Terms & Conditions of Sales

General rental conditions
SASU VRV CARAÏBES is engaged in short-term boat rental for businesses and individuals. SASU VRV CARAÏBES has a website, which can be viewed at the following address: www.kaona-catamaran.com, the purpose of which is to allow renters to better understand the services offered by SASU VRV CARAÏBES. The "renter" hereinafter refers to the person whose contact details are indicated in the "identification" section. "The owner" hereinafter refers to SASU VRV CARAÏBES, a SASU registered with the Basse-Terre Trade and Companies Register under number 835 168 667, whose registered office is located at 530 Allée de la Coque - 97126 DESHAIES - GUADELOUPE, which publishes the website: www.kaona-catamaran.com.
Article 1 – Acceptance of the general conditions
All reservations made through the website are subject without reservation to these general terms and conditions for online reservations and the VRVCARAÏBES general rental conditions. In particular, it is mandatory to be at least 21 years old to rent a boat. As a matter of principle, it will be accepted that anything not provided for in these Internet General Terms and Conditions will refer to the VRV CARAÏBES General Terms and Conditions.
Article 2 – The Rental Rate
The KAONA catamaran rental contract includes all charges corresponding to the booking criteria. This quote generally includes the following elements:
* The type of boat,
* For a rental by buoy, the customer's arrival and departure dates characterizing the rental period,

* For a cruise rental, the departure and return dates of the vehicle characterize the rental period,
* The rental price excluding taxes,
* VAT,
* The options chosen,
* Civil Liability,
Rates are guaranteed upon booking confirmation. Additional fees and optional extras not mentioned or priced in the booking confirmation must be paid by the customer directly upon pick-up of the boat. The price subject to pre-booking and advance payment is not subject to a discount.
Article 3 – The rental boat
The reservation always concerns a single boat which cannot be replaced. Its unavailability in the event of a breakdown or damage cannot be held liable by VRV CARAÏBES, which will reimburse the rental amount without any damage being attributed to it.
Article 4 – Duration of the rental
The rental period, which includes the arrival/departure date and the departure/return date, is that mentioned in the booking confirmation.
Article 5 – Reservation Date and Deadlines
* The minimum rental period is 5 days for a buoy rental (1 day corresponds to 24 hours, in these 24 hours are included the time for taking possession and returning the boat.) and 4 days (3 nights) for a cruise rental.
Article 6: Documents to be provided upon departure
6.1. The tenant must present to VRV CARAÏBES on the day of departure
As an individual:
* their valid identity card or passport,
* proof of address: gas or electricity receipt, standard telephone bill or landline telephone bill when the subscription is taken out with an Internet Service Provider, Vitale Card certificate, in particular,
* a bank card in their first and last name.
As a company:
* a power of attorney authorizing the main driver to rent the vehicle on behalf of the company if he is not the legal representative of the company,
* proof of registration in the Trade Register and the Trades Register by means of a K BIS extract less than three months old,
* a bank details form for the company,
* an order form signed by the legal representative of the company and stating its RCS number and confirmation of the rental reservation,
* a bank card in the name of the legal entity.
The tenant must enter into a rental agreement with VRV CARAÏBES in accordance with the general rental conditions referred to in Article 1 of these general conditions. VRV CARAÏBES may refuse to rent the boat:
* to any person who does not have the minimum required age,
* to any person unable to pay the security deposit upon departure of the boat
* to any person not authorized to conclude a rental contract on behalf of a legal entity (company or association),
* more generally, not meeting the general rental conditions referenced in article 1.
7. Cancellation conditions
From the payment of the first Installment in accordance with the terms provided for in Article 3, no cancellation of the rental may take place, whether at the initiative of the Owner or the Tenant, except in the following cases.
7.1 Conditions of cancellation by the Owner
– The Owner may cancel the rental if, after the payment of the first Installment, the rented boat suffers damage making it unfit for navigation, which the Owner cannot remedy before the rental. The Owner must inform the Renter of the occurrence of the damage without delay and provide the owner with any useful supporting documentation. The Renter reserves the right to request any additional information and documents it deems necessary, which the Owner must provide without delay.
The landlord will then offer to postpone the rental to a later date. The Tenant is free to accept or reject the replacement rental offered by the landlord. If accepted, the sums paid in settlement of the rental price will be allocated to the replacement rental. If refused, the full amount will be refunded to the Tenant.
In any event, the Tenant cannot claim any compensation or reimbursement of any kind whatsoever, other than the reimbursement of the sums paid, in accordance with the terms above.
– The Owner may cancel the rental if, upon the Renter's collection of the boat, the Owner deems that the Renter's skills do not match the nautical CV he/she has stated and that they are insufficient. The Renter will then be reimbursed for all sums paid in settlement of the rental price.
7.2 Conditions of cancellation by the Tenant
– The Renter may cancel the rental if, upon collection of the boat, he finds that it does not comply with the Advertisement or is not in a seaworthy condition, either due to the lack of an essential safety element or because it does not comply with the regulations. He will then be reimbursed for the full amount he has paid in settlement of the rental price.
– The Renter may cancel the rental in the event of damage during the rental due to a defect in the structure of the boat which could not be detected during the inventory, the Renter may request from the Owner the reimbursement of a part of the total rental price, pro rata thereof, for each day during which the Renter was not able to fully enjoy the rented boat.

8. Insurance
The Owner declares that he has taken out a "RC" insurance policy. This insurance does not cover damage that could be caused to the boat by the renter, who will remain liable for it, as well as the theft of the boat, all or part of its accessories or its dinghy.
Losses or damages to the personal property of the Renter and persons on board the boat, as well as any damages that may be caused to the latter during the rental period, are in no way covered by the insurance taken out by the Owner.
The use of the boat in the context of a competition or a regatta requires the express prior agreement of the Owner as well as the subscription, by the Renter, of specific additional insurance, at his expense.
The Tenant undertakes:
That he and all the crew members always wear a safety vest while sailing.
That the skipper has the required knowledge and experience corresponding to the navigation program
To respect local navigation rules.
To keep a daily logbook
In the event of a claim, the tenant undertakes to immediately notify the owner and to draw up a dated and signed sea report.

9. Caution
The deposit is given by check to the owner on the day of boarding. Its purpose is to cover damage to the owner or partial loss of items, or delays in returning them, or fuel or parking costs attributable to the Renter or persons on board the boat. When the Owner implements the deposit, he undertakes to provide the tenant with the appropriate information and supporting documents.
The amount of the deposit does not constitute a limit of liability enforceable against the
Owner, who always retains the right to exercise a right of recourse for compensation for damages suffered when the amount thereof exceeds that of the deposit.
The Owner undertakes to reimburse the Renter for any amounts deducted from the deposit for damages for which he would subsequently be compensated by his insurance. The Deposit will preferably be paid in three checks of €500, €1500 and €6000. The €6000 check will be returned on the day the boat is returned after an initial summary inspection. The other checks will be returned within one week after a complete inspection of the boat.

10. Boat handling
The Owner undertakes to ensure that the rented boat has safety equipment and armament that comply with the regulations applicable to its navigation category and is up to date, as well as the appropriate consumables. He also undertakes to ensure that the boat, its equipment and armament are in perfect working order and clean.
Any electronic navigation instruments that may be made available to the Renter are intended to facilitate the cruise but are only navigation aids. Their defect shall in no case release the Renter from liability and the Renter shall not be entitled to any compensation of any kind whatsoever as a result.
The Parties will carry out a joint inventory of the condition of the boat and its equipment and armament before it is taken over by the Renter. Any defect, fault or damage must be expressly mentioned.
The inventory time is an integral part of the rental period.
The actual taking over of the boat by the Renter only takes place once the inventory has been signed by both Parties.
The signing of the inventory by the Renter constitutes recognition by the latter of the good working order and cleanliness of the boat and its equipment.
From the date of taking over until the boat is returned, all costs inherent to the boat are the responsibility of the renter, in particular its parking costs (port fees) as well as all consumption.

11. Use of the boat
11.1 The Renter is solely responsible for the boat for the entire duration of the rental.
He is also solely responsible for the persons on board.
It guarantees the Owner that a skipper with the necessary skills in relation to the characteristics of the boat will be present for the entire duration of the rental, whether it is the Renter himself, a member of his crew or a professional skipper. The Renter remains responsible for said skipper in all cases.
The Tenant declares that the skipper is: Himself
Having all the necessary knowledge to take full responsibility for the Vessel and the crew

11.2 The Renter undertakes to use the boat only for pleasure boating purposes, respecting the maximum number of people authorized on board as well as, more generally, the type of equipment of the boat and complying with the laws and regulations applicable to its navigation, in particular the marine and customs legislation in force.
The Renter is responsible for the boat in his care and its crew. He undertakes to:
• use the Boat as a ""good father"" and strictly comply with the regulations in force. He will be solely responsible for the consequences of any infringement;
• not exceed the navigation zone set by the Owner and/or the regulations;
• not entrust responsibility for the Boat to another person, without prior agreement from the Owner;
• not abandon the boat after an accident or breakdown, and keep it under your responsibility until the Owner and/or the insurance company takes charge of it;
• return the boat and its accessories on the dates and times scheduled in the same condition as that referred to in the inventory noted jointly in the Form;
• immediately notify the competent authorities in the event of an accident, theft, loss, fire, damage caused by wildlife or other damage and obtain a report or statement attesting to the conditions in which the incident occurred.
Any event affecting the boat must be brought to the attention of the Owner as soon as possible. The Owner's agreement before any repairs must be obtained by the Renter beforehand.
The Tenant is strictly prohibited, except with the prior express agreement of the Owner:
– To use the boat for commercial purposes such as, but not limited to, professional fishing, the provision of tourism services or the transport of people or goods.
– To lend or sublet the boat.
– To use the boat in the context of a competition or a regatta.
The Tenant expressly releases the Owner from any liability as shipowner or otherwise, due to a breach of these prohibitions and will be solely liable, vis-à-vis the maritime and customs services, for all lawsuits, proceedings, fines and confiscations incurred in this regard, including in the event of involuntary fault on its part.
11.3 The Renter is responsible for the proper maintenance of the logbook, in which all useful indications and information relating to navigation as well as any incidents and damage which may occur must be recorded.
11.4 As the boat is equipped with two engines, the Renter is required to inform himself before departure of all the procedures necessary for its proper functioning and the various checks to be carried out to ensure routine maintenance.
11.5 Fuel consumption during the rental period is the responsibility of the Renter. It is the Renter's responsibility to take the necessary measures to ensure that the fuel level when the boat is returned is identical to that indicated on the inventory carried out when it was taken over.
11.6 The Tenant shall bear any shipping costs that may be due during the rental.

12. Damage and loss of equipment
12.1 In the event of damage to equipment during the rental period, the defect of which makes it impossible to continue sailing or does not ensure all safety conditions, the tenant is authorized to take the initiative for the necessary repair or replacement, provided that the amount does not exceed 500 Euros.
The Owner undertakes to reimburse the Renter for the sums he has incurred in this context, upon presentation of the corresponding invoice and provided that the damage or loss is not due to a fault or negligence of the Renter or a person on board the boat.
12.2 If the damage or loss requires repair or replacement for an amount greater than that defined above and/or prevents continued navigation, the
Tenant must immediately contact the Owner and follow his instructions.
12.3 Loss of use resulting from loss or damage may only give rise to a refund of part of the rental price in the case and according to the terms provided for in Article 4, i.e. when the loss or damage is due to a defect which could not be detected during the inventory.
In all other cases, loss of enjoyment resulting from loss or damage shall not give rise to any reimbursement or compensation of any nature or amount whatsoever.

13. Return of the boat
13.1 The Renter is required to return the boat on the day, time and place provided for in Article 1, unless otherwise expressly agreed by the Parties.
In the event of return to a port other than that referred to in this article, the costs of repatriation to said port will be borne by the Tenant.
In the event of a delay in returning the boat compared to the date agreed between the
Tenant and the Owner, the following amounts are owed to the latter by the
Tenant :
– A fixed penalty of €200,
– Compensation for each day of delay, at the daily rental price increased by 10% (ten percent).
In the event of force majeure preventing the return on the agreed date, the Tenant must contact the Owner and agree on the return arrangements. Weather conditions may under no circumstances be invoked as a case of force majeure, and the Tenant must take steps to deal with this eventuality.
13.2 The boat and its equipment must be returned in good sailing condition and clean. The boat must have been emptied of its occupants and their personal belongings.
13.3 The Parties will carry out a joint return inventory, which will be signed by them. The time of the inventory is part of the rental period.

Article 14 – Payment
14.1. All orders, regardless of their origin, are payable in euros to VRV CARAÏBES.
The price must be paid automatically by transfer to the VRV CARAÏBES bank account or by Bank Card:
* 30% upon reservation
* The balance one month before departure
14.2. Security deposit
The security deposit of €6,000 consists of 3 bank checks from the Tenant upon signing the contract (€500, €1,500, and €4,000). It guarantees the proper execution of the obligations imposed on the Tenant (compliance with prohibitions and obligations). It will be returned at the end of the contract or within a maximum of 1 week if no amount is due. Failing this, the Tenant expressly authorizes the Lessor to deduct, with justification, the amounts remaining due from this deposit.
14.3. Billing
14.3.1. At the end of the rental period, a final invoice will be issued. Invoices are issued in euros (€). Any remaining balance is payable in cash upon receipt.
14.3.2. In the event of non-payment of any balance due by the Tenant, and after the expiry of a period of 30 days from the invoice date and after a formal notice has remained without effect, the Lessor will apply penalties at the legal interest rate increased by 5%, in accordance with the provisions of Law 92-1442. In addition, recovery costs may be invoiced to the Tenant who has consumer status, upon presentation of an enforceable title.
14.3.3. For all professionals, any late payment of all or part of the rent will result in the payment of late payment interest calculated on the basis of 3 times the legal interest rate applicable on the day of payment, from the due date of the debt until full payment,in addition to reimbursement by the Tenant of any recovery costs incurred, and in particular bank direct debit rejection costs.
14.3.4. For all professionals, the payment of amounts due after the due date shown on the invoice will automatically increase the amount of the invoice by a fixed compensation of 150 euros. The automatic application of this compensation does not prevent the application of additional compensation for the debt upon justification up to the amount of all the amounts which have been incurred, whatever their nature, for the recovery of the debt.
Article 15 – Liability
15.1. It is recalled that the vehicle rental contract is concluded between VRV CARAÏBES and the customer. Any disputes that may arise during the formation, execution, and termination of the rental contract must be addressed to VRV CARAÏBES.
15.2. VRV CARAÏBES is not liable for any loss, damage, or delay resulting from the loss or theft of the booking confirmation sent by email to the customer and/or fraudulent use of this document by a third party.

Article 16 – Modification of the general conditions
VRV CARAÏBES reserves the right to modify the general conditions of use of the services offered in order to adapt to developments in technology, legislation and the services offered.

17. Applicable law and jurisdiction
This contract is subject to French law and will be governed and interpreted in accordance with this law.
Any dispute that may arise in connection with its validity, interpretation or execution will be subject to the exclusive jurisdiction of the French courts.