ARTICLE 1 – DEFINITION
It is understood that the lessor is the owner of the rented boat or the representative of the owner, and the client is referred to as the charterer.
ARTICLE 2 – RESERVATION AND PAYMENT CONDITIONS
The reservation will be considered final upon receipt of the signed contract accompanied by a 50% deposit, with the balance to be paid 30 days before the service by bank transfer or via our website.
2-A: Payment Methods
XTREMS BOAT offers several payment options:
BY CREDIT CARD IN ONE PAYMENT: The transaction is processed on the secure platform of Caisse d'Epargne.
BY CREDIT CARD IN 3 OR 4 INSTALLMENTS WITHOUT FEES VIA CHOOZEO: If the purchase amount is between €300 and €5000, XTREMS BOAT offers a solution for payment in 3 or 4 installments without fees by credit card (Carte Bleue, Visa, or Mastercard). A schedule is provided, with the first payment due at the time of purchase, and the next 2 or 3 installments (depending on your choice) are automatically debited 30, 60, and 90 days later.
A credit commitment must be repaid, so ensure you can afford the repayments before committing.
BY BANK TRANSFER: Below are our bank details for transferring your payment:
IBAN: FR76 1751 5900 0008 0130 2662 140
BIC: CAPAFRPP751
2-B: Payment Security
To combat online payment fraud and protect consumers, XTREMS BOAT has implemented various payment security measures on its website.
XTREMS BOAT uses the 3D Secure protocol for credit card transactions. This system ensures the authentication of the cardholder during the payment process.
2-C: Choozeo Free Credit Payment Option
CHOOZEO is a free credit option with no fees, payable in 3 or 4 installments, offered by NATIXIS FINANCEMENT, a public limited company with a capital of €73,801,950 - Registered office: 30 avenue Pierre Mendès France 75013 – 439 869 587 RCS Paris. The free credit amount varies between €149 and €3000.
CHOOZEO is reserved for individuals (legal adults) residing in France and holding a Visa or MasterCard with an expiration date at least 4 months after the purchase date. Cards with systematic authorization, such as Electron, Maestro, Nickel, etc., as well as e-cards, Indigo cards, and American Express, are not accepted. After completing their order, the client must click on the “3 or 4 times payment by CHOOZEO by credit card” button.
The client is then redirected to the CHOOZEO page of NATIXIS FINANCEMENT, which displays a summary of their order and a free credit request, which they must validate. XTREMS BOAT acts as a facilitator, connecting its clients with NATIXIS FINANCEMENT by providing a non-contractual landing page on its website. Therefore, it is not subject to the regulations governing intermediaries in banking operations and payment services. Furthermore, if the client requests to use a financing solution offered by NATIXIS FINANCEMENT, their order details and personal information (name, surname, postal address) will be forwarded to them. NATIXIS FINANCEMENT will use this information to assess their credit request, manage, and collect it.
NATIXIS FINANCEMENT reserves the right to accept or refuse their request for financing in 3 or 4 installments without fees. The client has a 14-day withdrawal period to cancel the credit agreement.
ARTICLE 3 – TERMINATION BY THE CHARTERER
A - The period for which this contract was concluded can only be changed with the consent of the lessor and depending on their availability.
B - The 50% deposit will be retained by the lessor if the charterer requests the termination of the contract for any reason within 30 days before the date of the service, and 100% of the reservation amount will be retained if the request is made within 10 days before the service date.
C - The rental amount will be retained by the lessor whether the charterer used the boat during the rental period or not, regardless of the reason.
D - If the boat is not delivered in a navigable condition, either due to the lack of an essential safety element, non-compliance with regulations, passenger safety being compromised, or the lessor being unable to provide a boat with equal or superior characteristics, the charterer may terminate this contract and receive a refund of the amounts paid and any expenses incurred, without being entitled to claim damages.
ARTICLE 4 – TERMINATION BY THE LESSOR
If, due to damage during the previous rental or any other impediment beyond their control, the lessor is unable to provide the boat at the agreed date, they have the full discretion to either provide the charterer with a boat of equivalent or superior size capable of accommodating the same number of passengers, or refund the amounts paid, without the charterer being able to claim damages.
ARTICLE 5 - BOAT INSURANCE AND DEDUCTIBLE
A - The lessor declares that all boats offered have, in addition to their standard insurance, a rental option.
B - The insurance premium payment is included in the rental price.
C - The insurance policy does not cover persons transported on the boat for accidents they may suffer.
D - The lessor disclaims all responsibility for losses or damages concerning the charterer's personal belongings or those affecting the charterer and their guests. Individual insurance for persons on board can be contracted by the charterer for their own benefit and at their own expense to cover the risks mentioned in paragraphs C and D.
E - The charterer acknowledges that under no circumstances does the boat's insurance cover nautical activities such as towable tubes. Therefore, they cannot hold the boat lessor liable in case of accidents or damages, whether material or bodily, related to such activities, including towable tubes, wakeboarding, water skiing, etc.
ARTICLE 6 - TAKING OVER THE BOAT (BAREBOAT CHARTER)
A - In any case, the boat is handed over to the charterer once the balance has been paid and the security deposit has been made. The lessor must provide the charterer with a boat in a navigable condition, equipped and insured according to laws and regulations set by the competent authorities for the intended navigation category.
B - Fuel is not included in the rental price and must be paid for by the charterer at the end of the day unless renting under an "ALL INCLUSIVE" option. Any departure or arrival at a location different from the boat’s home port will be at the charterer’s expense.
ARTICLE 7 - BOAT USAGE - RESPONSIBILITIES - DAMAGES (BAREBOAT CHARTER)
A - The charterer agrees to use the boat “as a good family man,” adhering to Maritime, Customs, and Police regulations in France and other visited countries. Minors must provide written authorization from their parents or guardians.
B - The charterer affirms they possess the necessary knowledge and experience for the planned navigation, as well as the licenses required by Maritime Authorities to operate the boat.
C - The lessor or their representative reserves the right to refuse to provide the boat if the captain or crew does not appear sufficiently competent, regardless of references, certificates, or licenses presented, or for any other reason, at their sole discretion.
In such a case, the charterer must either accept the costs of a professional skipper or have the contract terminated and any sums paid refunded, with neither party being entitled to damages or compensation.
D - In any case, if a professional skipper is hired to ensure the boat’s proper operation, full responsibility for the boat and its crew remains with the charterer when they or a crew member is at the helm.
E - The charterer agrees to embark only the authorized number of persons and to use the boat only for pleasure sailing, excluding any commercial operations, professional fishing, transport, racing, or other activities.
The charterer explicitly discharges the lessor from any liability as shipowner or otherwise for breaches of these prohibitions and will be solely responsible to Maritime Services and Customs for any legal actions, fines, or confiscations incurred, even in the case of involuntary error on their part. In case of boat seizure, the charterer will be required to pay the lessor a mandatory contractual compensation equivalent to the current rental rate.
In case of confiscation, the charterer will be required to reimburse the value of the boat within 8 days.
F - The charterer agrees to bear all losses or damages unless they result from abnormal wear and tear, hidden defects, or a piloting error by Xtrems Boat's skipper. The refund of the security deposit will be deferred until the insurance company settles repair or replacement invoices, less the non-refundable deductible.
G - In the event of loss or damage during the rental resulting from normal wear and tear, the charterer is authorized to immediately take responsibility for repairs or replacements, provided the cost does not exceed 10% of the deposited security. These expenses will be reimbursed upon return, upon presentation of the invoice, provided the damage or loss is not due to the charterer's fault or negligence. The charterer must consult the lessor for any repair exceeding this amount.
H - In the event of serious damage (demasting, flooding, fire, etc.), the charterer must urgently notify the lessor or their representative and the insurance broker, requesting instructions. In the meantime, the charterer must obtain a report from a surveyor to secure reimbursement from the insurance company. Failure to comply with this formality may result in the charterer being held liable for all expenses incurred due to the damage.
I - The loss of enjoyment due to damages occurring during the rental will not be subject to any refund, even partial, of the rental amount, regardless of the cause of the damage, except if the damages are not attributable to the charterer.
K - Subleasing and lending the boat are strictly prohibited.
L - Animals (dogs, cats, etc.) are prohibited on board the boats.
ARTICLE 8 - BOAT RETURN (BAREBOAT CHARTER)
A - The charterer must return to the designated port within the time agreed in the contract, unless a later agreement is made and confirmed in writing. Upon return, the charterer must notify the lessor or their representative and schedule a time for the boat’s inventory and inspection, ensuring the boat is emptied of all luggage and occupants beforehand.
The charterer is entitled to free mooring at the disembarkation port for the planned return day. Cleaning and inventory time is considered part of the contracted rental period.
B - Each day of delay will entitle the lessor to compensation equivalent to double the daily rental rate, regardless of the reason for the delay. Bad weather cannot be used as a valid excuse, and the captain must take all necessary precautions in advance to avoid such an eventuality.
C - If for any reason the charterer is unable to return the boat to its designated return port, they must, at their own expense and risk, ensure its safekeeping and have it returned by a qualified delivery person, after notifying the lessor or their representative. The rental period will only end after the boat is returned to the lessor under the conditions outlined above.
D - The charterer must return the boat and its equipment in good working order and cleanliness.
E - Any return of the boat beyond the agreed time may result in additional charges being invoiced based on the current rate set by the lessor.
ARTICLE 9 - CONSUMABLE MATERIALS (BAREBOAT CHARTER)
The charterer is responsible for engine fuel, lubricants, spark plugs, cooking fuel, electrical batteries, any port tolls, and any repairs, as well as any consumable materials required for the proper operation and maintenance of the boat during the rental period.
ARTICLE 10 - DISPUTES
The signatories to the contract may submit their disputes regarding the application of this contract to the tripartite conciliation commission, which is an offshoot of the charter management body. In the absence of a resolution, jurisdiction will be explicitly granted to the Courts of Pontoise.