1. SUBJECT OF THE CONTRACT
The OWNER agrees to charter the Boat to the CLIENT, and the CLIENT agrees to rent the Boat and to pay the Charter Fee, Fuel Consumption, and any other agreed charges in cleared funds under this Agreement. The OWNER provides a maritime transport service on board the Boat and all ancillary services. Unless expressly stated, catering is not included. The OWNER shall not be responsible for services provided ashore, by third parties, or for any act, omission, or fault of third parties, including but not limited to berth allocation, mooring, transport, activities, or catering ashore.
2. PERIOD OF SERVICE
The Service period is defined in the “Definition of Navigation” section of the Charter Agreement.
3. DELIVERY / RE-DELIVERY
On the Delivery Date, the OWNER shall deliver the Boat at the agreed place in compliance with flag state requirements, in full working order. The OWNER warrants that the Boat is legally compliant, insured, seaworthy, properly maintained, clean, and equipped with all mandatory safety equipment, including child life jackets where applicable. Comfort and usability are not guaranteed in adverse weather. On re-delivery, the CLIENT shall return the Boat free of debt and in substantially the same condition, fair wear and tear excepted. Any late re-delivery attributable to the CLIENT shall result in an hourly penalty, minimum one hour, deducted from the credit card pre-authorization.
4. NAVIGATION AREA
The CLIENT shall navigate only within the authorized navigation area specified in the package, subject to the CAPTAIN’s approval for any deviation.
5. CREW
The Boat is chartered with a professional crew provided by the OWNER or its agent. The CAPTAIN and CREW hold all required qualifications and shall comply with applicable maritime laws. All CLIENT and PASSENGER information shall remain confidential.
6. OBLIGATIONS OF THE CLIENT
The CLIENT is responsible for all PASSENGERS and ensures compliance with this Agreement and CAPTAIN instructions. Continued misconduct may result in immediate termination without refund. All PASSENGERS must carry valid ID and behave respectfully; harassment is strictly prohibited. Illegal drugs are forbidden. Excessive alcohol consumption compromising safety may lead to termination without refund. No commercial photography, filming, or recording (including social media or promotional use) is permitted without written authorization. Pets are prohibited. Smoking is allowed only in designated exterior areas. Use of equipment is subject to CAPTAIN authorization. Children under 13 must be supervised at all times. The CLIENT warrants the physical and mental fitness of all PASSENGERS; the OWNER is not liable for pre-existing medical conditions.
7. POWERS OF THE CAPTAIN
The CAPTAIN is the OWNER’s legal representative on board, with full authority over safety, navigation, and discipline. The CAPTAIN may refuse any instruction endangering persons or the Boat. Decisions regarding safety, weather, and navigation are final and binding.
8. PRICE – TERMS OF PAYMENT
Unless stated otherwise, the Charter Price includes the Boat, CREW, standard equipment, and insurance. Fuel, food, beverages, port fees, taxes, and special requests are borne by the CLIENT. An Advance Provisioning Allowance (APA) is required unless expressly stated otherwise, payable no later than 48 hours before the charter. Any negative balance is immediately payable, and the CLIENT authorizes all necessary debits or credits.
9. PAYMENT DEFAULT
Any unpaid amount after due date may lead to termination following written notice and a 14-day cure period, without prejudice to amounts due.
10. DELAYS
Delays due to force majeure at boarding result in termination and refund. Late disembarkation attributable to the CLIENT results in pro rata charges (minimum one hour) and compensation for any loss incurred by the OWNER.
11. CANCELLATION
- Cancellation by the CLIENT results in the following retention: More than 3 months before the reservation date: 0%; Between 3 months and 1 month: 30%; Between 30 and 15 days: 50%; Between 14 and 8 days: 80%; Less than 8 days or no-show: no refund. Bank or transaction fees are deducted from any refund. In case of bad weather, impassable sea conditions, or force majeure (including governmental restrictions), as solely determined by the CAPTAIN, a full refund applies minus bank fees. . - Cancellation by the OWNER results in a full refund.
12. BREAKDOWN OR DAMAGE
If the Boat becomes unusable for reasons not attributable to the CLIENT, the unused portion of the Charter Price shall be refunded pro rata temporis. If attributable to the CLIENT or PASSENGERS, the full Charter Price and related damages remain due.
13. INSURANCE
The OWNER maintains legally required insurance. The CLIENT remains liable for damage caused by the CLIENT or PASSENGERS. Passengers’ baggage and valuables (including cash, jewelry, watches, electronics, and documents) remain under their sole responsibility.
14. TRANSFER OF CONTRACT
No transfer is permitted without the OWNER’s prior written consent.
15. FORCE MAJEURE
Force majeure is defined under Article 1218 of the French Civil Code.
16. CLAIMS
Any claim must be immediately notified to the CAPTAIN and recorded in the logbook.
17. PERSONAL DATA
Personal data is processed solely for contract execution, in compliance with GDPR Regulation (EU) 2016/679.
18. APPLICABLE LAW – JURISDICTION
This Agreement is governed by French law. Exclusive jurisdiction is granted to the Courts of Monaco. In all cases, the OWNER’s total liability is strictly limited to the Charter Price actually paid.
19. ELECTION OF DOMICIL
All notifications shall be sent to the addresses or emails stated in the Charter Agreement.
