BOAT TERMS AND CONDITIONS OF USE
As a condition of your use of this platform, you warrant that (i) you are at least 18 years of age; (ii) you possess the legal authority to enter into a binding legal obligation. FranceRent.com reserves the right to deny access to anyone to this platform and to the services we offer.
These terms and conditions, as may be amended from time to time, apply to all our services directly or indirectly (through distributors) made available online, through any mobile device, by email or by telephone. By accessing, browsing and using our website or any of our applications through whatever platform (collectively referred to as the “platform”) and/or by completing a reservation, you acknowledge and agree to have read, understood and agreed to the terms and conditions set out below (including the privacy and cookies policy).
These pages, the content and infrastructure of these pages, and the online boat reservation service provided through the platform (the “service”) are owned, operated and provided by FranceRent.com, as., FranceRent SAS , 81 Rue de France, 06000, Nice, France (“FranceRent.com”, “us”, “we” or “our”) and are provided for your personal, non-commercial use, subject to the terms and conditions set out below.
- Our Service
Through the platform, we (FranceRent.com and its affiliate partners) provide an online platform through which all types of boat operators (for example, charters, marinas, individual boat owners, travel agents, collectively the “boat provider(s)”), can advertise their boats for rent, and through which visitors to the platform can make such rental. By making a rental through FranceRent.com, you enter into a direct (legally binding) contractual relationship with the boat provider at which you rent a boat. From the point at which you make your rental, we act solely as an intermediary between you and the boat provider, transmitting the details of your rental to the relevant boat provider and sending you a confirmation email on behalf of the boat provider.
When offering our services, the information that we show is based on the information provided to us by the boat providers. As such, the boat providers are given access to an on-line system through which they are fully responsible for updating the rental price, availability and other information which is displayed on our platform. Although we will use reasonable resources in performing our services we will not verify if, and cannot guarantee that, all information is accurate, complete or correct, nor can we be held responsible for any errors (including typographical errors), any interruptions (whether due to any (temporary and/or partial) breakdown, repair, upgrade or maintenance of our platform or otherwise), inaccurate, misleading or untrue information or nondelivery of information. Each boat provider remains responsible at all times for the accuracy, completeness and correctness of the information (including the rental price and availability) displayed on our platform.
Our services are made available for personal and non-commercial use only. Therefore, you are not allowed to use, copy, sell, display, or reproduce any content or information, products or services available on our platform for any commercial or competitive activity.
All prices on the FranceRent.com platform are per boat for your entire reservation, including VAT and all other taxes, unless stated differently. Please check the rental details thoroughly for any such conditions prior to making your reservation. Obvious errors and mistakes (including misprints) are not binding.
Our service is free of charge and we will not charge you for our service or add any additional commission to the boat rental price. Boat providers pay a service fee (small percentage of the boat rental price) to us after the booker has paid the rental price.
- Privacy and cookies
Boat providers ask the rental price to be paid (in full) to guarantee the rentals. You will be asked to guarantee your rental during the reservation process. Payment is safely processed from your credit/debit card to the bank account of boat provider through a third party payment processor. Please check the rental details thoroughly for the payment conditions prior to making your rental.
By making a reservation on our platform you accept and agree to the relevant cancellation policy of that boat provider, and to any additional terms and conditions of the boat provider that may apply to your rental, including services or/and products offered by the boat provider. The delivery terms and conditions of a boat provider can be obtained with the relevant boat provider.
The cancellation policy is available on our platform on an individual rental page, during the reservation process and in the confirmation email. Please note that some rentals are not eligible for cancellation or change. Please check the rental details for any such conditions prior to making your reservation. We recommend that you read the cancellation and payment policy of the rental carefully prior to making your rental and remember to make further payments on time.
Please note that a rental may be cancelled (without a prior notice) if the relevant rental amount cannot be collected on the relevant payment date in accordance with the relevant payment policy of the rental. Late payment, debit or credit card details, invalid credit/debit cards or insufficient funds are at your own responsibility and you shall not be entitled to any refund of the prepaid amount unless the boat provider agrees otherwise. If you wish to view, modify or cancel your rental, please see the confirmation email and follow the instructions there.
- FranceRent Money Back guarantee
FranceRent Money Back guarantee is additional service offered by FranceRent to its customers, it can be applied for the reservations made on the platform and it is subject to the claim approval from FranceRent. FranceRent reserves the right to decline the claim.
With FranceRent Money Back guarantee, customer can cancel his reservation and be refunded the payment that he has already paid to guarantee his rental, provided that the following conditions are met and the claim is approved by FranceRent :
1. There is at least one day or more between the date that reservation for the boat/yacht rental was made on the platform and the first day of the boat/yacht rental (boat pick up date).
2. Customer has already paid the rental price that was required to guarantee his rental according to the Payment conditions on the booking confirmation (paragraph 4 of these terms and conditions).
3. The claim for FranceRent Money Back guarantee is submitted to FranceRent for approval not later than 1 day before the boat pick up date.
To submit the claim, please contact FranceRent on office[@]FranceRent.com
Customer is not entitled for a higher refund than the amount that he has paid. If the claim was rejected by FranceRent or the above conditions were not met and the claim was rejected, the regular cancellation policy applies to customer as stated in Paragraph number 5 of FranceRent Terms and Conditions.
By completing a reservation, you agree to receive (i) an email and (or ) a phone text message which from us, giving you information on your rental and providing you with certain information and offers (including third party offers to the extent that you have actively opted in for this information) relevant to your rental and destination, and (ii) an email which we send to you after finishing your rental inviting you to leave your review.
Your review may be uploaded onto the rental listing’s page on our platform for the purpose of informing (future) bookers of your opinion of the quality. We reserve the right to adjust, refuse or remove reviews at our sole discretion.
Subject to the limitations set out in these terms and conditions and to the extent permitted by law, we shall only be liable for direct damages actually suffered, paid or incurred due to an attributable shortcoming of our obligations in respect to our services, up to an aggregate amount of the aggregate cost of your reservation as set out in the confirmation email (whether for one event or series of connected events).
However and to the extent permitted by law, neither we nor any of our directors, employees, representatives, subsidiaries, affiliated companies, or others involved in managing the platform and its contents shall be liable for (i) any direct, indirect, consequential or punitive loss or damages, any loss of production, loss of profit, loss of revenue, loss of contract, loss of or damage to goodwill or reputation (ii) any inaccuracy relating to the (descriptive) information (including rental price, availability) of the listings as made available on our platform, (iii) the services or products offered by the boat provider or other business partners, (iv) any (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, pursuant to, arising out of or in connection with the use, inability to use or delay of our platform, or (v) any injury, death, property damage, or other (direct, indirect, consequential or punitive) damages, losses or costs suffered, incurred or paid by you, whether due to (legal) acts, errors, breaches, (gross) negligence, willful misconduct, omissions, non-performance, misrepresentations, tort or strict liability by or (wholly or partly) attributable to the service provider or any of our other business partners (including any of their employees, directors, representatives or affiliated companies) whose products or service are (directly or indirectly) made available, offered or promoted on or through the platform, including any cancellation, overbooking, strike, force majeure or any other event beyond our control. 9
- Intellectual property rights
Unless stated otherwise, the software required for our services or available at or used by our platform and the intellectual property rights (including the copyrights) of the contents and information on our platform are owned by FranceRent.com.
FranceRent.com exclusively retains ownership of all rights and interests and to (all intellectual property rights) (the look and feel of the website on which the service is made available (including translated content) and you are not entitled to copy, scrape, publish, promote, utilise, or otherwise use the content (including any translations and the reviews) or our brand without our written permission. Any unlawful use or behaviour will constitute a material infringement of our intellectual property rights.
To the extent permitted by law, these terms and conditions and the provision of our services shall be governed by and construed in accordance with the France law and any dispute arising out of these general terms and conditions and our services shall exclusively be submitted to the competent courts in France.
The original English version of these terms and conditions may be translated into other languages. In the event of a dispute about the interpretation of these terms or discrepancy between the English version and any other language version, the English language version shall apply, prevail and be conclusive. The English version is available on our website (by selecting the English language). If any provision of these terms and conditions is or becomes invalid, unenforceable or non-binding, you shall remain bound by all other provisions. In such event, such invalid provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and you will at least agree to accept a similar effect as the invalid, unenforceable or non-binding provision, given the contents and purpose of these terms and conditions.
CAR TERMS AND CONDITIONS OF USE
1.1. FranceRent SAS, the company registered at 81 Rue de France, 06000, Nice, France (hereinafter referred to as the “Company”) hereby offers to use the Service available at https://FranceRent.com (hereinafter referred to as the “Site”) and further described in section 2 hereof (hereinafter referred to as the “Service”) to an Internet user (hereinafter referred to as the “User”) under the terms and conditions described herein. This Agreement (hereinafter referred to as the “Agreement”) shall come into force and become legally binding for the Company and the User (hereinafter referred to as the “Parties”) at the moment when the User first time starts to use the Service.
1.2. When starting to use the Service, the User shall be deemed to have accepted the terms of this Agreement without any reservations, exceptions or limitations not contained herein. In case of the User’s disagreement with any provision of this Agreement, the User shall not use the Service.
1.3. The Company reserves the right to change or modify this Agreement at any time and in its sole discretion and with no prior notice. A new version of this Agreement shall come into effect when posted on the Site. By continuing to use the Service, the User confirms his acceptance of the revised Agreement. The Company encourages the Users to review the Agreement frequently to ensure that the User understands the terms and conditions that apply when he uses the Service. If the User does not agree to the revised Agreement, the User may not use the Service.
1.4. This edition of the Agreement enters into force on March 16, 2019 and is effective until the following edition is adopted.
1.5. Any time frames specified in this Agreement shall be determined by the UTC+0 time zone, unless otherwise expressly indicated herein. The beginning and the end of calendar dates specified in this Agreement, including the commencement and completion of any term, are determined by the beginning and the end of the respective 24-hour period in the UTC+0 time zone.
2. DESCRIPTION OF SERVICE
2.1. The Service allow the User to search for private and other transportation service providers using the list of the partner organizations (hereinafter referred to as the “Carriers”) which have entered into separate agreements with the Company.
2.2. The User acknowledges and agrees that:(A) The User’s ability to obtain transportation services through the use of the Service does not establish the Company as a provider of the transportation services or as a transportation carrier. When the User finds a Carrier and accepts its terms including the specific transfer (hereinafter referred to as the “Transfer”) and the price payable for it (hereinafter referred to as the “Transfer Price”), he shall enter into a paid transportation contract with the Carrier directly (hereinafter referred to as the “Transportation Contract”) but not with the Company.(B) The Users may receive transportation services using the Service all by themselves only if they are over 18 years old. Persons who have not attained this age may not use the Service independently, but may participate in Transfers accompanied by adults (not younger than 18 years).(C) Due to the nature of the Service provided under this Agreement, the liability of the Company is limited to an obligation to accurately transmit the information between the User and the Carrier as well as to transfer prepayment or full payment for a specific Transfer received from the User to the Carrier. The Company shall not be liable for the credibility of the information passed as well as for the due and in good faith performance of the Carrier’s obligations within any agreements between the Carrier and the User. The Company bears no responsibility for any losses including the loss of gains and physical losses and damages in any way determined by the use of the Service.(D) The Service, the software used for the provision of the Service and other content of the Site through which the Service are available (including but not limited to the “Epic Transportation Engine”, FranceRent logo and other logos and registered trademarks) are protected by the Company’s or third parties’ intellectual property rights. The User is hereby granted a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to: (i) access and use the respective intellectual property solely in connection with his use of the Service; and (ii) access and use any content, information and related materials that may be made available through the Service, in each case solely for the User’s personal, non-commercial use. Any rights not expressly granted herein are reserved by the Company.(E) There may exist certain technical limitations and restrictions on the Service, which can lead to the inaccessibility of the Service or delays in the transmission of communication at a particular time due to some reasons beyond the Company’s control.(F) The User enters into this Agreement at its sole risk and that the Service and any information provided to the User are provided “as is” and “as available”.(G) The relations between the User and the Company fall exclusively within the Agreement contained herein. Nothing shall be presumed to indicate that the Company and the User have entered into or have agreed to enter into any other contract or have any rights and obligations before each other within any other agreement.
3. PAYMENT OF TRANSFER PRICE
3.1. After finding a Carrier and entering into the Transportation Contract with him through the Service as stipulated herein, the User shall make a full prepayment of the Transfer Price via one of the payment options offered by the Company, to the Company, which the Company shall further transmit to the Carrier subject to the terms and conditions of a separate agreement between the Company and the Carrier.
3.2. The Company does not collect, process and / or store User’s payment data.
3.3. The User shall transfer to the Company the Transfer Price in total or on part (not less than 30 per cent) as an advance payment. The remaining part of the Transfer Price, if any, shall be paid by the User to the Carrier immediately after the finish of the Transfer by any mean agreed upon with the Carrier (either by cash or by wire transfer using the Service). In case the Transfer was prepaid partially the Company does not advise the User to transfer to the Carrier the remaining part of the Transfer Price until completion of the Transfer, and if the Carrier insists on such a transfer, immediately report about that fact to the Company. In any case, the User makes the final decision on the procedure of cooperation with the Carrier independently.
3.4. The User agrees that the Company has the right to add to the Transfer Price any processing charges which are due to under the relevant agreements between the Company and its banks and/or payment systems. The User also agrees that the Transfer Price with any charges may be debited from the User’s bank/card account in other currency than one previously selected if the payment in a specific currency and/or the mandatory currency conversion are stipulated by the bank and/or payment system effecting the payment.
3.5. Unless this Agreement provides otherwise:(A) all payments made by a User under this Agreement shall be made gross, free of right of counterclaim or set off and without deduction or withholding of any kind other than any deductions or withholding required by law; if a User makes a deduction or withholding required by law from any payment, the sum due shall be increased to the extent necessary to ensure that, after the making of any such deduction or withholding, the Company receives a sum equal to the sum it would have received had no deduction or withholding been made;(B) there are no cost limits for making payments for Transfers;(C) all payments made by the Company (whether as a refund to the User or on another basis) shall be deemed to be inclusive of all taxes that may be payable by the User in connection with the payment, and the payment of such taxes are the User’s sole responsibility. Under no circumstances shall the Company have an obligation to deduct or withhold any tax when making any payment to the User.
4. CANCELLATION OF TRANSFER AND REFUND POLICY
4.1. The User may unilaterally cancel a Transfer booked and fully or partly paid for by sending an e-mail to the Company’s support address office [at] FranceRent.com. The Transfer may be canceled in respect of one of the directions, if the Transfer between the User and the Carrier was agreed to the round trip route (“there and back”), with the observance of the rules and deadlines for Transfer cancellation established in full in this section.
A change by the User of the essential Transfer conditions (such as the pick-up time, the Transfer route, the number of passengers, vehicle class, etc.) equates to the cancellation of the Transfer initiated by the User, and the Carrier has the right to refuse to perform the Transfer in accordance with the changed conditions. Refund of the Transfer, the essential terms of which have been changed by the User, is carried out in accordance with clause 4.2.
4.2. The Company undertakes to return to the User the funds transferred to the Company as full or partial pre-payment in the following cases:(A) the User cancels the Transfer or changes its essential terms before the expiration of the cancellation deadline set during the agreeing of the Transfer conditions (this period ends no later than 48 hours before the agreed pick-up time); or(B) the Transfer is cancelled at the initiative of the Carrier or the Company.The User may request the Company for refund of the amount paid for the Transfer within 4 (four) months from the agreed date of Transfer. Upon the expiration of this term such request may be addressed directly to the Carrier only.
4.3. In other cases the Company bears no obligation to return the funds to the User.
4.4. No payment return (full or prepayment) is allowed in case the User or another passenger on whose behalf the User placed an order does not show up at an agreed place of the Transfer at the pick-up time nor within 60 minutes at the airports, sea or river passenger port terminals, 30 minutes at the railway stations and 15 minutes at all other places from the pick-up time agreed, full or partial payment will not be returned.
4.5. In case this is provided for in the terms of the bank and/or the payment system through which the payment of the Transfer Price was made, the funds to be transferred to the User in accordance with clause 4.2 of the Agreement can be charged from the Company’s account in the currency in which they were debited from the User’s account and wired to the User’s card or/and bank account in the currency of the account through the conversion procedure.
5. USER’S REPRESENTATIONS AND WARRANTIES
5.1. The User represents and warrants at all times that the User continues to use the Service that:(A) the User has legal capacity under the laws of all applicable jurisdictions and agrees to this Agreement voluntarily, and that the User has full power, authority and capacity to comply with this Agreement and his obligations contained herein;(B) the User’s compliance with this Agreement is lawful and his obligations hereunder are legally binding and valid;(C) the User has carefully and thoroughly read and understood this Agreement;(D) the User is and has always been compliant with this Agreement;(E) in entering into this Agreement the User has not relied on any representation, warranty, statement, undertaking or conduct of any kind other than as expressly provided in this Agreement;(F) all information provided by the User is true, complete, valid and not misleading in any respect, and it acknowledges and agrees that the Company enters into this Agreement with him in reliance on the representations and warranties set out in this clause.
6. USER’S ONGOING OBLIGATIONS
6.1. The User shall:(A) regularly monitor and review any announcements connected with the Service made on the Site;(B) purchase and use the Service only for the purposes and in the manner expressly permitted by this Agreement;(C) notify the Company immediately if any of the representations and warranties made under this Agreement becomes untrue, incomplete, invalid or misleading in any respect;(D) not engage in any activity that interferes with or disrupts the Service in any way;(E) be fully responsible for keeping, the information required to access its account (including the password) store such information, ensuring its confidentiality, security, the absence of any distortion and proper control over storage;(F) not remove any copyright, trademark or other proprietary notices from any portion of the Service;(G) not reproduce, modify, use for compilation, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Service except as expressly permitted by the Company;(H) not modify, analyze, decompile, decode, restore the source code of the Service or any of its parts except as may be permitted by applicable law;(I) not link to, mirror or frame any portion of the Service;(J) not cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Service or unduly burdening or hindering the operation and/or functionality of any aspect of the Service;(K) not attempt to gain unauthorized access to or impair any aspect of the Service or its related systems or networks;(L) not use or reference in any manner the Company's names, logos, product and service names, trademarks or services marks;(M) not otherwise infringe the Company’s intellectual property rights concerning the Service, the software and any other content of the Site through which the User accesses the Service;(N) observe all applicable laws and regulations (including tax laws and regulations) in such manner that will, to the best of its knowledge and belief, result in compliance by it and the Company in any jurisdiction in which it directly or indirectly uses the Service;(O) provide promptly such evidence of its compliance with this Agreement as the Company may at any time reasonably require.
7. EXCLUSION OF REPRESENTATIONS AND WARRANTIES BY THE COMPANY
7.1. The User hereby accepts that, to the fullest extent permitted by law:(A) no warranty is given in respect of the Service or any information provided to the User; and(B) the Company expressly disclaims all warranties and conditions of any kind, whether express or implied, including:(i) any implied warranties of merchantability, fitness for a particular purpose or non-infringement;(ii) any warranties as to the timeliness, reliability, suitability, sequence, accuracy, adequacy, consistency or completeness of any information provided to the User at any time or from time to time;(iii) any warranties that the access to the Service provided hereunder will be uninterrupted, timely or free from error.
8. LIMITATIONS OF THE COMPANY’S LIABILITY
8.1. To the fullest extent permitted by law, the Company expressly disclaims all liability for any loss whatsoever, and howsoever caused, incurred or suffered by you or anyone else, and including any loss arising from or in connection with:(A) any inaccuracy, incompleteness or delay in any information provided to the User;(B) any transaction failure which may occur when the User seeks to make payment;(C) any malfunction, instability, or another breakdown of any software used by the Company for the provision of the Service;(D) any disclosure, loss, theft, destruction or inaccessibility of the User’s account, password or other data (including the User’s or any other person’s failure to keep these secure, safe and confidential);(E) termination of this Agreement at any time and for any reason;(F) any failure of the Service to be used in any specific way or to meet any specific purpose or requirements;(G) any war, riots, restraints imposed by any governmental or semi-governmental or regulatory authority, industrial or trade disputes, fires, explosions, storms, typhoons, floods, lightning, earthquakes and other natural calamities.
8.2. The Company shall have no liability, however arising, for any indirect, incidental, special, exemplary, punitive or consequential damages, including lost profits, lost data, personal injury or property damage arising out of or in connection with the provision of the Service hereunder, or otherwise related to its subject matter, regardless of the negligence (either active, affirmative, sole, or concurrent) of the Company, even if the Company has been advised of the possibility of such damages.
8.3. The Company shall not be liable for any damages, liability or losses arising out of:(A) the User’s use of or reliance on the Service or the User’s inability to access or use the Service; or(B) any transaction or relationship between the User and any Carrier, even if the Company has been advised of the possibility of such damages. The Company shall not be liable for delay or failure in performance resulting from causes beyond the Company’s reasonable control. The User acknowledges that some Carriers may offer ridesharing (multi-passenger vehicle sharing) or peer-to-peer transportation services and may not be professionally licensed or permitted.
8.4. The Company’s aggregate liability to the User for any claims for damages (whether under contract, tort, warranty, or other law) resulting from, arising out of, or in connection with this Agreement, or otherwise related to its subject matter, will under no circumstances exceed the Transfer Price paid by the User to the Company in connection with the relevant Transfer.
9.1. The User indemnifies the Company against, and agrees to reimburse and compensate the Company for, any liability or loss arising from (and any costs incurred in connection therewith):(A) any breach of this Agreement;(B) the Company exercising, enforcing or preserving its rights, powers or remedies (or considering doing so) with respect to the User in connection with this Agreement;(C) infringement of any Company’s or third parties’ intellectual property rights or other laws in connection with the User’s use of the Service and the Site and its contents.
9.2. It is not necessary for expense to be incurred before the indemnity in this clause operates.
10.1. The User agrees to receive advertising messages from the Company. The User has a right to decline receiving advertising messages by using the relevant functionality of the Service, as part of which or in connection with which the User received such messages.
10.3. With regards to the personal data protection the Company follows the legislation of the United Kingdom and the European Union.
11. PROHIBITION OF DISCRIMINATION
11.1. Discrimination refers to any distinction, exclusion, restriction or preference in the rights and freedoms of an individual or a group of individuals, as well as support for discriminatory behaviour.
11.2. The Charter of Fundamental Rights of the European Union of 7 December 2000 establishes the Inadmissibility of Discrimination, in particular article 21, paragraph 1, contains the following: “Any discrimination, in particular on grounds of sex, race, colour, ethnic or social origin, genetic traits , Language, religion or belief, political or any other views, membership of a national minority, property status, birth, disability, age or sexual orientation.” Paragraph 2 once again emphasizes that “any discrimination based on nationality is prohibited”. Racial Equality Directive 2000/43/EC establishes a ban on all forms of racial discrimination; Gender Equality Directive 2006/54/EC (in relation to employment) establishes the equality of men and women, prohibits discrimination on the basis of sex. The prohibition of discrimination is the basic principle of international law, recognized and actively supported by the entire world community.
11.3. When using the Service, the User shall be tolerant and not specify any requirements of a discriminatory nature, in particular the requirement that the transportation services be provided by a Carrier of a certain sex, race, nationality, sexual orientation. If the User indicates discriminatory requirements, the Company reserves the right to reject the request and terminate the Agreement with the User (to block the account).
12. ASSIGNMENT AND NOVATION
12.1. The Company may assign, transfer, novate or otherwise deal in any manner, all or any part of the benefit of this Agreement and any of its rights, remedies, powers, duties and obligations under this Agreement to any person, without the User’s consent and in any way the Company considers appropriate.
12.2. The User agrees that it may not transfer any assignee, transferee or any other person who has an interest in this Agreement, any right of set off or other rights that the User has against the Company.
13. TERM AND TERMINATION
13.1. This Agreement will commence at the moment specified in clause 1.1 and shall continue until terminated in accordance with this section 13.
13.2. Notwithstanding any other provision of this Agreement, the Company may at any time and for any reason immediately terminate this Agreement as between the User and it without prior notice or need to specify reasons, including if:(A) the User has breached any provision of this Agreement or acted in a manner which clearly shows that the User does not intend to or is unable to comply with any provision in this Agreement;(B) the Company reasonably considers it is required to do so by the application of any laws or regulations or by any government, quasi-government, authority or public body (including any regulatory body of any jurisdiction); or(C) the Company determines that performing its obligations under this Agreement is no longer commercially viable.
13.3. The Company will inform the User of such termination by notice in accordance with section 18.
14. WAIVER OF SET-OFF
The User acknowledges and agrees unconditionally and irrevocably to waive any right of set-off, netting, counterclaim, abatement or other similar remedy which the User might otherwise have under this Agreement under the laws of any jurisdiction.
15. GOVERNING LAW
This Agreement is governed by and must be construed in accordance with the law of the United Kingdom.
16. RESOLUTION OF DISPUTES
If there is a dispute between the Parties resulting from, arising out of, or in connection with this Agreement or related to its subject matter, the dispute shall be referred to and finally resolved by arbitration in accordance with the Arbitration Rules of the Arbitration Institute of the Stockholm Chamber of Commerce. The seat of arbitration shall be Stockholm, and the language to be used in the arbitral proceedings shall be English.
17. THIRD PARTY RIGHTS
Any person who is not a party to this Agreement may not enforce nor enjoy the benefit of any provision of this Agreement.
18.1. The User agrees that the Company may give notices and communications, under or in connection with this Agreement by announcement on the Site or by email to the email address which the User registers to its account, and that such notice is deemed to be effective and received by the User at the time when it is published on the Site, or, sent, by the Company unless the Company promptly receives an automated message indicating failed delivery of that notice.
18.2. Notices to the Company may be directed to the email address specified on the Site.
19. NO WAIVER
No failure or delay on the part of the Company to exercise any right, power or remedy under this Agreement will operate as a waiver, nor will any single or partial exercise by the Company of any right, power or remedy.
20. REMEDIES CUMULATIVE
The rights, powers and remedies provided in this Agreement are cumulative and are not exclusive of any rights, powers or remedies provided by law.
21. NO RELATIONSHIP
This Agreement do not create any kind of partnership, joint venture, advisor, fiduciary, agency or trustee relationship or any similar relationship between the User and the Company or any other person or entity.
If any provision of this Agreement is held to be illegal, void, unenforceable or invalid, whether in whole or part, under the laws of any jurisdiction, that portion will be severed, and such illegality, unenforceability or invalidity will not affect the legality, enforceability or validity of the remaining provisions of this Agreement in that jurisdiction, nor the legality, enforceability or validity of this Agreement in any other jurisdiction. This section 22 has no effect if the severance would alter the basic nature of this document or be contrary to public policy.
This Agreement is made in English. In case of any inconsistency between the English version and any translation, the English version shall prevail.
24. RESTRICTED REGIONS
24.1. The User agrees that the Carriers with whom the Company has entered into relevant agreements do not carry out Transfers in the regions below and the User will not use the Service to order Transfers in the following regions:(A) Republic of Cuba;(B) Islamic Republic of Iran;(C) Syrian Arab Republic;(D) Democratic People's Republic of Korea;(E) The Crimean Peninsula;(F) Northeastern portion of the island of Cyprus.
HELICOPTER TERMS AND CONDITIONS OF USE
Booking & Online payment
Bookings on www.francerent.com are final when the full payment is made online by credit card only, at least 24 hours before the scheduled flight. Online payments are fully secured by the latest state of the art encryption standards. A detailed booking confirmation will be sent to you by e-mail.
All purchases made on www.FranceRent.com are final and non-retractable. In accordance with the provisions of the French Consumer Code, the customer’s right of withdrawal does not apply to tickets purchased online.
Before going on board of one of the helicopters, passengers are required to provide their electronic reservation ticket with a valid Identification Document.
Delays & Cancellations by Azur Hélicoptère
FranceRent continually strives to ensure the transport of all passengers and their luggage without delay. In this respect, the company may transport the passengers on a different aircraft (similar or higher standard) or via a business partner.
The company reserves the right to cancel a flight in case of bad weather conditions or technical problems. The company will then reimburse the full amount of the flight. No other financial compensation will be granted if the passengers are late to the airport or miss their connecting flight.
Delays & Cancellations by the customer
The passengers must show up on time at the helicopter site as specified on the Booking Confirmation or at the meeting point in case of a car service planned before the helicopter flight.
If the passengers are late for their helicopter transfer, the company will do its best to send the passengers on the first available flight, without any guarantee. Delays & No Show are non-refundable.
In case of flight cancellation by the customer, a penalty will be held as follows:
* 50% of the full amount of the flight for cancellations done 24 hours before the scheduled flight;
* 100% of the full amount of the flight for cancellations done less than 3 hours before the scheduled flight.
Claim request may be sent online through email to: office [at] FranceRent.com
For tickets purchased through a third party (i.e. Travel agency), please contact the agency directly.
General Transport Conditions
Passengers will provide the company with their personal information for booking purposes. This information may be subject to data processing under the current French legislation no. 78-17 dated 6 January 1978.
Information provided by the passenger is primarily used for the purposes of (i) Reservation and purchase of their ticket, (ii) provision of specific services associated with the carriage service, and (iii) canvassing, retention, guidance and commercial information.
At any boarding and/or connection point, the company may refuse to fly a passenger and their luggage if any of the following cases occur or is likely to occur:
- The passenger refuses to undergo security checks and/or refuses to provide valid Identification papers.
- The passenger and/or of their luggage may endanger the security, health & hygiene on board the aircraft or compromise the smooth operation of the flight, in particular if the passenger uses intimidation, behaves abusively and/or insultingly or uses abusive and/or insulting language to passengers or the crew.
- The passenger’s physical or mental state, including any condition caused by the consumption of alcohol or the use of drugs or medication, could present a hazard or risk to themselves, other passengers, the crew or property.
- A passenger benefitting from a fare reduction is unable to provide the supporting documents required and refuses to pay the fare readjustment.
Luggage Restrictions & Pets Transport
Luggage compartments have limited space in helicopters. It is very important that you provide precise information about your luggage: quantity and size of each bag. Certain luggage may not be allowed on board if the Luggage Restriction Policy is not respected.
Passengers acknowledge that they are fully aware of the content of their luggage.
The carriage of pets travelling with passengers is subject to the company's prior acceptance.
Passengers must not include in their baggage any items for which carriage is prohibited or restricted by the applicable regulations and the law in force including in particular :
* Items that are liable to endanger the aircraft, the persons or property on board, such as those specified in the Dangerous Goods Regulations of the International Civil Aviation Organization (ICAO) and the International Air Transport Association (IATA) and in the Carrier’s regulations, as applicable (please refer to the Provisions For Dangerous Goods Carried By Passengers).
PLANES TERMS AND CONDITIONS OF USE
FranceRent maintains one or more websites or webpages (the Network) forming a charter air services market. The Network aggregates quotes for air charter trips, as well as advertising for other services, provided by third party air carriers (the Carriers).
The Network serves as a market for Carriers and users of air carrier services (the Users), through advertising and the provision of information on available air transportation services provided by the Carriers.
FranceRent does not and will not act as air carrier or operate, maintain, own or charter aircraft and will only act as an information, reservation, and payment services provider.
These Terms and Conditions govern your access to and use of the Network and services provided therein. You, as User, agree to use the Network only in accordance with these Terms and Conditions. You may access and use the Network only in order to research Carrier's charter aircraft schedules and prices, make legitimate requests to book services offered by Carriers (the Requests) and enter into agreements with
Carriers for air transportation services (the Carriage Contracts).
These Terms and Conditions are not a contract for air transportation and no such contract is or will be entered into between you and FranceRent.
FranceRent is not an air carrier and does not operate, maintain, own or charter aircraft. FranceRent acts solely as an information, scheduling, reservation and payment service provider. All air transportation services are provided by third party air carriers. The terms and conditions applicable to the Carriage Contracts between yourself and a Carrier are those that are provided by the Carrier.
FranceRent may at any time amend these Terms and Conditions. Your continued use of the Network will be conditioned upon the Terms and Conditions in force at the time of such use.
Use of the Network
You represent and warrant that you are of sufficient legal age and capacity to enter into legally binding agreements, including these Terms and Conditions and any Carriage Contract. You represent and warrant that no restriction applies to you that would prevent you from entering into or performing any such agreement.
You may only access and use the Network to research Carrier's charter aircraft schedules and prices, make legitimate Requests to book services offered by Carriers and enter into Carriage Contracts with Carriers. The Requests may not be speculative, false or fraudulent. You may not make any Request under or enter into any agreement on behalf of a fictitious User, under a false name, or with an invalid credit card, or by use or any other fraudulent information. Please note that fraudulent users WILL be prosecuted and may face civil and criminal liability, depending on applicable law.
You may not use the Network to submit Requests or enter into any Carriage Contract for or on behalf of third parties unless you are legally authorized to do so on that third party's behalf. You agree to indemnify and hold FranceRent harmless from and against any liabilities, losses, damages, claims (including reasonable attorneys' fees), relating to your actions or omissions on behalf of any third party, including your failure to inform such third parties of all applicable terms and conditions applicable to services acquired through the Network.
Termination of Usage
Your access to all or part of the Network may be suspended by FranceRent at any time, with or without notice and with or without reason.
Ownership of Information
You acknowledge and agree that any and all materials and information contained in the Network, including without limitation, data, software, photographs, images, video, graphics, sounds, quotes, written and other materials (the Materials) are the property (including intellectual property) of FranceRent or have been licensed to FranceRent. You may not copy, disseminate, or misappropriate any Material without FranceRent's prior written consent. However, you are allowed to print and copy portions of the Network, including these Terms and Conditions, Carrier's materials and terms and conditions, Carriage Contracts, trip confirmation information, and other materials, for the sole purpose of using the Network as a shopping resource, in accordance with these Terms and Conditions.
The Network is a charter air services market and FranceRent only acts as an intermediary between Carriers and Users. FranceRent does not provide air transportation services and does not assume liability for any injury, damage, death, loss, accident or delay due to any action or omission of Carriers or third parties in connection with Carriage Contracts. A Carriage Contract, when entered into, is between a Carrier and a User. FranceRent
is not a party to Carriage Contracts and bear no obligation in relation thereto.
It is the User’s responsibility to ensure, prior to entering into any Carriage Contract, that the User and all third parties travelling with the User are legally authorized to undertake the air transportation of the Carriage Contract, including but not limited to, holding valid passports, visas, invitations, sponsorships, according to the laws of the countries of departure and arrival.
Payments to FranceRent can be made by credit card (VISA, MasterCard, or American Express) (or another major credit card expressly accepted by FranceRent) in good standing on an account with you are authorized to charge.
You will make payment to FranceRent for the full amount due in accordance with your reservation latest at the time you book your trip, including any taxes due, if any. FranceRent will remit payment to the Carrier in accordance with the service agreement between FranceRent and the Carrier.
All prices and amounts are shown on the Network and are in Euros (EUR), unless otherwise noted. If you make a Request and accept a Carriage Contract, all fees, taxes and charges known at the time of such Contract will automatically be charged to your credit card or you will need to make another swift bank transfer prior to the flight. Additional fees that may be charged by the Carrier for additional services ordered by you, if any, will be billed separately by the Carrier.
Cancellation of trip
In case a trip is cancelled by you, any amounts paid by you will NOT be reimbursed.
FranceRent is not responsible for any cancellation of a Carriage Contract or of a trip by the Carrier. In case of such cancellation, FranceRent may, at its discretion, offer a replacement Carrier or reimburse any amounts paid by you. FranceRent bears no liability for damages arising out of or in connection with the cancellation of Carriage Contracts or trips.
FranceRent will collect and process personal data as is necessary or useful in connection with the performance of this agreement. You acknowledge and agree that such personal data may be transferred to third parties (e.g., the Carriers), including parties in foreign countries, including the United States of America.
All products, services, information available through the Network are provided on an "as is, as available" basis, without any warranty of any kind, either express or implied, other than those imposed by law. In particular, without limitation, no warranty is made regarding the acceptance of any Request or formation of any Carriage Contract; regarding the availability of services through the Network or by a Carrier; regarding the completeness, accuracy, reliability or quality of any information provided or available through the Network; regarding the performance or nonperformance of Carriage Contract by Carriers; that the Network will be accessible or error-free.
The terms and conditions of any Carriage Contract govern any air transportation provided by the Carrier. You expressly agree that your use of the Network and any air transportation purchased through the Network is at your sole risk and expense.
You shall be solely responsible for any and all liability arising out of or relating to (1) your relationship with third parties on behalf of which you use the Network and enter into Carriage Contracts; (2) your relationship with Carriers and any conduct, or absence of conduct, of air transportation services.
You agree to indemnify and hold harmless FranceRent and its investors, shareholders, officers, directors, employees, affiliates, agents, contractors, attorneys, and third party service providers and their employees (the Indemnitees) from and against all claims, actions, liabilities, losses, expenses, damages and costs, including, without limitation, reasonable attorneys' fees, (collectively, the Claims) that may at any time be incurred by any of them due to your use of the Network, including without limitation by reason of any allegations or proceedings concerning (1) any breach or default in any Carriage Contract; (2) any loss or damage to persons or property connected in or resulting from your operations; (3) any violation of applicable laws or regulations by you; or (4) arising out of any breach by you of these Terms and Conditions (including any representation or warranty by you herein); except for any of the foregoing proximately caused by FranceRent's gross negligence or willful misconduct. You agree to be solely responsible for defending any claim against any Indemnitee, subject to such Indemnitee's right to participate with counsel of its own choosing; provided that you will not agree to any settlement that imposes any obligation or liability on FranceRent or any Indemnitee without FranceRent's prior written consent. An Indemnitee shall not be entitled to any indemnification for Claims that arise from its own gross negligence or willful misconduct.
In particular, you shall be responsible for any damage that may caused to the aircraft in which you travel, by you, other passengers for which you booked a trip, and/or any animals.
General Limitation of Liability
To the fullest extent permitted by law, in no event shall any Indemnitee be liable for any injury, death, loss, claim, damage, act of god, accident, delay, or any special, exemplary, punitive, incidental or consequential damages of any kind, whether based in contract, tort or otherwise, which arise out of or are in any way connected with any use of the Network or with any delay or inability to use the Network, or for any air travel or other services obtained through the Network.
Furthermore, Indemnitees are not responsible for any User damages and/or delays due to Carrier cancellations, breach of Carriage Contracts, equipment breakdown, government restraints, war, civil unrest, weather or any other causes beyond the Indemnitees' reasonable control.
No responsibility is accepted for any additional expense, omissions, delays, re-routing or acts of any governmental authority. No Indemnitee shall be responsible for any Carrier's breach of agreement or violation of law, or any other wrongdoing of a Carrier (including any liability in tort), as to any services arranged through the Network. No Indemnitee shall be responsible for any Carrier's failure to comply with applicable federal, state and local law including, without limitation, laws governing required refunds or consumer information disclosures.
None of the Indemnitees are responsible for any errors or delays in responding to a Request caused by technical problems beyond their control, including without limitation User error, hardware, software or transaction malfunctions.
If, notwithstanding any of the above, an Indemnitee is found liable for any loss or damage relating to the use of the Network, you agree that the liability of any such party shall in no event exceed the fee or charge paid by you to FranceRent.
Carriage Contract - General Terms and Conditions for each specific Flight Reservation of Services
FranceRent is an air charter services provider and only acts as an intermediary between a Carrier and the User, now the “Charterer”. FranceRent does not provide air transportation services and does not assume liability for any injury, damage, death, loss, accident or delay due to any action or omission of Carrier or third parties in connection with the Carriage Contract. FranceRent is not a party to the Carriage Contract and bears no obligation in relation thereto.
The Charterer covenants with FranceRent that the Charterer:
(1) Accepts full responsibility for the cleaning or the repairing of the aircraft cabin if damages take place during the execution of this Carriage Contract, or if for whatever reason the cabin is left at the end of the Carriage Contract in the same condition that it was found at the beginning of the Carriage Contract.
(2) Will comply with all laws and governmental orders, rules and regulations in force at the time to time relating to the use of the aircraft
(3) Will not use the aircraft for any illegal purpose or for providing transportation of passengers or cargo for compensation or hire
(4) Will only use the aircraft to fly the Charterer, guests, officials and employees
(5) Accepts responsibility to ensure all passengers traveling are legally authorized to undertake the air transportation, including but not limited to, holding valid passports, visas, invitations, sponsorships, according to the laws of the countries of departure and arrival.
The Captain of the aircraft is entitled to take all necessary safety precautions at anytime, including the full authority to make decisions on payload (passengers, luggage, cargo), planned route, timing and ultimate landing destination. Neither FranceRent nor the Carrier are liable for any loss, damage, costs or claims or whatosever nature arising as a result of any such decision. If the planned route, timing or destination must be changed due to the unruly conduct of a passenger, the Charterer will be liable for the complete flight price in full, plus any additional cost caused by any diversion.
If the Captain has landed at a place not specified in the Carriage Contract for any purpose related to the safety of the aircraft and passenger and it may be reasonably expected that the captain will be unable to resume the flight within a short time after such landing, the Carriage Contract shall be considered completed and the price duly earned. The transportation (by road, sea or air) to the final destination is the sole responsibility of the Charterer. The Charterer in such event has no right to damages or compensation and the operator will have no further obligation or liability in relation to the Carriage Contract.
If the Charterer is not ready to commence the flight as per the itinerary on the Carriage Contract, for any reason that the Charterer is responsible for (late arrival, missing passengers, cargo, documents, visas) the Charterer will owe the Carrier a demurrage fee of Euro 350 per hour, for each commenced hour of delay.
In addition, the new departure time (take-off slot) and/or the new arrival time at destination (landing slot) will be re-allocated by the relevant airport's Air Traffic Control, and the Carrier is not liable for any delay or damages caused by such possible delay, which can extend to the following day, or the next airport opening day.
The cancellation fees are listed on the Carriage Contract as per the Carrier’s T&C, and are non-negotiable in case of cancellation of the charter by the Charterer.
Liability If by reason of any circumstances whatsoever beyond the control of the Carrier, FranceRent or the Charterer, as the case may be, including (but without prejudice to the generality of the foregoing) war, hijacking, riots and commotion, strikes, lock-outs, interferences of government authorities or their officials, fire, explosions, requisitions, blockade, embargo, flood, fog, Act of God, mechanical failure, breakdown or accident to the aircraft, the Carrier shall be unable to fly or continue to fly the aircraft or the Charterer shall be unable to take up any flight to be operated hereunder, neither the Carrier nor FranceRent shall be liable for the delay or non-performance of any such flight. The liability of the Carrier to the Charterer shall be limited to the repayment to the Charterer of the charter price or of such part of flying hours as proportionally unused of the charter price. In this case FranceRent will endeavour to find an alternate Carrier and aircraft for the completion of the flight, and a new and separate Carriage Contract shall be presented for approval by the Charterer.
The Charterer agrees that he/she will not be entitled to recover, and hereby disclaims and waives any right that it may otherwise have to recover, lost revenues or profits or consequential damages as a result of any breach or alleged breach by FranceRent of any of its obligations under this Carriage Contract or for any other reason. FranceRent will not be liable to the Charterer for any indirect or consequential damages caused directly or indirectly by any delay or failure to perform the flight on the aircraft. The Charterer confirms that it is fully aware of the provisions of this clause and that the charter price and other amounts have been calculated taking into account such provision. End of Carriage Contract.
These Terms and Conditions constitute the entire agreement between you and FranceRent relating to your use of the Network, and supersedes any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by FranceRent making such amendments or modifications available on the Network. If any provision of these Terms and Conditions is found to be invalid, illegal or unenforceable, the validity, legality and nforceability of the remaining provisions will not in any way be affected or impaired.
FranceRent may amend these Terms & Conditions at any time. Amended Terms & Conditions will be made available on FranceRent's website. Your continuing use of the Network constitutes your acceptance of the amended Terms & Conditions.
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by the laws of France.
Any dispute arising out of or in connection with this Agreement shall be submitted to the exclusive jurisdiction of the courts of France.
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Last update 01/07/2020