GENERAL CONDITIONS OF RENTAL

• Private tour (Privatized charter)
• Boat Club (Bareboat)

Private Tours (Privatized Charter)

The present general conditions apply by right to the rental of the Vessel "SeaZen" (hereinafter referred to as the Vessel), property of the company SEAMAGINE ECO NAVIGATION, SAS whose head office is located at 81 Avenue des Arènes de Cimiez 06000 Nice, registered in the NICE Trade and Companies Register under the number 813 498 870 for vessels departing from Beaulieu-sur-Mer (hereinafter referred to as the Hirer), and as presented on the Internet site www. seazen.fr (hereinafter referred to as the Site) to the individual or legal entity designated on the quote (hereinafter referred to as the Client).

SEAZEN is a non-polluting and innovative e-leasing service for Vessels, accessible to the Client by Internet upon reservation online or in an agency.

Any reservation or order implies the Client's unreserved acceptance of these general conditions.

SEAMAGINE ECO NAVIGATION reserves the right to adapt or modify these general conditions at any time. In case of modification, the general terms and conditions in effect on the day of the order will be applied to each order. 

If, for any reason, one of the present clauses of the general terms and conditions should be declared inapplicable, this inapplicability would not affect the application of the other provisions of the general terms and conditions, the one judged inapplicable being then replaced by the closest possible provision.

Article 1: Services 

Any rental service of the Vessel includes, for the duration specified on the quotation drawn up by the Boat Owner, the private provision of the Vessel, according to the terms of the order form, the provision of the equipment, as described on the Website, and the services of a professional skipper. The Hirer guarantees that : 

- the Vessel is seaworthy and operational and in good condition;

- the skipper is qualified and approved by the insurers of the Vessel and the crew members are experienced, well fed and insured.

Article 2 : Placing and validation of an order

2.1 To place an order, the Client must contact the Hirer directly or use either the Website or the website of an intermediary partner. The name, first name, e-mail address and telephone number of the Client will be requested and he/she will have to choose the date and time of departure according to the availabilities displayed by the website. 

2.2 The Client agrees to keep until the end of the rental the e-mail address communicated to the Hirer. The Hirer shall not be held responsible if the Client does not consult the e-mails sent to the e-mail address provided. 

2.3 As soon as the Hirer agrees and pays online, the Hirer will receive an e-mail confirming the reservation. The present general conditions can be consulted on the Website. The confirmation email and the present general conditions form the rental contract.  The confirmation e-mail will include the rental period, the choice of rental offer and the rate proposed on the site. 

2.5 By keeping this email and printing it, the Client will have the proof of the acceptance of the order by the Hirer. The online payment will be immediately cashed by the Hirer or his partners. Any rejection of the collection will automatically cancel the order.  

2.6 Any modification of the Client's order, such as a change of dates of stay, the choice of the rental offer, a change of name in the rental contract, will be subject to the express agreement of the Hirer and to the establishment of a new confirmation email.  Changes may result in additional charges to the Client. No change can be taken into account by the Hirer less than 24 hours before the departure date. After this period or in case of disagreement on the modification fees, any request for modification will be considered as a cancellation.

2.7 Pursuant to the provisions of article L 221-28 of the consumer code, the services offered do not benefit from the right of withdrawal provided for in articles L 221-18 and following of the consumer code in terms of distance selling. Consequently, the services ordered are exclusively subject to the conditions of cancellation and modification provided for in these general conditions and the Client will not be able to invoke the right of withdrawal.

Article 3: Passengers

3.1 The minimum number of passengers is one person (age > 18 years at the date of embarkation). The maximum number of passengers is six, including at least one adult (age > 18 years at the time of boarding).

3.2 Passengers are not allowed to take on board the Vessel any flammable or dangerous materials. Such objects may be disembarked, destroyed, thrown overboard or rendered harmless at any time and in any place without compensation.

3.3 Passengers are prohibited from taking on board the Vessel any items that are prohibited from being imported or that do not comply with customs laws and regulations. The Client is responsible for all damages, losses, expenses and penalties resulting from the non-compliance with these rules.

3.4 Passengers should be very careful with their valuable items (electronic devices, telephone, camera, computer). The Hirer advises against taking valuables or large sums of cash with them and declines all responsibility in case of theft during a stopover, damage or loss.

3.5 There is no pharmacy on board the Vessel. It is the Client responsibility to bring the necessary medication for his passengers.

Article 4 : Duration

4.1 The duration of the rental of the Vessel will be specified according to the formula chosen by the Client. The reservation confirmation, sent to the Client by email, will indicate the date and time of boarding the Vessel, as well as the time of disembarkation. 

Passengers will not be allowed to enter the Vessel before the boarding time.

4.2 Embarkation means the arrival of passengers on the Vessel and not the departure of the Vessel from the port. Passengers agree to be on time on the day of boarding. The Hirer is not responsible for the means of transportation chosen by the passengers to get to the port of embarkation and back home. It is advisable to provide sufficient connection time and changeable tickets.
 In the event that a passenger is unable to embark due to a delay, there will be no compensation and the eventual catching up of the Vessel, if possible, will be entirely at the expense of the passenger concerned.
The Boat Owner shall not be liable to the Client if the departure of the Vessel is delayed due to the delay of one or more of its passengers. Disembarkation is the time at which the passengers must leave the Vessel.

4.3 No refund will be made if a passenger decides to shorten the cruise, for whatever reason.

Article 5: Prices

5.1 Prices are firm and definitive for the duration of the cruise as stated in the confirmation email.

5.2 Prices include :

- A qualified and experienced professional captain;

- Consumables for the ship; 

- Insurance of the vessel and passengers;

- Port and passenger fees

5.3 Prices are All inclusive: 

- no application fee,

- no cash on board,

- no anchorage fees or port taxes or local taxes,

- no costs for additional supplies.

5.4 The price does not include :

- Drinks and meals, 

- Transportation before and after the rental to and from the point of departure and arrival, public transportation by plane, transfer by bus or private transportation, cab, parking fees for personal vehicle. 

5.5. The sale of alcoholic beverages on board is forbidden.  

Article 6 : Terms of payment

6.1. The rental price is the current price indicated to the Client at the time of reservation. The price is left to the discretion of the Hirer, and may be subject to changes and variations over time. The prices are inclusive of all taxes. 

6.2. For Client, the transaction relating to the price of the rental is carried out by credit card (the main cards are accepted such as Visa, and Master Card).

The Client guarantees that he/she is fully entitled to use the credit card he/she is using and that he/she has sufficient funds to cover the costs of the order. IN NO CASE, THE CLIENT WILL BE RESPONSIBLE FOR THE FRAUDULENT USE OF THE CREDIT CARD. The bank charges possibly linked to the payments by bank card will remain the responsibility of the Client. These fees correspond to the possible charges levied exclusively by the Client's banking institution due to the use of his credit card.

Article 7: Use of the Vessel/Responsibility

7.1 The Client agrees that his passengers will comply with the instructions given by the professional skipper. Passengers agree to respect the safety rules and to attend the safety briefing.

7.2 It is the Client's responsibility to inform the Boat Rental Company if one or more passengers require assistance or have special requirements (including respiratory insufficiency, allergies, disability or reduced mobility requiring a cane or reinforced gangways) before finalizing the reservation, in order to ensure that the necessary measures for the provision of the requested services can be put in place, in accordance with the structures, equipment and services on board. The Client must inform the Hirer prior to the reservation of any health risk for a passenger or any situation of handicap and in this case the Hirer may require an explicit medical certificate of no contraindication and a discharge of responsibility. The Hirer reserves the right to refuse a rental if the requirements requested by the Client cannot be met due to the configuration of the Vessel or for safety reasons. The Skipper reserves the right to refuse to take a passenger on board if due to the passenger's state of health, there is a risk to the passenger. The Charterer shall not be liable for any damages resulting from the refusal of a passenger to board.

It should be noted that the Vessel is not designed to accommodate persons with reduced mobility or in wheelchairs.

7.3 The skipper is responsible for the Vessel entrusted to him/her; therefore, he/she is the sole master on board and can decide alone on the navigation route. Passengers are subject to the authority of the skipper during the cruise. The skipper may unilaterally decide to modify the initial navigation itinerary for safety reasons (operational and/or weather reasons). The Hirer excludes all responsibility if the initial itinerary could not be respected by the skipper due to weather conditions or impossible anchorages, such as but not limited to, full port or access ban measures. No claim for refund will be accepted in the case of a change of itinerary for safety reasons. The Owner cannot guarantee the comfort of the passengers in case of bad weather conditions. 

7.4 The skipper is responsible for the safety of the passengers on the Vessel; therefore he/she can decide alone to modify the navigation itinerary in order to disembark one of the passengers for health reasons. The Boat Owner is not responsible if the original itinerary could not be respected by the skipper due to the disembarkation of one of the passengers.  

In all circumstances, the Vessel may be required to assist any person or property at sea and the Boat Owner shall not be liable for any change in the itinerary due to this cause.

7.5 Unless expressly agreed by the Boat Owner, animals are not allowed on board the Vessel. The Client may be charged an additional fee if an animal is brought on board the Vessel. 

7.6 Smoking or vaping is strictly prohibited on board the Vessel, even on the outside deck of the Vessel.

7.7 Children are the sole responsibility of their parents, who must ensure that they have appropriate flotation devices for their size. The crew may not under any circumstances have a supervisory or childcare function. The Client releases the Hirer and his staff from any responsibility concerning their supervision which must be carried out in a direct and permanent way by the parents.  

7.8 The Client is responsible for the behavior of the passengers admitted on board the Vessel. If any damage or loss is found to be caused by a passenger to the Vessel or any of its equipment, the Client shall be liable to pay for its replacement or repair. 

7.9 The skipper may prohibit a passenger from using any equipment on the Vessel if he/she believes that the passenger is not capable, is at risk, behaves irresponsibly, or does not take the necessary precautions with regard to other passengers or the crew when using such equipment.   

7.10 In case of inappropriate behavior of a passenger (verbal or physical violence towards the crew, damage to equipment), the skipper will be entitled to demand the disembarkation of the passenger. The Boat Owner excludes all responsibility if a passenger is disembarked because of his/her behavior. In case of disembarkation of a passenger, at his initiative, at the skipper's initiative or at the initiative of the local authorities, for any reason whatsoever: non-conformity of travel documents, personal convenience, health, aptitude, behavior, illegal acts, etc., the Boat Owner will not be held responsible for any assistance, nor for the payment of any expenses (accommodation, repatriation, fines, legal assistance, medical, etc.). In the above cases, no refund will be given to the Client.

7.11 The embarkation of any weapon, substance or illegal material (including underwater gun, harpoon...) is strictly prohibited. Any fine or financial consequences of the non-respect of this rule, as much for the passenger as for the Hirer, will be the exclusive responsibility of the Client. The crew is obliged to immediately disembark any offender and to inform the competent authorities. 

7.12 In the event that a passenger commits an offence contrary to the laws of any country, which results in the detention, conviction, fine, imprisonment of a member of the crew or in the detention, seizure, confiscation or fine of the Vessel, the Client shall be liable to compensate the Boat Owner for any loss, damage or expense incurred as a result of such penalties and the Boat Owner shall be entitled to terminate the Hire Agreement forthwith to the sole detriment of the Client.

7.13 The Hirer is aware that any sailing may involve breakdowns and/or damage which may require the skipper to tie up the Vessel for a period of time. In such cases, the Client refund shall not exceed the pro rata temporis amount of the hire of the Vessel corresponding to the time of deprivation of use.

7.14 The Boat Owner is not responsible for any loss or damage caused in any way to the property of passengers. The Boat Owner is not responsible for any accident that may occur as a result of the practice of activities, water or land sports, practiced by the passengers during the cruise, or on land during the stopovers. In these cases, the passenger must have his own insurance. In case of accident, passenger's fault, contravention of local rules, the Hirer has no duty of assistance or repatriation, the consequences of which remain entirely the responsibility of the passenger.

7.15 The Client is advised to take out travel insurance covering all risks incurred, in particular: cancellation, repatriation, loss and theft of luggage, medical expenses, accidents, legal assistance, cancellation of airline tickets or other tickets, consequences of a delay. Any accidents occurring during the rental period will be covered by the Hirer's liability insurance only in the event of fault on his part.  If there is no fault on the part of the Client, the Client's insurance is exclusively concerned.

7.16 In all cases, in case of damage resulting from the death or bodily injury of a passenger, damage resulting from the loss of or damage to the cabin luggage or not, the Hirer is liable under the conditions and limits provided for by articles L5421-2 to L5421-10 of the Transport Code and by any applicable EC regulation and in particular regulation n°392/2009, or as soon as it is applicable by the Athens Convention relating to the Carriage of Passengers and their Luggage by Sea 1974.

7.17 The Hirer and the crew may occasionally provide information on local excursion possibilities or on various service providers. The Hirer has no control over these service providers, does not receive any remuneration from them and declines any responsibility in case of problems of any kind. The Client agrees to participate and have his passengers participate in any activities and/or excursions outside the Vessel at his own risk.  The Boat Rental Company has no intention of arranging any tours, activities or other outside of the Vessel. The Hirer accepts no responsibility for any land-based events, activities and/or excursions, particularly those outside the supervision of the crew.

7.18 For safety reasons, the Boat Owner does not accept on board kite-surfing or windsurfing (unless agreed in writing by the Boat Owner). No scuba diving, underwater hunting or fishing equipment is accepted on board. 
 

Article 8 : Insurance of the Vessel

8.1 The Owner has taken out a comprehensive insurance policy. 

8.2 The benefit of the insurance is transferred to the passengers for the duration of the rental.


The insurance covers all accidents that may occur to the Vessel and accessories excluding damage to property and personal effects of passengers and accidents that occur while a passenger is under the influence of alcohol or drugs.


8.3 A copy of the insurance contract is available to the Client. 

Article 9 : Cancellation by the Hirer

9.1 In the event that, as a result of damage to the Vessel during a previous charter, or due to exceptional weather conditions, the Hirer is unable to provide the Vessel on the agreed departure date, the charter agreement shall be automatically terminated and the Hirer shall be obliged to refund the sums paid to the Client. In any event, the compensation that the Owner may be required to pay to the Client shall not exceed the rental price of the Vessel. The parties may always agree, if they so agree, to a postponement of the rental, without compensation on either side. 

9.3 In the event that the Boat Owner is required to change the terms of the rental agreement prior to the departure date (except in cases of force majeure), the Boat Owner shall immediately inform the Client and bear all costs associated with such change. In case of a consequent modification, causing an organizational disorder for the Client (such as a change of departure date or port of departure), the Client will be able to cancel his order. 

The Hirer will then be obliged to reimburse the Client for the amounts paid. The compensation that the Hirer could pay cannot exceed, in any case, the price of the rental.

Article 10 : Force majeure

The Hirer excludes all liability for non-performance of any of his obligations due to a case of force majeure in the sense of the provisions of article 1218 of the Civil Code, i.e., related to any event beyond the Hirer's control, which could not be reasonably foreseen at the time of the conclusion of the cruise contract and whose effects cannot be avoided by appropriate measures.

The following are considered as such, without this list being restrictive: acts, events, non-events, accidents, "Acts of God beyond the reasonable control of the Charterer, including, but not limited to, riots, blockade, invasion, war, fire, explosion, sabotage, severe weather problems, pandemic, collision, grounding, governmental act or regulation, (including notice from the Ministry of Foreign Affairs of the issuing country to suspend the destination), major technical failure, serious illness, or imposing a diversion during the period of use (international maritime regulations require assistance and rescue at sea). 

The Client agrees to tolerate the necessary rescue interventions and any delay or inconvenience that may result from force majeure. In case of problems due to force majeure, the Hirer shall not be held responsible and shall have no obligation to provide a replacement vessel or accommodation, refund, repatriation, or compensation for any reason whatsoever, in particular the cost of returning from the port of disembarkation to the passengers' home.

If, due to an event of force majeure, the rental contract cannot be executed on the scheduled dates, the rental contract will be terminated by operation of law, without compensation on either side. The Hirer shall then reimburse the Client the sums paid on a pro rata basis.

Article 11: Cancellation by the Client

In case of cancellation by the Client, received by the Hirer at least 24 hours in advance the Hirer trigger a full refunding of the Client.

Article 11 : Personal data

11.1 The information related to the Client's order is subject to automated data processing. The purpose of this automated data processing is to manage and follow up on the Client's orders, to follow up on invoices, to follow up on Client relations, to send commercial information on rental and/or cruise proposals and to manage Client opinions on the service.

11.2 The person in charge of the processing is the Hirer. 

11.3 The processed data will be :

- the name, surname, e-mail address and telephone number of the Client. 

- the name and surname of any passengers registered by the Client.

11.5 The Client is informed that he/she may at any time object to the sending of commercial messages by the Hirer and/or its subcontractors by contacting the Hirer through the Website.

11.6 The Client data can only be transferred to member countries of the European Union.

11.7 In accordance with the applicable regulations, the Client has a right of access, rectification, deletion, opposition, limitation and portability on the data concerning him. The Client may also inform the Rental Firm of his post-mortem directives concerning the fate of his personal data. 

11.8 To exercise these rights, the Client must contact the Hirer through the Website. Some requests to exercise these rights (right of access) must be accompanied by a photocopy of an identity document bearing the Client signature in order to verify his identity and specify the address to which the reply should be sent. The Client also has the right to lodge a complaint with the Commission Nationale de l'Informatique et des Libertés (CNIL), notably on its website www.cnil.fr.   

Article 12 : Transfer

The rental contract may be transferred to a transferee who meets the same conditions as the Client as long as the rental contract has not come into effect. The Client must inform the Hirer of this by any means allowing for an acknowledgement of receipt at the latest 15 days before the start of the trip. 

Article 13 : Prior complaint and mediation

13.1 These general conditions are subject to French law. 

13.2 The Client must address any complaint concerning the execution or interpretation of these general conditions, using the contact form on the Site.

13.3 In case of dispute, the Client may resort to the conventional mediation procedure or to any other alternative dispute resolution method under the conditions of article 1528 and following of the Code of Civil Procedure.

In accordance with articles L 612-1 and L 616-1 of the French Consumer Code, the Client may freely resort to the MEDICYS mediation service, by electronic means medicys-consommation.fr or by postal means MEDICYS, 73 boulevard de Clichy, 75009 Paris for all claims related to a service which occurred during the last 12 months and which have already been the subject of an appeal to the Hirer.

This seizure will only be possible for the Client if the dispute has not been previously examined or is not in the process of being examined by another mediator or by a court and if the Client is not a professional.

Article 14 – LANGUAGE, LITIGATION AND APPLICABLE LAW TO THE CONTRACT

Should this document be translated into other languages, only the original French version shall prevail and same translations shall be deemed to be for information purposes only.

This contract is governed by French law, the courts of the High Court of Nice will be competent.

Done in NICE, on April 26, 2023

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Boat Club (Bareboat)

SEAMAGINE acting on its own behalf or on behalf of the ship owner leases to the identified customer in the rental form, the boat identified in this form. This lease is agreed to these terms that the customer accepts and agrees to comply.

ARTICLE 1 - CLIENT INFORMATION AND CONDITIONS FOR BOOKING AND CANCELLATION

1-1 - Client Information and reservation The Client agrees that the Renter has satisfied its reporting obligations, as set out in Articles L. 111-1 and L. 113-3 of the Consumer Code, as to the essential characteristics the boat, in view of skills declared by the Client in respect of the crew for coming on board and the type of planned navigation.1-2 - Termination by the Client The period for which the contract was concluded can’t be changed unless with the consent of the Renter and within the extent of its possibilities. Free cancellation, up to 24 hours in advance, beyond all the amounts paid by the tenant will remain acquired to the lessor. 1-3 - Termination of the contract by the Renter If, as a result of damage sustained during the previous location, or an impediment beyond its control or due to adverse weather conditions judged only by the Renter, the Renter could not allow the use of the rented boat on time, he will be required to return the Client sums paid, any compensation for costs and damages being excluded by agreement.

ARTICLE 2 - HANDOVER OF THE BOAT

2-1 - The handover of the boat by the Client is effective when the balance of the agreed price has been paid, the deposit made and the inventory accepted and signed or online registered. On the boat handover, the Client will be given by the Renter mandatory nautical documents: certificate of registry; the Owner’s manual and a copy of the general and special conditions of insurance. The Client will keep a copy of the rental agreement he agrees to submit to any request from the public authorities. In the case of online booking, the same documents are exchanged under their dematerialized (PDF) format.2-2 - The Renter must deliver to the Client a boat in perfect navigation conditions, armed and equipped in accordance with the navigation category defined when establishing the contract. The Client acknowledges that the equipment is in perfect condition and that the boat and its equipment and weapons are well reported in the inventory that has been delivered. The boat handover is recognition by the Client of his perfect information, good working condition and cleanliness of the boat, except hidden defects. The inventory will describe the boat and its equipment elements. In addition, the Renter will provide the Client with all necessary explanations and essential for the functioning of devices and equipment of the boat.2-3 - The signing of this on line inventory will prohibit the Client to later claim a non-compliance with the requirements and provisions of the contract as well as a board failure in the functioning of the boat, given the proposed navigation program. Any unsigned check in inventory not signed and not delivered to the Renter, or not registered through the online form prior to departure will be considered complete. Any claim not made before the start will be inadmissible.2-4 - The Client smartphone in working condition allows him to communicate offshore with the Renter and consult e-documentation in the case of an e-Reservation. He will ensure to have his device charged with possibly its power cord. A USB power plug provided on board allows its possible recharge.

ARTICLE 3 - PROHIBITION OF RENT OR SUBLETTING

Sublease, rent or changing the skipper taken by another person than the one stated in the special conditions is prohibited unless express written consent of the Renter.

ARTICLE 4 - SKIPPER

4-1 - The Client must have the technical skills required to navigate within optimum security conditions on the rented boat. If the Client is not the skipper, it undertakes that the person performing this function and whose identification information are specified in the special conditions, has the knowledge of the practice of the sea and boating that enable him to assume the responsibility of a pleasure boat.4-2 - The Client agrees to ensure that navigation is adapted in terms of weather conditions and the crew's performance given its navigation program.4-3 - The Client agrees to meet any request of the Renter in respect of its powers, notwithstanding the titles, licenses or certificates which he could state. For all practical purposes, it is expressly stipulated that in no case the Renter can be held responsible for boating errors, blunders and imprudence, from the Renter, his skipper or his crewmen. If the Renter or the skipper lacked the qualifications and did not offer the ability to take charge of the boat, the contract will be automatically terminated with exclusive fault of the Client.4-4 - The Renter reserves the right to refuse the provision of the boat the day of taking possession, if the skipper and the crew do not appear to present sufficient aptitude, which he is the sole judge, notwithstanding references, certificates or titles presented. In case the Renter would assert its right of refusal provision, the Client can see the contract terminated without any money paid will be refunded and without one or other of the parties can claim damages.

ARTICLE 5 - OBLIGATIONS OF CLIENT REGARDING THE USE OF BOAT

5-1 - The Client agrees to use the boat in accordance with the regulations of Maritime Affairs, Customs, police, and more generally to comply with all applicable laws and regulations both in France in the countries visited. The boat will be used only for boating, for personal use, as defined in the decree 84-610 as amended by Decree No. 2005-185.5-2 - The Client will meet alone, against authorities whatsoever, prosecution, fines and forfeitures. In case of seizure of the rented boat, without confiscation, the Client will be required to pay the Renter a contractual capital allowance corresponding to the rental rate in force increased by 30%.5-3 - In case of confiscation of the boat, the boat's Client must repay the value of the boat to its new value, within 8 days after the notice is made against him. Only the payment of the sum corresponding to the value of the boat will stop the payment of capital allowance provided for in the preceding paragraph of this article.

ARTICLE 6 - INSURANCE

6-1 - The Renter has purchased a multi-risk insurance policy guaranteeing the Client during the term of the lease against the following risks regarding the boat: - Losses from damages and damages to the insured boat with the exception of propellers, total or partial theft of the boat - civil liability, defense and recourse.6-2 - The Renter draws focus of the Client to the fact that some risks are not covered by the insurance of the boat and, as such, he holds at the disposal of the Client, if he so requests, photocopy of a police extract exposing the object and scope of insurance.6-3 - The exclusions or limitations of the insurance policy will be fully enforceable, including with regard to the lack of individual warranty. Thus, besides what is specifically stated in the insurance contract, failure to boating license, non-compliance with public safety rules on board or navigation regulation, navigating under the influences of alcohol or illicit substances or medicinal drugs, use of the professional title to boat or against compensation in any form whatsoever or use outside the capabilities of the boat or geographical limitations in the insurance contract or lease, are constitutive warranty exclusion, both, as regards the damage of the leased boat and as respect of civil responsibility of the Client. Under general insurance matters, ie damage to the boat or accessories, allowances for obsolescence will be binding to the Client within le limits of the amount of the warranty deposit. The Client remains responsible up to the amount of the deductible, as stated in the special conditions.

ARTICLE 7 - DAMAGE

7-1 Damage not preventing navigation. If a repair, not impeding the smooth operation of the boat would be required, the Client will be required to inform without delay the Renter. If the origin of the disorder is due to misuse of the boat by the Client or a person on board, the non-observance of this rule will be considered as a delay equivalent to the time required for his rehabilitation and will lead to a debit on the deposit based on the price during the reported period.7-2 In case of serious damage. In case of serious damage, (leak, fire) the Client is required to take all appropriate measures to preserve at best the crew and the boat and its accessories or dependencies and notify to the Renter and or insurer as soon as possible to request his instructions. If the Client does not fulfil those requirements, it may be required to keep bear of all expenses incurred loss or damage. Costs incurred by the Client will be refundable upon return on presentation of the invoice, if the damage is not due to his fault or negligence or that of a person on board. Loss of use because of damage can not give rise to compensation or a discount on the price paid. If the Client does not fulfil those requirements, it may be required to keep bear all expenses incurred loss or damage.7-3 Assistance and towing The Client is prohibited from towing any third party, except in cases of assistance that he will if necessary justify. In such cases, the Client transfers to the Renter the benefit of maritime assistance claim. Otherwise, he agrees to assume all legal and financial consequences that could arise from this practice, in addition to the disclaimers enforceable under the insurance policy. If as a result of damage, the Client had to be led to use the services of an assistant or a tug, he first shall make every effort to take his instructions with the Renter and seek its agreement. Otherwise, if circumstances do not collect such an agreement, the Client will primarily use the emergency number 196 operated by CROSS Mediterranean and request the intervention of the SNSM. In any event, the towage contract shall be contracted leaving to the tug the responsibility for operations, including in a port area.

ARTICLE 8 – BOAT RETURN

8-1 Good condition and cleanliness. The Client must return to port within the deadlines agreed in the contract. The boat must be left in good condition and clean. An inventory of return will be made by the Renter. Inventories will be made no later than 1 business day after the return. The Client must report in writing any incidents or anomalies that may have occurred. If the restitution condition is satisfactory, the deposit will be returned to the Client at the latest within a period of one month from the date of delivery of the boat. If the return status is not satisfactory, that is to say that the boat is not perfectly clean, the cleaning costs will be borne by the Client.8-2 - Deterioration. If damage or loss, as the boat than any accessory and in the inventory is established, the Client is required to pay the repair or replacement in. For this purpose, a sample of the deposit will be made. For damage or loss that may be supported by insurance, the deposit will be retained until settlement by the insurance company. The refund will be made after deduction of the amounts applicable to the insurance deductible and any charges and accessories might have led to disaster (phone, administrative monitoring and technical findings, legal fees and bailiffs).8-3 restitution delay If for some reason the boat could be or was not returned to the date and time agreed, the Client must immediately inform the Renter who will give his instructions. Any day or hour started will be considered day / time full delay. Any day and hour of delay will be charged. Being specified that only the force majeure or due to a third party, provided that it constitutes a case of force majeure exempts the Client of the obligation of result. In this regard, the Client declares informed as bad weather or sea conditions are not enforceable as force majeure any skipper being supposed to manage its navigation based on weather forecasts. The abandonment of the boat in a port other than the one provided in the contract for its return results in the payment by the Client of the return costs added to delay payments as described above. Rental and compensation due to delay will only end with the return of the boat to the terms of the contract.8-4 Deposit After comparison of the check in inventory and that of check out, the deposit will be refunded provided that no damage has been detected, or no cleaning has been needed. The deposit will be returned at the latest within one month of restitution. Otherwise, the deposit collected by the Renter, will be deducted from the cost of cleaning, repair or replacement for the uninsured portion of the loss or damage, including the deductible contained in the special conditions.

Article 9 – LANGUAGE, LITIGATION AND APPLICABLE LAW TO THE CONTRACT

Should this document be translated into other languages, only the original French version shall prevail and same translations shall be deemed to be for information purposes only.

This contract is governed by French law, the courts of the High Court of Nice will be competent.

BOAT RENTAL AGREEMENT

It was agreed between the following:

SEAMAGINE ECO NAVIGATION, French “société par actions simplifiée” with capital of 7,500 Euros, registered in the register of commerce at Nice under number 813 498 970, having its registered office 81 Av Arènes de Cimiez, 06000 Nice; operating under the trademark Seazen

And:

Type of ship: PolyCreatis                                         Ship name: SunSeaRider Suncy 19

Registered for:    8     Persons and 560 kg category D (max 4 Beaufort and 0.5 meter waves) 

Extra charges: 

• 100 € TTC Inspect float following a GPS alert
• 100 € TTC Charge on electric net if battery charge <95% or voltage <28,5 V
•   50 € TTC Boat left in a state described as "Must wash"
• 150 € TTC Charge due to management of damages or robbery
• Online banking card fees (% depending on the bank)

Warranty deposit: € 800 (first outing level 1) € 400 (level 2 and more)

Client's signature:                               Renter or it’s representative signature:

Having read and approved the terms and conditions hereafter

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