Those general terms of reservation apply to all the rentals offered by the MARTIMA company. All reservations or booking entails the client’s unequivocal adherence to those general terms.
Definitions : The following words meanings are, for this contract, what is explained here.
The Client : The person who rents the ship.
The Chartering Party : The ship owner or his legal representative.
MARTIMA : MARTIMA de Gestion Llan company.
Article 1 :
Preamble 1.1. MARTIMA received from different ship owners the mission to rent different ships for leisure purposes. It’s in these conditions that MARTIMA offers, in particular on its website, different ships to rent. 1.2. These general terms of reservation only rule the relations between the Client and MARTIMA, who only serves as an intermediary. The renting contract has to be concluded between the Charterer and the Chartering Party. Thus, the Chartering Party would probably present its own general terms of rent to the Client.
Article 2 : MARTIMA's services.
2.1. MARTIMA serves as an intermediary between the Charterer and the Chartering Party. Its liability cannot be claimed for any action, commitment, negligence, non-performance, or prejudice falling within the relations between the Client and the Chartering Party.
2.2 MARTIMA does its best to illustrate on the offers on its website www.maritima-sailing.com with pictures giving a realistic idea of the offered services. Those pictures are only descriptive and do not have any contractual value.
2.3. As well, advices about tours and their estimated length given by MARTIMA are only informative and could not be claimed as a liable implication of MARTIMA.
Article 3: Booking execution and validation.
3.1. In order to execute the booking, the Client will previously have to register its request and identify itself either by email, phone or through MARTIMA’s online booking system. Following each complete request, MARTIMA sends a quote.
3.2. If the Client agrees for this quote, MARTIMA sends to it the renting contract by email. The validity of the renting contract is submitted to the preceding signature of those general terms of reservation.
3.3. In case of use of the only booking system, the order will only be definitively registered from the last validation. In case of reservation by email, the express request for ship reservation commits, as a contractual promise, the Client to sign the contract.
3.4. On the registration day, MARTIMA will send an e-mail to confirm the registration of the request. This e-mail will be the proof that MARTIMA agrees its share of the contract.
3.5. The Client commits to fulfil its nautic resume, and the crew list on MARTIMA’s website www.magellan-sailing.com. ID and password will be sent to the client with the contract. The Client commits to give exhaustive and true information. Those are destined to insurances and/or local authorities.
Article 4: Forms of payment.
4.1. MARTIMA SAILING website permits a direct and online booking with MARTIMA services, and to communicate bank details in a safe and private way. Client’s account will be debited for MARTIMA's benefit.
4.2. Forms of payment: The entire amount paid on the reservation day: No fee. 50% during the reservation + 50% five weeks before leaving. (If using American Express, client agrees to pay a special 3,5% fee to cover the cost of this form of payment.). All services which prices can't be previewed, such as plane ticket booking, shall be paid right before their reservation, as soon as the amount is determined.
4.3. MARTIMA company accepts credit cards, checks, and holiday vouchers.
Article 5: Elements non included in the price of the rent.
5.1. Remain to the Client’s responsibility: engine fuel, lubricant, spark plugs, batteries, gas for the kitchen, eventual port tolls, any repairs, and any consumable product necessary for the efficient running of the ship and its maintenance during the journey.
5.2. Moreover, port charges and local taxes are not included in the booking price and mean to be paid by the Client.
Article 6: Use of the Ship and Liability.
6.1 The Client commits to use the ship as a « prudent man » and will respect the Maritime affairs regulation, Customs code, and Police, of France and visited foreign countries. Minor Client needs a written authorization of its parent or tutor.
6.2. The Client commits to use the boat for leisure navigation only, excluding all business operations, professional fishing, transport, races, etc. excepted if it’s especially written in the renting contract with the agreement of the Chartering Party. This will imply extra rules and obligations, like specific insurances, administrative declarations, etc. that the Charterer and the Chartering party will imperatively have to respect.
6.3. Sub renting and lending of the ship are rigorously forbidden.
6.4. The Client commits to take on board no more than the authorized number of persons.
6.5. Some renters refuse the presence of pets on board, or accept them against special cleaning fee.
6.6. The Client must know of about different categories of navigation, ship constructions and authorized navigation areas. The Client will stay in territorial waters of authorized countries.
6.7. The ship’s log is under the Client’s liability. It’s a document where have to be written navigation’s main instructions, and all incidents relative to the navigation.
6.8. In case of loss or damage because of normal wear and tear, during the journey, the Client is allowed to fix or replace without preventing the Chartering party, except if the operation’s cost doesn’t exceed 10% of the security deposit. This fee will be reimbursed by the Chartering Party, if the client bring the bill of the operation, and prove that it’s not made by his negligence or its crew’s. The Charterer will have to consult the Chartering Party for any loss or damage exceeding this price.
6.9. In case of major damage (dismasting, waterway, fire, …), the client is committed to consult the Chartering Party and the insurance consultant as soon as he can, asking for instructions. Waiting for them, the client is committed to ask a damage auditor to establish a report in order to get the due reimbursement from the insurance company. If the Client doesn’t respect this procedure, he might be committed to assume all costs on his own.
6.10. Enjoyment deprivation following some damage that occurred during the journey will not be reimbursed except if the Client proves the incident cannot be imputed to its liability. Even in that case, a 48h penalty fee will be applied. Even though, MARTIMA cannot be considered as liable and the Client will always have to refer to the renting contract with the Chartering Party.
6.11. Anyway, in the case of a professional skipper would be hired by the charterer, even under recommendation of MARTIMA or the Chartering Party, the only liable person on board, for the boat and the crew, is the Client.
6.12. MARTIMA is not liable for any kind of damage during the journey.
Article 7: Takeover of the ship.
7.1. The description of the boat and its equipment comes from the legal inventory and has to be furnished to the Charterer with the official list of compulsory instruments, documents and fitting-out, and the ship’s security title. The Charterer has 24 hours from the beginning of the takeover to check the condition of the ship and its equipment. The takeover signature corresponds to the recognition of the good condition of functioning and cleanliness, with the exception of hidden vices.
7.2. A security deposit equal to the insurance excess has to be paid to the Chartering Party the day before the beginning of the boarding. It will be reimburse to the Charterer in the end of the cruise, less the amount corresponding to the damages which the charterer is responsible of.
7.3. The takeover is over when the balance outstanding has been paid, the security deposit given to the chartering party and the inventory signed.
7.4. MARTIMA gives its best to work with trustworthy partners who will furnish boat in the best possible state with full gas tanks the first day. In that case clients will return the boat with full tanks also.
Article 8: Restitution of the Ship.
8.1. The Charterer is committed to return the boat in the port designated in the renting contract, on the due day, except if agreed later and signed by both charterer and chartering party. As soon as he’s back, the client has to notify his return to the Chartering Party and make an appointment for the checking out inventory of the boat, which would have been cleaned and evacuated before.
8.2. The Client is committed to return the boat and its equipment clean and in a good functioning state. If the return state of the boat is satisfactory, the security deposit will be given back to the Client within one month.
8.3. If that state is not satisfactory, the Chartering Party has the right to keep a part, or all, of the security deposit in order to pay the cleaning service and the different required fixation.
8.4. The cleaning and the inventory are included in the rent length.
8.5. For every day late, the Client will have to pay a compensation fee corresponding which amount is agreed in the renting contract. Bad weather cannot be claimed as a valid reason, the shipmaster is supposed to be able to anticipate this kind of situation.
8.6. If for some reason the Client cannot return the ship on his own to the designated port, he will have to assume financially the caretaking of the boat and pay a qualified skipper to convoy it to the right port after noticing this whole situation to the Chartering party. The rent will only end after the boat returned.
8.7. If damage or a loss, on the boat or its equipment, is noticed, the charterer will have to reimburse. For this, the Chartering party can simply keep a part of the security deposit.
8.8. The Chartering company can, by law, claim for the payment of any costs, even if that exceeds the security deposit, if he can bring the proof that the damage has been done on purpose or by negligence.
8.9. If the damage or loss is coming from an incident covered by the insurance, the security deposit will be given back to the Client when the insurance would have reimbursed the damage or loss. The reimbursement will cover all costs of the damage, plus the extra fees the client had to pay because it (justifications are needed), less the excess amount.
8.10. Neither the Chartering Party nor MARTIMA are liable for any damage or loss on the Client’s own goods.
Article 9: Cancellation from Chartering Party.
9.1. MARTIMA guarantee working with partners who will, if the agreed boat is not available on the appointed day, find a boat at least equal in size and comfort, or will fully reimburse the client proportionally to the number of days out.
9.2. If the Charterer disagrees with the replacing boat, he can cancel the contract on his own responsibility, following the rules of cancellation from the Client on the renting.
Article 10: Cancellation from the Client.
10.1. The length of the contract cannot be changed without the Chartering Party agreement, following its possibilities.
10.2. In any case, any non-consummated performance imputable to the Client cannot be ground for reimbursement. If the performance cannot be used because of MARTIMA , the Client will be reimbursed.
10.3. In the customer area, the Client can subscribe cancellation insurance, for his benefit and on its own expenses, with MARTIMA’s partner Ouest Assurance. The general terms suggested by Ouest Assurance are available on its website’s link, in the customer area.
Article 11: Ship insurance and excess
11.1. MARTIMA commits to work exclusively with renters who have subscribed a specific insurance covering the following risks for the Client: I. damages which could have been committed to the boat, its equipment or the engine (except the dinghy and its outboard motor) and theft. Though, the Client stays its own insurer above the amount of the excess and/ or the security deposit. II. Material and physical damages caused by a third person (civil liability).
11.2. Usually, are excluded from the ship insurances: Accidents damages and loss concerning the client, its crew, and their personal goods. Fines and legal penalties incurred while the ship was under the Client’s responsibility. Damage, loss, emergency services or any other cost resulting from the intentional or unforgivable fault of the Client. Ship towage because of a navigation mistake, violation of the navigation regulation or the security rules, any crew member misbehaviour, offending use of the boat, its equipment or the dinghy, drunken navigation or navigation under drugs, even medicines, affecting consciousness or reactivity, use of the boat for other purposes than those agreed by the contract, exceeding allowed number of passengers, navigation out of the authorized area, false statement, and any malicious act committed with any crew member’s complicity.
11.3. Individual insurances can be subscribed by the Charterer for itself and its crew members to cover risks designated by the previous paragraph. MARTIMA advises the Client to subscribe such insurance.
Article 12: Personal information
12.1. Information given to MARTIMA is used to treat the Client’s request. Financial information will only be used to fee the service and proceed the reservation. In order to do so, MARTIMA shares some of those information with the Chartering Party. MARTIMA commits not to share any information which is not indispensable to the Chartering Party to fulfil the Client’s request. MARTIMA does not trade client’s files or confidential information.
12.2. The Client has the right to access, rectify, modify and delete all data concerning itself. He can use this right by writing to MARTIMA on the following mail:firstname.lastname@example.org. The Client can also, for legitimate reasons, refuse the treatment of the data concerning itself.
Article 13: Litigation Parts commit to seek to resolve amicably any matter that could oppose them. Failing that, they commit to submit any matter between the renting contract parts, to the jurisdiction of the country the cruise starts from. Concerning matters between the reservation contract parts, they commit to submit such a matter to the Court of country who rent a boat