GENERAL TERMS AND CONDITIONS OF SALE
These general terms and conditions of sale apply automatically to all boat hires offered by Filovent, including on its website at www.filovent.com.
Any booking or order entails the Client’s unconditional acceptance of these terms and conditions.
By ticking the box provided for the purpose, Clients confirm that they have read and understood these terms and conditions and agreed to them before placing any order or making any booking.
Filovent reserves the right to adapt or amend these general terms and conditions of sale at any time. In the event of amendment, the applicable terms and conditions will be those in force on the day the order is placed.
For the purposes hereof, the terms listed below take the meaning set out in this “Definitions” section.
Hirer or Client: You
Owner: The owner of the boat or his/her representative
User: Any user of the Site and the Service, whether Owner or Client
Filovent: The company known as FILOVENT or We/Us, being a French limited liability company (Société à Responsabilité Limitée), with authorised capital of €13,014, having its registered office at 14 avenue André Morizet, 92100 Boulogne, France, registered on the Nanterre Trade & Companies register under number 403 240 666.
We can be contacted as follows:
By mail: Filovent / Sirius Partner - Calle Vallirana 30, 3.2 - 08006 Barcelona, Catalunya – Spain
By telephone: +33 (0)1 70 80 97 52
By fax: +33 (0)1 72 70 47 32
By email: email@example.com
Filovent has been appointed by boat owners or their representatives to rent out various boats for recreational purposes. Filovent accordingly offers various boats for hire, including on its website.
Filovent thus acts as an intermediary, the actual hire contract being concluded directly between the Owner and the Client.
These general terms and conditions of sale govern the relationship between the Client, the Owner and Filovent.
It should be noted that some Owners also have general terms and conditions of sale applicable to the hire of their boat(s), and these will be provided to you before concluding a hire contract with the Owner concerned.
Relationships between the Hirer and Owner are governed by the Owner’s general terms and conditions if any, otherwise by these general terms and conditions.
Relationships between Filovent and the Hirer are governed solely by these general terms and conditions; the Hirer’s terms and conditions if any are not binding on Filovent.
In the event of contradiction between the Owner’s general terms and conditions and the present document, the Owner’s general terms and conditions will prevail as regards the relationship between Hirer and Owner.
If the Owner has no terms and conditions, the present general terms and conditions apply to the Owner.
If, for any reason, any of the present general terms and conditions should come to be deemed unenforceable, this unenforceability will not affect the applicability of the other provisions hereof, and the provision deemed unenforceable will then be replaced by the closest possible alternative provision.
Clause 1: Services offered by Filovent
1.1. Filovent acts as a simple intermediary between the Client and the Owner. Under no circumstances can Filovent be held liable for actions, commitments, negligence, non-performance, or any loss or harm arising from the relationship between the Client and the Owner.
1.2. We do our utmost to illustrate the proposals presented on the www.filovent.com website with photographs giving a realistic overview of the services offered. The photographs shown in the descriptions are for illustrative purposes only and are therefore not contractually binding.
1.3. Likewise, the advice on circuits, routes and sailing times provided by Filovent is given for information purposes only, and is also not binding on Filovent.
1.4. Filovent cannot be held liable as regards services offered by partner service providers, such as CSA the insurance broker, or Holiday Taxis’ transfer service, as these are provided by third parties.
Clause 2: Placing and confirming an order
2.1. To place an order, you must make the request by email, phone or through our online quote request system. You will be asked to supply your full name and email address.
2.2. Following each complete request, Filovent will email you a quote. At the same time, you will receive a link to access your Client area, so you can track the progress of your quotes and bookings. Clients undertake to maintain a valid electronic mail address while they are using the service. Filovent cannot be held liable if you fail to read emails sent to the email address you have provided.
2.3. Upon receipt of your agreement to the quote, we will send an email informing you that the hire contract is available in your online Client account. After having read and accepted Filovent’s and the Owner’s general terms and conditions of sale, you can complete the hire contract and indicate your acceptance directly online.
2.4. The order will not be fully registered until final confirmation is received. This last "Click" is considered to be an electronic signature as stipulated in the French Civil Code and in particular under Article 1367.
2.5. The legal provisions relating to distance selling stipulated in the French Consumer Code state that the cooling-off period is not applicable to tourist services (Article L.221-28 12° of the French Consumer Code). Consequently, you have no right of retraction for any order for services placed with Filovent.
2.6. Once the order has been registered, Filovent will send you an email confirming the order. By keeping this email and printing it, you will have proof of your order.
2.7. If, unusually, your order proves impossible to fulfil because of the unavailability of the boat hired, we will contact you immediately (usually within 48 hours) with an alternative proposal. If the alternative proposal does not meet with your approval, we will refund your hire payment immediately.
Clause 3: Crew List, Nautical CV, Boat licence
3.1. Using the link provided by Filovent, Hirers can access their Client accounts, where they must without fail update information relating to their crew list and the skipper’s nautical CV. This formality is however not required for hires with a professional skipper.
3.2. The Hirer expressly undertakes to provide complete and truthful information to Filovent and to update it using the Client account, said information being intended inter aliafor insurers and/or local authorities.
3.3. If the Hirer does not complete the crew list and nautical CV using the online Client account before the hire contract’s effective date, the contract will be cancelled, any down payments made will be kept and those owed will be claimed.
3.4. The information provided will be forwarded to the Owner, who may ask for it again for the hire contract to take effect. The Client undertakes to provide it again if necessary.
3.5. Any omission or inaccuracy in the crew list and the CV may also lead to delays in taking possession of the boat, cancellation of the contract or, in the event of a dispute or claim, release the Owner and/or Filovent from any liability.
3.6. The Client must ensure that the skipper, if not appointed by the Owner, has a valid boat licence and/or VHF certificate that is compliant with the type of boat (sail or motor), the sailing area and the skipper’s nationality. Filovent will not be held responsible if the licence presented when boarding the boat is not compliant and not accepted by the Owner. When hiring for inland waterways, when a full boat licence is not required, a pleasure craft card will be given to you by the Owner upon boarding after a short familiarisation training course about the boat and navigation on inland waterways.
3.7. The minimum number of passengers for a boat hire is two people, including one adult (aged 18+ on the date of boarding). The second person must be at least 16 years of age (aged 16+ on the date of boarding). For "Vision" (and similar) inland waterway craft, the minimum crew is 4, including the Hirer.
3.8. Clients are hereby informed that when sailing in Greece, the local authorities require the Client to have a skipper and co-skipper in the crew, except for boat hires with a professional skipper, in which case a co-skipper is not mandatory.
3.9 Clients are hereby informed that when sailing in Croatia, the high-seas license (or equivalent license issued in another country) is mandatory for skippers of boats over 30 gross tonnage (GT), i.e. the equivalent of catamarans and motor boats of 45 feet and over, or monohulls of 62 feet and over.
3.10 The client must ensure that all participants to the cruise, including children, and even babies under the age of two, are in possession of valid documentation to travel to the country (or countries) that will be crossed or visited during the trip (example: many countries require that the passport be valid 3 to 6 months after the trip).
Clause 4: Prices
4.1. Prices shown in the contract are binding and final. They include the price of boat hire plus any additional services the Client might have requested that are paid directly to Filovent (professional skipper, hostess service, pet supplement, cleaning charge, etc.).
4.2. The price paid also includes management fees in the amount of:
- €32 for hires costing up to €1,000
- €36 for hires costing from €1,000 to €2,000
- €40 for hires costing from €2,000 to €3,000
- €44 for hires costing from €3,000 to €5,000
- €48 for hires costing more than €5,000
Clause 5: Items not included in the hire price
5.1. The Hirer is to pay for the following: motor fuel, lubricant, spark plugs, cooking fuel, batteries, any port charges, any repairs that might be needed, and in general, any consumables necessary for proper operation and maintenance of the boat during the hire period.
5.2. Furthermore, any port taxes, local taxes, customs clearance fees, airport taxes, boarding taxes and cruise taxes are not included in the hire price. These are to be paid by the Client to the relevant authority as and when they arise.
5.3. Unless otherwise stated in the Owner’s general terms and conditions or specific contract, the Hirer will pay the members of the professional crew (skipper, hostess, sailor, cook, etc...) for their services directly. The cost of these services will have been provided at the time Filovent issued its hire quote. The quoted remuneration may vary slightly depending on exchange rates.
5.4. Under an inland waterways rental, an hourly navigation charge applies to cover the cost of fuel per engine hour. On departure the fuel tank will be full. You will then be charged upon your return by the Owner depending on the number of engine hours you have logged. This charge varies depending on the category of the boat and the number of navigation hours. The hourly navigation rate is subject to change if the price of fuel increases. Certain bases allow you to buy a lump-sum deal before departure which takes no account of the number of hours logged.
In addition, an advance on fuel costs may be required before departure, the amount being determined by the category of the boat.
Clause 6. Payment terms & conditions
6.1. Depending on the Owner’s general terms and conditions, of which the Client will be informed when the quote is sent, the Client will be obliged to pay 40% or 50% of the total hire price when making the booking.
The balance of the hire price will be due, depending on the Owner’s stipulations, between 6 and 10 weeks before the actual boarding date.
6.2. Card payments can be made using Visa and EuroCard MasterCard. The charge will appear on your statement as “Filovent”. Filovent uses Paybox Servicesto ensure bank card payments are securely and successfully completed. Cardholders who do not reside in France making a payment on this site may be liable for cross-border transaction fees charged by the card issuer.
6.3. Filovent uses a secure SSL payment system. The SSL secure server ensures the reliability of payments by encrypting all personal data that we require to process your order (names, addresses, email address, bank details) at the point it is entered. It is then impossible to read this data while it is sent over the internet.
6.4. It is also possible to pay by giving your credit card number over the telephone on +33 (0)1 70 80 97 52. Confidentiality is also ensured using this method.
6.5. When paying the down payment using a bank card, Clients expressly agree that their bank details can be kept so that the balance of the hire price can automatically be charged to the card used for the down payment, on the date stated in the contract. Clients are informed of this stipulation prior to making the down payment.
Clients are further informed that their bank details are automatically deleted from our records once the hire contract has been entirely fulfilled.
6.6. We accept bank transfers. Any bank charges that might result are to be paid by the Hirer.
6.7. Payments by cheque are not accepted unless authorised beforehand in writing by Filovent.
6.8. Payments made by Clients to Filovent are not deemed definite until the amount owed has fully cleared.
Amounts paid in advance earn interest at the statutory rate during the period from 3 months after payment is made until the service is provided. This interest is deducted from the balance to be paid at the time the service is provided.
6.9. If payment of the hire price is not received within the deadline stipulated above, Filovent is under no obligation to provide the hire service, the order for which will be deemed cancelled by the Hirer. The cancellation penalties stipulated below will then be applied. The date used to determine the amount of these penalties will be the date that Filovent sends the letter informing the Hirer of the effective cancellation of the hire on the grounds of late payment. The Hirer is to pay penalties owed immediately.
Cancellation penalties when instigated by the Hirer’s actions:
- 60 days or more before departure: the booking down payment equating to 40% or 50% of the full hire price;
- Less than 60 days before departure: 100% of the full hire price.
If the situation is resolved, which can only occur with Filovent’s express agreement, the Hirer must also pay a penalty equal to 3 times the statutory interest rate for the entire period the amount owed was overdue for payment.
Clause 7: Use of the boat - Responsibilities
7.1. The Hirer must be of age. The Hirer undertakes to use the boat with due care and attention, and to comply with inland and maritime navigation regulations, any instructions given by the Owner and the river or maritime authorities, and the laws and regulations of the countries visited. The Hirer will refrain from navigating after dark.
7.2. The Hirer undertakes to use the boat only for pleasure boating; this excludes any commercial transaction, commercial fishing or transport services, regattas or any other.
7.3. Towing, subletting and loan of the hire boat are strictly forbidden.
7.4. The Hirer agrees to allow only the authorised number of persons on board. In the context of an inland waterways rental, the boat can only be driven by persons who have completed the required training and are named as such on the pleasure craft card issued at the end of said training.
7.5. The Client is responsible for property in the Client’s custody and undertakes that under all circumstances, the person who has control of the vessel will have the required skills and qualifications or, in the case of navigation on inland waterways, be named on the pleasure craft card issued following the training given by the Owner before boarding the boat.
The Client is hereby informed that if this provision is not followed, the forfeiture of and exclusions from cover stipulated in the insurance policy for the boat hired will apply.
7.6. Unless otherwise stipulated in the Owner’s general terms and conditions or specific contract, animals are not allowed on board the hire boats. In the event pets are permitted on board the boat hired, the Hirer must under no circumstances use the equipment provided (bedding, crockery, etc.) for animals, and must supply all items needed for said animals on the boat. In addition, some Owners will require a “pet” supplement to be paid for cleaning costs related to the presence of an animal on board.
Clients must consequently ask for a “pet” supplement to be added when requesting a quote from Filovent; note this might be refused if the Owner is not willing to allow animals on board the hire boat. Otherwise, the amount of “pet” supplement payable will be stated in the quote provided to the Client. In all cases the Client must request a written agreement and the cost of the pet supplement from Filovent.
7.7. Hirers must obtain independent information about the navigation category and the boat’s construction and authorised navigation areas. They can navigate only in the waters of countries in which navigation is permitted for the boat in question.
7.8. The Hirer is responsible for keeping the logbook, a copy of which is provided by the Owner. The logbook serves to record all information about navigation of the boat hired, such as the occurrence of any damage to the boat or any incidents arising during navigation.
7.9. In the event of loss or damage during the rental period, the Hirer must first inform the Owner to receive instructions, before commissioning any repair or replacement of equipment, for which the Owner is responsible. The Owner will be reimbursed for the cost of repairs on presentation of the relevant invoice whenever the loss or damage is not attributable to the Owner.
7.10. In the event of serious loss or damage (dismasting, taking on water, fire, etc.) the Hirer is required to urgently notify the Owner so that the Owner’s insurance company can appoint a marine loss adjuster to note the damage and assess the cost of the repairs required.
In the event that the Hirer does not do so, the Hirer might become fully liable to the Owner and could be required to pay all the costs incurred as a result of the damage.
7.11. Any loss of use resulting from damage arising during this rental will not entitle the Hirer to any refund, even partial, with respect to said rental, irrespective of the cause of the damage, except where the damage cannot in any way be attributed to the Hirer. In such cases, the refund cannot exceed the pro-rated rental charge corresponding to the amount of time the Hirer loses use of the boat.
7.12. Even when a professional skipper is engaged, the Hirer retains full responsibility for the boat and its crew. The Hirer must provide a cabin for each crew member (skipper, hostess, sailor, etc.). The cost of meals for members of the professional crew is paid by the Hirer. Clients are moreover informed it is customary to tip about 5 to 10% of the hire amount to crew members.
7.13. The Hirer expressly releases the Owner from any liability arising by reason of a breach of the Hirer’s own obligations and will take sole charge of responding to the persons concerned in legal proceedings, prosecutions, fines and confiscations incurred by the Hirer in this respect. If the hire boat is seized as a result of the Hirer’s wrongdoing, the Hirer will be required to pay the Owner compensation corresponding to the hire charge in force. The Owner will also have the option of undertaking any action against the Hirer for the purposes of regaining possession of the hire boat and making good any loss or harm sustained from the hire boat not being returned.
7.14. The Hirer is required to keep watch on the hire boat at anchor. Unattended boats at anchor are not covered by insurance.
7.15. The Hirer is responsible towards crew members for risks related to navigation, bathing or swimming, and weather hazards. Children are the sole responsibility of their parents and the wearing of lifejackets is mandatory during navigation.
7.16. In preparation for the cruise, where the Hirer skippers the boat or appoints a crew member to the role of skipper, said skipper:
- assumes responsibility for his/her choices, particularly with regard to the choice of boat and safety equipment on board;
- ensures the boat is properly maintained and in good condition;
- ensures the crew is competent and physically fit;
- prepares his/her navigation, and then the boat accordingly;
- obtains information about the weather and makes sure the boat and crew are able to cope with them;
- reviews the procedures to follow in the event of difficulty or damage and informs the crew of same upon boarding.
During navigation, where the Hirer skippers the boat or appoints a crew member to the role of skipper, said skipper:
- tracks changes in weather conditions;
- monitors his/her route, maintains his/her position and keeps a record on a paper map;
- respects marine and inland waterway fauna, flora and environments;
In all circumstances:
The skipper shows respect and courtesy towards other pleasure and professional sailors.
7.17. If the Hirer decides to abandon the cruise, except in the event of a sudden and prolonged impassability of the waterway or a force majeure situation, the Owner will invoice the Hirer for the cost of returning the boat to its return base plus penalties equal to twice the daily hire charge for each day that the boat is late.
7.18. Impassability of the waterway (for inland waterway hires)
In the event of flood, low water, limitations imposed on a sector (owing to flood or drought), damage suffered by the waterway and any other event making navigation impossible or difficult, the Owner may, strictly proportional to the constraints brought about by these events, alter the place and/or date of departure of the cruise, the Hirer being informed of same beforehand. If these same circumstances make navigation impossible, the sums paid by the Hirer may be refunded or credited towards a subsequent trip, depending on the possibilities open to the Owner. These provisions apply when such circumstances occur during a cruise whenever immobilisation lasts longer than forty-eight hours.
7.19. One-way cruise - Trip from one base to another (for inland waterway hires)
Hirers are hereby informed that the route chosen and direction travelled cannot be confirmed by the Owner and become definite only two days before the scheduled boarding date. Even when accepted by the Owner at the time the Hirer makes the booking, this service is never actually guaranteed because of unpredictable factors that might affect service provision. The Owner may therefore, for legitimate reasons, and in exchange for refunding the additional costs resulting from a one-way trip, impose a return trip on a Hirer who wished to make a one-way journey. It is essential to contact the base (Filovent will provide contact details) 48 hours before departure for confirmation.
Clause 8: Navigation area and route
8.1. The boat is hired only for the navigation area mentioned in the Owner’s general terms and conditions or specific contract as supplied to the Client at the same time as these general terms and conditions of sale.
8.2. New regulations and geopolitical and weather problems mean that Filovent cannot guarantee navigation from one country to another, and the Hirer will be informed of this.
8.3. Filovent cannot be held liable for any deterioration in the Hirer's security during a cruise as a result of political instability, migration by people, acts of piracy at sea, or any form of criminal activity in the region.
8.4. All routes provided and mentioned on Filovent’s website are for guidance only. Filovent cannot guarantee any route, in particular one dependent on weather conditions.
8.5. For trips departing from the south of France to Corsica/Sardinia the hire period must be at least 14 days. For a crossing to the Balearic Islands, the hire period must be at least 21 days. The boat may be fitted with a "Tracker" or similar geo-positioning system by the Owner. Filovent has no access to data collected by such “Trackers”.
8.6. A crew of at least 2 adults is recommended for crossing the Etang de Thau (a lagoon between the Canal du Midi and the Canal du Rhône at Sète). The Client must keep informed about weather conditions and plan the route before any crossing, as navigating conditions can be difficult in strong winds. Filovent declines any liability if the Etang de Thau is closed because of very strong winds (greater than 3 on the Beaufort scale), and the Client will need to plan another route; no claim for compensation will be accepted. Secondly, in the case of a one-way trip including crossing the Etang de Thau, the Client must obtain information about the weather and organise the trip according to the weather conditions in order to be able to return the boat to base on time.
8.7 For inland navigation, manual locks are closed on public holidays and this may affect the cruise itinerary.
Clause 9: Taking custody of the boat
9.1. The description of the boat and its equipment and fittings forms an inventory that must be given to the Hirer at the same time as the obligatory official table of instruments, documents and nautical equipment and the vessel’s safety certificate. The Hirer has 24 hours from the time of taking custody of the boat to check that the boat and its equipment are in a good condition. Signing the handover document is deemed recognition by the Hirer that the boat is clean and in good working order, with the exception of latent defects.
9.2. A deposit of an amount at least equivalent to the insurance excess must be deposited with the Owner before boarding on the day of departure. The Owner may retain an amount equating to the amount of damage caused in the event of an accident. Documentary evidence justifying the amount retained will then be sent to the Hirer. Some of our partners may also require a cleaning deposit and this will be stipulated on the hire contract.
9.3. In any event, the boat is only given over to the Hirer’s custody when the balance of the hire price has been settled, the deposit paid and the inventory signed.
9.4. The departure and return inventories must be signed by the Hirer and the Owner. The Hirer will have no recourse against Filovent or the Owner if the inventory is not signed upon departure and return.
9.5. Boarding corresponds to the Hirer’s arrival on the boat hired and not the boat’s departure from the port or marina. In fact, as the inventory and familiarisation with the boat require several hours, it is common for actual departure from the port/marina to occur the next morning. Disembarkation means the time by which the Hirer must leave the boat. Return to port must always occur the day before when disembarkation is scheduled for the morning.
9.6. In the event of provision of a hire boat in a port other than its home port, Filovent cannot be held liable for any delay resulting from a force majeure situation or unforeseen weather conditions.
9.7. Unless previously agreed in writing, cruises begin and end on the days and in the places indicated in the hire contract. However, the Owner reserves the right for operational reasons and/or because of weather conditions, and strictly proportional to the constraints imposed by the situation, to change the place of boarding or disembarkation and to change a return cruise into a one-way trip, in the same region at no extra charge, the Hirer being informed of same beforehand.
9.8. Comfort, leisure and navigation equipment
Comfort and leisure equipment is considered to be items or equipment on a boat that are not essential to the safety or proper operation of said boat. Examples would include the air conditioning, desalinator, television, sound system, hi-fi equipment, solar panels, water skis, towable inflatables, windsurf board, stand-up paddle board, Bimini top, dinghy's outboard motor, spinnaker, gennaker, bow thruster, GPS tracker, electronic sounding system, speedometer, anemometer, autopilot, etc.
The absence or operating failure of one or more of the comfort, leisure or navigation equipment fittings or items initially included in the hire price, stated in the contract, and noted when conducting the inventory prior to departure, cannot bring about a total refund of more than 1/10 of the total hire price.
9.9. Extras, equipment, services or accessories charged in addition to the hire price, and stated in the contract.
If any extras, equipment, services or accessories noted when taking the inventory prior to departure and paid for by the Hirer fail to operate or are absent, the amount paid for said extras, equipment, services or accessories will be refunded in full.
Clause 10: Return of the boat
10.1. Hirers are required to return to the designated port within the deadline agreed in the hire contract, unless there is a different private agreement confirmed later in writing. Upon their return, the Hirer must report his/her presence to the Owner and make an appointment for the inventory and inspection of the boat, once it has been emptied of all luggage and occupants.
10.2. The rental period stipulated in the contract includes the time taken for cleaning and the inventory.
10.3. Each day of lateness will result in a compensation payment from the Hirer equivalent to twice the current daily hire charge, regardless of the cause of the delay. Bad weather will not be accepted as a valid reason, as the skipper must make all necessary arrangements in good time to deal with this eventuality.
10.4. If for any reason the Hirer is not able to bring the boat back to its designated port of return himself, the Hirer will ensure it is kept securely and have it returned by a qualified escort at the Hirer’s own expense and risk, after notifying the Owner of same. The Owner will charge the Hirer the cost of repatriating a boat to its return base. The hire does not end until the boat is returned to the Owner as stipulated above.
10.5 The Hirer is required to return the boat and its equipment in good working order and in a clean condition. If the boat’s condition on its return is satisfactory, the deposit will be returned to the Hirer no later than one month after the date the boat is returned.
10.6. If the boat is not returned in a clean condition, the Hirer will be charged cleaning costs unless a mandatory cleaning charge is stipulated in the hire contract. A cleaning deposit may be requested from the Hirer on arrival at the base, and returned on the day of disembarkation if the boat is returned in a clean condition.
10.7. The deposit covers the payment of costs incurred by accidental damage caused or sustained by the boat, its equipment or dinghy, the breakage or loss of items or equipment, poor maintenance of the boat and its equipment or dinghies during the cruise, the abandonment or the late return of the boat.
10.8. Should damage to or loss of the boat or any accessory listed in the inventory be found, the Hirer is required to pay for repair or an identical replacement. Money may be taken from the deposit to this end.
10.9. The Owner may claim payment from the Hirer or skipper of all expenses incurred, including any over and above the deposit amount, if the boat has been intentionally damaged or neglected.
10.10. If the damage or loss results from a claim covered by the insurance policy stipulated herein, refunding the deposit will be deferred until the insurance company has settled invoices for repairs and/or replacements. The deposit will be refunded minus the stipulated excess and any incidental expenses that might have resulted from the incident (telegrams, telephone calls, travel costs, reports and statements, security/caretaking services, etc.) with documentary evidence produced.
10.11. The Owner is not liable for any loss or damage caused to items belonging to the Hirer in any way whatsoever.
Clause 11: Cancellation by the Owner
11.1. In cases where, as a result of damage that occurred during a previous hire or any impediment beyond his control, the Owner cannot provide use of the boat on the agreed date, the Owner will have the following options: i) provide the Hirer with a boat of sufficient size to accommodate the Hirer’s crew departing from the same port/marina or one nearby; ii) to refund the sums paid by the Hirer; or iii) to accommodate the Hirer in a hotel or apartment as an alternative.
The refund will be proportional to the number of days of loss of use. In the event the Owner provides another boat, said boat must cost the same or more to hire, otherwise the Owner is to refund the difference in hire prices (list price with possible discount applied at the time of booking).
The Owner may also, subject to the Client's agreement, propose a smaller boat and refund part of the hire price in proportion to the rental value of the boat.
11.2. In the event the contract is cancelled through the Owner’s action before the hire contract’s effective date, the Hirer will be refunded all monies paid.
Clause 12: Cancellation attributable to or at the initiative of the Hirer
12.1. The period for which the hire contract has been concluded may only be changed with the agreement of the Owner, to the extent of possibilities open to the Owner, and in accordance with the stipulations of Clause 12.2.iv.
12.2. Non-adherence to a payment schedule, failure to meet any of the obligations herein, or a breach of the contract for any reason whatsoever, by the Hirer, will lead to cancellation of the hire contract.
The deposit is retained by Filovent and the balance of the rental remains due as follows:
i. • Where cancellation is attributable to the Hirer and occurs more than 60 days before the departure date:
1) the booking deposit, being 40% or 50% of the total hire price and inclusive of any extras payable at time of booking (see the hire contract), will be retained by Filovent, or due to Filovent if not yet paid.
2) The remuneration of any crew members (skipper, hostess, cook, etc.) to be paid in situon the day of boarding, will be due if not already paid in accordance with the booking deposit payment schedule stipulated in the hire contract.
ii. • Where cancellation is attributable to the Hirer and occurs less than 60 days before the departure date: 100% of the total hire price plus extras and the remuneration of any crew members (skipper, hostess, cook, etc.) to be payable to Filovent on the day of boarding will be retained by Filovent, or due to Filovent if not yet paid.
iii. • Special “flotilla” and “long term hire” cancellation conditions. As a departure from sections 12.2.i and 12.2.ii, all flotilla bookings (i.e. bookings of more than three boats sailing together) or long-term rentals (i.e. of longer than four weeks' duration) will be non-refundable firm bookings (100% of the total rental charge will be due regardless of the date of withdrawal from the contract).
iv. • Any booking change requested by the Client after the booking has been registered in the system, such as a change in the dates of stay, port of boarding or disembarkation, a change of boat, or a change in the name on the contract, will incur a charge of €50 plus any additional costs incurred by the change in question. The addition or removal of paid options is subject to a further charge of €20.
v • In addition, any contract change resulting in an increase in the total cost of the booking will be subject to immediate payment. The change will only be effective once the additional payment has been received.
vi • Management fees as stipulated in Clause 4 hereof and insurance premiums are retained by Filovent in the event of cancellation, regardless of the cancellation date.
12.3. Once the boat is supplied under the conditions stipulated in the contract, the full hire price will be retained, whether or not the Hirer has used the boat during the rental period, irrespective of any reason for not doing so.
12.4. To cover the risks mentioned in Clause 12.2, the Hirer must take out cancellation insurance where he/she is the insured party, and at his/her expense. The Hirer may take out such insurance when confirming the booking, or from the Client area on the www.filovent.com website, the link for which will be emailed at the time the hire contract is confirmed. Cancellation insurance will however not cover people who are not on the crew list.
12.5. Booking cancellations by the Client must be sent directly to Filovent from the Client area from the “My confirmed bookings” page, using the “Cancellation” section. Cancellation will take effect once the Client has received an acknowledgement of receipt by email. The date used to determine the applicable cancellation or contract change fees will be the date on which Filovent became aware of the Client's decision to cancel the booking. All cancellations are final.
12.6. Any payment that is incomplete, cannot be processed or is irregular or fraudulent for any reason not attributable to Filovent (postal delays, bank card limits, rejected bank transfers, etc.) will lead to the order being cancelled at the Client's expense as described in Clause 6.9, without prejudice to any civil or criminal proceedings that may be brought against the Client.
Clause 13: Boat insurance and excess
13.1. The Owner is to take out a fully comprehensive insurance policy covering the Hirer against:
i. • damage by the Hirer to the body of the boat, its accessories and equipment, partial or total theft and theft of the main engine (excluding the outboard and dinghy motors).
ii. • third-party claims for property damage and for bodily injury (civil liability).
The Hirer, however, remains liable up to the amount of the excess and/or the deposit.
13.2. The following are generally excluded from the boat insurance:
i. • accidents, damage and losses of any kind sustained by either the people travelling on the hired boat (the Hirer, guests, and crew) or their property.
ii. • fines and criminal penalties incurred while the boat is in the custody of the Hirer.
iii. • damage, loss, third-party claims and expenses resulting from intentional misconduct or gross negligence, towing fees arising after a navigating error, deliberate breach of safety or navigation rules, violation of navigation orders or restrictions, towing, actions of any member of the crew on land, use of the boat or its equipment or dinghies for criminal purposes, driving the boat while intoxicated or under the influence of drugs or substances - including medicinal products - affecting consciousness or the ability to react, using the boat for purposes other than private pleasure, exceeding the number of passengers authorised by the Owner, navigation outside the permitted areas, or by night for certain destinations, misrepresentations, and any malicious acts committed with the complicity of anyone onboard.
13.3. Individual insurance may be contracted by the Hirer for him/herself and the persons on the hire boat to cover the various risks referred to in the preceding paragraph. Filovent advises the Client to take out such insurance policies.
13.4. Cancellation insurance and/or damage waiver insurance can be offered at the base by the Owner. If the Hirer has taken out one or both of these insurance policies at the time of booking he cannot claim any kind of refund, even if the Hirer claims to have taken out or have wished to take out insurance that the Hirer considers more advantageous.
Clause 14: Personal data
Clause 15: Comments left on Filovent’s website
You may, if you so wish, leave comments on Filovent’s website to give feedback.
Clients are hereby informed that comments are managed by Avis Vérifiés, and that company’s terms and conditions, available here, describe how opinions published are checked and processed.
Clause 16: Specific requirements
In the event of special requirements (including respiratory insufficiency, allergies, disability or reduced mobility requiring a cane or reinforced footbridges), it is the passenger's responsibility to inform FILOVENT and the lessor by e-mail before finalising the reservation, in order to ensure that the necessary measures to provide the requested services can be put in place, in accordance with the structures, equipment and on-board services provided.
Onboard, the only source of power is the boat's battery (except top-of-the-range models equipped with a generator). If you use an electric converter you can convert the energy supplied by the battery from 12 volts to 220V for use of simple devices only, such as a telephone or tablet.
If you plan to carry a device requiring 220V or more (such as a hair dryer or health appliance), it is necessary to plan to stop at the dock each time you use it and bring an extension cord for each of these devices. Attention, in some ports, the night with electricity will be charged to you (rates vary according to the cities). Depending on the region, the necessary power supply is not always available to operate an electrical appliance.
In all cases you must have the written (by e-mail) prior agreement of the lessor if you have any particular requirements.
Clause 17: Force majeure
We will not be responsible for the non-performance of any obligation under the terms of an order if such non-performance results from a force majeure situation; that is to say from any unforeseeable and unavoidable event beyond our control making it impossible to fulfil the obligations of these terms and conditions of sale.
Article 18: Complaints and mediation
The Hirer is to send any claim regarding the performance or interpretation of the present terms and conditions of sale or any other related contract document by electronic mail to the sales department at firstname.lastname@example.org.
In accordance with Article L.152-1 of the French Consumer Code, if the response to the Hirer’s complaint is not satisfactory, the Hirer can refer the matter for mediation by the Medicys ombudsman service to which Filovent is affiliated:
Online using www.medicys.fr
By post at:
Medicys - Concord
73, Boulevard de Clichy
75009 Paris, France
On Medicys forms, our contact email address is email@example.com
It is reiterated that redress to the consumer ombudsman is only possible provided that:
- You have sent a written complaint to our customer services department no more than one year previously;
- Your dispute has not been previously investigated by another mediator, court or tribunal, and no such investigation is in progress;
- You are not acting in a professional capacity (i.e. the dispute is a business-to-consumer matter).
Clause 19: Jurisdiction clause
If the parties fail to reach an amicable settlement and Medicys mediation is unsuccessful, any dispute in relation to performance hereof or any other contract document will be heard by a competent court covering the area of a) Filovent’s registered office, or b) the Client’s main residence when the contract was concluded, or c) the location of the event causing the dispute.