Object
These General Terms and Conditions of Sale, hereinafter referred to as the «GTC», aim to define the conditions under which Clapi Boats proposes and organizes its services, particularly in the context of boat and yacht rentals, as well as the respective rights and obligations of Clapi Boats and the customer.
The specific details of each reservation, in particular the boat, the date, the schedules, the port, the price and any additional services, are specified in the proposal, the estimate, the contract or the reservation confirmation sent to the client.
Role of Clapi Boats
Clapi Boats acts in particular as an intermediary, manager, and commercial organizer in the context of the services offered on its site and through its various booking channels.
The boats offered are not necessarily owned by Clapi Boats. They may belong to private or professional owners and be offered for rent directly or as part of a management or marketing mandate.
Depending on the service in question, certain obligations may thus be fulfilled directly by the owner, the boat operator, the skipper, the crew, or any other independent service provider involved in the execution of the booking.
Acceptance of the Terms and Conditions
Any reservation confirmed with Clapi Boats implies full and unreserved acceptance of these terms and conditions by the customer.
When special conditions, a quote or a specific contract are established for a reservation, their provisions supplement these T&C. In the event of a contradiction, the special conditions expressly agreed upon for the reservation in question shall prevail.
Services offered
Clapi Boats offers boat and yacht rental services, chartering, organization of day or multi-day trips, as well as services related to private or professional events.
Additional services may be offered depending on the boat and the booking: additional crew, catering, drinks, water sports equipment, transfers, stops, port services, or other customized services.
The exact content of the service is that indicated in the corresponding booking confirmation or contract.
Booking conditions
A request for availability or the sending of a commercial proposal does not, in itself, constitute a firm reservation.
The reservation becomes effective after confirmation by Clapi Boats and fulfillment of the conditions indicated to the client, notably the possible signing of the contract and the payment of the deposit or the requested amount.
The balance must be paid within the timeframes specified in the confirmation or contract. Failing payment within the agreed timeframes, Clapi Boats reserves the right to consider the reservation as unconfirmed or cancelled, within the limits provided by applicable regulations.
Rates & payment
Prices are indicated in euros. Their presentation including or excluding tax, as well as the applicable VAT rate, are specified in the commercial proposal or contract.
The price and included items may vary depending on the boat. Unless otherwise indicated, certain expenses related to the operation or requested program may be billed separately, including fuel, port fees, catering, certain water sports equipment, or additional services.
The accepted payment methods and means are communicated to the customer at the time of booking.
Customer cancellation
Unless otherwise expressly agreed upon for the booking in question, the following conditions apply in the event of cancellation by the customer:
Deadlines are calculated relative to the scheduled start date of the service. Any specific conditions appearing on the quote or the reservation contract shall prevail over these provisions.
Weather conditions & safety
Navigation remains subject to weather conditions, sea state, and safety requirements.
The final decision regarding the possibility of sailing, the itinerary, or the need to interrupt a trip rests with the captain and, where applicable, the professional responsible for operating the boat.
When conditions genuinely do not allow for the scheduled service to be performed safely, Clapi Boats will primarily work with the client to find a new date to postpone the reservation.
If no acceptable postponement can be agreed upon and the service cannot be performed for this reason, the sums paid for the unperformed service will be refunded to the client.
Weather that is simply less favorable than the client desired does not automatically constitute an impossibility to sail and cannot, by itself, be equated with a weather cancellation.
Skipper & crew
When the service requires the intervention of a skipper, the latter acts as an independent professional and is not an employee of Clapi Boats.
Clapi Boats can facilitate the connection, coordination, and organization of this service on behalf of the client. However, the skipper performs their navigation and command duties with complete independence, in accordance with their professional obligations and safety rules.
The customer and all passengers undertake to comply with the skipper's instructions regarding navigation, safety, behavior on board, and the use of equipment.
Client obligations
The customer agrees to provide accurate information regarding their reservation, including the number of passengers, and to respect the maximum authorized capacity of the boat.
He is responsible for the behavior of the persons participating in the service under his reservation and undertakes to ensure compliance with safety regulations and crew instructions.
Any damage resulting from wrongful, intentional, or manifestly inappropriate behavior by the customer or one of their guests may give rise to invoicing, subject to proof of the damage.
The skipper may refuse or interrupt the voyage when the behavior of a passenger is likely to compromise the safety of the persons, the boat, or third parties.
Assurances
The boats offered for rent must have the necessary insurance for their operation in accordance with their situation and applicable regulations.
These insurance policies can be taken out by the owner, the operator, or any other person legally responsible for the boat. Since Clapi Boats is not the owner of the boats offered, the applicable coverage may vary depending on the boat in question.
The client remains responsible for their personal belongings and may, if they wish, take out any additional insurance suited to their situation.
Responsibility
Clapi Boats fulfills the obligations incumbent upon it directly within the framework of the service it provides.
When certain services are performed by an owner, an operator, a skipper, or an independent service provider, the liability of each party is assessed with regard to their own obligations and within the limits provided by applicable legislation.
Clapi Boats cannot be held liable for any change of itinerary, delay, or adjustment to the service decided for reasons of safety, regulations, maritime conditions, or circumstances beyond its control.
Force majeure
Neither party shall be held liable for any failure resulting from an event having the characteristics of force majeure under French law.
When such an event prevents the performance of the service, the parties shall seek, whenever possible, a solution allowing for its postponement or adaptation.
Complaints
Any difficulty relating to a service must be reported to Clapi Boats as soon as possible in order to allow, where possible, the search for a solution.
Any claim made after the service can be sent in writing to Clapi Boats at the address contact@clapiboats.com .
The parties shall favor an amicable resolution of any dispute prior to the initiation of proceedings.
Applicable law
These General Terms and Conditions of Sale are governed by French law.
In the event of a dispute, the applicable jurisdictional rules are those provided for by current legislation, particularly when the customer is acting as a consumer.
Contact
For any questions regarding a reservation or these General Terms and Conditions of Sale, you can contact our team:
contact@clapiboats.com →