The present general booking terms and conditions automatically apply to all boat bookings presented by the company COOLSAILING-SKISET HOLIDAYS, in particular, on its website www.coolsailing.com.
Any booking or order shall be subject to the Client's unreserved acceptance of these general terms and conditions.
In these general terms and conditions, the following terms have the meanings set forth in this definition section.
Lessee or Client: You
Lessor: The boat owner or his/her representative
COOLSAILING: The company COOLSAILING-SKISET HOLIDAYS or Us
COOLSAILING has been entrusted, by various pleasure boat rental companies and pleasure boat owners or their representatives, with the mission of presenting their boats, in particular on its site, in order to offer them for rental by potential customers.
COOLSAILING processes pleasure boat rental requests and collects the rental price on behalf of the lessors.
COOLSAILING is, therefore, an intermediary acting in the name and on behalf of others; the rental contract is directly concluded between the Lessor and the Client.
These general booking terms and conditions govern the relations between COOLSAILING and the Lessee. The relations between the Lessor and the Lessee is governed by the rental contract between the Lessor and the Lessee. It is noteworthy, however, that some Lessors also have their own general rental terms and conditions.
1.1. COOLSAILING acts in good faith as a simple intermediary between the Client and the Lessor. It may never be held liable for any actions, commitments, negligence, non-performance or damage arising from the relations between the Client and the Lessor.
1.2. We do our best to illustrate the proposals presented on the site www.coolsailing.com with photographs giving a realistic overview of the services offered. The photographs in the descriptions are merely illustrative and therefore have no contractual value.
1.3. Similarly, the advice on circuits and sailing times given by COOLSAILING are given for information purposes only and cannot be binding. COOLSAILING.
2.1. To place an order, you must make a request and identify yourself beforehand either by e-mail, by phone, or through our online quoting request system. After each complete request, COOLSAILING will send you a quote. If this quote suits you, you can ask us to send you a booking option.
2.2. After reading and accepting the general booking terms and conditions, you can express your acceptance on the booking option by sending us the required deposit. The amount of this deposit is indicated in the booking option. Generally, the required deposit amount is equal to between 30% and 50% of the total rental amount. Please also note that the Lessee is billed a processing and service charge of 30 euros.
2.3. Normally, all our boats are available. However, if exceptionally your order cannot be processed because of the unavailability of the boat, we would contact you immediately (on average, within 48 hours) to make you a counter-proposal. If you are not satisfied, we will refund your deposit.
2.4. After receiving your deposit, we will send you a booking contract. You will have 7 days to sign and return the booking contract. Your booking will only be definitively registered, and consequently the parties committed, upon receipt by COOL SAILING of the signed booking contract. If we do not receive the booking contract within this 7 days deadline, we will return your deposit, minus the service charge, within 3 working days of your request.
2.5. After receiving your signed booking contract, COOLSAILING- will e-mail you the Lessor's rental contract allowing you access to the boat and to any additional services you have chosen. This rental contract must be read, understood, signed by you and returned to the Lessor and/or the partner(s) upon receipt. You can send it to the Lessor directly or through us either by post or by e-mail: firstname.lastname@example.org. COOLSAILING cannot be held liable for the loss or theft of the rental contract it has sent to you. It is specified that the rental conditions stated in the rental contract, if they are more restrictive, shall prevail over the present booking conditions and over the specifications of the booking contract.
2.6. Pursuant to the legal provisions on distance selling laid down in the Consumer Code, the right of withdrawal does not apply to "the provision of accommodation services, other than residential accommodation, good transportation services, car rental, catering or leisure activities which must be provided at a specific date or period" (Article L 221-28 of the Consumer Code). Thus, you shall not have any right of withdrawal for any service order placed with COOLSAILING.
3.1. Any change of dates of stay or port of embarkation or disembarkation, as well as any change of boat requested by the Lessee after the booking has been recorded, is only possible subject to the Lessor's agreement. In this case, and unless otherwise specified, the Lessee shall be billed 150 euros.
3.2. Additions or removals of payable options may be subject to additional invoicing by some Lessors.
4.1. The rental price for the boat and the additional services you have chosen are included in the booking contract. This contract also specifies the deadlines for paying the balance of the price. The total rental price must be paid in two or three instalments. If the price is payable in three instalments, the second instalment must be paid at least three months before departure. In any case, the rental price must be paid in full to COOLSAILING eight weeks before departure. Failure to comply with any of the payment deadlines mentioned in the booking contract shall lead to cancellation of the contract at the Lessee's exclusive fault. Deposits paid shall remain with the Lessor.
4.2. Unless otherwise specified in the booking contract, the following shall be paid for by the Lessee: engine fuel, lubricant, spark plugs, cooking fuel, electric batteries, any harbour tolls, any breakdown service and, generally, any consumable necessary for proper operation and maintenance of the boat during the rental period.
4.3. Unless otherwise specified in the booking contract, shipping costs, local taxes, clearance fees (customs), airport taxes, boarding taxes, cruise taxes, are not included in the rental price, shall be paid by the Client on the spot and may vary between the date of booking and the rental.
5.1. Our site allows you to make a booking and to send us your bank details in a confidential and secure manner while placing your order.
5.2. Credit card payments can be made with Visa, MasterCard, American Express. Your account will then be debited for the benefit of Skiset Holidays. Cardholders who are not French and who make a payment on this site may have to pay cross-border charges levied by the company issuing their cards.
5.3. We accept bank transfers. All bank charges are borne by the Lessee. Our bank details are as follows:
IBAN: FR76 3000 4024 1400 0105 2771 968
5.4. Payments by bank check and holiday check are only accepted if we receive them at least 60 days before your departure date. Your check should be sent to:
424 Bureaux de la Colline
Your booking reference must be indicated in the accompanying letter. We recommend that you send your checks by registered mail, with acknowledgment of receipt.
6.1. The non-respect of any of the payment deadlines or the commitments made within the framework of the present general booking conditions, or the termination of the contract for whatever reason by the Lessee shall result in the termination of the contract at the Lessee's exclusive fault; the instalments paid shall remain with the Lessor.
6.2. As soon as the boat is provided on the conditions provided for in the contract, the rental amount shall remain acquired, regardless of whether or not the Lessee has made use of the boat during the rental period and whatever the reason for this vacancy.
6.3. To cover the risks mentioned in Article 5.1, Lessees may take out cancellation insurance, for their benefit and at their own expense. Lessees may take out this insurance with our partner "Présence Assistance...." while confirming their booking on www.coolsailing.com.
6.4. If the boat provided is not fit to sail, either for lack of an essential safety element, or because it is not compliant with the regulations, and if the Lessor cannot propose a boat with the same or superior features, the Lessee may terminate the contract and obtain the refund of the sums paid for the boat.
6.5. If, as a result of a damage occurring during the previous rental or any other impediment beyond the Lesssor's control, the Lessor is unable to provide the boat on the agreed date, the Lessor shall have the option either to make available to the lessee a boat of equivalent size or a bigger boat with same number of berths, or to refund the sums paid by the Lessee, without the latter being entitled to claim damages. The refund of the amounts paid shall be proportional to the corresponding number of days of loss of use.
7.1. The description of the boat and its equipment and fittings is included in an inventory which must be given by the Lessor to the Lessee at the same time as the official table of mandatory instruments, documents and nautical equipment and the ship's safety certificate. The Lessee has 24 Hours from the time he/she takes charge to check that the boat and its equipment are in good condition. By signing the boat acceptance document the Lessee acknowledges the fact that boat is in good working state and clean.
7.2. A security deposit amounting to at least the insurance deductible covering the boat must be made with the Lessor on the day of departure before boarding. The amount of this deposit required by the Lessor is indicated in the booking contract. The deposit may be debited by the Lessor in the event of an accident for an amount corresponding to the damage caused. The supporting documents for this debit shall then be sent to the Lessee.
7.3. In any event, the boat shall be handed over to the Lessee when the balance of the price has been paid, the security deposit paid and the inventory signed.
7.4. The departure and return inventory must be signed by the Lessee and the Lessor.
7.5. The embarkation and disembarkation times are indicated on the booking contract. Embarkation corresponds to the Lessee's arrival on the boat but not to the departure of the boat from the port. In fact, since the inventory and handover of the boat require a few hours, it is common that actual departure from the port is made the following morning. Disembarkation corresponds to the time at which the Lessee must leave the boat. Return to port must systematically be made the day before in the event an early disembarkation.
8.1. The Lessee must be of legal age. He/she undertakes to use the boat with due care and in accordance with the Maritime Affairs regulations and the laws and regulations of the countries visited.
8.2. The Lessee must have the knowledge and experience necessary for the sail he/she plans to embark on, as well as the permits required by the maritime regulations of the country on the operation of the rented boat. The Lessor or his/her representative has the right to refuse the provision of the boat if the skipper or the crew does not have the required permits or does not appear to him/her to be sufficiently competent, notwithstanding the references, certificates or permits presented, or for any other reason that the Lessor may justify. In this case, the Lessee must accept to pay the costs of a professional skipper, at the applicable rate. Otherwise, the contract shall be terminated automatically without reimbursement of the sums committed.
8.3. The Lessee undertakes to use the boat only for pleasure boating, with the exception of any commercial, professional fishing, transport, regatta or other operation. Towing, subletting and lending the rented boat is strictly prohibited. The Lessee undertakes to embark only the authorized number of persons. Except with the Lessor's agreement and in which case a supplement is paid, animals are not allowed on board of the rented boats. Unless otherwise specially agreed in writing by the Lessor, the Lessee shall refrain from sailing at night.
8.4. The Lessee must inform him/herself about the category of sail and construction of the boat as well as the authorized sailing area. Sailing shall only be carried out in the waters of the country in which the boat is authorized to sail.
8.5. The lessee is 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 must be noted.
8.6. In case of loss or damage during the rental period, COOLSAILING recommends that the Lessee always inform the Lessor and the insurer and request instructions before making any repairs or replacing any piece of equipment.
8.7. In case of loss or serious damage (dismasting, water leak, fire, etc.), the Lessee must notify the Lessor and the insurance company as a matter of urgency and ask for instructions. In the meantime, the Lessee shall have a report drawn up by a damage surveyor.
8.8. The loss of use resulting from damage occurring during the rental period shall not lead to any reimbursement, even partial, of the rental, whatever the cause of the damage, unless it is in no way attributable to the Lessee. In this case, it is noteworthy that some Lessors apply a penalty amounting to 48 hours of rental.
8.9. If a professional skipper is hired, the Lessee remains entirely responsible for the boat and its crew. The Lessee must provide a cabin for each member of the crew (skipper, hostess, sailor, etc.). The Lessee is responsible for the meals of the members of the professional crew. Moreover, it is usual to tip them.
8.10. The Lessee is obliged to supervise the boat at anchor.
9.1. The Lessee must return to the designated port within the deadline stipulated in this agreement unless otherwise amicably agreed upon and later confirmed in writing by the Lessor. As soon as he/she returns, the Lessee must inform the Lessor about his/her presence and set up a meeting for inventory-taking and inspection of the boat which must have been emptied of all baggage and occupants.
9.2. The time for cleaning and inventory-taking is an integral part of the rental period provided for in the agreement.
9.3. Each day of delay gives rise to the payment of an indemnity as indicated to you in the Rental contract, no matter the cause of the delay. Bad weather cannot be invoked as a valid reason, as the skipper must take all necessary measures in good time to deal with this eventuality.
9.4. If, for any reason, the Lessee is unable to return the boat him/herself to the designated port of return, he/she must, at his/her own expense and risk, ensure its safekeeping and have it returned by a qualified courier after having notified the Lessor. The Lessor shall bill the Lessee for the costs of returning the boat to its return base. The rental period shall only end after the boat is returned to the Lessor on the conditions stipulated above.
9.5. The Lessee must return the boat and its equipment in good working order and clean, even if a cleaning fee has been charged as a compulsory supplement. If the state of return is satisfactory and no damage is noted, the deposit shall be returned to the Lessee by the Lessor on the conditions indicated in the rental contract.
9.6. If the boat is not returned perfectly clean, the cleaning costs shall be at the Lessee's expense unless a flat cleaning rate is mentioned in the contract. A special cleaning deposit may be required by some Lessors from the Lessee on arrival at the base and returned on the day of disembarkation if the boat is returned in a clean state.
9.7. The security deposit required by the Lessor guarantees the payment of the costs resulting from accidental damage caused or suffered by the boat, its equipment or appendices, breakage or loss of materials or equipment, poor maintenance of the boat and its equipment or annexes during the cruise, abandonment or late return of the boat.
9.8. If the damage to or loss of the boat or any accessory listed in the inventory is noted, the Lessee shall be required to pay for the repair or replacement thereof. To this end, a withdrawal may be made from the deposit by the Lessor.
9.9. 8.9 If the damage or loss results from an event covered by an insurance policy, the refund of the security deposit may be deferred until the insurance company pays the repair and/or replacement bills. At all Lessors' the reimbursement shall be made after deducting the deductible provided for in the Lessor's insurance contract and any incidental costs that might have resulted from the loss (telephone, travel, reports, security, etc.).
9.10. 8.10 Coolsailing shall not be HELD LIABLE FOR ANY DISPUTES BETWEEN THE Lessee and the Lessor if the latter makes a withdrawal from the security deposit or fails to return it in accordance with the aforementioned conditions.
10.1. Note that the Lessors have an insurance policy for the boat guaranteeing the Lessee against the damage he/she may cause to the body of the boat, the theft of this boat and third parties' recourse for material and physical damage (third-party liability). However, as indicated in 8.9, the Lessee remains his/her own insurer up to the amount of the deductible for this insurance. In the event of a claim, the refund of your security deposit shall be made minus the insurance deductible. You have the possibility to take out "Excess Repurchase" insurance with our partner "Presence Assistance......"or through any insurer of your choice. We also point out to you that certain Lessors may propose the subscription of such insurance. We draw your attention to the fact that taking out an "Excess Repurchase" insurance contract does not release you from the guarantee deposit obligation but could give rise at certain Lessors' to a reduction of this latter.
10.2. The insurance policy taken out by the lessors does not usually cover:
i. accidents, damages and losses of any nature affecting both the persons sailing on the rented boat (the Lessee, his guests, his crew) and their property;
ii. fines and penal sanctions incurred while the boat is in the Lessee's custody;
iii. damages, losses, third party recourse and expenses resulting from intentional or inexcusable fault, towing expenses due to navigation errors, deliberate violation of security or navigation rules, violation of navigation orders or restrictions committed by any member of the ground crew, criminal use of the boat, its equipment or annexes, driving while under the influence of alcohol, narcotics or even medicines that affect consciousness or the ability to react, use of the boat, its equipment or annexes for other purposes besides that of the intended personal pleasure, excess of the number of passengers authorized by the lessor, sailing outside of the authorized areas, at nights in certain areas, false declarations, as well as any malicious action taken with the complicity of anyone on board.
Individual insurance may be taken out by the Lessee for him/herself and the persons sailing on the hired boat to cover the various risks referred to in the preceding paragraph. COOLSAILING advises the Lessee to take out such insurance policies.
We shall not be liable for the non-fulfilment of any obligation under an order, if such non-fulfilment results from a case of force majeure, i.e. linked to any unforeseeable and insurmountable event beyond our control and making impossible the fulfilment of the obligations of these booking terms and conditions.
12.1. The information collected is for the purpose of processing your order by COOLSAILING services. The financial information is used solely to bill and make your booking. In order to process your order, we share certain information with the Lessors. However, we communicate only the information essential to the development of your cruise project. We do not trade Customer files or confidential information.
12.2. Pursuant to the French Data Protection Act, you have the right to access and rectify your personal information by contacting COOLSAILING at email@example.com. You may also, for legitimate reasons, object to the processing of your personal data.
Please note that our role is limited to processing pleasure boat rental requests and collecting the rental price on behalf of Lessors. The rental contract is concluded directly between you and the Lessor. Therefore, COOLSAILING cannot be held liable under any circumstances for the rental services or for other services pertaining to the rental. However, COOLSAILING shall fully assist you to identify and/or contact the competent Lessor and/or partner(s).
COOLSAILING and the Lessor expressly undertake to attempt to settle amicably any dispute that may arise between them. In the absence of an amicable agreement, the parties undertake to refer any dispute to courts within the jurisdiction of the Paris Court of Appeal, which shall apply French law.