Boating Holidays across the canals and rivers of Europe from Le Boat

• Best Cruising Destinations
• Biggest Choice of Boats
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• Only company to offer rates in US Dollars

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Terms and Conditions 2010

Legal

1. CHARTER RESERVATION: This confirmation automatically initiates the terms below, which are published in our rate sheet. Your Contract is with Le Boat. By signing this document it means you have read and accepted these booking conditions. The party leader (hereinafter referred to as the “Hirer”) will be responsible for the full cost of the vacation including any insurance premiums, cancellation or amendment charges. A contract exists as soon as Le Boat issues your invoice. You should check the details of your invoice carefully to ensure that it accurately reflects the booking and costing you have requested and immediately inform the Company of any discrepancies. Le Boat may delegate the performance of any part of this agreement to its affiliates, employees, officers, directors, and agents (hereinafter referred to collectively as “The Company”).
   
   
2. PAYMENT TERMS: 35% of the hire charge is due upon booking (the “Deposit”). The outstanding balance (the “Balance”) is due 60 days prior to departure (the “Due Date”). A 1.5% late fee will be applied to the Balance if not paid by Due Date.
   
   
3. CANCELLATION TERMS: To cancel a reservation (“Cancellation”), the Hirer should notify the Company in writing. If the Cancellation is received by the Company 90 days or more prior to departure, either (i) a $300 penalty should be assessed or (ii) the charter dates may be rescheduled for an administration fee. If the Cancellation is received by the Company between 89-61 days prior to departure, either (i) the Deposit shall be forfeited or (ii) the charter dates may be rescheduled and a $300 penalty shall be assessed. If the Cancellation is received by the Company 60 days or less prior to departure, there shall be no refund of the Deposit or Balance and any portion of the Balance not yet paid shall be immediately due. If any scheduled payment by Hirer has not been received by the Due Date, the Company reserves the right to cancel a charter and retain all Deposits and fees paid to date. All changes to bookings and confirmation, including but not limited to date or type of boat (hereinafter “Changes”) will be subjected to an administration fee. The Company reserves the right to treat Changes as Cancellations in accordance with the terms of this Paragraph 3.
   
   
4. CANCELLATION AND TRIP INSURANCE: Is available to all North American residents partaking in a Le Boat Vacation. This comprehensive vacation insurance program cost $79.95 per person. This is optional, but must be declined before 60 prior to departure if not required. Full details of coverage are on the Le Boat Travel Protection Program leaflet and specific questions should be directed to AIG Travel Guard at (877)525-2365, please refer to product number 008254 P3.
   
   
5. HIRE PERIODS AND ROUTES: Unless otherwise agreed and shown on the Booking Confirmation, bookings are for the period at the date, time and place of embarkation stated on the Hirer’s Booking Confirmation (On all European charters the boat can normally be taken over at 4:00pm and must normally be returned before 9:00am). The Company reserves the right, should it be necessary for operational reasons, to alter the place of embarkation and/or disembarkation, to reverse the direction of a one-way cruise, to change to an out-and-return cruise or vice-versa, and such minor changes with respect to a given river or canal will not give the Hirer the right to cancel the booking nor to have any money back. It is essential therefore that the Hirer contacts the Company or the departure base 48 hours before the start of the cruise for confirmation of the route. If a change is a major change from the agreed booking, you have the choice to either accepting the change in arrangements, accepting an alternative vacation agreement from what is available or canceling your vacation arrangements and receiving a full refund of monies paid in all cases, except where changes arise beyond the Company’s control.
   
   
6. DELIVERY: The Company will deliver the boat to the start port on the specified start date in full commission and ready for service. Should the specified boat not be available, the Company reserves the right to substitute a similar boat of similar capacity and standard, or another alternative acceptable to the Hirer. The Hirer must examine the boat prior to departure to determine whether the boat is in good working order, is properly outfitted with all standard safety equipment, accessories, and utensils, as well as any other requested items (the “Inventory”). Acceptance by the Hirer certifies that the obligations of the Company for delivery have been fulfilled. If the Company is unable to deliver the boat or a substitute within 24 hours of the delivery time specified, the Hirer may cancel this agreement and the total fee will be refunded. The Hirer shall be entitled to a pro rata portion of the fees covering periods of delay in delivery of the boat. Should the Hirer not be present or not ready to accept delivery of the boat for whatever reason at the specified time and place, the Company reserves the right to reset the time of delivery within a 24 hour period thereafter.
   
   
7. AVAILABILITY OF THE BOAT: If due to circumstances beyond its control, the Company is unable to provide the Hirer with a boat of the type booked or a boat of similar capacity and standard, or another alternative acceptable to the Hirer, the Company will refund hire charges paid by the Hirer, in which case the Hirer will have no further claim against the Company.
   
   
8. DAMAGE WAIVER: The Damage Waiver ensures that the Hirer is fully covered for any loss or accidental damage to the boat or third party. This does not apply in the case of negligence, loss or damage of bicycles and outside equipment such as table, chairs and umbrellas.
   
   
9. RUNNING EXPENSES: The Hirer agrees to pay any additional running expenses during the term of the cruise, which have not been prepaid as part of the vacation package. Such additional running expenses may include, but are not limited to, food and other consumable items, fuel, pilotage, mooring and dockage fees, port charges, cruising taxes and part permits, customs and provisions, and supplies for the Hirer and their party.
   
   
10. SKIN DIVING AND SWIMMING: The Company, the boat owner and the insurance underwriters shall not be held liable for accidents, injuries or death due to swimming, windsurfing, kayaking or the use of snorkels, masks or allied equipment such as scuba equipment and sailboards.
    
    
11. INSURANCE: The Company is responsible for the insurance of the boat and its equipment and the insurance of the Hirer’s third party liability as Hirer of the boat. The Company’s insurance does not cover the Hirer’s personal belongings and the Company accepts no responsibility in the event of loss or damage to the Hirers personal belongings, either on the boat or on the Company’s premises.
    
    
12. UNSUITABLE HIRERS:  The Company reserves the right to refuse to hand over a boat to any Hirer who, in the sole and absolute discretion of the Company, is not suitable to take charge.  In such case, the Company will refund all hire charges and its liability to the Hirer will thereupon cease.  The Company’s decision not to exercise its rights in accordance with this Paragraph 12 shall in no way be construed as an acknowledgment or determination of the suitability of the Hire’s (or his or her party’s) actions, for which the Hirer assumes sole responsibility.  The Company reserves the right to repossess a boat from the Hirer who in the opinion of the Company is not suitable to continue his or her cruise.  All Hires must participate in safety, technical and navigation briefings as determined by the base prior to departure.
    
    
13. TERMINATION OF VACATION AND INDEMNITY:  The Hirer accepts responsibility for the proper conduct of themselves and their party.  The Company reserves the right in its absolute discretion to terminate, without further notice, the vacation arrangements for any Hirer who refuses to comply with the instructions or orders of the Company and whose behavior or competence in the Company’s opinion is likely to cause distress, damage, danger or annoyance to other customers, staff, any third party or to the property.  Upon such termination the Company’s responsibility for the Hirer’s vacation ceases and shall not be liable for any costs incurred by the Hirer.
    
    
14. BOAT DESCRIPTIONS: Boat layout plans, specifications and illustrations in the brochure are for general guidance.  Some boats within classes have minor variations.
    
    
15. NAVIGATION LIMITS:  Boats must cruise within the limits indicated in the documentation supplied to the Hirer and should at all times comply with the waterways regulations.  If advised of an infringement of this condition the Company may repossess the boat and the Hirer will be responsible for all expenses incurred even in excess of the amount of the Security Deposit.  The Company reserves the right to restrict cruising areas if unusual or hazardous conditions prevail.
    
    
16. ACCIDENTS AND LOSS OF EQUIPEMENT:  The Hirer undertakes to report immediately any accident of any nature in which he or his boat is involved.  In such an event, the Hirer will fill in the Accident form provided in the Livre Blue (in Europe) and ask other parties involved to complete the same form.  The Hirer will not cause any repairs to the boat nor will the Hirer ask for or cause any third party to repair the boat without the prior written consent of the Company.  The Hirer undertakes to report any other damage to the boat and any equipment lost, stolen or broken upon returning the boat to the Company.
    
    
17. TECHNICAL ASSISTANCE AND BOAT DELAYS: The Company undertakes to maintain a breakdown service during normal working hours every day of the week during the season and to attend to any breakdown or other technical incident rapidly within the context of available material and personnel. Outside normal working hours, and emergency service operates.
    1. Every boat is checked out before the start of each hire cruise and the Company takes all reasonable steps to ensure that the boat will not suffer a mechanical breakdown. If a breakdown of any kind should occur, the Hirer must report it to the base immediately so that steps can be taken to make repairs and enable the cruise to be resumed.
    2. The Hirer shall have no claim against the Company as a result of any grounding or breakdown or failure of the boat’s engine or equipment. When such breakdown or failure is due to the negligence of the Hirer, the Company will have the right to recover from the Hirer the expenses incurred by rectifying the matter.
       
       
18. RETURN OF THE BOAT: The boat must be returned to the Company at the end of the cruise and vacated at the agreed time and place as shown on the Booking Confirmation. The Company reserves the right to recover from the Hirer any expenses, which it incurs as a result of late return or non-return of the Boat at the agreed time and place, including the abandonment fee of $500 for any Boat not returned to the states place of disembarkation. The boat must be returned in a clean and tidy condition. The Company reserves the right to charge a fee should extra cleaning be necessary.
    
    
19. RESTRICTED OR INTERRUPTED CRUISINGS: The Company accepts on liability and shall not be bound to make any refund in the event of cruising waters being restricted or the cruise being interrupted as a result of closing waterways for repairs or because of the drought or flooding or any other cause beyond the Company’s control.
    
    
20. FORCE MAJEURE: We regret we cannot accept responsibility or pay an compensation where the performance or prompt performance of our contract with you is prevented or affected by reason of circumstances amounting to “force majeure.” For purposes of this section, circumstances amounting to force majeure include any event that the Company could not, even with all due care, foresee or avoid, including, but not limited to, the destruction or damage of the boat through fire, flood, explosion, storm or weather damage, accident, break-in criminal damage or any other cause outside our control.
    
    
21. ASSIGNMENT:  The Hirer shall not assign this agreement or sub-charter the boat without the prior written consent of the Company.  The Company may assign its rights to payments under the charter.
    
    
22. MISCELLANEOUS:  It is understood that the Company is acting for and on behalf of the owner of the vessel.  The Company makes no representations other than those contained in this Contract, the current brochure, rate sheet and any written materials provided as part of the booking procedures.  The hotel rooms, food, phone calls, or other expenses incurred by the Hirer for any reason whatsoever.  Neither the Company nor the owner will be liable to any person for any loss, damage, injury, or death that results from the Hirer’s use of the vessel.  The Hirer will indemnify and hold the Company and the owner of the vessel harmless from and against any and all claims for loss or damage to property or injury to persons (including loss of life) resulting from use, operation, or possession of the vessel and related equipment or other Inventory by the Hirer and from any claims whatsoever from loss or damage to personal property of the Hire or any crew carried on the vessel or auxiliary equipment.
    
    
23. SHORT COMINGS, PROBLEMS AND DEFICIENCIES:  You must notify the Company prior to embarking on your cruise of any visible damage to the boat.  The Hirer is responsible for the cost to repair any such visible damage to the boat of which he or she failed to notify the Company.  The Hirer must notify the Company immediately of any shortcomings, problems, or deficiencies with your boat so that remedial action, if appropriate, can be taken.  The Company cannot accept any liability in relation to any short comings, problems, deficiencies or claim to what ever nature if you fail to notify the Company of any complaint or claim during your vacation and write to the Company within 14 days of the end or your vacation.
    
    
24. COMPLAINT PROCESS/LIMITATION OF REMEDIES:  If the Hirer has cause for complaint you must in the first instance inform the office at the base from where you started your vacation who will endeavor the problem to your satisfaction.  If your complaint cannot be resolved locally, please make note of your points and when you return home write to the appropriate booking office.  Complaints not made with in 28 days at the end of your vacation will not be entertained.  Under no circumstances will the level compensation exceed the amount of monies paid to Le Boat.
    
    
25. HEADINGS:  Paragraphs headings are for convenience and reference only, and in now ay define or limit the intent, rights or obligations of the parties.
    
    
26. GOVERNING LAW AND VENUE:  This Agreement shall be construed and interpreted in accordance with the laws of the state of Florida, with the exception of any admiralty or maritime claims which shall be construed under the maritime, admiralty laws of the United States including the International Convention on Limitation of Liability for Maritime Claims 1976 as in effect.  The venue for any proceedings hereunder shall lie in Pinellas County,  Florida or the United States District Court for the Middle District of Florida, Tampa Division.