GENERAL RENTAL TERMS AND CONDITIONS
These general terms and conditions automatically apply to the rental of the sailboat presented in the order form (hereinafter referred to as the Vessel), owned by ISULA AVENTURE, whose registered office is Chemin Du Finosello, AJACCIO (20090), registered with the Ajaccio RCS under number 913 321 378 (hereinafter referred to as the Lessor), and as presented on the website https://www.isula-aventure.fr/ (hereinafter referred to as the Site) to the natural or legal person designated on the quote (hereinafter referred to as the Renter).
Any reservation or order implies the Renter’s unreserved acceptance of these general terms and conditions.
ISULA AVENTURE reserves the right to adapt or modify these general terms and conditions at any time. In the event of modification, the general terms and conditions in force on the day of the order will apply to each order.
If, for any reason, one of these clauses of the general terms and conditions were to be declared inapplicable, this inapplicability would not affect the application of the other provisions of the general terms and conditions, the one deemed inapplicable being then replaced by the closest possible provision.
Article 1: Services
Any Vessel rental service includes, for the duration specified on the quote established by the Lessor, the provision of the Vessel to the Renter, who will have its “full disposal, according to the terms of the order form and the provision of equipment, as described on the Site. The Lessor guarantees that the Vessel is seaworthy, operational, and in good condition.
Article 2: Placing and Validating an” order
2.1 To place an order, the Renter must make a request, either by e-mail, contact@isula-aventure.fr, by phone 07 72 23 35 11, or through the “online information request system” on the Site https://www.isula-aventure.fr/contact-et-reservation. To “establish the quote, the Renter’s name, surname, e-mail address, and phone number will be requested.
2.2 Following the” submission to the Lessor of “a complete request, the Lessor will send the Renter a quote by e-mail. The Renter undertakes to” keep until “the end of the rental the” e-mail address communicated to the Lessor for the “establishment of the quote. The Lessor cannot be held responsible if the Renter does not consult the e-mails sent to the” communicated e-mail address.
2.3 Upon receipt of the “Renter’s agreement to the quote by e-mail, the Lessor will send the Renter two copies of an order form and these general terms and conditions, as well as” a deposit invoice. The order form and these general terms and conditions form the rental contract. The order form will include the rental duration and the rate proposed in the quote. The “Lessor’s” copies of the order form and these general terms and conditions must be returned dated, initialed, and signed by the Renter to the e-mail address contact@isula-aventure.fr
2.4 The order will only become final upon receipt by the Lessor of the order form and general terms and conditions, duly dated and signed by the Renter, and after collection of the “deposit. The Vessel will only be reserved” once the order form and general terms and conditions, dated and signed, have been received by the Lessor and the “deposit has been collected.
2.5 The Lessor will acknowledge receipt of the order once the” deposit has been collected by “sending an” e-mail to the Renter. By keeping and printing this e-mail, the Renter will have proof of the “Lessor’s acceptance of the order. The” deposit will be immediately collected by the Lessor. Any rejection of the “deposit collection” will automatically cancel the order.
2.6 Any modification to the Renter’s order, such as “a change of rental dates, a change of name in the rental contract, will be subject to the” express agreement of the Lessor and the “establishment of a” new quote. Changes will result in additional fees being charged to the Renter. No changes can be taken into account by the Lessor less than 15 days before the departure date. After this period or in case of disagreement on modification fees, any modification request will be considered a cancellation.
2.7 In application of 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 et seq. of the Consumer Code regarding distance selling. Consequently, the ordered services are exclusively subject to the cancellation and modification conditions” provided for in these general terms and conditions, and the Client may not invoke the right of withdrawal.
Article 3: Passengers on Board the Vessel
3.1 The Renter undertakes to respect the maximum number of passengers allowed on board.
3.2 The Renter is prohibited from bringing on board the Vessel any items whose import is prohibited or that do not comply with customs laws and regulations. The Renter is responsible for all damages, losses, expenses, and penalties resulting from non-compliance with these rules.
Article 4: Duration
4.1 The duration of the Vessel rental will be specified on the order form duly signed by the Renter.
The Renter may under no circumstances board the Vessel before the boarding time or deposit luggage there.
4.2 Boarding corresponds to the Renter’s arrival on the Vessel and not the Vessel’s departure from the port. The Renter undertakes to be on time on the day of boarding. The Lessor is not responsible for the means of transport chosen by the Renter to get to the boarding port and return home. It is advisable to allow sufficient connection times and modifiable transport tickets. In the event that the Renter cannot board due to their delay, there will be no compensation. Disembarkation corresponds to the time at which the Renter must return the Vessel.
4.3 No refund will be possible if the Renter decides to shorten the rental, for any reason whatsoever.
Article 5: Price
5.1 The prices appearing on the rental contract are firm and final for the number of nights on board specified on the order form.
5.2 Prices include:
– 1 dinghy and its outboard engine
– Consumables for the boat (water, gasoline, diesel, gas)
– 1 plancha grill
– Water sports equipment on board: snorkeling equipment (fins, mask, and snorkel),
– 1 paddleboard
5.3 A security deposit, the amount of which corresponds to that indicated on the order form, must be paid to the Lessor on the day of departure before boarding by bank imprint (pre-authorization). The deposit is returned to the Renter (or destroyed if the Client wishes) on the day the service ends, after an inventory of the cabins and equipment. It may be retained in whole or in part by the Lessor in the event of damage caused by the Renter to the cabins and/or the Vessel’s equipment. Supporting documents relating to the debit(s) will subsequently be sent to the Renter
5.4 Prices include administration fees.
5.5 The price does not include:
– Personal cancellation, luggage, illness, accident, repatriation, and Renter’s baggage insurance,
– Mooring fees or port taxes or local taxes,
– Fees for topping up diesel or gas supplies,
– The cash onboard fund,
– Personal expenses on board (such as the sale of non-alcoholic beverages) and ashore during stopovers (visits, taxi, telecommunications, etc.),
– Transport before and after the rental to reach the departure point and leave the arrival point, public transport (plane), bus transfer or private transport, taxi, parking fees for personal vehicle.
Article 6: Payment Conditions
6.1 The Renter will be subject to the following payment schedule. The order will only be taken into account by the Lessor upon collection of the deposit.
– 40% upon reservation
– 40% two months before departure
– The balance 1 month before departure
Reservation less than 1 month before departure: 100% upon reservation.
The security deposit will be paid by the Renter on the day of boarding.
6.2. The Renter must pay :
By bank transfer to the following bank account:
SOCIETE GENERALE BALEONE
IBAN : FR76 3000 3002 7400 0209 4356 304
BIC : SOGEFRPP
ISULA AVENTURE
CHEMIN DU FINOSELLO
20090 AJACCIO
The Renter must identify the order form number in their transfer order.
Any bank charges will be borne by the Renter, as the Lessor must receive the full amount of the rental price, as stipulated on the order form.
6.3. Payments made by the Renter will only be considered final “after actual collection by the Lessor of the amounts due.
6.4 The Renter is fully informed that the sum paid upon order is a deposit, implying a firm and definitive commitment from the Renter. There is no” possibility of withdrawal for the Renter.
6.5 If the Renter cancels their order, once the order is registered, the “deposit will in all cases remain acquired by the Lessor. Any order cancellation must be addressed in writing to the Lessor (registered mail with acknowledgment of receipt only). In any event, any cancellation of the rental less than 5 weeks before the” boarding date will result in the Renter being charged, as a penalty, the full remaining rental price. However, if the Lessor manages to re-rent the Vessel for the same period under the same conditions, the deposits will be refunded, less administration fees set at 40 EUROS. The Renter may take out cancellation insurance with their “insurance company.
6.6 In case of” Renter’s impediment caused solely by a case of force majeure affecting the Renter or the Renter’s death, the rental contract may be canceled by the Renter or their beneficiaries upon production of proof. In this case, only the “deposit will be retained by the Lessor.
6.7 Failing to receive payment of the balance of the rental price within the deadlines mentioned above, the Lessor will not be obliged to keep the rental. After formal notice sent by the Lessor to the Renter by registered letter with acknowledgment of receipt remaining unsuccessful for 8 days, the rental will be considered canceled due to the Renter. The provisions set out below will then apply, the date retained to determine the amount of penalties will be the date of” sending by the Lessor of the letter notifying the Renter of the “effective cancellation of the rental due to late payment. The Renter will” immediately pay the amounts charged to them.
6.8 In the event of regularization of the situation, which can only occur subject to the express agreement of the Lessor, a penalty equal to three times the legal interest rate must be paid by the Renter for the entire duration of the late payment of the remaining amount due.
Article 7: Use of the Vessel/Responsibility
7.1 The Renter undertakes to use the vessel under their sole responsibility. Unless prior written agreement from the Lessor, sub-leasing, lending the boat, or changing the skipper are strictly prohibited, under penalty of prosecution, with all costs borne by the Renter. No later than before departure, the Renter and their skipper are required to provide the Lessor with a photocopy of their passport. The Renter must provide the Lessor with a crew list including the full contact details of all persons on board.
7.2 The Vessel has a motorized dinghy. It only allows a limited number of passengers to embark simultaneously.
7.3 It is the Renter’s responsibility to inform the Lessor if one or more persons require assistance or have special requirements (including in cases of respiratory insufficiency, allergies, disability, or reduced mobility requiring a cane or reinforced gangways) before finalizing the reservation, to ensure that the necessary measures for the provision of the requested services can be put in place, in accordance with the planned structures, provisions, and onboard services. It should be noted that the Vessel is not designed to accommodate persons with reduced mobility or in wheelchairs.
7.4 The Renter will designate a skipper of their choice who will assume responsibility for the operation of the Vessel. The designated Skipper will be responsible for the Vessel entrusted to them; in this, they are the sole master on board and can alone decide the navigation itinerary. The Renter certifies that the skipper has the necessary knowledge to carry out the planned navigation. A certificate will be completed for this purpose by the Renter or the skipper. They must ensure the boat remains in good navigable condition during the period of responsibility, as well as its routine maintenance. The boat Renter is responsible, under the laws and regulations on recreational navigation in 3rd, 2nd, 1st category, for keeping the logbook throughout the charter period. This logbook, provided by the Lessor, must contain indications on navigation and all incidents and damages related to the boat and navigation. If the Renter is not the skipper, they will personally ensure that the skipper complies with their obligations and will be held accountable to the Lessor. Any omission or negligence in keeping the logbook will be liable to hold the Renter fully responsible or justify their appeal.
The recruitment of a skipper will be subject to a contract concluded between the said skipper and the Renter, who will in any case remain liable for any potential failure of their employee towards the Lessor.
The Renter undertakes to use the dinghy in accordance with its intended purpose and to respect the payload and/or the number of persons on board, with the presence of individual buoyancy equipment per person on board and a luminous signaling device in compliance with the provisions of Division 240.
The Renter certifies that they hold a boat license or certificate of competency, a photocopy of which must be provided.
The lessor reserves the right to refuse to provide the boat if the skipper or crew do not appear to have sufficient competence, notwithstanding the references, marine CV, and licenses presented. A skipper or cruising sailing instructor will be offered for the entire stay. This service will be at the expense of the lessee. In case of disagreement by the lessee, or if a skipper/instructor is unavailable, the sailboat must remain at the home port for the entire rental period, without modification of the rental price, and the lessee must pay the inherent port fees.
7.5 Unless expressly agreed by the Lessor, animals are not allowed on board the Sailboat. An additional cost may be requested from the Lessee if an animal is on board the Sailboat.
7.6 Smoking or vaping is strictly prohibited inside the Sailboat.
7.8 Children are solely the responsibility of their parents, and life jackets are mandatory during navigation. The Lessee releases the Lessor from all responsibility regarding their supervision, which must be carried out directly and permanently by the parents.
7.9 The Lessor excludes all liability if the Lessee is disembarked due to their behavior. In the event of the Lessee’s disembarkation, whether on their own initiative, that of local authorities, for any reason whatsoever: non-compliance with travel documents, personal convenience, health, fitness, behavior, illegal acts, etc., the Lessor shall not be obliged to provide any assistance or cover any costs (accommodation, repatriation, fines, legal assistance, medical, etc.). In the aforementioned cases, no refund will be granted to the Lessee.
7.10 The boarding of any illicit weapon, substance, or material (including spearguns, harpoons, etc.), in France and/or in the countries visited, is strictly prohibited. Any fine or financial consequences of non-compliance with this rule, for both the passenger and the Lessor, shall be the sole responsibility of the Lessee.
7.11 In the event that the Lessee commits an offense contrary to the laws of a country, which results in the detention, seizure, confiscation, or fine of the Sailboat, the Lessee shall be obliged to indemnify the Lessor for any loss, damage, or expense incurred as a result of these sanctions, and the Lessor shall be entitled to immediately terminate the rental agreement due to the exclusive fault of the Lessee.
7.12 The Lessee is informed that any navigation may involve breakdowns and/or damages requiring the immobilization of the Sailboat for a certain period. In this case, the Lessee’s reimbursement cannot exceed the pro rata temporis of the Sailboat rental amount corresponding to the period of deprivation of enjoyment.
7.13 The Lessor is “not responsible for losses or damages caused in any way to objects belonging to the Lessee. The Lessor disclaims all responsibility in the event of an” accident occurring as a result of the practice of “activities, water sports, or land sports, practiced by the Lessee during the cruise, or ashore during stopovers. In these cases, the Lessee must” have their own insurance. In the event of an “accident, or contravention of local rules, the Lessor has no duty of” assistance or repatriation, the consequences of which remain entirely the responsibility of the Lessee.
7.13 It is advisable for the Lessee to take out travel insurance covering all incurred risks, in particular: cancellation, repatriation, loss and theft of luggage, medical expenses, accidents, legal assistance, cancellation of airline tickets or other transport tickets, consequences of “delay. Any accidents occurring during the rental would only be covered by the Lessor’s civil liability insurance if there was fault on their part. In the” absence of fault causing the “accident, it is exclusively the” Lessee’s insurance that is concerned.
7.14 The Lessor may sometimes provide information on local “excursion possibilities or on different service providers. The Lessor has no control over these service providers, receives no remuneration from them, and disclaims all responsibility in the event of any problem whatsoever.
7.15. To limit any unnecessary inconvenience, the Lessee will be asked to follow the instructions given when handing over the keys, both for the” use of the Sailboat and its instruments, and for the “use and maintenance of the tender engine. In the event of damage and the need for” intervention due to non-compliance with the instructions, compensation may be requested by the Lessor. A list of vigilance points to be observed will be provided. The “explanation of this will be given during the handover of the Sailboat and just before the handing over of the keys. This must be signed to allow the handing over of the keys. The handing over of the keys can also only be done once the” inventory has been signed. The non-submission of the signed inventory to the lessor constitutes acceptance of the boat in working order and complete according to the “standard inventory signed by the lessor. When returning the Sailboat, if the” redelivery inventory is not carried out due to the lessee’s delay in redelivering the boat, or other incidents due to their fault, the lessor will carry out this inventory alone, which will be notified to the lessee. Unless denounced by the latter within two days of notification, this inventory will be presumed to have been contradictorily accepted by the contracting parties.
A list of mandatory documents will be given to the lessee:
– Ship’s French registration certificate
– Navigation and circulation titles
– Special safety inspection verification log established by the ship’s manager
– Owner’s manual
– Copy of the general and special insurance conditions
7.16. The Lessee must inform the Lessor of any damage occurring during the rental period by email within 12 hours following the incident. This email must be accompanied by a sea report accurately and faithfully describing the facts. Failing this, the Lessee will directly bear the consequences of a late declaration which could lead to the insurer not covering the claim.
7.17. The Lessee must return the Sailboat in a suitable state of cleanliness for the cleaning team (dishes clean and put away, trash emptied) and in perfect working order. Failing this, the costs necessary for restoring the sailboat will be fully charged to the Lessee.
Upon return, the diesel tank must be full. Failing this, the missing diesel will be invoiced, with an additional charge of 200 euros.
The lessee is obliged to return the boat on the agreed days, times, and locations. Should the boat be returned to another port, all costs inherent in its repatriation to the departure port will be borne by the lessee with a minimum charge of 300 euros.
Each day of delay entitles the lessor to compensation equivalent to double the daily price of a weekly rental, regardless of the cause of departure. The rental and late fees will only end with the return of the vessel under the conditions stipulated in the contract. Also at the lessee’s expense are any accommodation costs for the subsequent lessee, as well as the lessor’s costs for search, travel, telephone, etc. Furthermore, in case of force majeure preventing return on the agreed date, the lessee must contact the lessor and agree with them on the terms of return; bad weather cannot be invoked as a valid reason for delay, as the skipper must take precautions to prevent this eventuality.
Article 8: Sailboat Insurance
8.1 The Lessor has taken out a multi-risk insurance policy.
The insurance covers all accidents that may occur to the Sailboat and accessories, excluding damage caused to passengers’ personal belongings and effects, and accidents occurring while a passenger was intoxicated or under the influence of drugs or narcotics.
8.2 A copy of the insurance contract is available to the Client.
Article 9: Termination by the Lessor
9.1 In cases where, following damage incurred during a previous rental, or exceptional weather conditions, the Lessor could not provide the enjoyment of the Sailboat on the agreed departure date, the rental contract will be automatically terminated, and the Lessor will be obliged to refund the sums paid to the Lessee. The Lessor has the option to provide the Lessee with a unit of equivalent or larger size; the rental price will remain unchanged, only the deposit corresponding to the provided unit will be requested. If the Lessor cannot do so within 48 hours before the scheduled departure date, the sums paid will be refunded without the lessee being able to claim damages or interest.
In all cases, any compensation that the Lessor may be required to pay to the Lessee cannot exceed the price of the Sailboat rental. The parties may always agree, if they so choose, to postpone the rental, without compensation from either side.
9.2 Non-payment of the rental balance will result, 8 days after the sending of a formal notice by registered letter with acknowledgment of receipt, in the termination of the rental contract, at the Lessee’s fault. The Lessor will retain the deposit paid, without prejudice to any other damages.
9.3 When the Lessor is obliged to modify the terms of the rental contract before the departure date (excluding cases of force majeure), they will immediately inform the Lessee and bear all costs inherent to this change. In the event of a significant modification, causing organizational disruption for the Lessee (such as a change of departure date or departure port), the Lessee may cancel their order.
The Lessor will then be obliged to refund the sums paid to the Lessee. Any compensation that the Lessor may pay cannot, in any case, exceed the rental price.
Article 10: Force Majeure
The Lessor excludes all liability for non-performance of any of its obligations due to a case of force majeure within the meaning of the provisions of Article 1218 of the Civil Code, i.e., related to any event beyond the Lessor’s control, which could not reasonably have been foreseen at the time of concluding the cruise contract and whose effects cannot be avoided by appropriate measures.
Such events shall include, but are not limited to: acts, events, non-events, accidents, “Acts of God”… beyond the Lessor’s reasonable control, including riots, blockades, invasion, war, fire, explosion, sabotage, significant weather problems, pandemic, collision, grounding, governmental act or regulation (including advice from the Ministry of Foreign Affairs of the issuing country imposing a suspension of the destination), major technical breakdown, serious illnesses, or requiring a diversion during the period of use (international maritime regulations impose assistance and rescue at sea).
The Lessee undertakes to tolerate necessary rescue interventions and any delay or inconvenience that may result from “a case of force majeure. In the event of problems due to force majeure, the Lessor cannot be held responsible and will have no obligation to provide a replacement vessel or accommodation, reimbursement, repatriation, or compensation of any kind, particularly for the costs of returning from the disembarkation port to the Lessee’s home.
If, due to” a force majeure event, the rental contract cannot be executed on the scheduled dates, the rental contract will be automatically terminated, without compensation from either “party. The” deposit will then be refunded to the Lessee no later than 14 days after the termination of the rental contract.
Article 11: Personal Data
11.1 Information related to the Lessee’s order is subject to automated data processing. The purpose of this automated data processing is the management and monitoring of the Lessee’s orders, invoice tracking, customer relationship management, the “sending of” commercial information on rental and/or cruise proposals, and the management of customer reviews on the service.
11.2 The data controller is the Lessor.
11.3 The data processed will be:
– the Lessee’s last name, first name, date of birth, postal address, email address, and phone number.
– the last name, first name, and date of birth of passengers registered by the Lessee.
11.4 The recipients of the data will be the Lessor and its potential subcontractors exclusively within the framework of the management, execution, processing, and payment of orders, as well as for commercial information operations or review collection. The Lessor does not transmit the Lessee’s data to third parties.
11.5 The Lessee is informed that they may at any time object to the sending of commercial messages by the Lessor and/or its subcontractors by sending an email to the Lessor at: contact@isula-aventure.fr
11.6 The Lessee’s data can only be transferred to member countries of the European Union.
11.7 In accordance with applicable regulations, the Lessee has a right of access, rectification, deletion, opposition, limitation, and portability regarding their data.
11.8 To exercise these rights, the Lessee must send an email to the Lessor at contact@isula-aventure.fr. Certain requests to exercise rights (right of access) must be accompanied by a photocopy of an identity document bearing the Client’s signature to verify their identity and specify the address to which the response should be sent. The Lessee also has the right to lodge a complaint with the Commission Nationale de l’Informatique et des Libertés (CNIL), particularly on its website www.cnil.fr.
Article 12 – Security Deposit
The security deposit is made exclusively by credit card. The lessee must ensure in advance the conditions and authorized credit with their banking institution to allow the deposit. American Express cards are not accepted. The deposit is paid by the lessee when taking possession of the boat. The purpose of the deposit is to guarantee damage to the rented property (and annexes) or partial loss of items, attributable to the lessee and not covered by insurance. The amount of the deposit does not constitute a limit of liability enforceable against the lessor, who always retains the right to seek compensation for damages suffered, without prejudice to the recourse of third parties, particularly the boat owner.
The deposit is returned within a maximum of one month after the return of the boat. In case of deterioration of the rented property or losses not covered by insurance and attributable to the lessee, where doubt remains, the return of the deposit may be deferred until the corresponding costs are settled by the lessee. The return of all or part of the deposit is made based on the contradictory findings. The lessor is obliged to refund a payment made in this regard subsequently by the insurance.
No rental can be effective without a security deposit made by credit card; no refund of the down payment can be requested in case of non-deposit of the security by credit card.
Subscribing to a deductible waiver contract does not exempt from the security deposit.
Article 13: Prior Claim and Mediation
13.1 These general conditions are subject to French law.
13.2 The Lessee must address any claim concerning the execution or interpretation of these general conditions electronically to: contact@isula-aventure.fr.
13.3 In case of dispute, the Lessee may resort to the conventional mediation procedure or any other alternative dispute resolution method under the conditions of Article 1528 et seq. of the Code of Civil Procedure.
In accordance with articles L 612-1 and L 616-1 of the Consumer Code, the Tenant may freely use the MEDICYS mediation service, either electronically at medicys-consommation.fr or by post at MEDICYS, 73 boulevard de Clichy, 75009 Paris, for all claims related to a service that occurred within the last 12 months and has already been submitted to the Lessor.
This referral will only be possible for the Tenant if the dispute has not been previously examined or is not currently being examined by another mediator or by a court, and if the Client is not a professional.