The present contract and its APPENDICES (hereinafter CONTRACT) govern the services implemented by COOLSAILING-SKISET HOLIDAYS. They are agreed between:
On the one hand,
- COOLSAILING-SKISET HOLIDAYS, a public limited company with capital of 300,000 euros, registered at the NANTERRE Register of Companies under the number B 792 593 311 and registered on the register of travel and holiday operators under the number IM092130016, with intra-Community VAT no. FR30 792593311, with its head office located at 424 Bureaux de la Colline - 92210 SAINT CLOUD CEDEX – FRANCE and represented by legal representative;
Hereinafter referred to as "COOLSAILING-SKISET HOLIDAYS/US"
- on the other hand, THE CUSTOMER, a person acting as a consumer.
Hereinafter referred to as "Customer/YOU"
The CUSTOMER and COOLSAILING-SKISET HOLIDAYS shall be referred to collectively as the PARTIES.
ANY RESERVATION MADE WITH COOLSAILING-SKISET HOLIDAYS BY THE CUSTOMER IMPLIES THE CUSTOMER'S UNRESERVED ACCEPTANCE OF THE PRESENT GENERAL CONDITIONS OF SERVICE AND ITS APPENDICES AND THE SPECIAL CONDITIONS SPECIFIC TO EACH SERVICE. THEY PREVAIL OVER ALL OTHER CONTRACTUAL DOCUMENTS. ANY TELEPHONE RESERVATION IMPLIES THAT THE CUSTOMER HAS PRIOR KNOWLEDGE OF THE PRESENT GENERAL CONDITIONS OF SERVICE AND ACCEPTS THEM WITHOUT RESERVE. ALL RESERVATIONS ARE NOMINATIVE
When the following terms appear in capitals, their use in the General Conditions of Service have the following meaning:
"GCS": refers to the present General Conditions of Service and its Appendices;
"BOAT RENTAL": refers to the BOATS offered for rent by LESSORS on the WEBSITE;
"DOWN PAYMENT": refers to the sum YOU pay to COOLSAILING-SKISET HOLIDAYS, namely fifty percent (50%) of the total value of the ORDER, or any other amount specified in the present GCS payable on reservation of the BOAT RENTAL;
"RENTAL CONTRACT": refers to the contract that binds you to the LESSOR and which is sent to YOU by COOLSAILING-SKISET HOLIDAYS in order for you to benefit from the BOAT RENTAL and SERVICES reserved on the WEBSITE;
"CASE OF FORCE MAJEURE": refers to the cases of force majeure defined in article 17 of the present GCS;
"ORDER": refers to your order on the WEBSITE for a BOAT RENTAL RESERVATION and/or additional services and/or insurance policy;
"PROMOTIONAL CODE": refers to a code which is allocated to YOU by COOLSAILING-SKISET HOLIDAYS that allows YOU to obtain a price reduction when placing your ORDER;
"RESERVATION": refers to COOLSAILING-SKISET HOLIDAYS' acceptance of the ORDER and its confirmation;
"LESSOR": refers to the person or legal entity offering the hire of a BOAT, with or without a crew, for partial or total occupation;
"PARTNERS": refers to the professionals/vendors offering optional SERVICES to the BOAT RENTAL on the WEBSITE;
"SERVICES": refers to all the optional services to the BOAT RENTAL proposed on the WEBSITE and listed in article 8;
"MODIFICATION": refers to any request made by you giving rise to a change in BOAT, period and/or rental, departure or arrival port. Any modification is considered as a cancellation and will give rise to cancellation fees as described in paragraph 13.a;
"WEBSITE": refers to the website accessible at the address www.coolsailing.co.uk.
The present GCS aim to define, in our role as agent, the organisation conditions for the RESERVATION of a BOAT and, if necessary the SERVICES proposed on the WEBSITE. COOLSAILING-SKISET HOLIDAYS' role is limited to the simple role of intermediary, which involves putting you in touch with the LESSOR and/or PARTNERS, with COOLSAILING-SKISET HOLIDAYS declining any form of responsibility. It is specified that the sums due by virtue of the RESERVATION for the RENTAL and the SERVICES are collected by COOLSAILING-SKISET HOLIDAYS in the name of and on behalf of the PARTNERS.
The CONTRACT comprises the following contractual documents:
- GCS and its APPENDICES.
- Confirmation of RESERVATION.
- The LESSOR'S RENTAL CONTRACT,
- The invoice drawn up on request.
It is agreed that these contractual documents are mutually explanatory. However, in the case of a disagreement or a difference between the terms in these contractual documents, they will prevail in the order in which they are listed above.
The PARTIES will cooperate in a spirit of close collaboration in order to facilitate the execution in good faith of their respective contractual obligations. Thus, each PARTY undertakes to inform the other PARTY of any event or information brought to its knowledge which could potentially have an effect of whatever sort on the execution of the RENTAL and the SERVICES and any difficulty which it might encounter in the frame of the execution of the present GCS.
By virtue of article L. 211-8 of the Tourism Code, COOLSAILING-SKISET HOLIDAYS informs you in writing prior to the RESERVATION about the content of the SERVICES and the BOAT ordered, the price, the payment methods and the cancellation conditions. To that end, COOLSAILING-SKISET HOLIDAYS invites you to read the characteristics of each of the SERVICES and the BOAT RENTAL proposed on its WEBSITE and the associated descriptions. By virtue of R. 211-5 of the Tourism Code, COOLSAILING-SKISET HOLIDAYS reserves the right to modify the information appearing on the WEBSITE, such as the price and the content of the BOAT RENTALS or SERVICES proposed and BOAT availability.
As indicated in article 2 of the present GCS, COOLSAILING-SKISET HOLIDAYS acts as an agent for taking your ORDER. In no case will COOLSAILING-SKISET HOLIDAYS be held liable for the conclusion, execution, non-execution, incorrect execution, cancellation, resolution, termination of contracts concluded with the LESSOR and/or PARTNERS.
YOU must be in a position to complete a contract, namely be an adult (+18 years) and not be subject to a protection measure. YOU are informed that YOU may be asked to provide a copy of your identity card and/or your passport. In the hypothesis that this copy cannot be sent, COOLSAILING-SKISET HOLIDAYS reserves the right to not continue with your ORDER.
The WEBSITE is designed solely to promote the services of COOLSAILING-SKISET HOLIDAYS.
The photographs of BOATS, data about destinations, potential itineraries and countries posted on our WEBSITE are published for information purposes.
The WEBSITE provides photographs and illustrations which provide YOU with a realistic overview of the BOATS and SERVICES offered. These photographs and illustrations aim to indicate to YOU the BOAT'S category or standard of comfort. The company may not be held liable for them for anything other than for this purpose.
As an agent, COOLSAILING-SKISET HOLIDAYS is unable to guarantee that the display of the printed images on your computer are a faithful reflection of the BOAT.
Naturally, if some equipment is unavailable or limited owing to circumstances beyond the control of the LESSOR, COOLSAILING-SKISET HOLIDAYS undertakes to inform YOU of this as soon as possible.
In any case, COOLSAILING-SKISET HOLIDAYS may not under any circumstances be held liable for inaccurate, incomplete or misleading information that the LESSOR and/or its PARTNERS may have communicated to it, unless this is a result of its own negligence.
After selecting the BOAT and the SERVICES and registering, YOU can place an ORDER on the WEBSITE. Placing an ORDER does not mean that it is accepted by COOLSAILING-SKISET HOLIDAYS. Only COOLSAILING-SKISET HOLIDAYS' confirmation contractually binds the PARTIES.
Indeed, the RESERVATION is subject to the availability of the BOATS and, if applicable, the SERVICES.
A confirmation RESERVATION e-mail will be sent to YOU once COOLSAILING-SKISET HOLIDAYS has checked with the LESSOR and its PARTNERS that the BOAT and/or SERVICES are available and will indicate to YOU that:
- We have received the DOWN PAYMENT or the full amount of the ORDER;
- The PARTNER(S) are able to provide the BOAT and the SERVICES requested.
This confirmation e-mail will finalise the RESERVATION.
In the event that COOLSAILING-SKISET HOLIDAYS is unable to process your ORDER, YOU will be informed as soon as possible. In this case, you will receive an alternative proposal or a refund of your ORDER.
Furthermore, COOLSAILING-SKISET HOLIDAYS, on behalf of the PARTNERS, reserves the right to refuse your ORDER for legitimate reasons in accordance with the provisions of article L. 122-1 of the Consumer Code.
In this case, YOU will be informed by e-mail and you will receive a refund of any sums paid without penalty. COOLSAILING-SKISET HOLIDAYS and the PARTNERS may not be held liable in this case.
Any person placing an ORDER with COOLSAILING-SKISET HOLIDAYS guarantees the veracity of the information they provide and is responsible for any information concerning the people for whom he is liable.
By completing our forms on the WEBSITE, YOU undertake to transmit all of the information requested, whether for yourself or for a third party on behalf of whom you are placing the ORDER.
This information will be required to process your ORDER. If it is incomplete, inaccurate or false, COOLSAILING-SKISET HOLIDAYS reserves the right to cancel the afore-mentioned ORDER subject to the conditions presented in article 13.a which make you responsible for the cancellation fees and the ADMINISTRATIVE FEES for your booking when, after being asked to contact us, COOLSAILING-SKISET HOLIDAYS does not receive any response from you.
COOLSAILING-SKISET HOLIDAYS may not be held liable for any delay or cancellation in the processing of the ORDER if YOU have not provided the information requested.
By signing a BOAT RENTAL contract, YOU undertake irrevocably to update your personal account
www.coolsailing.co.uk after logging in with your password and username
or by sending an e-mail to [email protected]> with the CREW LIST,
the SAILING PERMIT, and an updated SAILING CV for the skipper. However, this formality will not be necessary for rentals with skipper or crew.
YOU are obliged to provide true and complete information with it being destined for use by the local authorities and/or insurance companies.
Any omission or imprecision in the crew list and CV may lead to delays in taking possession of the BOAT, a cancellation of the RENTAL contract, and even, in the event of a dispute, may free the LESSOR or COOLSAILING-SKISET HOLIDAYS of any responsibility.
YOU undertake to read the present GCS closely and to verify the details of your ORDER, as well as any information communicated
before sending them to COOLSAILING-SKISET HOLIDAYS.
COOLSAILING-SKISET HOLIDAYS draws your attention to the fact that YOU can modify your RESERVATION only under the conditions laid out in article 6.f.
Failing this, YOU may cancel the RESERVATION and place a new ORDER.
If YOU want to modify your BOAT RENTAL RESERVATION, YOU must send a written request by e-mail to the following address:
This request may also be made by telephone. However, COOLSAILING-SKISET HOLIDAYS reserves the right to demand written confirmation of the afore-mentioned request.
Under these conditions, COOLSAILING-SKISET HOLIDAYS will contact the LESSOR in order to answer your request. However, once the ORDER has been accepted, COOLSAILING-SKISET HOLIDAYS is unable to guarantee that the LESSOR will be able to fulfil this request.
YOU are informed by the present GCS that the modification of the rental RESERVATION will be considered as a cancellation and will give rise to cancellation fees as described in paragraph 13.a.
As indicated earlier, YOU may also cancel your RESERVATION according to the conditions laid out in article 13.a and place a new ORDER. It is specified that the new ORDER may only be placed if the conditions of article 13.a are complied with.
With regard to the SERVICES, you may also send your modification request to the following e-mail address [email protected]. Your request will be sent to the PARTNER(S) and will give rise to the fees described in article 13.a.
After making your RESERVATION, COOLSAILING-SKISET HOLIDAYS will send you the LESSOR'S RENTAL CONTRACT by e-mail which will allow you
to access the BOAT and, if applicable, the ASSOCIATED SERVICES that YOU have selected.
This CONTRACT should be read, understood and signed by YOU and sent to the SHIP OWNER-CHARTERER and/or the PARTNERS on receipt. YOU can send it to the LESSOR via us or direct by mail or e-mail sent to [email protected].
COOLSAILING-SKISET HOLIDAYS may not be held liable for the loss or theft of the RENTAL CONTRACT sent to you following the validation of your RESERVATION.
It is understood that, if the rental conditions laid out in the afore-mentioned RENTAL CONTRACT are more restrictive, they will prevail over the CONDITIONS OF SALE as described in your RENTAL CONTRACT with COOLSAILING-SKISET HOLIDAYS.
Prior to placing each ORDER, YOU are asked to read the description of the BOAT and the SERVICES PROPOSED on the WEBSITE.
COOLSAILING-SKISET HOLIDAYS informs YOU that boats are usually collected between 5 pm and 7 pm and returned before 10 am.
By virtue of this, COOLSAILING-SKISET HOLIDAYS recommends that YOU contact the LESSOR to confirm your time of arrival and find out the procedure for collecting the boat.
COOLSAILING-SKISET HOLIDAYS recalls that the BOAT'S occupation is strictly limited to the number of people indicated on the WEBSITE.
During the RESERVATION process, YOU undertake to inform COOLSAILING-SKISET HOLIDAYS accurately and precisely of the number of people sailing on the BOAT.
The SERVICES proposed by COOLSAILING-SKISET HOLIDAYS' PARTNERS are as follows:
- Any additional services proposed by the LESSOR in the frame of your BOAT rental;
- The reservation of the services of a skipper and/or a hostess in the frame of your BOAT rental;
- Any insurance policies complementary to your reservation (Force 9 contract for "Insurance Excess Repurchase" and Presence Assistance contract for Comprehensive-Cancellation insurance);
Prior to placing each ORDER, YOU are asked to read the description of the ASSOCIATED SERVICES published on the WEBSITE or by contacting the referenced PARTNERS.
The price of the RENTAL and/or the SERVICES is defined according to the rates in force on the WEBSITE on the day of the ORDER and
includes VAT at the applicable VAT rate.
The prices are determined by COOLSAILING-SKISET HOLIDAYS and are subject to modification up to the day of the ORDER's confirmation by COOLSAILING-SKISET HOLIDAYS. If one of our prices is not correctly displayed or indicated, COOLSAILING-SKISET HOLIDAYS reserves the right to rectify it.
All offers are provisional until they are confirmed by the RESERVATION CONFIRMATION contract. Before YOU finalise your RESERVATION, COOLSAILING-SKISET HOLIDAYS will communicate to YOU the exact price of the reservation selected as any supplements, upgrades and other equipment you may have requested.
The prices are indicated in Euros and the amount of the DOWN PAYMENT and the balance is payable in Euros.
COOLSAILING-SKISET HOLIDAYS reminds YOU that changes in the Exchange rate for the LESSOR's local currency may lead to an increase in the price of the RENTAL and/or SERVICES up until the date of the full payment of your RESERVATION and that COOLSAILING-SKISET HOLIDAYS may not be reproached for this. These price fluctuations will be always be applied according to the provisions of article L. 211-12 of the Tourism Code which stipulates that no price variation may be applied within the 30 days preceding your RESERVATION. COOLSAILING-SKISET HOLIDAYS will offset any increase equivalent to a maximum of 2% of the value of your RESERVATION, excluding insurance premiums and modification fees. YOU will be invoiced above 2%.
In the case that the variable costs generate a decrease in the price of your reservation, COOLSAILING-SKISET HOLIDAYS will not make any refund of less than 2% of the price of your reservation, excluding insurance premiums and modification fees. Decreases greater than 2% will be refunded in full.
Certain costs will remain at YOUR expense: engine fuel, kitchen fuel, batteries, any breakdowns and, in general, any consumable required for the good functioning and upkeep of the boat during the rental period.
Furthermore, tourist taxes, port tolls and other taxes that are collected locally may be introduced or modified without prior notice. COOLSAILING-SKISET HOLIDAYS will not accept liability for these additional costs which are not included in your RESERVATION and these will remain at your expense.
In the case of the RENTAL of a BOAT with crew, the chartering duties include the chartering of the BOAT with all its equipment in a working state; tools. reserves; cleaning materials and consumables in the engine room, bridge, kitchen and cabin; the BOAT's laundry service, the crew's salaries, uniforms and food; insurance for the BOAT and the crew. You will be required to settle the actual cost of other expenses. These include, among other things, transport on land; fuel for the engines and main generators; fuel for dinghies and water sport equipment; food and drinks, mooring fees and other costs, including the pilot's fees, local taxes, diver fees, custom facilities and waste removal costs, charges for water and electricity at the dock, fees for the ship's agents according to the case, personal laundry; Charter-Party communications and the use of the Internet, and rental or purchase costs for any special equipment installed on-board at your request.
To that end, the payment of an ADVANCE PROVISIONING ALLOWANCE (APA) may be required by the LESSOR in the form of an advance or may be made to the Captain when embarking. The APA serves to cover the costs of catering, specific requests and/or exceptional costs concerning special equipment, transport on land, excursions, or any other costs which are not usually considered to be part of the BOAT'S operating costs.
As a general rule, the amount of the APA is calculated on the basis of a percentage of the amount of the RENTAL of the BOAT with crew
(generally between 20 and 30% following use made by the LESSEE).
During the chartering period, YOU will be informed regularly by the BOAT's Captain of the disbursement of APA. If the remaining balance become insufficient in view of everyday expenses, you will be required to pay the Captain a sum that is enough to maintain a suitable positive balance.
related to the
the APA to the Boat are
your account. Exchange
Before disembarking at the end of the a CharteringPeriod, the Captain is required to present YOU with a detailed account of spending with as many receipts as possible. According to the remaining balance of the APA, YOU will pay the Captain the balance of the expenses or the Captain will reimburse YOU any remaining sums.
Payment by cheque, credit card or any other negotiable instrument is normally not accepted owing to the itinerant nature of the BOAT's seasonal calendar. Therefore, YOU must ensure that YOU have enough funds to cover all foreseeable costs.
It is understood that, as a third party to the contract, COOLSAILING-SKISET HOLIDAYS will not in any way intervene in the management and the restitution or not of the APA. COOLSAILING-SKISET HOLIDAYS may not be held liable for any poor management of the APA.
YOU may have a PROMOTIONAL CODE and benefit from a price reduction when placing an ORDER on the WEBSITE.
During the ORDER process, COOLSAILING-SKISET HOLIDAYS will provide an insert for this purpose.
The amount of the PROMOTIONAL CODE will be indicated and the price reduction will be deducted directly from the amount of your BOAT RENTAL, excluding ASSOCIATED SERVICES, INSURANCE AND GUARANTEES, before you confirm it.
The PROMOTIONAL CODE is:
- to be used (1) once only and only on the WEBSITE. THE PROMOTIONAL CODE may not be combined with other PROMOTIONAL CODES unless otherwise stipulated.
- valid for a set period which is sent to you at the same time as the PROMOTIONAL CODE.
The PROMOTIONAL CODE may only be used when PLACING an ORDER. It is not retroactive and may only be used in the frame of an ORDER confirmed by YOU or a RESERVATION.
The PROMOTIONAL CODES issued by COOLSAILING-SKISET HOLIDAYS may not be negotiated, sold or converted into cash. Any use other than that specified herein is prohibited. The PROMOTIONAL CODES are non-transferable and inseparable. They not be refunded and/or exchanged.
COOLSAILING-SKISET HOLIDAYS only accepts the follow payment methods:
COOLSAILING-SKISET HOLIDAYS authorises the payment of the deposit and/or balance of the reservation by cheque
(payable only in France and issued by French banks in Euros), or postal cheque within a minimum of 40 days before
the planned date of departure. The cheque will be made payable to COOLSAILING-SKISET HOLIDAYS and should be sent
to the following address along with the RESERVATION number:
424 Bureaux de la colline
92210 Saint CLOUD cedex
COOLSAILING-SKISET HOLIDAYS authorises the payment of the balance of the reservation by "chèque vacances" (ANCV).
The "chèques vacances" holiday vouchers should be sent with their stub and should cover an amount less than or equal to the amount of the RESERVATION, and, if necessary, should be completed by a bank or postal cheque. If the amount of the "chèque vacances" is greater than the balance of the RESERVATION amount, COOLSAILING-SKISET HOLIDAYS will not refund the difference to YOU. The "chèques vacances" will be made payable to COOLSAILING-SKISET HOLIDAYS and should be sent to the following address along with the RESERVATION number:
424 Bureaux de la colline
92210 Saint CLOUD cedex
Only bank cards issued in France or within the international networks approved by GIE Cartes Bancaires are accepted. Financial costs (bank charges related to the exchange rate, banking commission for payments made outside the territory where the card was issued, other banking commissions, etc.) that might be related to payments by bank card shall remain your responsibility. These expenses correspond to costs deducted exclusively by your banking institution, if any, as a result of using your bank card. Acceptance by the central bank card network makes the ORDER placed on the WEBSITE effective. In the event of a refusal from the central bank card network, COOLSAILING-SKISET HOLIDAYS reserves the right to cancel the ORDER or the RESERVATION.
It is possible for you to pay by bank transfer to the bank account indicated below by providing the transfer reference and the ORDER number.
Transfer in Euros (EUR) to be paid to the following account:
- IBAN: FR76 3000 4024 1400 01052771 968
- SWIFT/BIC: BNPAFRPPIFN
Financial costs (bank charges related to the exchange rate, banking commission for payments made outside the territory where the card was issued, other banking commissions, etc.) that might be related to payments by bank card shall remain your responsibility. In order to limit fees in the Euro zone, we recommend that you use SEPA format transfers.
The date of the value of the receipt of the transfer will render your ORDER placed on the WEBSITE definitive.
In order to place an ORDER within forty-five (45) days before the start of the selected stay, YOU must make a DEPOSIT by credit card,
with the exception of any rental contracted with Moorings or Sunsail LESSORS for which the deadline is extended to seventy (70) days.
No discount will be granted for the full payment of the ORDER.
If you pay by bank cheque and or ANCV cheque, the balance must be paid at least forty-five (45) days before departure,
with the exception of any rental contracted with Moorings or Sunsail LESSORS for which the deadline is extended to seventy (70) days.
If YOU pay be credit card or bank transfer to the account for which the bank details will be sent to you by COOLSAILING-SKISET HOLIDAYS, the balance must be paid at least forty-five (45) days before departure, with the exception of any rental contracted with Moorings or Sunsail LESSORS for which the deadline is extended to seventy (70) days.
In the absence of payment, the RESERVATION may be cancelled without YOU being able to recover the sums initially paid.
If payment is not made, the RESERVATION will be cancelled.
In this case, YOU will be required to pay cancellation fees as described in article 13.a.
When YOU select your payment method, YOU are directed to a secure payment platform in order to proceed with the transaction.
Your ORDER is only confirmed after verification of the payment method and receipt of the debit of the payment method used.
YOU guarantee COOLSAILING-SKISET HOLIDAYS that you hold all of the authorisations required to use the selected payment method.
By communicating your credit card number, YOU authorise the WEBSITE's bank to debit the amount requested.
COOLSAILING-SKISET HOLIDAYS has concluded a service agreement with the Bank BNP PARIBAS IFN concerning e-commerce, an agreement called "the MERCANET service".
BNP PARIBAS IFN manages the security of exchanges and ensures the protection of secrets (decryption keys) and their management.
COOLSAILING-SKISET HOLIDAYS does not keep any information about credit cards with this information being transferred to an online secure payment platform which uses a secure connection (128 bit SSL encryption).
In terms of bank transfers, YOU must make these from your bank account to COOLSAILING-SKISET HOLIDAYS' bank account using the bank details sent to YOU BY COOLSAILING-SKISET HOLIDAYS following your choice of payment method.
In order to enable COOLSAILING-SKISET HOLIDAYS to accomplish their obligations concerning the CONTRACT under the best possible conditions,
YOU agree to:
- Pay the price of the DEPOSIT and/or the BALANCE of the ORDER;
- Comply with all the laws and regulations in force;
- Notify COOLSAILING-SKISET HOLIDAYS of any information of which YOU might have knowledge and which might have an impact on the execution of the present GCS.
In the frame defined by the present GCS, COOLSAILING-SKISET HOLIDAYS undertakes to implement all the necessary means to ensure the effectiveness of your RESERVATION with the LESSOR and/or the PARTNERS.
Ownership of the BOAT by the lessee is effective once the balance of the agreed price has been paid, the deposit has been paid and
the inventory has been completed and signed.
When taking ownership of the BOAT, the LESSOR will PROVIDE you with the mandatory sailing documents.
YOU will keep a version of the RENTAL CONTRACT that you undertake to present to the public authorities on request.
The LESSOR should provide YOU with a BOAT in a perfect condition for SAILING, equipped and prepared in accordance with the operating conditions defined in the special verification register drawn up by the LESSOR.
YOU agree that the equipment is a perfect state of use and that the description of the BOAT and its equipment and fittings has been presented in the inventory submitted to YOU.
Ownership of the BOAT implies that you acknowledge the BOAT'S full information, good functioning and cleanliness, with the exception of a hidden defect.
The inventory will describe the BOAT, its equipment and fittings. Also, the LESSOR will provide you with all the explanations that are necessary and essential to the good functioning of the BOAT's devices and equipment. The signature of this inventory will prevent YOU from making a claim at a later date of non-conformity with the requirements and stipulations of the contract and a lack of advice about the BOAT's functioning in view of the planned sailing programme. YOU have 24 hours after taking ownership of the BOAT and the signature of the inventory to check the good condition of the BOAT and its equipment.
The LESSOR declares that it has taken out an insurance policy covering damages to which the BOAT may be subject and, more specifically, the loss and theft of the boat as well as a liability insurance. This insurance comprises a GUARANTEE DEPOSIT which is at your own cost. It is defined by the LESSOR according to the boat's model, the sailing area and the boat's value.
During the reservation process, it is possible for YOU to take out the "Insurance excess repurchase" option proposed by
COOLSAILING-SKISET HOLIDAYS in partnership with the broker OUEST ASSURANCE-CONTRAT FORCE 9 (see conditions in appendix 3),
via the intermediary of the LESSOR or any insurer of your choice. This option allows YOU to repurchase all or part of the GUARANTEE DEPOSIT.
Taking out an "Insurance excess repurchase" contract does not free you of the obligation to pay a GUARANTEE DEPOSIT but may, for some LESSORS, give rise to a reduction in this sum.
The GUARANTEE DEPOSIT should be paid before embarking by cheque, cash or credit card (Visa or Mastercard).
In order to facilitate the payment of the GUARANTEE DEPOSIT by credit card, COOLSAILING-SKISET HOLIDAYS recommends that you contact your bank beforehand to inform them of this transaction.
The GUARANTEE DEPOSIT is returned to the lessor after signature of the return inventory and once the passengers have disembarked
definitively if YOU have respected your obligations, within a maximum of 30 days.
The GUARANTEE DEPOSIT does not in any way constitute a limitation of your responsibility and YOU will be responsible for the costs incurred by the RENTER resulting from the non-respect of your obligations. The LESSOR will retain from the GUARANTEE DEPOSIT any costs required to cover the prejudice experienced as a result of your actions without COOLSAILING-SKISET HOLIDAYS being held liable for this.
If YOU or a member of your group is responsible for damage to the boat, the damage or loss of associated equipment, damages affecting a third party and if these damages are the result of a proven act of negligence or dangerous behaviour, YOU will be fully responsible and the LESSOR's right to engage legal proceedings against YOU will not in any case be limited or cancelled by the payment of the GUARANTEE DEPOSIT.
YOU undertake to use the boat with due diligence by complying with the regulations laid down by the Maritime Affairs, Customs,
Police and, more generally, to comply with all the laws and rules in force in France as well as in the countries visited.
Although the LESSOR is obliged to provide a BOAT in a good state of repair in order to ensure YOU full enjoyment, its obligations may not be extended to include small repairs and everyday maintenance which is the responsibility of any skipper.
Apart from what is indicated in article 12.in the special conditions, the BOAT should be used solely for pleasure sailing and personal use according to the definition of the decree 84-810 modified by the decree 2005 185.
The subleasing, loan or a change of skipper for a person other than the person declared in the special conditions is forbidden subject to the LESSOR's express and written agreement.
YOU undertake to only embark the authorised number of people.
YOU must inform yourself about the BOAT's sailing category and construction as well as the areas authorised for sailing. It is important to only sail in the country's waters where the BOAT is authorised to sail.
YOU are responsible for keeping the ship's log, a copy of which is provided by the LESSOR. It is a document in which sailing information and all incidents and damage concerning the boat and sailing should be noted.
In the case of RENTING a BOAT with a crew, it is understood that the BOAT'S DINGHY may only be sailed by the CAPTAIN. Any use of the
DINGHY without the presence of the BOAT'S CAPTAIN or a member of the crew will be deemed to be fraudulent and will not be covered by
the BOAT's insurance.
In the case of a problem arising while making fraudulent use of the DINGHY, YOU are fully responsible without it being possible to make any reproach to the LESSOR or to COOLSAILING-SKISET HOLIDAYS.
It is understood that this article only concerns the RENTAL of BOATS without crew, the sailing of which will be ensured by yourself or a professional third-party or not.
In the case of the RENTAL of a boat only, it is understood that YOU or the designated skipper should have the technical competences required
for sailing under optimum safety conditions aboard the BOAT which is the object of the rental.
A certificate will be completed to that end by yourself or the person exercising the function of skipper.
If YOU are not the skipper, YOU undertake to ensure that the person in charge of this function, the identity of whom is indicated in the special conditions, has knowledge of practices at sea, sailing or motorboating which allow him to assume responsibility for a pleasure BOAT.
YOU undertake to benefit from a competent crew and to ensure that sailing is adapted to the weather conditions and the crew's capacities in view of the sailing programme.
YOU or the designated skipper should hold the qualifications required (motor boat licence or certificate of competence) corresponding the BOAT's category and the intended sailing area, in accordance with the legislation in force. A photocopy of the qualification will be provided as an appendix to the rental contract. YOU should also hold the qualifications required for using communication devices if these are present on-board.
YOU undertake to respond to all of the LESSOR's requests concerning the skipper's competences, whether it is for yourself or a third party, in addition, to qualifications or certificates which might be mentioned.
For any purpose whatsoever, it is expressly specified that, under no circumstances will the LESSOR be held liable for the sailing errors, blunders, carelessness of the lessee, the skipper or crew.
In the case of renting a BOAT with the reservation of the services of a professional skipper, it is understood that any skipper recruited
by you or via the intermediary of a LESSOR will have to present the professional qualifications required, liability insurance covering
damages to third parties, and also to people on-board as well as damages to the rented BOAT.
This professional skipper will be in charge of the boat's technical and maritime management on behalf of the lessor.
The recruitment of this skipper will be the subject of a contract between the afore-mentioned skipper and yourself, who, in all cases, will be liable for any failure in your obligations with regard to the LESSOR.
In the case of loss or damage during the rental, COOLSAILING-SKISET HOLIDAYS recommends that YOU always inform the LESSOR and the INSURANCE BROKER and request instructions before making repairs or replacing any equipment.
In the case of loss or damage during the rental as a result of the normal use of the equipment which does not prevent the cruise's continuation,
YOU are authorised, under your own responsibility, to take an immediate decision to replace it provided that its cost does not exceed 10% of
the amount of the guarantee deposit shown in the contract. This disbursement may be refunded on the BOAT's return on presentation of the invoice,
subject to the damage not being a result of a fault or negligence by you or one of the people aboard. YOU must consult the LESSOR for any
costs exceeding the afore-mentioned sum.
The damage and the solution YOU found should be noted in the ship's log and, if necessary, be the subject of a report.
Loss of enjoyment as a result of damage may not give rise to compensation or a reduction in the price paid.
However, if the damage is not your fault and YOU cannot be attributable, you will receive a pro-rated refund.
In the case of serious damage (dismasting, taking on water, fire, etc.) YOU are required to take all necessary measures to preserve the crew and the BOAT and its accessories or facilities and to inform the LESSOR and/or the INSURER as soon as possible in order to request its instructions.
Any expenses YOU have incurred will be reimbursed on your return on presentation of the invoice if the damage is not a result of your fault or your negligence or that of a person on-board.
It is forbidden for YOU to be towed by a third party except in the case of assistance which YOU will have to justify.
Failing this, YOU undertake to assume all the legal and financial consequences which may arise from this practice in addition to warranty exclusions enforceable by virtue of the insurance policy.
If, following damage, YOU are required to use the services of an assistant or a tug, YOU will, firstly, take care to seek instructions from the LESSOR and obtain his agreement.
Failing this, if the circumstances do not enable such an agreement to be obtained, YOU will give priority to the use of a tow-line for this type of operation and will conclude an agreement with the tug leaving it full responsibility for the operations, including in port areas.
If a professional skipper is hired, YOU remain entirely responsible for the boat and its crew.
YOU expressly release the LESSOR from all responsibility resulting from a failure in your undertakings and will be solely responsible for the people concerned with regard to trials, legal proceedings, fines and confiscations to which YOU may expose yourself for this reason. In the case of the BOAT's confiscation, YOU will be required to refund the value of it indicated in the special conditions within 8 days following the formal notice which will have been sent to YOU. Only the payment of a sum corresponding to the value of the BOAT will put an end to the payment of the immobilisation remuneration stipulated in the previous paragraph of the present article.
In the case that YOU want to cancel or modify your RESERVATION for the RENTAL of a BOAT, YOU must send a cancellation request as soon as possible by e-mail and recorded delivery letter with return receipt to:
COOLSAILING-SKISET HOLIDAYS 424 Bureaux de la Colline 92210 Saint Cloud cedex FRANCE
And to the e-mail address: [email protected]
The following cancellation fees apply:
|Number of days between receipt of the cancellation request and the planned departure date||Cancellation fees on rental, insurance||Insurance|
|After 69 days||Loss of advance||100%|
|From 69 to 60 days||30%||100%|
|Less than 60 days||100%||100%|
COOLSAILING-SKISET HOLIDAYS will refund the full amount of the sums outstanding within thirty (30) days from the date of receipt of the cancellation request. In no case will the corresponding sums be transferred to another stay. All cancellation requests will be final. Any stay that YOU start is deemed to be consumed and will not give rise to any refund or credit. In the case that YOU do not report to the destination, COOLSAILING-SKISET HOLIDAYS will retain the full amount of your stay, including the cost of SERVICES. In the case of the non-collection of the RENTAL or a SERVICE or their return before the agreed date, YOU will not be entitled to any refund. In the case of the cancellation of SERVICES, these will be calculated on the basis of the cancellation fees scale above. In the case of a modification of SERVICES (addition or upgrade) resulting in an increase in the total of the dossier, the amount of any guarantees that may have been taken out will also be increased in proportion. During the ORDER process, it is possible for YOU to take out a "comprehensive-cancellation" insurance with COOLSAILING-SKISET HOLIDAYS' PARTNER, the Company PRESENCE ASSISTANCE (conditions provided in appendix 2). COOLSAILING-SKISET HOLIDAYS does not make any recommendation with regard to the relevance or nature of this insurance and it is your responsibility to read the documents concerning this policy in order to ensure that it corresponds to your specific needs. Of course, other insurance companies are able to offer YOU this type of policy.
In the case that the LESSOR and/or PARTNER cancels your RESERVATION owing to an event of force majeure or the unforeseen non-availability of the BOAT or a service, COOLSAILING-SKISET HOLIDAYS undertakes to contact YOU as soon as possible by telephone or e-mail.
In the case that, following damage occurring during the previous rental period or any impediment against its will, the LESSOR is unable to supply use of the boat on the agreed date, it is required to provide YOU with a BOAT of a similar or larger size departing from the same port or from the surrounding area or refund YOU the full amount of the sums paid. Subject to your agreement, the LESSOR is also able to offer a BOAT of a smaller size and a refund of part of the rental on a prorata basis of the boat's rental value. If the LESSOR is unable to replace your BOAT, he will be required to return to YOU any sums paid without YOU being able to claim any damages and interest. The return of the amounts paid will be proportional to the corresponding number of days of loss of use. In the case that YOU refuse to accept the LESSOR's general rental provisions, he will be entitled to cancel the contract as a result of your fault and without YOU being able to claim any damages. In such an eventuality, COOLSAILING-SKISET HOLIDAYS will refund YOU the sums paid in full within thirty (30) days following notification of the decision of the LESSOR and/or the PARTNER to cancel the RESERVATION.
YOU are informed that no personal insurance is included by default in our website's COOLSAILING-SKISET HOLIDAYS offering.
COOLSAILING-SKISET HOLIDAYS recommends that YOU take out an insurance policy when placing your ORDER in order to cover the risk of changes to or the cancellation of the reservation and, more widely, the risks involved in the practice of pleasure sailing. It is your responsibility to opt for an adequate insurance policy adapted to your needs.
To that end, COOLSAILING-SKISET HOLIDAYS offers the COMPREHENSIVE-CANCELLATION insurance policy by PRESENCE ASSISTANCE, details of which may be consulted in APPENDIX 2 and, in particular:
|Total amount||Price per order up to 9 people||Price per order for 10 people||For 11 people|
|Up to €6,500||€150||+10%||+15%|
|From €6,501 to €12,000||€275||+10%||+15%|
|From €12,001 to €20,000||€500||+10%||+15%|
|From €20,001 to €40,000||€1000||+10%||+15%|
It is understood that this article only concerns the RENTAL of BOATS without crew, the sailing of which will be ensured by yourself or a professional third-party or not.
YOU are required to enter the port within the times stipulated in the contract and to notify your presence as soon as you return in
order to organise the meeting for the inventory and inspection of the BOAT once it has been emptied of all its luggage and occupants.
The time required for cleaning by you is an integral part of the rental period.
The BOAT must be returned in a good state of repair and cleanliness.
A return certificate will be drawn up by the parties. If, for whatever reason, this operation cannot be completed, the LESSOR will draw up the inventory alone and will send YOU a copy.
If the condition in which it is returned is satisfactory, the guarantee deposit is returned to YOU within at least one month following the date of the BOAT's return.
If the condition in which it is returned is not satisfactory, namely if the BOAT is not perfectly clean, you will be required to pay cleaning costs.
If there is damage or loss to the BOAT, the dinghy or any other facility or accessory that appears on the inventory, YOU are required to pay for the repair or the replacement of an identical product. To this end, a withdrawal could be made from the deposit.
For damage or loss which is covered by the INSURANCE, the guarantee deposit will be kept until payment is received from the insurance company.
The refund will be made after deduction of the amounts which apply for the franchise and any expenses and accessories that are a result of the incident (telephone, administrative follow-up, reports, etc.).
It will be up to the LESSOR to take the boat out of the water if it deems it to be necessary in order to examine the state of the ballast or mounting and the motorisation system or the steering mechanism. Failing this, the LESSOR may not file a claim for the consequences of damage which may arise at a later date.
If, for whatever reason, excluding cases of Force Majeure (see article 17), the BOAT cannot be returned at the dates, times and ports agreed, YOU must immediately inform the LESSOR who will provide you with instructions. It is understood that any delay in returning the BOAT will require YOU pay compensation to the LESSOR without it being possible for COOLSAILING-SKISET HOLIDAYS to be reproached for this. The afore-mentioned compensation will be calculated according to a price grid by the LESSOR and written in the RENTAL contract signed by YOU and the LESSOR when taking possession of the BOAT.
It is recalled that the BOAT RENTAL and SERVICES are provided by the LESSORS and/or the PARTNERS strictly for your private use.
In no case may COOLSAILING-SKISET HOLIDAYS be held liable in the following cases:
- a CASE OF FORCE MAJEURE,
- as a result of a third party not concerned by the provision of the rental and/or SERVICES, or
- your incorrect execution of the CONTRACT.
COOLSAILING-SKISET HOLIDAYS may only be held liable in the case of indirect damage.
YOU are informed that COOLSAILING-SKISET HOLIDAYS' may not be held liable in the case of the purchase of services on site other than those defined in the RESERVATION. COOLSAILING-SKISET HOLIDAYS declines all responsibility with regard to the accuracy of the information displayed on the WEBSITE concerning the price and description of these services.
In all cases, if an attempt is made to hold COOLSAILING-SKISET HOLIDAYS liable, the cost of the repair of any damages YOU have suffered will be limited to the amount of compensation defined by international conventions.
COOLSAILING-SKISET HOLIDAYS may not be held liable for the BOAT's RENTAL. By virtue of this, it is recalled that the contract concerning
the BOAT's RENTAL is concluded between the LESSOR and YOU. Therefore, COOLSAILING-SKISET HOLIDAYS is a third party to this contract.
COOLSAILING-SKISET HOLIDAYS draws your attention to the fact the contract that binds it to the LESSOR may contain clauses which limit
It is expressly agreed between the PARTIES that COOLSAILING-SKISET HOLIDAYS, as the LESSOR's agent, may not be held liable for the acts of the LESSOR and/or its representatives or employees.
COOLSAILING-SKISET HOLIDAYS may not be held liable for the SERVICES if the contract is concluded directly between the PARTNERS and YOU.
Therefore, COOLSAILING-SKISET HOLIDAYS is a third party to this contract. COOLSAILING-SKISET HOLIDAYS draws your attention to the fact
the contract that binds it to the PARTNER(S) may contain clauses which limit responsibility.
It is expressly agreed between the PARTIES that COOLSAILING-SKISET HOLIDAYS, as the agent, may not be held liable for the acts of the PARTNERS and/or its representatives or employees.
COOLSAILING-SKISET HOLIDAYS reserves the right to suspend, delay, modify or cancel the execution of the ORDER or the RESERVATION
in case of events or circumstances of force majeure or an act of God or circumstances contractually similar to cases of force majeure
or an act of God even if they might not fit the legal definition such as: fire, independent work stoppage against the will of the company
or any of their suppliers or subcontractors, flooding, epidemic, war, requisitioning, strike, storm, tornado, earthquake, revolution,
theft of some or all of the equipment, interruption or delay in transport, transport damage, lack of raw materials, tooling accident,
lack of fuel or any other source of energy, as well as in case of any external circumstances or event, against the will of
COOLSAILING-SKISET HOLIDAYS, that might occur subsequent to the finalisation of the AGREEMENT, preventing execution under normal conditions.
If an event of force majeure occurred before departure, COOLSAILING-SKISET HOLIDAYS will provide information about the situation as soon as possible.
In this case, YOU will have the choice of:
- maintaining your RESERVATION and assuming the risk of the occurrence of the event of force majeure. In this case, YOU will not receive any refund of the sums paid to COOLSAILING-SKISET HOLIDAYS.
- or cancel your RESERVATION and receive the refund of the sums paid from which COOLSAILING-SKISET HOLIDAYS will deduct the AMINISTRATIVE FEES for your request.
If an event of force majeure occurred during the ORDER or the RESERVATION, no refund will be made to you of the sums paid. By virtue of this, COOLSAILING-SKISET HOLIDAYS advises YOU to take out an insurance policy covering the losses related to this type of event.
In the case of questions and/or disputes, COOLSAILING-SKISET HOLIDAYS may be contacted by telephone on +33 1 55 39 03 49 or by e-mail at
If YOU want to contact SKISET HOLIDAYS by mail, YOU can send your pre-paid letter to the following address:
- COOLSAILING-SKISET HOLIDAYS
424, Bureaux de la Colline
92210 Saint CLOUD cedex
COOLSAILING-SKISET HOLIDAYS will confirm receipt of the letter by communicating with YOU in writing.
COOLSAILING-SKISET HOLIDAYS reserves the right to contact YOU by e-mail or postage paid letter at the address provided in your correspondence.
In the eventuality of a dispute concerning the BOAT's RENTAL, COOLSAILING-SKISET HOLIDAYS recommends that you contact the LESSOR very
quickly during the stay in order to find a solution.
The PARTIES expressly agree that COOLSAILING-SKISET HOLIDAYS is a third party to the contract binding YOU and the LESSOR. It is advised that, in the event of such a dispute, YOU inform the competent LESSOR quickly and directly in order to obtain a rapid solution to the dispute.
It is recalled that COOLSAILING-SKISET HOLIDAYS acts only as an agent. By virtue of this, COOLSAILING-SKISET HOLIDAYS may not in any way be held liable for the RENTAL or SERVICES subscribed to on the WEBSITE.
However, COOLSAILING-SKISET HOLIDAYS will provide YOU with all its support in order to identify and/or contact the competent LESSOR and/or PARTNER. In this case, please contact COOLSAILING-SKISET HOLIDAYS by telephone on +33 1 55 39 03 49 or by e-mail at [email protected].
The respect of your privacy and your personal data is a priority for COOLSAILING-SKISET HOLIDAYS, which undertakes to comply with
the modified Act No. 78-17 of 6 January 1978 known as the "Data Freedom" act.
COOLSAILING-SKISET HOLIDAYS is the WEBSITE's editor and is responsible for processing any personal data collected and/or processed via the WEBSITE.
COOLSAILING-SKISET HOLIDAYS will use any personal data YOU have chosen to transmit to it to:
- Ensure the good execution of the contracts concluded between YOU and the LESSOR and/or the PARTNER(S) for the provision of the BOAT RENTAL and SERVICES;
- To process payments and invoices concerning the BOAT RENTAL and/or SERVICE(S);
- To inform YOU about similar products or services provided by COOLSAILING-SKISET HOLIDAYS. Of course, you may, at any time, ask COOLSAILING-SKISET HOLIDAYS to stop sending this information.
Your personal data is transferred to third parties which may be based outside of the European Union, but in a country benefiting from adequate protection:
- For the good execution of the BOAT RENTAL or the SERVICE(S);
- To allow access by COOLSAILING-SKISET HOLIDAYS' service providers in charge of the WEBSITE's hosting and maintenance.
YOU are reminded that YOU benefit from the right to access, rectify and oppose the processing of your personal data in accordance with articles 38 and following of Act No. 78-17, referred to as the "Data Freedom" act of 6 January 1978 modified by the Act of 6 August 2004.
These rights may be exercised, in accordance with the modified Act No. 78-17 of 6 January 1978 by simple request sent by e-mail to [email protected] or by post to: "COOLSAILING-SKISET HOLIDAYS, 424 Bureaux de la Colline - 92210 Saint Cloud cedex, FRANCE" with proof of identity and a legitimate reason if it is required by law.
In the case of communicating a copy of your identity document, it will be kept for one (1) year in the case of the need to verify your identity when YOU want to exercise your right to access and rectify, and three (3) years in the case of the need to verify your identity when YOU want to exercise your right to oppose. The same applies to all other data collected when exercising your right to oppose.
It is expressly agreed that, barring manifest error you will report to COOLSAILING-SKISET HOLIDAYS, the data kept in the WEBSITE's
information system has a conclusive force on the ORDERS and RESERVATIONS made.
The data on computer or electronic supports kept by COOLSAILING-SKISET HOLIDAYS constitute proof. They may be produced as proof by COOLSAILING-SKISET HOLIDAYS in any eventual proceedings which concern YOU.
They will be admissible, valid and opposable in the same way, under the same conditions and with the same conclusive force as any document which has been drawn up, received or kept in writing.
The brands, logos and slogans present on the COOLSAILING and its PARTNERS WEBSITE may not be reproduced or represented without
COOLSAILING-SKISET HOLIDAYS' express authorisation subject to legal proceedings.
To that end, YOU do not authorise yourself to use the afore-mentioned elements, in particular in any commercial or promotional support for the general public without COOLSAILING-SKISET HOLIDAYS' prior written agreement. By virtue of this, the installation of any hypertext links to the WEBSITE is subject to COOLSAILING-SKISET HOLIDAYS' prior written agreement.
Any complete or partial reproduction of the WEBSITE, by whatever means, without the express written consent of COOLSAILING-SKISET HOLIDAYS is forbidden and would constitute an infringement punishable under articles L. 335-2 and following and articles L. 713-1 and following of the Intellectual Property Code.
Furthermore, COOLSAILING-SKISET HOLIDAYS expressly forbids:
- The extraction by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of a database on another support by whatever means and in whatever format;
- The reuse, via the provision to the public of all or a qualitatively or quantitatively substantial part of the content of the database in whatever format.
These GCS may be modified by COOLSAILING-SKISET HOLIDAYS at any time.
Only the GCS published on the day of the ORDER apply. You are informed of them and they are accepted by YOU when placing the ORDER.
COOLSAILING-SKISET HOLIDAYS reserves the right to modify these GCS in order to inform you of:
- (a) changes concerning the payment method;
- (b) legislative and regulatory changes that may apply.
In this case, YOU will be informed of changes to these GCS and YOU will have one month to cancel your ORDER or RESERVATION subject to the provisions of article 16.1.
We guarantee your ORDER or RESERVATION to the best of our ability. However, under special and limited circumstances, the LESSOR or the PARTNER(S) may make changes to their BOAT RENTAL and SERVICES.
In this case, COOLSAILING-SKISET HOLIDAYS offers you the chance to:
- Modify your ORDER or RESERVATION;
- Cancel your ORDER or RESERVATION and obtain a refund of the sums paid.
In the absence of a response from you as soon as possible, you may be invoiced for administrative fees.
COOLSAILING-SKISET HOLIDAYS reserves the right to concede or transfer all or part of its obligations by virtue of these CGS to a partner,
company, group after informing you of this in writing.
The CONTRACT is concluded between COOLSAILING-SKISET HOLIDAYS and YOU. Any third party to the CONTRACT may claim prerogatives by virtue of the present document which goes against one or other of the PARTIES.
If any of the stipulations of this Contract becomes null in relation to an applicable legal or regulatory provision and/or a legal decision with the authority of res judicata, it shall be considered to be not written but shall in no way affect the validity of the other clauses which shall remain fully applicable.
The fact that one of the PARTIES has not demanded the application of any clause whatsoever, whether permanently or temporarily, cannot be in any way considered as waiving of the said clause.