Terms and conditions of hire

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1 - RENTAL
2 - YOUR RESPONSIBILITIES
3 - SECURITY DEPOSIT
 4 - INSURANCE
 5 - EQUIPMENT
 6 - CANCELLATION
 7 - MODIFICATION
 8 - DEPARTURE BASE - DIRECTION OF CRUISES
 9 - INTERRUPTIONS OR RESTRICTIONS TO NAVIGATION
 10 - BREAKDOWNS
 11 - DAMAGE - ACCIDENTS
 12 - BOAT'S DESERTION
 13 - RETURNING THE BOAT
 14 - DISPUTES

1 - RENTAL

The contract has a validity of ten days from the date of issue.
- A booking will be deemed 'firm' when Nicols or one of its affiliates confirms the reservation to the hirer on receipt of the booking form and the agreed deposit
- PAYMENT OF BALANCE of the rental amount indicated on the deposit receipt will become due one month before the holiday start date, without reminder on the part of the rental operator
- DOCUMENTS: On receipt of the holiday balance, the rental operator will send the hirer the necessary documents for use of the boat. For all bookings made less than 30 days before the start date the holiday cost must be paid in full on booking. All bank charges will be payable by the hirer.

2 - YOUR RESPONSABILITIES

- The person responsible for hiring must be over 18 years of age and is responsible for the boat and all persons sailing with him.
- The rental operator reserves the right to decline to hand over a boat to the chief crew member if he does not seem able to take up this responsibility, notwithstanding references, certificates or other showed titles. In this case, the rental operator can cancel the contract, without having to refund any previously paid amount.
-The hirer is obliged to respect the rules of river navigation as laid down by the waterways authorities and by the rental operator.
- Night navigation, towing, lending and subrental of the boat are forbidden.

3 - SECURITY DEPOSIT

- The amount varies according to the boat hired.
- It is deposited at the holiday start, before boarding, (cash, cheque or Visa)
- First portion corresponds to costs of cleaning should the boat not be returned perfectly clean (cleaning deposit)
- The balance (boat deposit) corresponds to the insurance premium and the working losses

4 - INSURANCE

The insurance of the hire cruiser includes accidental damage to the boat, and to third parties caused by the boat.
This insurance does not include : Personal accident/injury to the persons on board, personal belongings, the hirers own civil responsibilities, loss of, or deterioration of material or equipment, or misuse of the boat by the hirer, or any accident or damage involving hired bicycles
The hirer remains his own insurer up to the amount of security deposit : he is free to subscribe insurance with a company of his choice or through the boat owners insurance company one or several policies to cover such risks as :
- The amount due to the hire company in case of cancellation (except the administration fee)
- The repayment of half of the security deposit of the boat
- Interruption of cruise
- Corporal accidents to the Hirer or crewmembers
In every case, the insurance will not cover the civil responsibility of the hirer, or any damage or loss or other expense resulting from driving the boat when drunk, or under the influence of drugs, or by a failure to observe the rules stated in the Code de Navigation Fluviale

5 - EQUIPMENT

The hirer undertakes to report any damage, theft or deterioration of equipment and many be required to replace them.

6 - CANCELLATION

By the hirer :
If the hirer is forced to cancel his reservation, the boat owner must be advised in writing.
The costs withheld are the following :
- over 6 weeks before departure : 150 Euros administration costs
- between 4 and 6 weeks before departure : 20 % of the rental charge(1)
- less than 4 weeks before departure : 100 % of the rental charge In the event of the company being able to re-let the boat for the period concerned, the hirer may be refunded less 150 Euros for administration costs.
By the rental operator: In the case of unforeseen circumstances beyond of the control of the rental operator the hired boat is not available, all possible will be done to supply the hirer with a boat of equivalent comfort and capacity.
If this is not possible within the contractual period, the rental operator will refund the rental charge, to the exclusion of all other costs, damages or interests.

7 - MODIFICATION

Change of dates, type of boat or region requested by the Hirer, and after acceptation by the boat rental Company, will entail full payment of cancellation charges specified under paragraph 6 in order to cover financial prejudice on the original booking.

8 - DEPARTURE BASE - DIRECTION OF CRUISES

- The direction of one-way trips and thus the departure base in the same region may have to be altered. Exceptionally, a one-way cruise may have to be converted into a return cruise due to unforeseen circumstances. In this case, only the return trip extra charges will be refunded.
- It is required to call a week before the date of departure for confirmation of the one-way and the direction of navigation.
- These alterations will in no circumstances be considered grounds for cancellation or damages.

9 - INTERRUPTIONS OR RESTRICTIONS TO NAVIGATION

- The rental operator cannot be held responsible for interruptions or restrictions to navigation due to reasons beyond his control (works, flooding, drought, strike, administrative directives) and will therefore not grant any refund.
- In case these events prevent the cruise, either the rental company can modify the location and dates of the cruise with an equivalent or larger boat; or the paid sums can be given as a credit for a cruise at a later date, to be agreed by both parties. Failing that, the paid sums will be kept by the rental company.
- If the events occur during the cruise, thus causing a total halt to navigation and the loss of one or several days, these days will be refunded. The refund , half-day and complete days accumulated, will be subject to a subtraction of 24 hrs in all cases (or 48 hrs for the Lot area and for the Baïse).

10 - BREAKDOWNS

- Each base offers a free breakdown service which will attend to you as quickly as possible, by phoning the base during normal working hours available by phone. This service becomes payable in case of personal fault of the hirer.
- Breakdowns not attributable to the hirer : Time lost to the hirer due to a breakdown not attributable to him , taking place during the cruise, will be refunded on a rate pro-rata to the time lost, subject to a subtraction of 24 hrs.
- Breakdowns attributable to the hirer :
If it is observed that the breakdown is attributable to the hirer, he has no right to any compensation for time lost on his boat The rental operator reserves the right to withold sums paid as a deposit to cover the costs of repair to the boat.

11 - DAMAGE - ACCIDENTS

- The hirer must not repair or attempt to repair damage and/or breakdowns without the agreement of the rental operator.
- The hirer is required to complete the accident report form and to be it completed and countersigned by the third party.
- Any damage not attributable to the boat owner cannot be the subject of compensation in the hirer's favour in the case where his cruise is interrupted.

12 - BOAT'S DESERTION

- In case of boat's desertion, except for sudden and lengthy impracticability of the waterway, the rental company will invoice the hirer the cost of the boat's transfer to the base of return, according to a daily fixed price of 100 Euros, plus fuel and cleaning costs.

13 - RETURNING THE BOAT

- The boat must be returned to its base at the time and date agreed except in case of Force Majeure : The person responsible should plan a great enough margin for the return time to be respected.
- The boat is to be returned to the rental operator in the same condition as when it was collected, in respect to the inventory check-list.
- The hirer will be responsible for all expenses caused by late return due to his fault : each delayed (and started) day will lead to a charge equivalent to the daily rental price , plus the costs that the rental operator will have to pay to the next hirer.

14 - DISPUTES

- Under Directive 90-314 of June 30th 1990 of the European Council, rental does not constitute a fixed-rate price.
- In the event of dispute, the Tribunal of Commerce of the port of departure is the only competent authority (Brussells Convention of 21/09/68, article 5/1)
- The legal ties linking Nicols and its associates are solely those resulting from the conditions laid down in the contract of hire itself. In any case, Nicols cannot intervene in the terms and conditions of the execution of this contract of hire, each associate being independent.

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