Our Terms and Conditions
GENERAL TERMS OF RENT
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ARTICLE 1 - PURPOSE
The lessor rents to the lessee, who accepts, under the conditions of this contract, his pleasure boat.
Type : Motor catamaran
Name : IMAGINE
Category : C
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ART 2 - PAYMENT
Payment for the rental is made in two instalments:
- 50% of the rental at the time of booking to block the date,
- The balance of 50% at the latest at the time of departure.
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ART 3 - CANCELLATION OR POSTPONEMENT
In case of bad weather :
All postponements or cancellations are decided upon as soon as a BMS or Yellow Weather Alert for the Southern Province is announced by météo nc for the day of booking. The same applies in the event of heavy rain or strong winds (30 knots) on the morning of departure.
The decision will be taken with the renter's agreement, no more than 24 hours before the scheduled rental date.
In the event of postponement being impossible, the owner may reimburse the tenant in full.
Any cancellation by the tenant within 3 weeks of the rental date will be refused. In this case, IMAGINE YACHT CHARTER will retain the 30% deposit paid in advance.
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ART 4 - TYPE OF CONTRACT
The Hirer declares that he/she is responsible for the group of people on board. He declares that he respects the maximum number of people authorized on board, i.e. 20 people during the day and 12 people at night, regardless of their age, and that he knows each person in the group.
ART 5 - Liability for passengers' personal property
The company and the skippers accept no responsibility for loss or damage to passengers' personal belongings. It is the responsibility of each passenger to check that his or her belongings are properly stowed on board. If you forget your belongings on the boat, we cannot guarantee that you will be able to return them the same day.
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ART 6 - Delay
Late arrival does not mean an extension of the schedule. The return times stated on the contract will be those respected by the skipper.
ART 7 - Complaints
Any claim relating to the service must be sent to us via the e-mail address imagineyachtcharter@gmail.com no later than 1 month after the return date, accompanied by all supporting documents.
ART 8 - Complaints
Subject to the claimant's status, any dispute shall fall within the exclusive jurisdiction of the Tribunal d'Instance de Nouméa.
ART 9 - Use of images for commercial purposes
From the moment the customer sends the images to IMAGINE or affirms in writing that he/she wishes to share the images, they may be used by Imagine Yacht Charter without compensation in any media for promotional or marketing purposes, including promotional material such as brochures, videos, slide shows, advertisements and the Internet.
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ART.10 - TERMINATION BY THE TENANT
A- The period for which the present contract has been concluded may only be modified with the agreement of the owner and insofar as he is able to do so.
B- The deposit will be retained by the owner if the lessee requests the cancellation of the contract.
C- If the boat delivered is not seaworthy, either because it lacks an essential safety element, or because it does not comply with the regulations, the lessee may terminate the present contract and obtain the return of the sums paid, without being entitled to claim compensation for damages.
ART.11 - TERMINATION BY THE LESSOR
In the event that, as a result of damage sustained during the previous rental or any other impediment beyond his control, the owner or his representative is unable to allow the lessee to enjoy the boat on the agreed date, he shall be fully entitled to return the sums paid, without the lessee being entitled to claim damages.
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ART.12 - BOAT INSURANCE AND EXCESS
A - The owner declares that he has taken out an insurance policy guaranteeing the lessee against recourse by third parties for material damage and bodily injury (civil liability).
B - The owner accepts no liability for loss or damage to the lessee's personal property.
ART.13 - TAKING CHARGE OF THE BOAT
In all cases, the lessee takes charge of the boat when the balance of the price has been paid and the security deposit paid. The lessor must provide the lessee with a seaworthy boat, equipped and insured in accordance with the laws and regulations laid down by the competent authorities for the intended category of navigation.
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ART.14- USE OF THE BOAT - LIABILITY - DAMAGE
A- The lessee undertakes to use the boat "with due care and attention" and in accordance with the regulations of the Affaires Maritimes.
D- In any event, in the event that a professional skipper is engaged for the proper operation of the boat, full and complete responsibility will not be borne by the lessee in the event of proven fault on the part of the skipper.
E- The lessee undertakes to take on board only the authorized number of persons (20 persons for the day; 12 persons if overnight at sea). The lessee undertakes to use the boat solely for pleasure sailing, to the exclusion of any commercial, professional fishing, transport, regatta or other operation. The lessee expressly discharges the owner from any liability as shipowner.
F- In the event of serious damage (hitting a reef, water ingress, fire, etc.), the lessee is obliged to notify the owner or his representative as a matter of urgency, requesting instructions. Should the lessee fail to do so, he/she may be required to pay all expenses incurred as a result of the damage.
G- Subletting or lending is strictly forbidden.
H- The lessee undertakes to respect the limits of the navigation zone permitted by the category of boat, i.e. less than 6 miles from a shelter.
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ART.15 - RETURN OF THE BOAT AND DEPOSIT
A- The lessee is obliged to return the boat to the designated port within the time agreed in the present contract. Each day's delay will entitle the owner to compensation equivalent to double the daily price of the present rental, whatever the cause of the delay. Upon return, the lessee must notify the owner or his representative of his presence and make an appointment to inspect the boat. The renter has free mooring in the port of disembarkation and for the scheduled return day. Cleaning and inspection times are an integral part of the contractual rental period.
B- The lessee is obliged to return the boat and its equipment in good working order and clean. If the boat is returned in a satisfactory condition, the deposit is returned to the lessee.
C- If the boat is not returned in a perfect state of cleanliness, cleaning costs will be charged to the lessee according to the fixed price defined in Art.1.
D- In the event of damage to the boat or any of the accessories listed in the inventory, the lessee is required to pay for the repair or replacement of the identical item. To this end, a deduction may be made from the security deposit.
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ART.16 - DISPUTES
All procedural costs arising from the present rental shall be borne by the lessee, unless otherwise decided by the court. All disputes relating to the present contract will be submitted to the jurisdiction of the lessor's head office.