Terms and Conditions of Sale

1) Application of the terms and conditions

The Lessor is defined below as Sunseat Boat, a company whose registered office is situated at the following address : 

286 Cheminde Provence – 06250 MOUGINS

This company is registered with the Cannes Trade and Companies Register under number 994 028 223.

The Tenant is defined below as the person who has signed and accepted these general terms and conditions of tenancy. Theyacknowledge that they have the legal capacity to enter into a contract under the terms set out below, that is to say, that they have reached the age of majority and are not under guardianship or trusteeship. The Tenant acknowledges that they have read these general terms and conditions before placing an order.

These terms and conditions may be amended at any time and without prior notice by Sunsea Boat, and shall apply to all subsequent orders.

2) Permitted use - Intended use - Prohibitions

The vessel is hired for recreational use only, excluding any activity prohibited by regulations or by the insurance policy. In particular, the Hirer shall refrain from :

  • any subletting, lending, making the property available to an undeclared third party, or assignment of the contract;
  • any use for public passenger transport, commercial transport, commercial towing, maritime trade, commercial fishing or unlawful activities;
  • any use that does not comply with the terms of the insurance, the vessel’s technical limitations or the Lessor’s instructions;
  • any participation in an unauthorised race, competition, bet, speed trial, regatta or test;
  • any overloading or boarding in excess of the maximum permitted number;
  • any sailing whilst under the influence of alcohol, drugs or substances that impair alertness;
  • any towing (buoy, water skiing, wakeboarding, or other) without the Lessor’s express written authorisation;
  • any anchoring, disembarkation or berthing in a prohibited, dangerous or restricted area;
  • any use that contravenes safety regulations, port authority regulations, environmental protection regulations or local by-laws.

Any breach of these provisions may result in the immediate termination of the tenancy, without refund, at the Tenant’s sole liability, without prejudice to any claim for damages.

3) Navigation area – Restrictions

  • Navigation is restricted to a maximum of 6 miles from a place of refuge, subject to the following:
  • the vessel’s specific limitations,
  • restrictions imposed by regulations,
  • any restrictions imposed by the insurance policy,
  • the hire company’s instructions,
  • actual weather conditions,
  • the restrictions shown on the nautical chart and in the appendices provided to the Tenant.

Unless otherwise authorised in writing, the usual authorised areas are limited to the sector specified during the briefing, including, in particular, areas consistent with the nautical charts provided and any local restrictions in force.

The Tenant undertakes to comply strictly with the following:

  • the 300-metre coastal strip;
  • the marked approach and exit channels to ports and beaches;
  • temporary or permanent restrictions (water sports events, fireworks, prefectural orders, bathing areas, protected areas, etc.);
  • environmental regulations, in particular the ban on damaging Posidonia seagrass beds or dumping waste or oil at sea.

Anchoring is permitted only where seabed conditions, weather, traffic and regulations allow. The Hirer remains solely responsible for the choice of anchorage, securing the vessel, the length of the anchor chain, monitoring the waters and ensuring compliance with restricted areas.

Any sailing outside the authorised area or in breach of the Lessor’s instructions constitutes a serious breach.

4) Financial terms

4.1) Price

Delivery of the vessel is conditional upon full payment of the purchase price, the deposit and, where applicable, any options taken out.

4.2) Bond

Before departure, the Tenant shall pay a security deposit by credit card only, either by card imprint, pre-authorisation or direct debit, depending on the technical facilities available. The security deposit covers, in particular, but is not limited to:

  • any insurance excess;
  • property damage, loss, breakage, damage or disappearance of equipment;
  • the fuel due;
  • abnormal cleaning;
  • late payment charges;
  • the costs of intervention, assistance, towing, recovery or security incurred by the Tenant;
  • administrative costs;
  • fines, penalties, charges, summonses or daily penalty payments for which the Tenant is liable;
  • the vessel’s immobilisation and the loss of business attributable to the Lessee.

The amount of the deposit varies for each boat.

The security deposit does not constitute a lump sum, an exclusive contractual excess, or a cap on the Tenant’s liability. The Tenant remains liable for the full amount due should the loss suffered by the Landlord exceed the amount of the security deposit.

It should also be noted that, in the event of property damage, the insurer may apply either the excess specified in the insurance policy or the amount of the security deposit stipulated in the rental agreement, whichever is higher; these amounts may never be less than the minimum specified in the applicable policy.

4.3) Debit authorisation

The Hirer expressly and irrevocably authorises the Lessor to charge their card for all sums due under this contract, upon presentation of the relevant supporting documents: inventory of fixtures, photographs, report, quotation, invoice, technical report, statement of findings, proof of insurance, and proof of late payment or fuel costs.

5) Fuel policy

For boats that do not require a licence, fuel is included in the hire price, subject to normal and reasonable use of the vessel. Any abnormal fuel consumption resulting, in particular, from a failure to follow instructions, drifting, unjustified prolonged use of the engine, a clear error, running out of fuel or misuse may be charged to the Hirer.

For self-drive boats and skippered boats, fuel is charged according to consumption at a rate of €2.50 (including VAT) per litre, unless otherwise stated or agreed in writing. The reading is taken using whatever means are available: a dipstick, a refuelling, a fuel bill, a cross-check, an on-board system or any other reliable method of assessment. Any costs arising from using the wrong fuel, running out of fuel, pollution, stalling, engine damage or misuse shall be borne in full by the Hirer.

6) Options and additional services

Any equipment provided (Seabob, paddleboard, etc.) must be returned in exactly the same condition as when it was collected. The Hirer will be charged for any breakage, loss, submersion, theft, impact, improper use or disappearance at the cost of repair or replacement, plus any downtime and administration costs where applicable.

Water sports and the use of equipment remain the sole responsibility of the Hirer and the users. The Lessor does not provide any specific supervision of swimming, snorkelling, stand-up paddleboarding or other leisure activities, unless otherwise agreed.

7) Reception – Briefing – Contractual documents

The vessel will only be taken into custody once:

  1. payment of the full price
  2. payment of the deposit;
  3. verification of the identity of the Tenant and the designated driver;
  4. presentation, where applicable, of the required certificates or licences;
  5. signing of the tenancy agreement, the condition report and the inventory;
  6. conducting the safety briefing and induction session.

The Lessor shall provide or make available to the Lessee the necessary items:

  • inventory and condition report,
  • instructions for use,
  • safety rules,
  • navigation zones and limits,
  • emergency response guide,
  • required ship’s documents.

The Hirer acknowledges that they have received all necessary explanations regarding the operation of the vessel, the safety rules and the limitations on its use. Signing the handover documents constitutes acknowledgement of the apparent condition of the vessel, its equipment, its cleanliness and the adequacy of the

explanations provided.

The Lessor reserves the right to refuse to hand over the vessel, without allowing it to sail and without providing an immediate refund other than in accordance with its contractual policy, if the Lessee, the designated pilot or the crew appear unfit, insufficiently competent, aggressive, reckless or under the influence.

8) Condition report – Inventory

A joint inventory is drawn up at the start and at the end of the tenancy, accompanied, where possible, by time-stamped photographs.

The review will focus in particular on:

  • hull, visible above-water and below-water sections,
  • propeller, mounting bracket, engine, controls, deck
  • fenders, if any,
  • upholstery, sun loungers, awnings, table, ladder, equipment
  • electronics and instruments,
  • security equipment,
  • accessories and options.

The Charterer shall have such time as is reasonably necessary upon departure to report any apparent defects. In the absence of an immediate written complaint, the vessel shall be deemed to have been delivered in good apparent condition, clean, complete and in accordance with the terms of the charter.

If it is not possible to carry out a joint inspection on the tenant’s return due to the tenant’s actions (returning outside of opening hours, absence, refusal, abandonment, or special circumstances), the landlord may carry out the return inspection alone, and this inspection shall be deemed valid until proven otherwise.

9) Tenant’s Obligations – Safety – Behaviour

The Tenant undertakes, throughout the term of the tenancy, to:

  • to operate the vessel as a prudent and diligent seafarer;
  • comply with maritime, port, customs and environmental regulations, as well as local by-laws;
  • only allow a competent and authorised person to operate the tiller;
  • to wear and ensure that others wear safety equipment where necessary;
  • use the circuit breaker in accordance with the instructions;
  • switch off the engine when a person is in the water near the vessel;
  • ensure the stability of the vessel, the even distribution of passengers and that they remain seated whilst underway;
  • monitor the weather, wind, swell, anchorage, traffic and changing conditions;
  • to protect the vessel against any damage, theft, attempted theft, improper mooring, grounding, abrasion, impact or vandalism;
  • to lock, secure and safeguard the vessel during port calls or when unattended;
  • keep all the required documents on board;
  • immediately inform the Lessor of any incident, irregularity, damage, breakdown, concern or accident.

The Tenant shall be liable for their own negligence, as well as that of their guests, passengers, children, pets, service providers, authorised or unauthorised users, and, more generally, any person who has boarded the vehicle with their express or implied consent.

10) Special arrangements where a self-employed skipper is involved

Where the booking includes an independent skipper, it is expressly agreed that:

  • The skipper is neither an employee nor an agent of SUNSEA BOAT, unless otherwise specified in writing;
  • he is chosen, imposed or accepted due to the vessel’s operational, safety or insurance requirements;
  • his remuneration is paid directly by the client;
  • the agreement between the client and the skipper is separate from this charter contract;
  • The presence of a skipper does not relieve the Hirer of their obligations regarding respect for the vessel, passengers, timetables, payment, contractual restrictions and any damage caused by their passengers, luggage, belongings, equipment or behaviour.

The Hirer acknowledges that any disagreement, failure to perform or dispute with the independent skipper does not, in itself, entitle the Hirer to suspend payment due to the Lessor, unless the Lessor is directly at fault.

In the event of negligence on the part of the skipper, liability shall be assessed in accordance with the rules of ordinary law, the applicable contracts and the insurance policies taken out, without this contract being interpreted as creating a relationship of subordination between the Lessor and the independent skipper.

Where the services of an independent skipper are to be used, the Hirer undertakes to ensure that the following conditions are met before departure and throughout the duration of the hire:

  • the skipper is hired directly by the Hirer under a separate contract or a distinct contractual arrangement;
  • the skipper holds the necessary qualifications, licences and authorisations for the chartered vessel and the intended voyage;
  • the skipper must hold a valid certificate of personal professional liability insurance;
  • A copy of the skipper’s professional certificate and professional liability insurance certificate may be required before the vessel is handed over;
  • If such supporting documents are not provided, the Lessor may refuse to make the vessel available without being held liable.
The Hirer also acknowledges that, in the event of an incident involving an independent skipper, the following documents may be required for insurance purposes: the contract between the Hirer and the skipper, a written and signed statement detailing the circumstances of the incident, the skipper’s licence, and proof of professional liability insurance.

11) Insurance – Excess – Exclusions

The Lessee acknowledges that they have been informed that the vessels operated by the Lessor are covered by policies taken out with AXA, the precise cover, limits, excesses, exclusions, forfeitures and conditions of application of which depend on the specific terms and conditions applicable to each vessel and/or

activity.

The Tenant acknowledges, in particular, that:

  • third-party liability, legal defence, recourse and, depending on the relevant policies, recovery costs are included in the cover taken out;
  • The Lessor’s professional indemnity insurance includes, in particular, high cover limits, with excesses that vary depending on the nature of the damage;
  • According to the documents provided, the professional liability cover declared applies to damage occurring in France;
  • Certain cover is subject to strict conditions relating to charter, the driver’s qualifications, the appointment of a skipper, and the compliance of the boat and its use.

The Lessee also acknowledges that, according to the insurance documents provided, the activity covered is a leisure and charter activity, and not public passenger transport. Consequently, the vessel may not be used for the purpose of transporting passengers for remuneration, subletting,

unauthorised competition, or, more generally, in breach of the terms and conditions of the insurance policy.

For bareboat charters, the Charterer is informed that, for the duration of the charter and subject to compliance with the insurance conditions, they may be covered under the third-party liability insurance. However, this cover does not relieve them of their contractual obligations towards the Charterer, nor of any excesses, exclusions, claims by the insurer or amounts for which they remain liable.

The Lessee acknowledges that the insurance does not necessarily cover, or may exclude, depending on the applicable policies:

  • damage not covered by the policy;
  • statutory or contractual exclusions;
  • wilful misconduct or fraudulent conduct;
  • drunkenness, the use of narcotics or similar substances;
  • sailing outside the designated area, outside the permitted times, or in breach of the instructions;
  • overcrowding or the absence of a duly appointed captain;
  • use that does not comply with the required licences or permits;
  • passengers carried for remuneration where the policy does not provide for this;
  • subletting by the Tenant;
  • damage caused by grounding, the propeller, the propeller shaft, upholstery, deck fittings, electronics, optional extras, or the theft of accessories or personal effects, where the warranty does not apply;
  • the costs of rescue, towing, salvage, decontamination, security, port charges,
  • expert assessments, assistance, surveys, transport or legal proceedings, where these are not covered;
  • damage and loss covered by a damage or theft insurance policy that has not been taken out for the vessel in question.
The Charterer remains solely responsible for any personal belongings brought on board. It is the Charterer’s responsibility to take out any additional insurance required to cover themselves, their passengers, their belongings, their activities, cancellations and, where applicable, the independent skipper whom they engage directly.
The Tenant confirms that they are aware that any false statement, omission, inaccuracy or failure to comply with the terms of the guarantee may result in the guarantee being invalidated, a reduction in compensation, or even the nullity of the guarantee, in accordance with the provisions of the Insurance Code.

12) Breakdown – Damage – Assistance – Claim

12.1) Obligation to report immediately

Any breakdown, damage, suspected engine overheating, alarm, loss of equipment, water ingress, grounding, collision, injury, dispute with a third party, intervention by the authorities, towing or accident must be reported immediately to the Lessor.

In the event of a life-threatening emergency or danger at sea, the Hirer must first contact the relevant emergency services (VHF channel 16 / CROSS / 196), and then the Lessor as soon as possible.

Any misuse, unjustified or premature call to the emergency services, a towing, breakdown or assistance company, the SNSM or any other emergency responder, as well as any intervention rendered necessary by fault, negligence, misjudgement of the situation, failure to follow instructions or

Any improper use of the vessel by the Lessee shall be borne in full by the Lessee, including the principal sum, costs and incidental expenses.

12.2) Course of action

The Lessee has to :

  • to ensure people’s safety;
  • to limit further damage;
  • strictly follow the instructions given by the hire company and the emergency services;
  • do not carry out any major repairs without the Lessor’s prior consent, except in cases of absolute emergency;
  • record the details of third parties, witnesses and the authorities, and take any relevant photographs.

12.3) Distinction based on accountability

  • Breakdown or damage not attributable to the Hirer: the Lessor shall use its best endeavours to assist the Hirer. No automatic refund is payable, unless there is a commercial agreement or a specific legal obligation to that effect.
  • Breakdown or damage attributable to the Hirer: all costs relating to call-outs, breakdown assistance, towing, travel, security, repairs, downtime and loss of business shall be borne by the Hirer.

12.4) Minor emergency repairs

In the event of minor damage that does not prevent the hire from continuing as normal, the Hirer may only incur expenses or carry out repairs with the Lessor’s consent, unless there is a proven absolute emergency. No reimbursement will be made without an invoice and prior consent, unless there is a duly justified compelling need.

13) Delay – Downtime – Abandonment – Operating loss

13.1) Delay

Any delay of more than 15 minutes will result in a charge of €150 per hour or part thereof, unless there is evidence to show that the actual loss was greater.

13.2) Specific intervention

The Lessee will be charged, in particular, for the following items, although this list is not exhaustive:

  • loss of keys, papers or vehicle documents;
  • out-of-hours call-outs;
  • lack of fuel;
  • a specific support visit;
  • salvage of the vessel;
  • unusually high expectations of the team.
based on a minimum charge of €500 per call-out, plus any actual costs incurred if these are higher.

13.3) Fixed assets and operating losses

Any immobilisation of the vessel attributable to the Lessee, whether resulting from damage, grounding, breakage, loss, seizure, delay, an incident or wrongful conduct, may give rise to a charge based on the standard public hire rate for the vessel in question, calculated on a pro rata basis

per day of downtime, without prejudice to the Lessor’s right to claim full compensation for its loss of business if this is greater, particularly during the high season or in the event of the cancellation of subsequent bookings.

13.4) Abandonment or impossibility of return

If the Charterer is unable to return the vessel by their own means, they must immediately notify the Lessor and follow their instructions. All costs relating to storage, port charges, repatriation, escort, towing, surveillance and formalities shall be borne by the Charterer.

14) Cleanliness – Cleaning – Handover

The vessel must be returned in a normally clean condition suitable for professional use.

Standard routine cleaning may be included depending on the commercial offer, but does not include exceptional cleaning tasks relating, in particular, to:

  • greasy stains, alcohol, vomit, blood, oils, cream, make-up,
  • excessive sand, waste, packaging,
  • stained upholstery,
  • lingering odours,
  • significant lack of rinsing,
  • equipment that has been soiled or rendered unusable.

Any additional cleaning will be charged at €50 per hour, with a minimum charge of one hour, without prejudice to the replacement of any item that has been irreversibly damaged.

15) Offences – Fines – Reports – Authorities

The Lessee shall be solely liable for all financial, administrative and criminal consequences of any offences committed during the tenancy, in particular those relating to:

  • speeding,
  • no mooring,
  • environmental damage,
  • navigation in a restricted area,
  • failure to keep within the fairways or the 300-metre zone,
  • nuisances,
  • overload,
  • dangerous driving,
  • failure to comply with an order or directive issued by the authorities,
  • any damage caused to other people or to public or port property.

The Lessor is authorised to disclose to the relevant authorities the identity and contact details of the Lessee, the designated pilot and, where necessary, the passengers or users concerned. An administration fee of €90 per offence or case will be charged in addition to the principal sums.

16) Cancellation – Weather – Force majeure

16.1) Cancellation by the Lessee

Unless otherwise specified in the terms and conditions or unless cancellation insurance has been taken out via a partner platform, any cancellation by the Tenant will result in the application of the terms agreed at the time of booking or, failing that:

  • retention of the deposit;
  • the possibility of a postponement or a credit note, at the Lessor’s commercial discretion.

16.2) Adverse weather conditions / safety

The Lessor, or the skipper where a skipper is provided, shall have sole discretion to decide whether to proceed with, restrict, shorten, postpone or cancel the trip where weather conditions, sea conditions, visibility, safety, operational considerations or official advisories do not permit safe navigation.
The Hirer acknowledges that no purely personal assessment of the weather may be imposed on the Lessor.

16.3) Force majeure

In the event of force majeure or an external, unavoidable and unforeseeable event, including, but not limited to:

  • administrative closure,
  • navigation ban,
  • dangerous weather phenomenon,
  • a previous serious breakdown through no fault of their own,
  • unforeseeable unavailability of the vessel,
  • sinister,
  • public authorities decision,

The Lessor may offer a credit note valid for a period of 12 months, without any further compensation. No additional reimbursement, incidental costs, loss of enjoyment, transport costs, accommodation costs or indirect losses may be claimed from the Lessor, unless otherwise required by mandatory provisions.

17) Liability – Limitation – Consequential damages

The Lessor is only bound by the legal obligations incumbent upon it in its capacity as a lessor of pleasure craft.

The Lessor shall not be held liable for:

  • navigational errors on the part of the Hirer, the pilot, the independent skipper or the passengers, as the case may be;
  • loss or theft of personal belongings;
  • any indirect or non-pecuniary loss suffered by the Tenant, except in cases of gross negligence or where otherwise required by public policy;
  • administrative, port-related or weather-related restrictions;
  • loss of use resulting from an act attributable to the Tenant, a third party, the authorities or an external event.

No provision of this contract is intended to, or has the effect of, excluding the Lessor’s liability in the event of personal injury attributable to its negligence or in cases where the law prohibits such exclusion.

18) Personal data – GDPR

The data collected is required for:
  • the conclusion and performance of the contract;
  • verification of identity and eligibility;
  • the safety of people and property;
  • fraud prevention;
  • the management of claims, incidents, insurance, guarantees, legal disputes, fines and regulatory obligations.
Where necessary, this information may be passed on to insurers, authorities, lawyers, experts, payment service providers, booking platforms and partners directly involved in the performance of the contract or the handling of a dispute. Data is retained for as long as is necessary for the purposes for which it was collected, and is then archived in accordance with the applicable statutory retention periods. The customer has the right to access, rectify, erase, object to, restrict the processing of their personal data, and lodge a complaint with the CNIL; these rights may be exercised by writing to the following address: contact@sunseaboat.com

19) Mediation – Applicable law – Jurisdiction

This contract is governed by French law.

In the event of a dispute, the parties shall first seek an amicable resolution. The consumer customer may, following a written complaint that has not been satisfactorily resolved, have recourse to a consumer mediation scheme in accordance with the legislation in force, provided that the Lessor is a member of a

competent mediator.

In the absence of an amicable settlement, jurisdiction is vested in the courts with territorial jurisdiction in accordance with ordinary law.

20) Non-withdrawal

In accordance with Article L.221-28 of the Consumer Code, accommodation, transport, catering or leisure services provided on a specific date or at specific intervals are not subject to the fourteen-day right of withdrawal.

The Lessee acknowledges that they have been informed of this.

21) Contractual documents submitted and accepted

The Lessee acknowledges that they have received, read and accepted:

  1. this contract;
  2. the inventory and the check-in/check-out inspection;
  3. the chart showing navigation zones and boundaries;
  4. the emergency response guide;
  5. the rules for the use of the vessel;
  6. the safety briefing;
  7. any specific terms and conditions of the booking platforms.