commercial@acm-caraibes.com+596 5 96 74 66 92

Terms and conditions of sale
Terms and conditions of use

ACM Caraïbes

Article 1 - Purpose of the contract

The purpose of this contract is to provide you with a bareboat catamaran (see Skipper option).
Signing the general terms and conditions of sale implies acceptance of the general terms and conditions of the contract.

Article 2 - Termination by the lessee

    • The period for which the present contract has been concluded may only be changed with the Owner's agreement and to the best of his ability.
    • The deposit will be retained by the Owner if the Tenant requests the cancellation of the contract, for any reason whatsoever, and at any date whatsoever.
    • The rental amount will be retained by the Owner, whether or not the lessee has used the boat during the rental period, whatever the reason for the vacancy.
    • In any event, if the Owner succeeds in re-letting the reserved boat, he will reimburse the full amount of the deposit paid, less the €80 handling fee.
    • Cancellation insurance may be taken out by the Tenant, for his or her own benefit and at his or her own expense, to cover the risks referred to in paragraphs B and C. A copy of these contracts can be sent to the Tenant on request.
    • If the boat delivered is not seaworthy, either because it lacks an essential safety element or because it does not comply with regulations, and if the Owner is unable to offer a boat of equal or superior characteristics, the Hirer may terminate the present contract and obtain the return of the sums paid and the expenses incurred, without being entitled to claim compensation for damages.

Article 3 - Termination by the owner

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 give the Hirer use of the boat on the agreed date, he will have the full right either to make available to the Hirer a boat of equivalent or greater dimensions with the same number of berths, or to refund the sums paid plus the accommodation costs incurred by the Hirer, without the Hirer being entitled to claim damages. This restitution will be made in proportion to the number of days corresponding to the deprivation of use.

Article 4 - Boat insurance and excess

  • The Owner declares that he has taken out an all-risks insurance policy covering the Hirer against: - damage to the body of the boat, its accessories and outbuildings, total theft and hijacking, partial theft and theft of the main engine. The Hirer remains his own insurer up to the amount of the deductible (deductible buyback option) - against recourse by third parties for material damage and bodily injury (civil liability).
  • Payment of the insurance premium is included in the rental price.
  • The insurance policy does not cover persons transported on the boat for any accidents they may suffer.
  • The Owner accepts no liability for any loss or damage to the Tenant's personal property, or to the Tenant and his guests. Individual insurance policies for persons transported may be taken out by the Tenant, for his or her own benefit and at his or her own expense, to cover the risks referred to in paragraphs C and D.

Article 5 - Taking charge of the boat

  • In any case, the Hirer takes charge of the boat when the balance of the price has been paid, the deposit paid and the inventory signed. The Owner or his representative must provide the Hirer with a seaworthy boat, equipped and insured in accordance with the laws and regulations issued by the competent authorities for the intended category of navigation.
  • The description of the boat and its equipment and fittings are listed on an inventory which must be given to the Hirer, together with the official documents of the vessel. The Hirer has 24 hours from the time he/she takes delivery to check that the boat and its equipment are in good condition. The Owner undertakes to provide the Charterer with a free berth in the port of embarkation on the day of departure. The signature on the acceptance form constitutes the Hirer's acknowledgement that the boat is in good working order and clean, with the exception of any hidden defects.

Article 6 - Use of the boat, liability, damage

  • The Hirer undertakes to use the boat “with due care” and in accordance with the regulations of the Maritime Affairs, Customs, Port Authorities and Police of the country visited. Minors must produce written authorization from their parents or guardians.
  • The Tenant affirms that he/she possesses the knowledge and experience necessary for the navigation he/she intends to engage in, as well as the permits required by the Maritime and Port Authorities of the country visited.
  • The Owner or his representative reserves the right to refuse to make the boat available if the skipper or crew do not appear to him to be sufficiently competent, notwithstanding the references, certificates or licenses presented, or for any other reason of which he is the sole judge. In this eventuality, the Hirer will either have to accept the costs of a professional skipper, or have his contract terminated and the sums paid refunded less the handling fee, without either party being entitled to claim damages.
  • In any event, if a professional skipper is hired to operate the boat, full responsibility for the boat and its crew remains with the Hirer.
  • The Hirer undertakes to embark only the authorized number of persons. He undertakes to use the boat only for pleasure sailing, with the exception of any commercial operation, professional fishing, transport, towing, regattas or other. The Hirer undertakes not to leave national waters without the Owner's written consent. The Tenant expressly discharges the Owner from any liability, as shipowner or otherwise, for any breach of these prohibitions and shall be solely liable to the Maritime, Port and Customs Services for any lawsuits, prosecutions, fines and confiscations incurred by him/her, even in the event of unintentional fault on his/her part. In the event of seizure of the rented boat, the Hirer shall be obliged to pay the Owner a contractual indemnity corresponding to the current rental rate. In the event of confiscation, the Hirer must reimburse the value of the boat within 8 days.
  • The Charterer is responsible for keeping the logbook, a copy of which is provided by the Owner. This is a document on which must be entered information on navigation and the report of all incidents and damage relating to the boat and navigation.
  • In the event of loss or damage during the rental period resulting from normal wear and tear of the equipment, the Tenant is authorized to take immediate action, under his own responsibility, to repair or replace the equipment, provided that the cost does not exceed 10% of the amount of the deposit paid on departure. This outlay will be reimbursed on return on presentation of the repair or replacement, provided that it does not exceed 10% of the amount of the deposit paid on departure. This disbursement will be reimbursed upon return upon presentation of the repair or replacement, provided that the amount does not exceed 10% of the amount of the deposit paid on departure. This outlay will be reimbursed on return on presentation of the invoice, if the damage or loss is not due to the fault or negligence of the Tenant or persons on board. The Tenant must consult the Owner for any repairs exceeding this amount. In the event of an excess buy-back, the Tenant must consult the Owner prior to any intervention.
  • In the event of serious damage (dismasting, water ingress, fire, etc.) the lessee is required to notify the Owner or his representative and the insurance broker as a matter of urgency, requesting instructions. Pending such instructions, the Tenant shall be required to have a damage report drawn up by a damage surveyor or any other competent port authority, in order to obtain reimbursement from the insurance company of the sums for which it is liable. The lessee shall also draw up a sea report giving an exact account of the damage. Insofar as possible, the Charterer must secure the boat to prevent any further damage. Should the Charterer fail to comply with these formalities, he may be required to pay all expenses incurred as a result of the damage.
  • Any loss of use resulting from damage occurring during the rental period will not be reimbursed, even in part, regardless of the cause of the damage, unless the damage is not attributable to the Tenant. Even in this case, a deductible of 48 hours will be applied.
  • Subletting and lending are strictly forbidden.

Article 7 - Return of the boat and deposit

  • The Hirer is obliged to return the boat to the designated port within the time agreed in this contract, unless otherwise agreed in writing. Upon return, the Hirer must refill the fuel and water tanks, report his presence to the Owner or his representative, and make an appointment for an inventory and inspection of the boat, which must first be emptied of all luggage and occupants. The Hirer has free mooring in the port of disembarkation for the scheduled return day. Cleaning and inventory times are an integral part of the contractual rental period.
  • Each day's delay will entitle the Owner to compensation equivalent to double the daily price of the present charter, whatever the cause of the delay. Bad weather cannot be invoked as a valid reason, as the skipper must take all necessary measures in good time to avoid this eventuality, particularly not to be more than 40 nautical miles from the planned return port 2 days before the end of the contract.
  • If, for any reason whatsoever, the Hirer is unable to return the boat to its designated port of return, he/she shall, at his/her own expense and risk, ensure the safekeeping of the boat and have it returned by a qualified courier after notifying the Owner or his/her representative. The rental will only end once the boat has been returned to the Owner in accordance with the above conditions.
  • The Hirer 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 security deposit is returned to the Hirer within one month of the date the boat was handed over.
  • The “Cleaning” package does not exempt the Hirer from returning the boat clean.
  • In the event of damage to or loss of either the boat or any of the accessories listed in the inventory, the Hirer is required to pay for their repair or identical replacement. To this end, a deduction from the security deposit may be made.
  • If the damage or loss is the result of a claim covered by the insurance policy referred to in article 4, reimbursement of the deposit will be deferred until the insurance company has paid the repair and/or replacement bills. Reimbursement will be made after deduction of the deductible and any incidental expenses incurred as a result of the loss (secretarial fees, telephone, travel expenses, reports, security, etc.).

Article 8 - Consumables

The following items are the responsibility of the Hirer: engine fuel, lubricants, spark plugs, cooking fuel, batteries, any harbor tolls, any repairs and, in general, all consumables required for the proper operation and maintenance of the boat during the rental period.

Article 9 - Disputes

Any disputes arising from the application of this contract may be submitted by the signatory parties to the tripartite conciliation commission, which is an offshoot of the charter management body. Should no solution be found, jurisdiction will be expressly assigned to the competent Paris courts.

Article 10 - Navigation limits

The Tenant undertakes to sail at night only with the written authorization of the Owner.

TOP