Terms and Conditions of Charter

Charter of pleasure vessels

This English text is a translation provided for information only. In the event of any discrepancy or dispute, the French version of the Conditions générales de location prevails.

PREAMBLE — PARTIES AND DEFINITIONS

These general terms and conditions (the “T&Cs”) govern the charter of the pleasure vessels offered by:

MARTINIQUE YACHT CHARTER (the “Owner”), a limited liability company (SARL) with share capital of 8,000 euros, registered office at 29 Habitation Baie du Marin, 97290 Le Marin, Martinique, registered with the Fort-de-France Trade and Companies Register (RCS), SIRET 823 250 154 00015, APE code 7721Z. Office phone: +596 596 74 79 11 — Email: Email us — Website: www.martiniqueyachtcharter.fr — EU VAT number: FR09823250154.

The “Charterer” means the person who signs the charter agreement. The “Skipper in charge” means the person named in the agreement as responsible for handling the vessel; unless otherwise stated, this is the Charterer. The “Boat” means the chartered vessel, identified in the specific conditions together with her equipment and tender.

The charter agreement consists of the specific conditions (dates, boat, price, security deposit, options, cruising area), these T&Cs and their appendices. In the event of conflict, the specific conditions prevail.

ARTICLE 1 — PRICE, BOOKING AND PAYMENT

A. Price. Prices are stated in euros, all taxes included. They include the charter of the Boat and her equipment, and the insurance described in Article 4. Unless otherwise stated in the specific conditions, they do not include: consumables (Article 11), options (skipper, paddleboard, fishing rod…) and the compulsory cruise pack, mooring fees, clearance fees and entry taxes in the countries visited.

B. Booking. The charter agreement only becomes binding and takes effect upon receipt of the signed agreement and actual payment of the 30% deposit on the total price. No booking is guaranteed until this deposit has been paid. Once the agreement has taken effect, payment is made according to the following schedule: 30% on booking (deposit), 30% no later than 55 days before embarkation (D-55), and the 40% balance no later than 30 days before embarkation (D-30).

C. Booking fee. A booking fee of 40 euros including tax is payable on booking; its amount is also shown in the charter agreement / specific conditions. It is retained by the Owner in the cases set out in Articles 2 and 7.

D. Cleaning fee. A return cleaning fee of 200 euros including tax is charged if the Boat is not returned clean or is left excessively dirty. This fee may be deducted from the security deposit.

E. Security deposit. The amount of the security deposit is set in the specific conditions according to the Boat; only the amount stated in the specific conditions is authoritative. It is paid no later than embarkation by the method stated in the specific conditions (credit card pre-authorisation or other). It does not limit the Charterer’s liability. It does not cover the tender or its outboard engine (see Article 10 E).

F. Payment methods. Bank transfer to the Owner’s account, whose bank details are given in the specific conditions, or by credit card or online payment link sent by our team. Bank charges, including international charges, are borne by the Charterer. The Owner never changes bank details by email: if in doubt, call us on +596 596 74 79 11.

G. No right of withdrawal. The charter of a pleasure vessel for a specific date or period does not give rise to the 14-day withdrawal period (Article L. 221-28, 12° of the French Consumer Code).

ARTICLE 2 — CANCELLATION OR CHANGES BY THE CHARTERER

A. Charter dates may only be changed with the Owner’s written agreement and subject to availability.

B. In the event of cancellation by the Charterer for any reason whatsoever (other than force majeure, Article 12), notified in writing, the Owner retains the following amounts (as a percentage of the total charter price), depending on the date the cancellation is received before embarkation:

• more than 90 days before embarkation: booking fee only;
• 89 to 60 days: 30%;
• 59 to 30 days: 60%;
• less than 30 days or no-show: 100%.

Any amounts paid in excess of the amount retained are refunded to the Charterer; any amounts still outstanding at the date of cancellation, up to the amount retained, remain payable.

C. If the Owner manages to re-let the Boat for the same period and on the same terms, the amounts paid are refunded, less the booking fee.

D. The Charterer may take out, for their own benefit and at their own expense, cancellation insurance covering these risks. The Owner can provide the details of an insurer on request.

E. If the Boat handed over is not seaworthy, due to the lack of an essential safety item or non-compliance with regulations, and the Owner cannot offer a boat of equal or superior specifications, the Charterer may terminate the agreement and obtain a refund of the amounts paid.

ARTICLE 3 — CANCELLATION BY THE OWNER

If, as a result of damage occurring during the previous charter, an incident, an administrative decision or dangerous weather conditions, the Owner cannot hand over the Boat on the agreed date, the Owner will offer, in this order: (1) a boat of equivalent or larger size and capacity; (2) a postponement of the charter; failing agreement, (3) a refund of the amounts paid, pro rata to the days of lost use, within 14 days.

ARTICLE 4 — BOAT INSURANCE AND EXCESS

A. Insurance taken out by the Owner. The Owner declares that, for each Boat offered for charter, it has taken out an insurance policy covering: damage to the hull, engine, accessories and fittings of the Boat; total or partial theft and misappropriation; the Charterer’s third-party liability (property damage and personal injury). The premium is included in the charter price. A summary of cover can be provided on request.

B. Excess. The Charterer remains their own insurer up to the amount of the excess, set in the specific conditions according to the Boat (the exact amount is shown in the specific conditions). The excess is deducted from the security deposit. The following, in particular, are excluded from insurance cover and remain entirely the Charterer’s responsibility (including beyond the deposit): sailing outside the authorised area; night sailing outside the scope of Article 6 D; handling the boat under the influence of alcohol or drugs (Article 8); intentional misconduct or gross negligence; and more generally any incident excluded by the Boat’s insurance policy.

C. Persons on board. The policy does not cover personal injury that the Charterer and persons on board may suffer. The Charterer is strongly advised to take out personal accident / repatriation assistance insurance.

D. Personal belongings. The Owner is not liable for loss, theft or damage to the personal effects and belongings of the Charterer and persons on board. The Charterer is advised to insure them, for their own benefit and at their own expense.

ARTICLE 5 — TAKING OVER THE BOAT

A. The Boat is handed over once the balance has been paid, the security deposit lodged (imprint or pre-authorisation on the Charterer’s personal credit card), the inventory signed, and the Owner has checked the identity and certificates / licences of the Skipper in charge and crew (original documents and copies retained, or a complete crew list). The Owner hands over a Boat in seaworthy condition, equipped and insured in accordance with the regulations applicable to the intended navigation category.

B. The condition of the Boat and her equipment are described in a joint inventory (with dated photos) given to the Charterer, together with the mandatory ship’s papers (registration certificate, safety certificate, list of safety equipment). A technical briefing is given at departure. Unless a different time is set in the specific conditions, embarkation takes place at 5 pm in the port of Le Marin (Martinique).

C. Signing the inventory constitutes acknowledgement that the Boat is in good working order and clean, subject to any remarks noted on it. Defects not apparent at the time of the inventory must be reported to the Owner within 24 hours of taking over the Boat.

D. The Owner provides the Charterer with a free berth in the port of embarkation on the day of departure.

ARTICLE 6 — CRUISING AREA AND FORMALITIES

A. Authorised area. Navigation is limited to the area set in the specific conditions, the standard area offered being the waters from Martinique to Saint-Martin in the north, and south to Saint Lucia, Dominica and Saint Vincent and the Grenadines (international area); the exact list of authorised countries and waters for each charter is that set in the specific conditions. Prohibited areas or anchorages: any place that does not allow safe anchoring, as well as those prohibited by the competent authorities; where applicable, those listed in the specific conditions or in an appendix. In any event, the territorial waters of Haiti, Colombia, Jamaica, Venezuela and the Dominican Republic are excluded from authorised navigation (and from insurance cover). Any navigation outside the area requires the prior written agreement of the Owner and, where applicable, of the insurer.

B. International area. The Charterer is informed that the cruising area includes foreign waters and states, each with its own laws and its own customs, health and police authorities. The Skipper in charge is solely responsible for completing entry and exit formalities (clearance) in each country, for holding the identity documents and visas required for each person on board, and for complying with local regulations (marine parks and reserves, fishing, anchoring, environment).

C. Fees. Clearance fees, entry taxes, marine park fees and mooring fees are payable by the Charterer.

D. Night sailing. In accordance with the Boat’s insurance conditions applicable to the Caribbean area:

1. Sailing between sunset and sunrise is in principle prohibited and not covered by the insurance.
2. Night sailing is only permitted if it is necessary because of a transfer (delivery of the Boat) or the distance between islands, and provided the passage is planned so that landfall takes place in daylight. Recreational night sailing without necessity, as well as any arrival or entry into a port or anchorage at night, is prohibited.
3. For bareboat charters, the Charterer signs, before departure, a recourse declaration by which they acknowledge these rules and agree to be held liable, including by way of recourse, for any incident occurring in the event of non-compliance.
4. Even with the Owner’s written agreement, night sailing outside the above scope remains excluded from insurance ; the resulting damage and costs remain entirely the Charterer’s responsibility, including beyond the security deposit.

ARTICLE 7 — USE OF THE BOAT, LIABILITY AND DAMAGE

A. Prudent use. The Charterer undertakes to use the Boat prudently and reasonably, in accordance with her intended purpose, and to comply with the regulations of the maritime authorities, customs and police, in France and in the countries visited. Minors on board are under the responsibility of the Skipper in charge and, if not accompanied by their parents or guardians, must have their written permission.

B. Competence. The Charterer declares that the Skipper in charge has the knowledge, experience and certificates / licences required for the intended navigation and area. A sailing CV may be requested before departure.

For any bareboat charter taking place wholly or partly between 1 July and 30 November, the Skipper in charge must provide evidence, before embarkation, of extended skipper liability insurance covering gross negligence up to at least €500,000, unless the Owner provides an already insured professional skipper. Failing this, the Owner may refuse to hand over the Boat or require a professional skipper at the Charterer’s expense.

Outside this period, taking out skipper liability insurance is strongly recommended for the Charterer / Skipper in charge.

C. Refusal to hand over. The Owner may refuse to hand over the Boat if, following the briefing or a trial sail, the Skipper in charge does not demonstrate sufficient competence for the safety of the Boat and the people on board, notwithstanding the certificates presented. The Charterer may then either hire a professional skipper at their own expense (daily rate set in the specific conditions / price appendix; skipper’s meals extra), or terminate the agreement and obtain a refund of the amounts paid, less the booking fee, with no damages payable by either party.

D. Skipper. When a professional skipper is hired, the Charterer remains responsible for the Boat and the people on board, except in the event of fault by the skipper in handling the vessel.

E. Exclusive use. The Charterer only takes on board the authorised number of people (including day visitors) and only uses the Boat for recreational sailing, excluding any commercial activity, professional fishing, carriage of passengers or goods for payment, racing or competition.

F. Logbook. The Charterer keeps the logbook provided by the Owner and records the navigation and any incidents and damage in it.

G. Minor repairs. In the event of a breakdown or loss resulting from normal wear and tear, the Charterer may, with the Owner’s prior agreement (by phone or message, with a photo), have the item repaired or replaced if the cost does not exceed 10% of the security deposit. The outlay is refunded on presentation of an invoice in the Owner’s name, unless caused by the fault or negligence of those on board. Above this amount, the Owner’s written agreement is required.

H. Serious damage. In the event of serious damage (dismasting, water ingress, fire, grounding…), the Charterer immediately notifies the Owner and the insurer and follows their instructions. In the absence of instructions, the Charterer has a report drawn up by a marine surveyor. Failing this, the Charterer may be held liable for all costs incurred.

I. Loss of use. Loss of use following damage does not give rise to any refund, unless the damage is not attributable to the Charterer; in that case, the refund applies beyond an initial 48-hour period.

J. Subletting and lending the Boat are strictly prohibited.

ARTICLE 8 — ALCOHOL AND DRUGS: PROHIBITED AT THE HELM

A. Under French law, it is prohibited to operate a vessel under the influence of alcohol, while manifestly intoxicated, or after using drugs. These offences are punishable under the French Transport Code and may also be punishable under the laws of the countries visited.

B. Contractually, the Charterer undertakes that the Skipper in charge, and anyone who takes the helm, handles the Boat or takes part in a manoeuvre (getting under way, anchoring, mooring, driving the tender), consumes neither alcohol nor drugs before or during these operations, and is never under their influence.

C. Any breach constitutes serious misconduct by the Charterer. The resulting damage is excluded from insurance and remains entirely the Charterer’s responsibility, including beyond the amount of the security deposit. The Owner may also terminate the charter without refund.

ARTICLE 9 — PROHIBITED GOODS AND CUSTOMS INSPECTIONS

A. It is strictly prohibited to hold, carry, import or export on board any prohibited or illegal goods: drugs, weapons and ammunition, protected species (fauna, flora, coral, shells), counterfeit goods, as well as any goods subject to declaration or duty (alcohol, tobacco, cash above declaration thresholds…) without the required formalities.

B. As the cruising area is international, the Charterer is informed that each country visited applies its own customs and criminal rules, sometimes stricter than French law, and that the Boat may be inspected at any time by French or foreign authorities.

C. The Charterer alone is answerable to the authorities for any prosecution, fines, confiscation and penalties resulting from a breach of Articles 6, 7 E and 9, even if unintentional, and releases the Owner from any liability in this respect, in particular as shipowner.

D. In the event of seizure, detention or confiscation of the Boat, all costs (fines, administrative bonds, legal costs, guarding and repatriation costs) are borne by the Charterer, who also owes the Owner compensation for immobilisation equal to the Boat’s daily charter price multiplied by the number of days of immobilisation, without prejudice to any other damages.

ARTICLE 10 — RETURN OF THE BOAT AND THE SECURITY DEPOSIT

A. Return. The Charterer brings the Boat back to the designated port on the agreed date and time (unless otherwise stated in the specific conditions: port of Le Marin, 10 am on the day of disembarkation), unless subsequently agreed in writing. On return, the Charterer reports to the Owner and makes an appointment for the inventory and inspection, with the Boat first cleared of luggage and occupants. Cleaning and inventory time is part of the charter period. The Charterer has a free berth in the port of return on the scheduled day.

B. Late return. Each day of delay entitles the Owner to compensation equal to twice the daily charter price. By exception, no compensation is due if the delay results from dangerous weather conditions, a decision or order of the authorities, or a reason relating to the safety of persons or the Boat, provided that the Charterer has informed the Owner as soon as they become aware of it and follows the Owner’s instructions. The Skipper in charge must nevertheless anticipate weather forecasts in order to return on time.

C. Inability to bring the Boat back. If the Charterer cannot personally bring the Boat back to the scheduled port, they immediately inform the Owner and arrange, at their own expense and risk, for the Boat to be guarded and then delivered by a qualified professional approved by the Owner. The charter only ends when the Boat has actually been returned.

D. Return of the security deposit. The Boat and her equipment must be returned in good working order and clean. If the condition on return is satisfactory, the security deposit is returned (or the pre-authorisation released) within one month of the Boat’s return at the latest. If any amount is withheld, the Owner provides justification (photos, quotes or invoices).

E. Tender and outboard engine. The tender and its outboard engine are excluded from the Boat’s insurance and are not covered by the security deposit referred to in Article 1 E. In the event of loss, theft or destruction, the Charterer must replace them like for like (or with equivalent value) at their own expense. Repairable damage is also entirely their responsibility. These amounts are invoiced separately and remain payable regardless of the security deposit, including beyond its amount.

F. Cleaning. If the Boat is not returned clean, the cleaning fee provided for in Article 1 D is charged.

G. Damage and losses. Any damage to or loss of the Boat or an inventory item (excluding the tender and outboard engine, governed by Article 10 E) is the Charterer’s responsibility (repair or like-for-like replacement), deducted from the security deposit and, where applicable, beyond it.

H. Insured incident. If the damage falls under the insurance described in Article 4, the return of the security deposit may be deferred until the insurer has settled the claim. It is then returned less the excess and ancillary costs (telephone, travel, survey, guarding, etc.).

ARTICLE 11 — CONSUMABLES AND COSTS PAYABLE BY THE CHARTERER

The following are payable by the Charterer during the charter: fuel for the Boat and tender, lubricants, gas, water, mooring and buoy fees, entry taxes and duties in the countries visited, call-outs attributable to the Charterer, and more generally all consumables needed for the proper operation of the Boat. Fuel rule: the Boat is handed over full; the Charterer returns it full. Otherwise, the missing fuel is charged to the Charterer.

ARTICLE 12 — FORCE MAJEURE, HURRICANES AND DECISIONS OF THE AUTHORITIES

A. Neither party is liable for failure to perform its obligations caused by an event of force majeure within the meaning of Article 1218 of the French Civil Code.

B. This includes in particular, if they meet these conditions: a hurricane or an official cyclone alert (the hurricane season runs from June to November), a port or border closure, a ban on navigation or a health restriction imposed by the authorities.

C. In such cases, the Owner will first offer a postponement of the charter or a credit note; failing agreement, the amounts paid for the period not performed are refunded, less the booking fee. In the event of a cyclone alert during the charter, the Charterer follows the instructions of the Owner and the authorities, including an early return to port. The Charterer is informed that damage caused by a named hurricane or tropical storm may be excluded from the Boat’s insurance policy unless specifically extended; this does not affect the postponements / refunds provided for in this article.

ARTICLE 13 — PERSONAL DATA

The Owner processes the personal data of the Charterer and persons on board (identity, contact details, identity documents, crew list) for the performance of the agreement, customs and police formalities, insurance and safety, and for its accounting obligations. This data is only disclosed to the authorities, insurers and service providers concerned, and is kept for as long as necessary for these purposes and the applicable legal periods. In accordance with the GDPR, everyone has the right of access, rectification, erasure, restriction and objection, which can be exercised by email, as well as the right to lodge a complaint with the CNIL (French data protection authority).

ARTICLE 14 — COMPLAINTS, MEDIATION, GOVERNING LAW AND JURISDICTION

A. Complaints. Any complaint must be sent in writing to the Owner (email or post) within 30 days of the end of the charter. The Owner undertakes to reply within 30 days.

B. Consumer mediation. If no amicable solution is found, a consumer Charterer may refer the matter free of charge to the competent consumer mediator (Articles L. 612-1 et seq. of the French Consumer Code). Mediator: CM2C – Centre de la Médiation de la Consommation de Conciliateurs de Justice, 49 rue de Ponthieu, 75008 Paris, France – tel. +33 1 89 47 00 14 – www.cm2c.net. Before contacting the mediator, the Charterer must have sent a written complaint to the Owner.

C. Governing law. The agreement is governed by French law.

D. Jurisdiction. Failing agreement, disputes are brought before the courts of Fort-de-France (Martinique) where the Charterer acts in a professional capacity. A consumer Charterer may, in addition, refer the matter to any court with jurisdiction under the applicable legal rules.

MARTINIQUE YACHT CHARTER SARL — 29 Habitation Baie du Marin, 97290 Le Marin, Martinique — SARL with share capital of 8,000 euros — APE 7721Z — RCS Fort-de-France — SIRET 823 250 154 00015
Last updated: October 2026