Terms and Conditions

1) Definitions

« Annonce » refers to a published rental listing.
« CGU » refers to these terms and conditions of use.
« SunSeaBoat » refers to the boat hire company Sunsea Boat.
« Content » means all information or other material available on the website.
« Vessel » means any watercraft available for hire on the site.
« Tenant » means any natural or legal person who books a boat for hire.
« Charter » means the hire of a vessel by a charterer.
« Check-in » refers to the process of taking charge of the boat or boarding the boat on the day of hire.
« Additional options » refers to options that the tenant may take out in addition to the landlord’s fee.
« Rental price » means the price shown in the advertisement, excluding any additional options and fuel.
« Owner’s price » refers to the price freely chosen by the owner when they publish their advertisement..
« Owner »: Sunsea Boat
« Service » refers to the booking service and its payment management tool.
« Users » refers to any user of the website and the service, whether they are owners or tenants.

2) Acceptation des CGU

Use of the services and the website is subject to these Terms of Use. These Terms of Use constitute a contract governing the relationship between the user and Sunsea Boat. They supersede and replace all previous provisions and set out the full extent of the rights and obligations of Sunsea Boat and the user in relation to their subject matter. The parties agree that in the event of any conflict between the information on the website and these Terms of Use, the latter shall prevail.

The user is deemed to have accepted these Terms and Conditions in full and without reservation as soon as they tick the box marked ‘I accept the terms and conditions’ when submitting a contact request; the user acknowledges that, without such acceptance, the creation of a user account and the use of the service are impossible and invalid.

Sunsea Boat reserves the right to amend these Terms and Conditions at any time; any such amendments will take effect upon their publication on the website.

By continuing to use the website, users are deemed to have accepted the latest updated version of the Terms of Use.

3) Access to the service: Legal capacity

The service is available only to adults, emancipated minors with full legal capacity, and legal entities that can accept these Terms of Use without reservation.

4) Use of this Service

4.1) insurance

Sunsea Boat undertakes to offer for booking only vessels that are covered by insurance for their rental activities, regardless of the user’s nationality.

The insurance is third-party liability cover and does not cover damage caused by the ‘Tenant’, who remains liable for their actions as ‘Skipper’.

Any damage caused to the keel, propeller or hull of the boat during the hire period is not covered by the insurance and will be the responsibility of the Hirer.

4.2) Boat booking

No booking will be confirmed until payment has been made of an amount equivalent to 50% of the rental cost for the relevant period. On the day of handover, the Landlord and the Tenant undertake to carry out a joint inspection of the property and to sign a tenancy agreement.

On the day the tenancy ends, the Landlord and the Tenant undertake to carry out a joint exit inspection.

If the tenant fails to return the boat at the agreed time, the tenant must pay the owner the amount specified in the rental agreement and the price list for the delay.

4.3) Security deposit

The Owner may require a security deposit in connection with the hire of the boat. The amount of the deposit is specified in the hire agreement. The Hirer undertakes to ensure that there are sufficient funds in their bank account to cover the security deposit at the time of the booking request, and to maintain sufficient funds in that account until the signing of the boat’s exit inventory in the event of any disputes.

Within twenty-four (24) hours of the end of the hire period, the Owner may request payment of the security deposit if they discover any damage to their boat that was not listed on the pre-hire inspection report. This request must be accompanied by the hire agreement, the pre-hire and post-hire inspection reports for the boat, and photographs or video footage of the damage or any other supporting evidence.

Any dispute arising between the Landlord and the Tenant, in particular regarding the existence and/or liability for damage and/or the cost of repairs, shall be referred to the competent courts.

5) Obligations for both sides

5.1) User obligations

The user has to :

use the Website and the Service in accordance with these Terms of Use and applicable laws,
to provide truthful, lawful and objective information and to act in good faith when using the website’s services,
to act in good faith when using the Service and the Website,
be able to provide proof at any time of the qualifications and/or credentials claimed in their nautical documentation,
comply with the applicable administrative and health requirements (particularly when sailing outside France),
draw up and sign a tenancy agreement on the day of the handover, including a joint inventory of fixtures
sign, on the date the hire period ends or on the date the boat is returned (in the event of a delay), a joint inspection report for the boat in the event of a dispute.

The Tenant may make any reservations in writing on the tenancy agreement at the time of the inventory. Each User is responsible for saving the information available on the website that they require for purposes such as keeping records, accounting, etc.

5.2) Specific obligations of the Tenant

The Tenant has to :

to hold the security deposit in their bank account, where applicable, from the date of the booking offer until 24 hours after the end of the rental period,
be the holder of the bank card used to book the boat,
check the condition of the vessel, the validity of any technical inspections, and that the vessel is equipped with safety equipment appropriate to its category of navigation and that all equipment is up to date,
where applicable, consult the Special Audit Register,
notify the Owner before the start of the Rental of any dispute or disagreement relating to the Listing and/or the Boat, in order to request that payment be held pending a decision by the Users concerned as to whether to cancel the booking in accordance with the terms of Article 7 or to proceed with it,
to pay any fines incurred by him during the term of the tenancy, upon the Landlord’s first request,
hold the necessary certificates, licences and/or qualifications for operating the vessel
to act with due care and attention throughout the duration of the tenancy
do not sublet the boat

Should the boat become soiled, the hirer must pay a cleaning fee of €400 to Sunsea Boat.

In the event of any faults or damage found on the boat upon return of the hire, the deposit will be debited in full as a precautionary measure. Once the necessary repairs have been carried out, Sunsea Boat will refund the difference.

5.3) Obligations of the Owner

Sunsea Boat undertakes to do its utmost to:

ensure that the website operates in accordance with Article 9 below,
respond to users’ enquiries regarding the services as promptly as possible,
reimburse the tenant, where applicable, in accordance with the terms of Article 7

6) Cancellation

Users must notify Sunsea Boat in writing of any cancellation in advance, either via the contact form on the website or by post.
A cancellation only becomes effective once Sunsea Boat has sent an email confirming the cancellation.

6.1) Due to a force majeure

In the event of circumstances constituting force majeure within the meaning of Article 11, any User may request that the booking be postponed to a later date or cancelled, provided they have provided Sunsea Boat with written evidence of such circumstances within a maximum of 12 hours following the date of collection.

If the hire period was for more than one day, Sunsea Boat will not refund the hire price, which the Hirer accepts. In the event of a cancellation due to a special weather report preventing any trip out to sea, and if the booking was for a period of one day or less, Sunsea Boat will refund the Renter, within fifteen (15) days by bank transfer, the rental price less Sunsea Boat’s commission, which will be refunded in the form of a credit note valid for one year.

6.2) Per Sunsea Boat

In the event that no alternative solution is found, or in the event that the Owner’s request to cancel the booking is based on the Tenant’s manifestly inadequate sailing ability – as actually observed by the Owner under real-world conditions on the day of handover (excluding cases where the Tenant is unable to provide evidence of their certificates or qualifications) – such cancellation shall also be deemed justified.

The Tenant understands and agrees that they may only claim a refund of the rental fee (less Sunsea Boat’s commission) directly from Sunsea Boat, and that Sunsea Boat shall not be held liable in this regard. In such cases, Sunsea Boat undertakes to refund the rental fee to the Tenant.

6.3) If the boat does not match the advert

Should the Vessel not correspond to the Advertisement, the Hirer shall notify Sunsea Boat of this prior to the Hire and provide any supporting documentation to that effect. The Hirer must decide whether or not to cancel the Hire.

Should he decide to proceed with the booking, he shall under no circumstances be entitled to claim a refund of the booking fee for any reason whatsoever in relation to this booking.

In the event that Sunsea Boat decides not to proceed with the Hire, Sunsea Boat agrees, as a gesture of goodwill and without this giving rise to any liability on the part of Sunsea Boat towards the User in any way whatsoever, to refund the Hire Price in full to the Hirer by bank transfer within fifteen (15) days of the cancellation.

6.4) When boarding the boat

The Owner undertakes to provide the Hirer with a boat in perfect working order and clean condition, with all equipment supplied in good working order, the batteries charged, and the fuel and water tanks full. The Hirer must check that the boat and the equipment provided are in good condition. In the event of any shortcomings, and after attempting to resolve the issues with the Owner, the Hirer must decide whether or not to cancel the hire.

Should he decide to proceed with the booking, he shall under no circumstances be entitled to claim a refund of the booking fee for any reason whatsoever in relation to this booking.

6.5) Si une panne intervient en cours de Location

In the event that the Vessel suffers a major breakdown during the Rental period, rendering it impossible to use the Vessel for its primary purpose, and where such a breakdown results in the loss of use of the Vessel for more than 23 (twenty-three) hours, the hirer may cancel the contract.

No other form of compensation will be considered. The Tenant must decide whether or not to cancel the Rental. Should the Tenant decide to proceed with the Rental, they may under no circumstances claim a refund of the Rental Fee for any reason whatsoever in relation to this booking.

7) Terms of payment for the rental

Payment of the rental fee is made for each booking, in advance, by credit card on the Website via the payment gateway.

The booking fee must be paid in full at the time of booking. The Tenant will not be refunded the deposit already paid, regardless of the cancellation terms set out in the advertisement.

Sunsea Boat will issue an invoice to the hirer.

8) Availability of the Service and the Website

Sunsea Boat undertakes to do its utmost to ensure that the Service and the Website are available 24 hours a day, 7 days a week, without interruption other than that required for corrective or upgrade maintenance.

Users’ attention is specifically drawn to the fact that the Website and the Service, like any computer application, are susceptible to malfunctions, anomalies, errors or interruptions, which may be caused, in particular, by connection problems. Consequently, Sunsea Boat does not guarantee to Users that the Website and the Service will be available at all times.

Under no circumstances may the User hold Sunsea Boat liable for such malfunctions, anomalies, errors or interruptions, even if these have caused the User any loss or damage whatsoever.

9) Liability

9.1) Disclaimers

In addition to the cases set out in these Terms and Conditions, Sunsea Boat shall not be held liable in the following circumstances:

any improper or unlawful use of the Website and/or the Service by the User,
unavailability of the Website and/or the Service in accordance with clause 9 above,
unauthorised access to the Website and/or the Service by a third party; failure by the User to comply with administrative and health regulations.

9.1) Hyperlinks

The Website may contain links to other websites or other online sources. Sunsea Boat has no control over these external websites and sources. Consequently, Sunsea Boat cannot be held liable for the availability of these external websites and sources and accepts no responsibility for the content, advertising, products, services or any other material available on them. Furthermore, Sunsea Boat cannot be held liable for any damage or loss, whether actual or alleged, arising out of or in connection with access to, use of, or reliance on the Content, goods or Services available on these external websites or sources.

Sunsea Boat is only responsible for the hyperlinks it creates.

10) Force Majeure

The parties agree that the following, in particular, constitute cases of force majeure:

special weather warnings preventing any trips out to sea,
changes in legislation and regulations,
natural disasters, fires, storms, floods, wars and acts of terrorism, in-house strikes, illness, power surges and electric shocks, failures of cooling systems and IT equipment, blockages and slowdowns in electronic communications networks and, more generally, any unforeseeable event beyond the control of Sunsea Boat and the Users.

11) Confidentiality

Sunsea Boat undertakes to keep confidential any information collected when a user account is created.

Sunsea Boat undertakes not to use any data obtained from the User for purposes other than those of the Service, and in particular not to sell such data to third parties for commercial purposes, unless such use is required by law or by any administrative or judicial authority.

12) Suspension and Termination

The User acknowledges that Sunsea Boat is entitled to suspend access to the Service or terminate its contractual relationship with the User, or to delete any User account, as of right, by simple email and without further formality, for any reason, including but not limited to:

in the event of improper or unlawful use of the Service, in particular in the event of a payment issue (including suspected money laundering),
in the event of a breach of the Terms of Use,
in the event of the cancellation of more than two bookings, excluding cases of force majeure, in accordance with the terms of Article 7.
in the event that Sunsea Boat ceases to operate the Website and/or the Service. The User therefore undertakes not to create a new User account. The User may close their User account at any time by simply sending an email to contact@sunseaboat.com. However, they undertake to honour and fulfil any bookings that are currently in progress or have been accepted.

13) Personal data

The data controller can be contacted at contact@sunseaboat.com.

In particular, the User consents to the transfer of their personal data for the proper provision of the Service. In accordance with the French Data Protection Act No. 78-17 of 6 January 1978 and its implementing decrees, the User has the right to access, amend, rectify and delete personal data concerning them, which may be exercised by contacting contact@sunseaboat.com.

Depending on the preferences selected when creating their user account, the user may receive marketing offers from Sunsea Boat.

If the User no longer wishes to receive such communications, they may opt out at any time by sending an email to contact@sunseaboat.com. Any use of personal data other than that specified above shall be subject to the Users’ individual, prior and explicit consent.

14) Intellectual property

« Sun Sea Boat » and the logo appearing on the Website are registered trademarks and remain the sole property of Sunsea Boat. No licence is granted to the User.

Sunsea Boat holds the intellectual property rights relating to the Service and the Website, including, in particular, those relating to the software, user interface, layout, graphics, logo and design of the Website. The User shall not infringe in any way the intellectual property rights held by Sunsea Boat. Users are solely responsible for the Content and indemnify Sunsea Boat against any claims relating to the Content concerning the infringement of third-party rights and applicable legislation, and undertake to compensate Sunsea Boat for any loss it may suffer and to reimburse it for any damages, costs, including legal fees, which it may have incurred in this regard.

Each User grants, free of charge, a non-exclusive right to reproduce, display, modify, translate, adapt and sub-license the Content for the duration of the copyright and worldwide, in any digital, analogue or paper format, for commercial or non-commercial purposes.

15) Separability of clauses and divisibility

If one or more provisions of these Terms of Use are declared invalid pursuant to a law, regulation or following a final decision by a competent court, the remaining provisions shall remain in full force and effect, to the extent permitted by such decision. Furthermore, the fact that a party does not rely on a breach by the other party of any provision of the Terms of Use shall not be construed as a waiver of its right to rely on such a breach in the future.

These Terms and Conditions are governed exclusively by French law.