TERMS AND CONDITIONS OF SALE

SPECIFIED SERVICE

The general conditions of sale concern the services offered by aliceBoat in charge of the sites aliceboat.com and boat-tour.fr (Nice Boat Tour), for boats rental, in the county of the Alpes-Maritimes the Alpes-de- Maritimes.

They are applicable to all of the participants of the proposed tours (hereafter referred to as the Client)

DEFINITION.

This contract is for a service on a boat and under the exclusive control of the skipper and in accordance with all terms and conditions.

INCULDED COSTS

The price includes insurance, skipper, fuel, boat, foodstuffs, drinks and leisure equipment (masks, snorkels)

EXCLUDING COSTS

The price does not include anything which is not aforementioned under “Included Costs”.

If the client cancels the tour, any deposit or payment shall be reimbursed according to the day and the reason of the retraction, via the following conditions:

  • 7 days before the tour: 50 € administration fees will be charged to the client
  • Less than 7 days before: Deposit is not refunded

Bad weather and unforeseen things (If aliceBoat cancel the tour and If the boat is unseaworthy due to an accident, breakdown or other circumstances, the contract is cancelled): full refund.

FORCE MAJEURE

Force majeure is defined as an act of god, an accident, a natural catastrophe, climatic conditions or other events outside of reasonable control of aliceBoat, or the client, and not caused by aliceBoat, or by negligence of the client. aliceBoat reserves the right to cancel a tour in case 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, aliceBoat 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.

AUTHORITY

aliceBoat 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 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 tour using the provided material, following the orders of the skipper and Maritime Law.

Alice Bougault 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.

The client accepts to participate in the tour using the provided material, following the orders of the skipper and Maritime Law.

Alice Bougault 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 tour.

PARTICIPATION OF A TOUR

The tour is available to all persons having attained the majority, or by minors engaged by their legal representative. The client declares themselves 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.

ACCIDENTS

Alice Bougault 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.

Alice Bougault 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 service, 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 libertés” 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 Alice Bougault via letter at: “aliceBoat, IBC, 2 rue du Gabian 98000 Monaco” or via email: “contact@aliceboat.com. The client may, with justifiable reasoning, object to use of any personal information.

LOCATION

Any legal action related to the afore mentioned boat tours is at Nice (next to Port of Cap d’Ail, 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 aliceBoat and the client.

The client has read and understood the TERMS AND CONDITIONS of this agreement and as such the conditions of the tour.

The confirmation by the client via email to the address contact@aliceboat.com and  nice-boat-tour@aliceboat.com or by the signature of this contract with the TERMS AND CONDITIONS constitutes the acceptance of said TERMS AND CONDITIONS as stipulated between themselves and Alice Bougault for the hire of the boat.

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