with retention of the contract fee.

The payment of the deposit and the rental price is made directly by the User on the Site. Payment by credit card or Paypal account or bank transfer to the SAIL RIVIERA / RIVIERA Company account is accepted.

The payment of the balance of the rental price may exceptionally be made directly to the Renter, in which case SAIL RIVIERA / RIVIERA Company cannot be held responsible for the possible insolvency of the User or the Renter.

The banking information provided by the User during an online payment is not kept by the SAIL RIVIERA / RIVIERA Company site.

All online payments are firm and final, and the User agrees not to request the return of the rental price from his banking service provider, due to a difficulty in the execution of the rental contract.

Article 9 – Insurance

The Hirer declares that he has taken out an all-risk insurance policy covering the User’s liability for the entire duration of the rental.

The insurance purchased must cover:

• All damages that may be caused to the boat, its accessories and dependencies;
• Damage losses;
• Partial or total theft of the main engine and accessories of the boat;

• The consequences of the User’s civil liability in the event of recourse by third parties (material and/or physical damage, defense and recourse, retirement costs, assistance).

The Hirer shall draw the User’s attention to the risks covered and not covered by the insurance contract he/she has taken out and to the geographical coverage of this contract. It shall also, if requested by the User, provide the User with a copy of such contract.

In particular, damage of a purely aesthetic nature (such as scratches) and those resulting from a voluntary act, notorious negligence, abandonment of the boat, failure to comply with regulations, failure to observe the rules of caution, such as going out in a storm, piloting while intoxicated or under the influence of drugs or hallucinogenic products, are not insured. The cost of repairing such damage shall be borne by the Tenant.

The User and the persons sailing on the boat have the option of taking out additional insurance with a specialized company to cover risks not covered by the insurance of the Hirer (cancellation insurance, repatriation, individual insurance for all persons transported, redemption of deductibles), in particular through the website http://www.ouest-assurances.fr/fr/.

SAIL RIVIERA / RIVIERA Company recommends that you take out this additional insurance. SAIL RIVIERA / RIVIERA Company does not directly insure any of the rentals offered through its Services.

Article 10 – Responsibilities

Beyond the precautions taken by SAIL RIVIERA / RIVIERA Company to ensure the availability and proper functioning of its site, suspensions or interruptions are always possible. SAIL RIVIERA / RIVIERA Company shall have no liability in this regard.

As a mere intermediary in the rental contract, SAIL RIVIERA / RIVIERA Company cannot be held responsible for any damage resulting directly or indirectly from the negotiation, formation, execution, non-execution, expiration and termination of the rental contract concluded between the Renter and the User.

The Renter and the User acknowledge and accept that SAIL RIVIERA / RIVIERA Company is not obliged to verify the actual solvency of the Renter or the User, nor the condition, the good working order or the aptitude for navigation of the boats offered for rent. It is the responsibility of the Renter and the User to carry out these verifications, any responsibility of SAIL RIVIERA / RIVIERA Company in this respect being expressly excluded.

Likewise, SAIL RIVIERA / RIVIERA Company shall not be held liable for any direct or indirect damages related to the behavior of the Renter or the User and to any failure on their part to comply with applicable regulations.

Finally, it is specified that SAIL RIVIERA / RIVIERA Company cannot be held responsible for the loss of personal belongings by the User during the boat rental.

Article 11 – Mediation

Upon formation of the rental agreement between the User and the Renter, any dispute that may arise regarding the performance or termination of the rental agreement shall be subject to the provisions of the rental agreement and the legislation applicable thereto.

In case of disagreement between the Hirer and the User, any complaints can be addressed by the User or the Hirer to SAIL RIVIERA / RIVIERA Company at the following address contact@rivieracompany.com

SAIL RIVIERA / RIVIERA Company undertakes to intervene as an amicable mediator and to make every effort to help the User and the Hirer to find an amicable solution to the dispute between them. The Hirer and the User undertake to transmit to SAIL RIVIERA / RIVIERA Company any document that may justify their possible claim.

Article 12 – Personal data

The personal data that Renters and Users communicate by filling out the forms available on the SAIL RIVIERA / RIVIERA Company site, namely name, first name, address, email and telephone number, are intended exclusively for SAIL RIVIERA / RIVIERA Company and are processed in accordance with the provisions of Law n°78-17 of January 6, 1978, modified by Law n°2004-801 of August 6, 2004, relating to information technology, files and freedoms (the “Information Technology and Freedoms Law”).

The collection of this data is necessary for the purpose of the activity of SAIL RIVIERA / RIVIERA Company, which transmits it to the Renter / User in order to allow them to establish a relationship.

Renters and Users have the right to access, modify and delete their data.

They may at any time send a request for information, modification or deletion of personal data concerning them to the following address contact@rivieracompany.com

Renters and Users have the right to object to the processing of their data, to request a limitation of the processing and a right to data portability.

Renters and Users have the possibility to lodge a complaint with a supervisory authority.

Article 13 – Applicable law and competent jurisdiction

The present General Conditions are subject to French law.

13.1 Dispute between the User and SAIL RIVIERA / RIVIERA Company

In the event of a dispute related to the interpretation or execution of these General Conditions, the User agrees to address his or her claims to SAIL RIVIERA / RIVIERA Company at the following address contact@rivieracompany.com

The User may file a complaint on the dispute resolution platform put online by the European Commission accessible at https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home2.show&lng=FR

The European Commission will then forward the complaints to the competent national ombudsmen.

13.2 Dispute between Renter and SAIL RIVIERA / RIVIERA Company

In the event of a claim based on the interpretation or execution of all or part of these General Conditions, SAIL RIVIERA / RIVIERA Company and the Renter concerned agree to make their best efforts to find an amicable solution to their dispute.

In the absence of an amicable agreement, the Commercial Court of La Rochelle will have sole jurisdiction to hear any dispute between the professional Hirer and SAIL RIVIERA / RIVIERA Company concerning (i) the interpretation or execution of these SAIL RIVIERA / RIVIERA Company Terms and Conditions, and/or (ii) the operation of the SAIL RIVIERA / RIVIERA Company site.

13.3 Dispute between the Hirer and the User

In the event of a dispute arising out of the interpretation or performance of the rental agreement, the applicable law and jurisdiction shall be as designated in the rental agreement.

Article 14 – Legal notice

The SAIL RIVIERA / RIVIERA Company website is the property of : RIVIERA Company, SASU, a simplified one-person company with a capital of 4,000 Euros, registered with the RCS of La Rochelle under the number 797994472, whose head office is located at 107 avenue Michel Crépeau, 17000 La Rochelle, in the person of its current legal representative.

Intracommunity VAT number :
FR 51 791 994 472

The Publication Director of the SAIL RIVIERA / RIVIERA Company site is Mr. Alan RIVIER.

Email:
contact@rivieracompany.com

The site is hosted by :
IONOS SARL, 7, place de la Gare, BP 70109, 57200 Sarreguemines Cedex.