Legal Terms | Coastal Classics

Legal Notice

Website address: https://www.coastal-classics.com/

The person responsible for the publication is the: SAS Main & Lang Enterprises

Company number: 911597615

Address: 12 Rue Cassini, 06300 Nice, France

Telephone: +33 777 34 61 05

The site is hosted by Google Cloud Hosting by : WIX.COM Ltd.

SIRET number 80845282500017

40 TEL AVIV PORT 99207 TEL AVIV JAFFA

Terms and Conditions of Use

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General Terms and Conditions of Sale

ARTICLE 1 - Scope of application

The present General Terms and Conditions of Sale apply, without restriction or reservation, to any purchase of boat rental services with or without skipper and catering ("The Services") offered by COASTAL CLASSICS ("The Provider") to consumers and non-professional Clients ("The Clients or the Customer").

The main characteristics of the Services are presented on the Site https://www.coastal-classics.com

The Client is required to take note of them before placing an order. The choice and purchase of a Service is the sole responsibility of the Client.

These conditions apply to the exclusion of all other conditions, in particular those applicable to other marketing channels for Services or on the Internet.

These General Terms and Conditions of Sale are systematically communicated to all Customers prior to the conclusion of the contract for the provision of Services and shall prevail, where applicable, over any other version or any other contradictory document.

The Customer declares that he/she has read these General Terms and Conditions of Sale and has accepted them prior to the conclusion of the contract for the provision of Services. Validation of the order for Services by the Customer implies acceptance without restriction or reservation of these General Terms and Conditions of Sale.

These General Terms and Conditions of Sale may be subject to subsequent modifications, the version applicable to the Customer's purchase is the one in force on the day the contract is concluded.

The contact details of the Service Provider are as follows

Main & Lang Enterprises

Coastal Classics

12 Rue Cassini

06300 Nice

France

ARTICLE 2 - Orders

The Customer selects the Services he/she wishes to order, according to the following methods:

By telephone at +33 777 34 61 05

By e-mail to the following address: contact@coastal-classics.com

It is the Customer's responsibility to check the accuracy of the order and to immediately report any error.

The sale of Services shall only be considered final after the Provider has sent the Client confirmation of acceptance of the order and after the Provider has received the full amount of the deposit due.

For services for which a quotation has been drawn up in advance, the sale of the Services shall only be considered final after :

- The Service Provider has drawn up a quotation and sent the Client confirmation of acceptance of the order by e-mail. Quotations issued by the Service Provider are valid for a period of 15 days.

- Validation of the quote and any other terms and conditions for the provision of Services by the Client by e-mail.

MAIN & LANG ENTERPRISES reserves the right to cancel or refuse any order from a Client with whom there is a dispute relating to the payment of a previous order.

The order on estimate is considered as final by the Provider only after the payment of a deposit of 30% of the total amount of the order.

Any changes to the order made by the Customer shall only be taken into account by the Service Provider within the limits of its possibilities.

Where applicable, such changes shall result in a price adjustment.

In the event of cancellation of the order by the Customer after its acceptance by the Provider, for any reason except force majeure, the deposit paid at the time of the order, as defined in the article "Terms of payment" of these General Terms and Conditions of Sale, shall be automatically forfeited to the Provider and shall not give rise to any refund.

ARTICLE 3 - Prices

The Services offered by the Provider are provided at the rates in force on the Website https://www.coastal-classics.com/ according to the quotation drawn up when the order is placed by the Provider. Prices are expressed in Euros, exclusive of tax and VAT.

These prices are firm and non-revisable during their period of validity, as indicated on the Website https://www.coastal-classics.com/ . The Service Provider reserves the right to modify the prices at any time outside this period of validity.

The payment requested from the Customer corresponds to the total amount of the purchase of the service.

An invoice will be issued by the Provider and given to the Customer when the ordered Services are provided.

ARTICLE 4 - Terms of payment

A deposit corresponding to 30% of the total price of the Services ordered is required when the Client places the order.

The balance of the price is payable in cash, on the day of provision of the said Services, under the conditions defined in the article "Provision of Services" below.

The following secure payment methods are accepted:

By credit card: Visa, MasterCard, American Express, other credit cards;

Credit card imprint (only for the deposit);

By instant transfer ;

In cash;

Payments made by the Customer will only be considered as final once the amounts due to the Service Provider have been collected.

ARTICLE 5 - Provision of services

The Services ordered by the Client, which include boat hire with and without skipper and/or catering, will be provided under the conditions set out in these General Terms and Conditions of Sale at the address indicated by the Client when placing the order.

The Service Provider undertakes to use its best efforts to provide the Services ordered by the Client on a best effort basis and within the time limits specified above. However, these deadlines are given as an indication.

If the Services ordered cannot be provided on the scheduled date, for any reason other than force majeure or the Client's fault, the Service Provider will propose a new date.

If the Client does not accept the new proposal, the Client may be reimbursed or offered a new date if he so wishes.

If the Provider is unable to provide the service, the sums paid by the Client will be refunded to the Client within fourteen days of the date of termination of the contract, to the exclusion of any compensation or deduction by the following company:

ARTICLE 6 - Provision of the boat

The Hirer will receive the boat as soon as the following formalities have been completed:

1 - The service has been paid in full, including the deposit;

2 - Copy of an identity document in the name of the Client provided to the Provider as well as a copy of the sailing licence of the member who will be sailing when this is made necessary by the regulations in force;

3 - The Provider will provide the Hirer with the on-board documents;

4 - Communication by the Hirer to the Provider of the full details of the persons embarked on board as well as a parental authorisation when one of the passengers is a minor;

5 - Drawing up and signing of an inventory by both parties detailing the state of the boat and its equipment

Special case of hiring a service with a skipper

In addition to the services of hiring a boat on its own, the service provider also offers the services of a professional skipper who is responsible for sailing the hired boat. As the skipper is a self-employed entrepreneur, he is covered by his own insurance.

In this respect, the skipper is responsible for his own liability as skipper.

ARTICLE 7 - Use of the vessel

7-1 Obligations of the Provider

The Service Provider undertakes to provide the Customer with a boat that is fit for navigation, equipped in accordance with the laws and regulations in force in France.

Upon signature of the boat inventory, the Service Provider shall hand over to the Customer the onboard documents detailing the authorised and insured sailing area. The Client shall be deemed to be aware of this information.

The Provider is under no obligation to check the Customer's skills. However, if the Provider finds that the Customer is clearly unsuitable for sailing (whether or not as a passenger), the Provider is entitled to cancel the Order. In this particular case, the amount of the rental will be definitively acquired by the Provider as compensation.

Similarly, the Provider reserves the right to cancel the present contract if he considers that the weather conditions may endanger the Client, the passengers and/or the vessel. In this case, the Client will be offered a mutually agreed postponement of the charter, without the Client being entitled to compensation for any damage suffered as a result of the postponement of the Service. In this particular case, the Service Provider undertakes to refund the deposit paid at the time of the Order, if the Client is unable to postpone.

7-2 Client's commitments and responsibilities

The Client undertakes to use the boat reasonably.

The Client certifies that he/she has the capacity to sail or to operate the rented boat.

The Client certifies that he is over 16 years of age on the day of the rental.

The Client undertakes to take on board only the maximum number of persons authorised on the boat;

The Client undertakes to respect the speed limits imposed by the law;

The Client undertakes to respect the marking of the beaches and the regulations governing the category of navigation of the rented boat;

The Client undertakes to use the boat only for pleasure sailing and not for sporting or commercial purposes for example;

The Client confirms that he is hereby informed of his obligation to contact the competent authorities to find out about his rights and obligations with regard to recreational fishing and diving.

The Client agrees not to sublet or lend the boat;

The Client expressly releases the Provider from any liability, in particular in the event of a breach of the provisions hereof. The Customer agrees to assume sole responsibility for any fines, prosecutions and confiscations incurred by the Customer as a result of the Customer's conduct, vis-à-vis the maritime and customs authorities;

The Customer undertakes to comply with or to ensure compliance with all legal obligations relating to the master and to be solely responsible for any offence committed as such;

The Customer undertakes to maintain the boat in a seaworthy condition during the rental period; At the end of the rental period, the Customer shall go, accompanied by the Agent, to refuel the boat (the boats leave with a full tank of fuel and must be returned with a full tank).

The Customer undertakes to inform the Supplier immediately in the event of a breakdown during the rental period.

The Customer undertakes, in accordance with the legal obligation, to fill in a Sea Report, in which any incident, breakdown or damage occurring during the rental period will be reported. The Client undertakes to present it at the first request of the service provider or his insurance company, or any other legal or physical person authorised for this purpose.

As soon as the keys to the boat are handed over, the Client is legally responsible for the boat and consequently for any damage caused by the boat to persons on the boat, to third parties, to the boat's property and equipment and to the boat itself.

7-3 Return

The Client undertakes to return the cleaned boat, with all its equipment, to the Service Provider in the same condition as it was delivered to him on departure and within the time limit specified. If the boat is not returned in the same condition as it was on departure, the costs incurred will be charged to the Client.

Overtime is charged at the rate applicable at the time of hire. Each hour of delay will entitle the provider to compensation equivalent to double the hourly rental price for the period in question, whatever the cause of the delay. Each day started is due in full.

The Client undertakes to compensate the Service Provider for any prejudice caused by the delay in returning the boat or returning it to a port other than the one initially planned.

The state of the boat will be established by a joint inventory upon its return.

The Client retains custody of the boat and full responsibility for it until the return of the boat and its keys is signed.

The deposit will only be returned on disembarkation and after verification of the condition of the boat and its equipment.

In case of seizure, confiscation or immobilisation of the rented boat, due to the Client, for repairs for example, or by the authorities, the Client will be obliged to pay compensation to the Service Provider equal to double the hourly rate during the time the boat is immobilised.

The indemnity will also include the costs incurred by the Provider to cover its losses, i.e. the duration of the immobilisation of the boat, the costs of recovering the boat and the delay in the other rentals.

The deposit is intended to cover: loss, theft of the boat, damage to the boat or its equipment that is not covered by insurance; the return of the boat in a clean condition inside and out, the insurance excess and the Provider's related costs.

After the final disembarkation of the Client and when the Service Provider establishes that the Client's obligations have been fulfilled and that the joint return inventory has been signed, the deposit will be returned to the Client.

In the event of an insurance claim, the refund of the deposit will be deferred until the insurer has paid the full cost of replacing the equipment or repairing the vessel. The Client is expressly informed that the deposit in no way constitutes a limit to his liability. The Client shall remain liable for the reimbursement of any costs incurred by the Provider as a result of the Client's failure to comply with its obligations. The Provider shall collect and retain the deposit to the extent of the costs of repairs, cleaning, and other costs as set out above which are to be borne by the Client, as well as the insurance excess, and related costs incurred to cover any damage suffered by the Client such as third party invoices or overtime.

ARTICLE 8 - Insurance

The insurance covers civil liability, damage to the boat such as damage to or theft of equipment from the boat or the boat itself. This insurance includes a deductible which will be charged to the Provider. The Client is hereby informed that the Provider's insurance does not cover the loss or theft of the personal effects of the persons on board, nor any bodily injury they may suffer. In the event of an accident at sea, the Client must draw up a full report, including the names and contact details of the third parties involved, and immediately inform the Provider. Failure to do so may result in the Client losing the benefit of the insurance to the Provider and consequently having to bear the cost of the damages related to the accident.

The Customer may also take out additional insurance with his own insurance company, e.g. cancellation insurance or individual insurance covering all persons on board. The Client shall remain liable for the sums incurred up to the amount of the excess. The Provider shall keep a copy of the insurance policy at the Client's disposal.

ARTICLE 9 - Damage, accidents

In all cases of loss of equipment, accident or damage, the Client must immediately inform the Service Provider who will indicate the instructions to follow. In the meantime, the Client undertakes to take all measures to preserve the goods and persons on board and the integrity of the vessel.

The Client also undertakes to draw up a detailed written report explaining all the facts, the damage suffered and the course of events.

The Service Provider will then retain the deposit until the expert report is submitted and the insurance is paid.

Any loss of use by the Client of the boat not caused by a defect specific to the boat shall not give rise to a refund of the price paid for the service, nor to compensation for any loss suffered.

ARTICLE 10 - Intellectual property

The Service Provider remains the owner of all intellectual property rights on the studies, drawings, models, prototypes, etc., made (even at the Client's request) for the purpose of providing the Services to the Client.

The Customer shall not reproduce or exploit such studies, drawings, models, prototypes, etc. without the express prior written consent of the Service Provider, which may be subject to a financial consideration.

ARTICLE 11 - Imprecision

These General Terms and Conditions of Sale expressly exclude the legal regime of unforeseeability provided for in Article 1195 of the French Civil Code for all operations for the Provision of Services by the Service Provider to the Client. The Service Provider and the Client hereby waive the provisions of Article 1195 of the French Civil Code and the unforeseeable circumstances provided for therein, and undertake to fulfil their obligations even if the contractual balance is upset by circumstances that were unforeseeable at the time of the conclusion of the sale, even if their performance proves to be excessively onerous, and to bear all the economic and financial consequences thereof.

ARTICLE 12 - Compulsory performance in kind and proportionate reduction of the price

Notwithstanding the provisions of Article 1221 of the Civil Code, the Parties agree that in the event that the Service Provider is unable to provide the service for any reason whatsoever, the Client shall not be entitled to request compulsory performance.

ARTICLE 13 - Force majeure

The Parties shall not be held liable if the non-performance or delay in the performance of any of their obligations, as described herein, results from a case of force majeure, as defined in Article 1218 of the French Civil Code, or from exceptional health or climatic hazards beyond the control of the Parties, such as bad weather or strong winds.

The Party noting the event must immediately inform the other Party of its inability to perform its service and justify this to the latter. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor shall it lead to the payment of damages or penalties for delay.

ARTICLE 14 - Legal information

Name - Denomination: MAIN & LANG ENTERPRISES,

Corporate form: Simplified joint stock company (SAS)

Share capital: 1000 euros,

Registered office: 12 Rue Cassini, 06300 NICE

Registration number: 911 597 615 R.C.S. NICE

ARTICLE 15 - Applicable law - Language

The present General Terms and Conditions of Sale and the operations resulting from them between the Service Provider and the Customer are governed by and subject to French law.

These General Terms and Conditions of Sale are written in the English language.

In the event that they are translated into one or more foreign languages, only the English text shall be deemed authentic in the event of a dispute.

ARTICLE 16 - Disputes

All disputes to which the Supply of Services operations concluded in application of the present general conditions of sale could give rise, concerning their validity, interpretation, execution, resolution, consequences and consequences and which could not be resolved amicably between the Vendor and the Customer, shall be submitted to the competent courts under the conditions of common law.

The Parties undertake beforehand to attempt to resolve the dispute amicably between themselves or, in the event of failure, through their lawyers.

The Customer is informed that he/she may in any event have recourse to conventional mediation, in particular with the Consumer Mediation Commission (C. cons. art. L 612-1) or with existing sectoral mediation bodies, or to any alternative method of dispute resolution (conciliation, for example) in the event of a dispute.

ARTICLE 17 - Pre-contractual information - Customer acceptance

The Customer acknowledges having been informed, prior to the immediate purchase or the placing of his order and the conclusion of the contract, in a clear and comprehensible manner, of these General Terms and Conditions of Sale and of all the information listed in article L.221-5 of the French Consumer Code and in particular the following information

- the essential characteristics of the Service;

- the price of the Services and related costs (delivery, for example);

- in the absence of immediate execution of the contract, the date or deadline by which the Service Provider undertakes to provide the Services ordered;

- information on the Provider's identity, postal, telephone and electronic contact details and activities, if not apparent from the context;

- information relating to legal and contractual guarantees and their implementation modalities;

- the functionalities of the digital content and, where appropriate, its interoperability;

- the possibility of resorting to conventional mediation in the event of a dispute.

The fact that a natural person (or legal entity) makes an immediate purchase or orders a Service implies full acceptance of these General Terms and Conditions of Sale and an obligation to pay for the Services ordered, which is expressly recognised by the Customer, who waives, in particular, the right to rely on any contradictory document which would be unenforceable against the Service Provider.

In accordance with the law of January 6, 1978 relating to data processing, files and freedoms, the Customer has the right to access and rectify any personal information concerning him/her contained in the Provider's files.

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