Canal Boating - Locaboat General Conditions

Competence

The master of the boat must be an adult, and is responsible for the equipment placed in his care. You must show proof of identity on embarkation.

The hire-firm reserves the right to refuse to allow any hirer to take charge of a boat, who would not be capable of undertaking responsibility for it. In such an event a refund will be offered of the charge for the period, excluding any indemnity of whatever kind.

Deposit in Guarantee

A security deposit must be paid in cash, by cheque on a French bank, Eurocheques or visa card on the day of departure before embarkation. This deposit will be refunded at the end of the trip, provided that the boat and its equipment are brought back in good condition, and undamaged, at the times and places agreed. This deposit represents the amount of the insurance "excess" in the event of an accident and also serves as cover for the expenses incurred due to breakage of the equipment or poor care of the boat during the trip.

A formula for an accidental damage waiver will be proposed to you at your departure base.

Cancellation of the Trip

- Notified by Hirer

If you are compelled to cancel your reservation, please send written notification immediately to LOCABOAT HOLIDAYS or their agent.

The expenses withheld, for a reason other than those stipulated in the clause concerning the trip cancellation plan, will be the following:

- More than 6 weeks before departure: 150 Euros for administrative expenses.

- Between 4 and 6 weeks before departure: 20% of the hire-charge + trip cancellation plan, if taken out.

- Less then 4 weeks before departure: 100% of the hire-charge + trip-cancellation plan if taken out. These expenses may be refunded if it was possible to re-hire the boat during the period in question.

Administrative expenses and cancellation plan are excluded from the refund.

Trip-Cancellation Plan

This is to guarantee the insured the repayment of the cancellation expenses which he will have to pay Locaboat Plaisance, in accordance with the cancellation conditions. This plan is valid if you cancel your period of hire BEFORE DEPARTURE for one of the following reasons: Serious illness, serious accident, death of yourself, of your ascendant or descendant relatives. Serious damage to your home, economic redundancy, professional transfer. This cancellation-plan extends to all members of the crew mentioned on the reservation slip. IN THE EVENT OF CANCELLATION, the expenses amount to 150 Euros + the cost of the plan.

Insurance

Insurance covering accidental damage to the boat as well as third party risk arising from the hire is included in the hire price. In the event of any claim, an excess is payable by the hirer. This insurance does not cover hirers, their personal effects or any third party risk not arising from the hire. Claimes for breakages and problems arising from improper upkeep of the boat are not vcovered and remain the responsibility of the hirer. The excess amount on any claim which remains the hirer’s responsibility is the amount covered by the damage deposit.

Accident

The hirer must notify the hire-firm of any accident, immediately by telephone. The latter will give the course to be followed and will refrain from any notion not dictated by urgency. The client agrees to complete the accident report contained in the boat’s documents and to have it countersigned by any thrid parties involved. The hirer, whether cause or victim of the accident may not claim any indemnity in the event of his craft being implicated in it.

Embarkation

The boat will be placed at the disposal of the hirer after the following formalities have been fulfilled: payment of the guarantee-deposit, inventory of the equipment on board. The hirer may legitimately refuse the boat offered him if it does not correspond to that offered in the contractul document; 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. The place of embarkation may be a different base in the event of close-down, of flood or any other occurrence which renders it impossible to emabrk from the place contractually agreed.

Disembarkation

The boat must be returned to the place, on the date, and at the time established by contract, other than for unforseeable 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, the inventory of of contents drawn up on departure serving as evidence, if necessary. The hire-firm reserves the right to have the hirer refund all expenses involved by a late return or the abandonment of the boat during the cruise.

Boat description

Plans and descriptions of the boats are standardised. There may however be minor regional variations.

Use of the boat by the hirer

The hirer must conform to the rules of river navigation, and also to the instructions given by the hire-firm and by the river authorities. The client 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.

Non-navigability of the waterway

In the event of flood, low water level, restriction of the area (due to floods or drought), or of damage to the waterway, or of any other circumstances rendering navigation impossible or difficult, the hire-firm may, strictly in accordance with the constraints brought about by these circumstamces, alter the places and the dates or departure of the boat. If these same events render the trip impossible, the sums paid by the hirer may be placed towards payment of a subsequent trip, according to the availabilities of the hire-firm.

These provisions apply when these same events occur during the trip and when the time of grounding is greater than forty-eight hours.

Breakdowns

Assistance in the event of breakdown is included in the hire-charge, and the hire-firm undertake to provide this as quickly as possible, fairly and within the rules of conduct of business.

Breakdowns not attributable to the hirer

If the grounding time due to breakdown exceeds a period of twenty-four hours, the hire-firm shall refund the hirer the sums paid by him, prorata of the unexpired hire-time. The duration of the grounding is deducted as from the time when the hirer notifies the hire-firm of the existence of the breakdown. The hirer shall refrain from any action of his own, not dictated by necessity or urgency.

Breakdown attributable to hirer

If it is duly ascertained that the breakdown or immobilisation of the boat is attributable to the hirer, the latter has no right whatsoever to any indemnation for deprivation of enjoyment of the hire. The hire-firm may retain the amounts paid as guarantee-deposit in accordance with the expenses incurred in the repairs.

Equipment of the boats/personal effects

The hirer undertakes to advise the hire-firm of any equipment lost, broken, stolen or damaged and may be held liable to refund it. The hire-firm is not responsible for loss or damage caused in any way whatsoever to effects belonging to the hirer.

Pets

Pets are welcome on board. However, a fixed sum of 24 Euros (inclusive of tax) shall be paid at the departure base, on the day of departure, to cover the additional expense of cleaning, regularly caused by the presence of an animal on the boat.

One-way trip - from one mooring base to the other

Even when accepted by the hire-firm, this service is not guaranteed due to the hazard which may affect its operation. The hire-firm may therefore, for legitimate reason and by means of a refund of the extra expense caused by a single run, impose a return trip on any hirer who has wished to do the single trip. It is essential to contact the departure base 48 hours before embarkation, for confirmation.

The present hiring conditions are in accordance with the waterways tourism charter binding the professionals and the consumer organisations of the Yonne. In the event of litigation, all proceedings shall be within the exclusive domain of the courts of Joigny (France).

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