The general conditions of sale concern the services offered by NICE BOAT TOUR, specifically the guided boat tours between Cannes and Monaco, with a skipper, in the county of the Alpes-Maritimes.
They are applicable to all of the participants of the proposed guided tours (hereafter referred to as the Client)
This contract is for the service of a skipper offering a guided tour on the boat HIPPOCAME, a Bayliner 6.52, owned by Mr. BRUNO LUMETTA, under the exclusive command of Mr. VINCENT CHRISTIAN “NICE BOAT TOUR” and in accordance with all terms and conditions.
The price includes insurance, skipper, fuel, foodstuffs, drinks and leisure equipment (masks, tubas, beach towels, rubber rings and arm bands)
NON INCLUDED COSTS
The price does not include anything which is not aforementioned under “Included Costs”.
PAYMENT AND CANCELLATIONS
If the client cancels the guided tour before the tour starts, any down payment shall be reimbursed according to the day of retraction, minus any organizational costs incurred, via the following conditions:
30 days prior to the guided tour : full reimbursement
Less than 30 days prior : 50% reimbursement
If NICE BOAT TOUR cancels the guided tour, the client shall either receive the totality of the down payment or a coupon which entitles the holder to use on a future reservation.
If the boat is unseaworthy due to an accident, breakdown or other circumstances, the contract is cancelled.
Force majeure is defined as an act of god, an accident, a natural catastrophe, climatic conditions or other events outside of reasonable control of NICE BOAT TOUR, or the client, and not caused by NICE BOAT TOUR, or by negligence of the client.
NICE BOAT TOUR, reserves the right to cancel a guided tour in the face of a FORCE MAJEURE without reimbursing the client.
No guaranties are given as to the accuracy of weather conditions connected to the operations of the guided tours. However in the event of inclement weather conditions, or of predicted inclement weather, NICE BOAT TOUR reserves the right to cancel the guided tour and offer a coupon which entitles the holder to use on a future reservation. If this proves to be impossible for the client, a contribution towards compensation could be provided.
NICE BOAT TOUR reserves the right to modify the guided tour according to weather conditions. The skipper alone can decide upon the rhythm of the tour and any pauses during the tour.
The skipper has all of the legal requirements to operate legally the boat. This is on the understanding that the skipper is in complete control and that the client respects his judgment concerning the itineraries, weather conditions, moorings and other pertinent factors.
RESPONSIBILITY AND INSURANCE
The client accepts to participate in the guided tour using the provided material, following the orders of the skipper and Maritime Law.
NICE BOAT TOUR shall not be held responsible for any physical or moral damage due to materiel which does not conform to safety regulations or to Maritime Law.
The client confirms that they have civil insurance, which specifies cover of leisure activities as well as damages to a third party during the guided tour.
NICE BOAT TOUR confirms that it has its own Civil Responsibility Insurance covering its activity.
NICE BOAT TOUR confirms that the boat is entirely covered by insurance against the risks of fire and collisions as well as having civil responsibility cover for the entirety of the tour.
NICE BOAT TOUR cannot be held responsible for any loss of damage to personal goods, or personal prejudice suffered by a client during a guided tour, regardless of whether the loss or injury is caused on the boat or elsewhere. Precisely and without impeding on the preceding statement, NICE BOAT TOUR and their insurers do not accept any responsibility for any accidents, injury or death connected to swimming and/or the utilization of tubas, masks or other equipment (such as the seabob) provided by NICE BOAT TOUR.
The client is held responsible to return all equipment in good, clean condition. If any deterioration or loss is identified to the material, the client is held responsible and as such must pay for the reparations or replacement of said material with an identical objet.
PARTICIPATION OF A GUIDED TOUR
The guided tour is available to all persons having attained the majority, or by minors engaged by their legal representative. The client declares themself to be apt for navigation and not to suffer from any medical condition that may be prohibitive to the activity. For all sea going activities the client must be capable of swimming.
NICE BOAT TOUR accepts that if during the guided tour, the boat suffers a mechanical fault, is affected by fire, suffers a collision or is unusable by the client for a period of 24hours consecutive or more, and that none of these conditions have been caused by the client, that the client has the right to cancel the guided tour.
NICE BOAT TOUR shall reimburse the totality of down payments paid by the client as mentioned in “PAYMENTS AND CANCELLATIONS”.
The client accepts the responsibility to replace, repair or reimburse all damages inflicted on the boat and equipment by themselves or by one of their guests.
CONFLICT, TERRITORIAL JURISDICTION AND APPLICABLE LAW
In the event of a law suit concerning the interpretation of, or the execution of the guided tour, as described to in the Terms and Conditions, French Law through the Tribunal d’Instance de Nice is the only competent body. If these conditions are translated into various languages, only the original French version is accountable.
PROTECTION OF PERSONAL INFORMATION
In accordance to the law “informatique et libetés” of the 6th January 1978 modified in 2004, the client has the right to access and modify any information concerning them. To do so they must contact Mr Vincent Christian via letter at: 1 Passage Emile Négrin, 06000 Nice or via email: email@example.com
The client may, with justifiable reasoning, objet to use of any personal information.
Any legal action related to the aforementioned boat tours is at Beaulieu sur Mer (Port des Fourmis, the mooring of the boat), and both parties must as such submit their case to the Tribunal d’Instance de Nice.
IMPLEMENTATION OF THE AGREEMENT
This is an agreement, which constitutes a contract between NICE BOAT TOURS and the client.
The client has read and understood the TERMS AND CONDITIONS of this agreement and as such the conditions of the guided tour.
The confirmation by the client via email to the address firstname.lastname@example.org or by the signature of the TERMS AND CONDITIONS constitutes the acceptance of said TERMS AND CONDITIONS as stipulated between themselves and NICE BOAT TOUR for the hire of the boat Hippocame (Bayliner 6.52).