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Definitions:
The terms used in these General Terms of Use shall have the following meanings:
«Rental listing»: listing posted on the platform to present an offer for boat rental(s) under the conditions set by the Renter; ;
«Review»: Comments and/or evaluations issued by a user regarding a boat. It is published following a contractual relationship between the Renter and the Lessor. ;
«Bateau»: pleasure boat for rent; ;
«CGU»: these general terms of use for the service and the platform https://www.blueboatrental.fr ;
«Onboard Manager»: A person authorized to use the rented boat and to embark any person on the boat under their responsibility and under the joint responsibility of the renter. They ensure the safety of boaters during navigation; ;
«Rental Agreement»: A contract for remuneration whereby the Lessor makes their boat available for a specified period and price. It establishes the terms of the rental agreed upon by the parties. ;
«Tenant»: refers to any user likely to rent a boat; ;
«Lessor»: Boat rental company Blue Boat Rental.
«Platform» or «the Site»: electronic communication and exchange support to allow boat reservations. It is developed by the Company and accessible via the internet at the address: https://www.blueboatrental.fr ;
«Profile»: data voluntarily provided by a user when registering on the site or during their use of the site. ;
«Company»: EURL Eric BARRET, the publisher of the Platform https://www.blueboatrental.fr ;
«User»: Platform visitor https://www.blueboatrental.fr .
Subject
These General Terms and Conditions of Use aim to determine the conditions under which any reservation of one or more Boats offered by the Lessor on the platform is made. https://www.blueboatrental.fr.
The existence of the Platform cannot be qualified as an act of canvassing, but as a distance contract.
2. User acceptance of the General Terms and Conditions of Use
Users declare that they have read the General Terms and Conditions in their entirety and accept without reservation or exception all the provisions that make up these General Terms and Conditions of Use of the service and the Platform. https://www.blueboatrental.fr. They apply without restriction to all services offered by the Company through the tool. https://www.blueboatrental.fr.
Access to and use of the platform are subject to the acceptance and compliance with the Terms and Conditions.
The General Terms and Conditions may be adapted to the needs of the service or the Users. Any modification of the General Terms and Conditions will be enforceable against all Users of the Site from the moment they are posted online.
3. Technical Access Conditions to the Platform
The User may access the Platform's services via the internet, free of charge, without exception or condition. The costs incurred by the User for access to the services (computer hardware, software, internet connection, etc.) remain their responsibility.
The unregistered occasional user on the Site cannot access services reserved for regularly registered users.
The Site undertakes to implement all means at its disposal to ensure continuous and quality access to its services. The Site's obligation to this effect is one of means. Any event resulting in a network or server malfunction cannot lead to the Company's liability. Access to the Site's services may be subject to interruption, suspension, or modification at any time without prior notice or compensation due.
Without prior notice or compensation, the Company also reserves the right to temporarily suspend access to the Platform or access to services, in particular for reasons of updates, maintenance, without this list being exhaustive.
The Company reserves the legal right to supplement or modify the Platform and the services offered at any time. The Company shall not be held liable for any inconvenience or damage that may result from the temporary unavailability of services, or from the permanent closure of all or part of the Platform or its associated services.
For information in case of restrictions on the use of the Platform, the User may contact the Company's customer service at the following email address: info@blueboatrental.fr.
4. Tenant's Rights and Obligations
The conditions for renting a boat are as follows:
– be at least 18 years old; ;
– hold the necessary pleasure craft license to operate the boat
requested destination.
- not to be under medical disqualification from navigating
– possess a valid credit card; ;
The Tenant is reminded that they are responsible for the Boat in their capacity as custodian of said property, from the moment they take possession of the Boat until its perfect return. They shall use, maintain, and care for it as a prudent person would. It is specified that only the Tenant who has validated the Boat Reservation is authorized to maneuver the Boat.
By way of exception, a person other than the Tenant may act as the person in charge if the following conditions are met:
– be at least 18 years old; ;
– hold a French pleasure craft license if required by regulations, or a license from a country that has signed an agreement with FRANCE; ;
not to be under a medical disqualification from sailing.
In addition, the Tenant undertakes to the Lessor:
– return a boat clean and without damage other than those listed in the description of the
boat or on the inventory established at the time of taking possession of the boat; ;
– respect the agreed-upon boat pickup and return times with the
Renter ;
- ensure that all persons on board are wearing a life jacket or personal flotation device; ;
– comply with all navigation laws and regulations
5. Booking Procedures
Any User may book a Boat offered for rent on the Platform.
The Lessor and the Lessee must agree on the terms of the rental prior to the conclusion of a Rental Agreement.
The Site provides Users with a pre-defined Boat Rental Agreement template.
Users are free to use this model, modify it, adapt it, or use any other regular contractual document of their choice.
Users are required to comply with contractually ratified commitments. Users may not finalize a Contract that could bind a non-signatory third party. They shall be solely liable under this Contract and cannot create any obligation enforceable against the Company, which shall remain a third party to the Contract signed between Users.
The terms of the contractual relationship are therefore freely defined between the Lessor and the Tenants. The Lessor and the Tenants thus remain free to propose, accept, or refuse a rental, without the Company being able to intervene in any way in their choice, or without its liability being sought for the performance of the contractual relationship existing solely between the Users.
The Site provides Users with a pre-defined Boat Rental Agreement template, as well as a digital version through the Platform. Users are free to use this template, modify it, adapt it, or use any other regular contractual document of their choice.
6. Securing Rental Payments
Transaction security is provided by the bank Le Crédit Lyonnais (LCL).
Users undertake to make payments due for rentals exclusively on the Company's Website, using a payment card in the Tenant's name.
Upon acceptance of a booking by the Lessor:
The Tenant is directed to a payment screen inviting them to enter their bank details, credit card number, and security code to proceed with the rental payment.
• The Tenant expressly authorizes the Company to debit their account for the full price, including Service Fees, the cost of insurance, and any penalties or other charges due under these Terms and Conditions.
7. Modification and cancellation of a rental
7.1. Conditions for Changing Lease Terms
Any modification to a reservation requested by a Tenant after payment of the reservation is subject to the Lessor's agreement. Any early termination of the rental will not entitle the Company to any refund.
7.2. Permitted Cancellation Cases for a Rental
As of the reservation settlement date, the rental may only be canceled by the Lessor or the Lessee in the following cases:
The rental can be canceled by the Renter or the Lessor in the event of unfavorable weather advisories for the entire rental period, or in the event of major natural disasters affecting the rental conditions. A copy of the special weather bulletin must be provided to the Site as justification.
• The rental may be canceled by the Lessor if they prove that the Lessee does not possess the necessary skills to take possession of the rented Boat, or if the rented Boat sustains damage that renders it unfit for navigation and which the Lessor cannot remedy before the rental.
• The Tenant may cancel the rental if, upon taking possession of the Boat, they find that it does not conform to the rental listing or that it is not seaworthy, either due to the absence of an essential safety item or because it does not comply with current Laws and Regulations. Proof will be required. After validation of this proof, the Tenant will be partially or fully reimbursed for the sums paid for the rental price.
In case of damage attributable to the tenant, no refund is possible.
The Lessor's cancellation conditions apply to all rentals within the Blue Boat rental service.
7.3. Cancellation outside of authorized cases
In case of cancellation by the Tenant without a valid reason, the following conditions apply:
• If the cancellation occurs more than 2 (TWO) weeks prior to the rental, the Renter shall owe the Lessor 50 % (FIFTY PERCENT) of the rental cost,
• If the cancellation occurs less than 2 (TWO) weeks before the rental, 100 % (ONE HUNDRED PERCENT) of the rental amount will be due.
8. Withdrawal Period
Users expressly waive any right of withdrawal when using the service and acknowledge that they are informed that this service is not subject to the right of withdrawal provided for by Article L221-28 12° of the French Consumer Code because this matching service is part of the vehicle or boat rental activity.
The exercise of the right of withdrawal is excluded for services whose performance has begun, with the consumer's agreement and express waiver of the exercise of this right.
9. Intellectual Property
9.1. Company Elements
The Site, trademarks, designs, models, images, texts, photos, logos, graphic charters, software and programs, search engines, databases, sounds, videos, domain names, design, or any other information or material presented by the Company, without this list being exhaustive, are the exclusive property of the Company or its partners and are protected by their copyrights, trademarks, patents, and any other intellectual or industrial property rights recognized under applicable laws.
Any reproduction and/or representation, in whole or in part, of any of these rights, without the express authorization of the Company, is prohibited and would constitute an infringement punishable by Articles L.335-2 and following of the Intellectual Property Code. Consequently, the User undertakes not to engage in any action or act likely to infringe directly or indirectly the intellectual property rights of the Company. The User may not under any circumstances use, print, or reformat the content of the Platform for purposes other than private or family use. The User agrees not to download, reproduce, transmit, sell, or distribute all of the elements comprising the
Platform content.
Users also acknowledge that the information and databases accessible on the Platform are the property of the Company.
These terms and conditions do not, in any way, grant the User any authorization regarding the intellectual property rights or elements belonging to the Company.
9.2. Third-Party Element
Elements belonging to third parties, such as trademarks, designs, models, images, texts, photos, logos, without this list being exhaustive, are the exclusive property of their author and are protected as such by copyright, trademark law, or any other right recognized by current legislation.
The User is prohibited from infringing, directly or indirectly, on the property rights of third parties, whose content is present on the Platform, and is prohibited from exploiting, in any way whatsoever, the names, brands, logos, software, information, databases, and all documents communicated to them, in general, in the performance of these general terms of use. The User agrees to respect all the rights of third parties, whose content is present on the Platform, and undertakes not to create any analogy in the public's mind for any purpose whatsoever.
Any illicit content must be reported by email to the Company at info@blueboatrental.fr.
Please note that anyone who presents content or an activity as unlawful for the purpose of obtaining its removal or halting its distribution, while knowing this information to be inaccurate, is punishable by one year of imprisonment and a fine of €15,000 under Article 6, I, 4° of Law 2004-575 of June 21, 2004.
10. Responsibilities
10.1. Tenant Responsibilities
From the handover of the Boat until its return, the Renter is solely responsible for all material or immaterial damages caused directly or indirectly to themselves or to third parties by the rented Boat, as well as for any deterioration, loss, partial or total destruction of the Boat, whatever the cause.
10.2. Company Responsibility
It is expressly agreed that the Company is only bound by an obligation of means with regard to service continuity. The Company shall not be liable for any breach of these terms of use by a User. The Company shall not be liable for any direct or indirect damages resulting from the use of remote services. The Company shall not be liable for the quality of the service, the service being offered «as is».
The Company shall not be liable for any disruption in the use of the online service. The Company shall not be liable for any breaches of computer security that may cause damage to Users' computer equipment and their data.
The Company cannot be held responsible for infringement of Users' rights in general.
The Company shall not be held responsible for «comments» or «reviews» made by Users.
In accordance with applicable law, the Company cannot be held civilly liable for activities or information stored at the request of Users, except in the event that it has been duly informed of the existence of illicit content and has not acted promptly to remove it.
11. Miscellaneous Provisions
11.1. General Terms and Conditions Completeness
The T&Cs constitute the entirety of the Platform's terms and conditions of use. Any other document relating to the use of the Site not published by the Company is not enforceable against the Company.
11.2. Modification of the Terms and Conditions
The Company reserves the right to review and/or modify the Terms of Use. Information will be published on the Site for this purpose.
11.3. Nullity
If any of the provisions of these Terms and Conditions are declared null or void, in accordance with an applicable law or a court decision that has become final and binding, it shall in no way result in the nullity of the entirety of the Terms and Conditions, nor shall it affect the validity of any other stipulation.
11.4. Applicable Law and Language
These Terms and Conditions are governed by and submitted to French law.
The Terms and Conditions are written in French. Any translation of the Terms and Conditions can only be for informational purposes. The Company and the Users agree that Users may bring legal proceedings before the courts of the defendant's domicile or registered office, or the courts of the place of rental, or the courts of the plaintiff's registered office or domicile at the date the damage occurred.