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Terms and Conditions of Use

Terms of Use

Article 1: Purpose
These Terms of Use (hereinafter referred to as “the Terms”) legally regulate the use of the services of the dream-yachting website (hereinafter referred to as “the website”). Constituting the contract between the company Dream Yachting and the User, access to the website is subject to the acceptance of these Terms. Accessing this platform implies acceptance of these Terms.
Article 2: Legal Notice
The dream-yachting website is published by Dream Yachting, registered with the RCS under number 511 555 757, with its headquarters located at 47 Boulevard Edouard Baudoin, 06160 Juan-les-Pins, France. The website host is Viaduc, located at 5 bis bd Foch, 49100 Angers, France.
Article 3: Access to the website
The dream-yachting.com website provides free access to the following services: • Boat and Yacht Rental; • Boat and Yacht Sales; • Charter Organization. The website is freely accessible from anywhere to any user with Internet access. All costs required for access to the services (computer equipment, Internet connection, etc.) are borne by the user. For maintenance or other reasons, access to the site may be interrupted or suspended by the publisher without prior notice or justification.
Article 4: Data Collection
To create a User account, collecting information at the time of registration is necessary and mandatory. In accordance with Law No. 78-17 of January 6, 1978, on Information Technology, Data Files, and Civil Liberties, the collection and processing of personal data respect privacy. According to the Data Protection Act dated January 6, 1978, Articles 39 and 40, the User has the right to access, rectify, delete, and oppose their personal data. This right can be exercised via: • The contact form; • Their customer account.
Article 5: Intellectual Property
Trademarks, logos, and website content (graphic illustrations, texts, etc.) on dream-yachting are protected by the Intellectual Property Code and copyright law. Reproduction and copying of content by the User require prior authorization from the website. In this case, any use for commercial or advertising purposes is prohibited.
Article 6: Liability
Although the information published on the website is deemed reliable, the website does not guarantee the reliability of the sources. The information provided on dream-yachting is for informational purposes only and has no contractual value. Despite regular updates, the website cannot be held liable for changes in administrative and legal provisions occurring after publication. The same applies to the use and interpretation of the information communicated on the platform. The website declines any responsibility for potential viruses that may infect the User’s computer equipment after using or accessing this site. The website cannot be held responsible in case of force majeure or an unforeseeable and insurmountable event caused by a third party. Full security and confidentiality of data are not guaranteed by the website. However, the website commits to implementing all necessary measures to do so to the best of its ability.
Article 7: Hyperlinks
The website may contain hyperlinks. By clicking on these links, the User will leave the platform. The website has no control over and cannot be held responsible for the content of the web pages related to these links.
Article 8: Cookies
During visits to the website, an automatic installation of a cookie on the User’s browser may occur. Cookies are small files temporarily stored on the User’s hard drive. These cookies are necessary to ensure access and navigation on the website. These files do not contain personal information and cannot be used to identify a person. The information in cookies is used to improve browsing performance on the dream-yachting.com website. By browsing the website, the User accepts cookies. Their deactivation can be done via browser settings.
Article 9: User Publications
The dream-yachting website allows members to post comments. In their publications, members must comply with Netiquette rules and current legal regulations. The website has the right to exercise prior moderation on publications and may refuse to publish them without providing justification. The member retains full intellectual property rights. However, any publication on the website implies granting the publishing company a non-exclusive and free right to represent, reproduce, modify, adapt, distribute, and disseminate the publication anywhere and on any medium for the duration of intellectual property rights. This may be done directly or through an authorized third party. This includes the right to use the publication on the web and mobile networks. For each use, the publisher commits to mentioning the member’s name near the publication. The User is responsible for any content they upload. The User agrees not to publish content that may harm the interests of third parties. Any legal action taken by a third party against the website must be handled by the User. The website may delete or modify User content at any time, for any reason, and without notice.
Article 10: Contract Duration
This contract is valid indefinitely. The use of the website’s services marks the application of the contract to the User.
Article 11: Applicable Law and Jurisdiction
This contract is subject to French law. The lack of an amicable resolution of disputes between the parties implies recourse to the competent French courts to settle the dispute.

General terms and conditions

 

ARTICLE 1 – BOOKING AND PAYMENT CONDITIONS

The booking will be considered final only upon receipt of the contract initialed and signed on page 3, accompanied by the requested deposit payment.

Payments must be made as follows:

– 50% of the total invoice amount must be paid upon signing the contract to guarantee the booking

– 50% of the total invoice amount must be paid 15 days before the boat rental date

– A credit card number may be requested as a guarantee for the rental of each boat.

ARTICLE 2 – CANCELLATION BY THE TENANT

Any cancellation must be notified by mail or email to Dream Yachting.

If the cancellation occurs more than 30 days before the rental start date, 100% of the reserved and canceled services will be refunded after deducting bank fees and a €50 administration fee. If the cancellation occurs less than 30 days before the rental start date, 100% of the reserved and canceled services will be due, including bank fees. Any advance payment made for fuel will be refunded.

A – The period for which this contract has been concluded can only be changed with the owner’s consent and based on availability.

B – The deposit or full payment will be retained if the tenant requests contract termination for any reason.

C – The rental amount remains due, whether or not the tenant has used the boat during the rental period, regardless of the reason.

D – The deposit or full payment will be retained in case of non-compliance with payment conditions, and this contract will be automatically terminated without notice or compensation.

ARTICLE 3 – TERMINATION BY THE LESSOR

The lessor agrees to provide the tenant with a clean boat, in perfect navigable condition and compliant with administrative regulations, on the date and at the location agreed upon by both parties.

A – If, due to damage occurring during the previous rental or any unforeseen event beyond the owner’s control, the owner or their representative is unable to provide the boat on the agreed date, they will have the full option to either provide an equivalent or larger boat with similar characteristics or refund the amounts paid, deducting the broker’s commission, without the tenant being entitled to any compensation.

B – In the event of a breakdown or any other failure of the boat or its equipment due to normal usage or wear and tear, the lessor must resolve the issue within 24 hours. If the lessor fixes the breakdown or failure within 24 hours, the tenant will not have the right to claim compensation or request a refund.

C – If the boat is not delivered in a seaworthy condition due to a missing essential safety element or non-compliance with regulations, and if the lessor cannot provide a boat of equal or superior characteristics, the lessor may terminate this contract and refund the amounts paid and expenses incurred, deducting the broker’s commission and bank fees, without the tenant being entitled to any compensation.

D – In case of bad weather (heavy rain or strong winds) before leaving the port, the tenant may reschedule the booking within 12 months or cancel it without additional fees, except for food and beverage orders, a €50 administration fee, and the broker’s commission.

ARTICLE 4 – BOAT INSURANCE AND DEDUCTIBLE

A – The owner declares having subscribed to an insurance policy covering:

– Damages to the boat’s hull, accessories, and appendages, total theft and misappropriation, partial theft, and engine theft.

– Third-party claims for material damages (civil liability).

B – The insurance premium is included in the rental price.

C – The insurance policy does not cover transported persons for accidents they may suffer.

D – The owner and lessor disclaim any responsibility for loss or damage to the tenant’s personal belongings or any harm affecting the tenant and their guests. Individual insurance for transported persons can be taken out by the tenant at their own expense to cover the risks mentioned in paragraphs C and D.

E – The tenant acknowledges that the boat’s insurance does not cover water sports activities, including tubing and water skiing. Under no circumstances can they hold the boat owner or rental company liable for any accidents or damages related to water sports activities.

ARTICLE 5 – BOAT HANDOVER

A – The boat is handed over to the tenant only after the full rental price has been paid and the security deposit has been placed. The lessor must provide a seaworthy boat, properly equipped, and insured according to applicable laws and regulations.

B – The tenant must board at the designated location and time and inspect the boat, its equipment, and its compliance with the contract description. Any anomalies must be reported before departure or within 24 hours at the latest.

C – Any unnoticed defects or breakdowns occurring after the handover do not entitle the tenant to a rental price reduction.

D – If the tenant does not take possession of the boat within 24 hours after the rental contract starts, the lessor may consider the contract null and void.

ARTICLE 6 – BOAT RETURN

The tenant must return the boat to the designated port on time. In case of delay, penalties apply, such as a percentage of the daily rental fee per hour late, or 200% of the daily rental fee for delays exceeding three hours.

ARTICLE 7 – BOAT USE – RESPONSIBILITIES – DAMAGES

The tenant is responsible for any damages incurred during the rental period. Unauthorized subletting or lending of the boat is strictly forbidden.

ARTICLE 8 – CONSUMABLE MATERIALS

The tenant is responsible for fuel, lubricants, and other consumables necessary for the boat’s operation.

ARTICLE 9 – DISPUTES

Any disputes regarding this contract may be submitted to a conciliation committee. If no resolution is reached, the competent court will be in Grasse.

ARTICLE 10 – SECURITY DEPOSIT

The deposit must be paid upon boat pickup and will be refunded in full unless damages or defects are found. In case of damage, the rental company will retain the exact repair cost. If damage results in an inability to continue the rental, compensation for lost income will also be retained.