General terms and conditions of Allonautilus Charter

These General Terms are applicable to bookings made on the Site whose purpose is to place a User in contact with a Renter for the rental of a boat via the online platform developed by Allonautilus Charter.

1. Definitions:

Allonautilus Charter: represented by the legal entity ReservHotel Europe BVBA, registered in Belgium under number 0467 105 478, with offices at 18 Daloensdelle, 3090 Overijse, Belgium.

Boat: the boat selected by the User via the Site or an equivalent replacement thereof.

Charter Price: the price for the renting of the boat including the Handling Fee

Full Charter Price: is the Charter Price and the Service Charges.

Service Charges: the price for certain services related to the renting of the Boat which can be ordered via the Site (e.g. skipper services, catering, cleaning, etc.).

Cancellation Fee: is the fee withheld by Allonautilus pursuant to article 6.

Rental of the Boat:

Rental Contract: the contract directly concluded between the Renter and the User for the Rental of the Boat.

Renter: any person or legal entity owning or operating a boat, or representative of such a person, conducting a boat rental activity on a professional basis and wishing to make a boat available to a User via the Site.

Site: www.allonautiluscharter.com , www.allonautilus.com or any other website developed by Allonautilus Charter.

Services: using reasonable efforts to putting in contact a User and a Renter via the Site for a rental of a Boat available via the Site and services related thereto provided by Allonautilus Charter, such as facilitating the quotation process, facilitating the conclusion of rental agreement, facilitation of payments and facilitating cancellations and modifications.

Handling Fee: fees payable to Allonautilus Charter for its Services which are included in the Charter Price.

User: any person or legal entity wishing to rent a boat from a Renter via the Site.

2 –These General Terms and conditions apply to all bookings made via the Site whose purpose is to place a User in contact with a Renter for the rental of a Boat. As an intermediary, Allonautilus Charter is not a party to the Rental Contract, which is directly concluded between the Renter and the User. The General Terms do not govern the relations between the Renter and the User, which are regulated by the Rental Contract.

3 –Before any booking, the User declares that he/she has familiarized himself/herself with and accepted the General Terms by ticking the corresponding box.

4 – Functioning of the Services

4.1 The content published on the site is provided by the Renter, who is solely responsible for the accuracy and completeness of this information. Answers to questions from the User to the Renter will be collected by Allonautilus Charter for the User.

4.2 Reservation by the user.

The reservation of the boat by the User under the conditions offered by the Renter is materialized by the payment, by the User via the website, of the 50% deposit (on the charter price) required by the Renter. Allonautillus Charter expressly checks the availability and the final price in the advertisement, the reservation of a boat is made directly by making the payment of the deposit, without prior estimate.

A 100% deposit will be requested for any reservation less than one month before departure. The balance will have to be paid at the latest one month before boarding, to Allonautilus Charter. Service charges, mandatory options and rental deposit will always be paid on departure at the embarkation port or differently if agreed by rental contract.

Thanks to our secure connection, we accept payments by credit card (Visa, MasterCard, ...) or Paypal. You can also make a bank transfer.

Your deposit is then placed in a dedicated bank account and will only be returned to the lessor once the contract is signed on your part.

The user can also send a reservation request and / or quote via the contact page. Whatever the reservation method, the User is informed that the rental of the boat is not guaranteed as long as the reservation is not confirmed. Allonautilus Charter recommends that the User wait for confirmation of the reservation before incurring any additional costs to the boat rental. The rental balance is due one month before the boarding date.

4.3 Confirmation of the reservation by the Renter.

The User is informed of the confirmation of the reservation by email. When the Renter has formalized the reservation with a written rental contract, the Renter sends the User a draft rental contract as well as the documents necessary for the rental. Upon receipt of the Rental Agreement from the Renter, the User returns it signed to the Renter by email. In the event of non-confirmation of the reservation by the Renter after 4 days, Allonautilus Charter will reimburse free of charge the amount of the deposit that has been paid by the User. It is specified that no compensation or damage can be demanded from the User in the event of non-confirmation of the reservation by the Renter.

4.4 Forming of the Rental Contract. Allonautilus Charter assists the Renter and the User with the conclusion of the Rental Contract. Allonautilus Charter is not a party to the Rental Contract, which is to be concluded directly between the Renter and the User. The Renter and the User bear sole responsibility for the negotiation, forming, fulfilment, non-fulfilment, expiry and termination of the Rental Contract concluded between them. Allonautilus Charter can under no circumstances be held liable in this regard. A copy of the agreed Rental Contract is to be provided to Allonautilus Charter.

Article 5 – Rental of the Boat

5.1 Skipper and crew. In principle, the rentals available on the Site are rentals of boats without a crew. The Renter reserves the right to check the navigational skills of the User and his/her crew (if any). If the navigational skills of the User or his/her crew are not considered sufficient, or if the skipper hired by the User is not available, the Renter may cancel the rental with the User being in the wrong unless the User succeeds in hiring another skipper at his/her own expense. In the event of a cancellation for lack of sufficient navigational skills, the rental will be deemed cancelled for reasons attributable to the User and will lead to the cancellation costs indicated in Article 6. If a skipper is hired, the User remains fully responsible for the boat and its crew throughout the period of the rental.

5.2 Travel documents and sailing license. The User bears sole responsibility for the compliance of the travel documents, passport, possible visa and vaccination certificates, and for the sailing license, for himself and the persons accompanying him, in accordance with the regulations of the countries visited. Any cancellation, denial of boarding or shortening of the rental resulting from non-compliance of the travel documents, visas, vaccination certificates or sailing license is considered to be a cancellation attributable to the User and will lead to the cancellation costs indicated in Article 6.

5.3 Checks before takeover of the boat. Checking of the information communicated by the Renter and the User (identity, condition and equipment of the boat, navigational skills and solvency) are the Renter’s and the User’s responsibility. The User may be obliged, by the rental contract with the Renter, to pay a security deposit before the takeover of the boat. Any dispute concerning the deposit or the damage waiver, due in particular to on board damage or a delay in the return of the boat, is not Allonautilus Charter’s responsibility.

5.4 Use of the boat. Any boat rented via the Site can be used only for pleasure boating, to the exclusion of any commercial, professional fishing, transport, regatta or other operations, unless stipulated otherwise in the Rental Contract in agreement with the Renter. Such exceptions will imply rules and obligations specific to contracts of this type, such as specific insurance contracts, administrative steps, etc., which the User and the Renter must imperatively comply with. In line with any provisions in the Rental Contract, the User undertakes to make reasonable use of the boat rented. In particular, he undertakes to comply with the applicable navigation and customs rules and the safety instructions given by the Renter. He undertakes to carry out routine maintenance of the boat and keep it in good condition.

Sub-rental and lending of the boat are strictly prohibited. The User undertakes to take on board only the authorized number of people. In the event of serious damage (dismasting, leak, fire, etc.), the User must inform the Renter urgently, requesting instructions. Pending these instructions, the User must have a report drawn up in order to obtain the refunding of the sums owed by him from the insurance company. In no case may Allonautilus Charter’s be held liable for the damage incurred or the sailing conditions.

Article 6 – Modifications or cancelation.

6.1 Conditions for modifying the rental - If the User, for any reason, wishes to make changes to his/her booking (boat model, date, destination, etc.), he/she must inform Allonautilus Charter. Allonautilus Charter will try to find a solution that is satisfactory to the User, for which a handling fee of 120€ will be charged, in addition to any potential additional costs associated with the change to the booking. However, Allonautilus Charter does not guarantee that the rental can be changed. If no solution satisfactory to the User can be found and consequently the User chooses to cancel the rental, the User will be subject to the cancellation conditions described below.

6.2 Conditions for cancellation of the Rental Contract. The conditions for cancelation are those that are stipulated in the Rental Contract. The cancelation conditions of the Rental Contract are typically as follows: (1) the User may cancel the rental up to 90 days before departure, in which case 30% of the Charter Price will be reimbursed by the Renter ; (2) the User may cancel the Rental Contract up to 60 days prior to departure in which case 50% of the Charter Price will be reimbursed by the Renter ; (3) the User may cancel the Rental Contract up to 30 days prior to departure in which case 30% of the Charter Price will be reimbursed by the Renter ; (4) the User may cancel the rental within 30 days prior to departure in which case no reimbursement will be made by the renter and the full Charter Price will be retained by the Renter.

6.3 Cancelation Fee. Regardless of the time of cancellation and the reimbursement of all or part of the Full Charter Price by the Renter based on the applicable conditions of cancelation in the Rental Contract, a Cancellation Fee of 10% of the Charter Price is due to Allonautilus Charter, which will be withheld by Allonautilus Charter from any reimbursement to the User, without further notice.

7. Warranties and liabilities

7.1 Allonautilus Charter’s obligations are obligations of means only and do not guarantee any result. Allonautilus does not guarantee that the boat is available and that the boat is fit for purpose or meets certain conditions, quality or any other features.

7.2 To the fullest extent permitted by law, Allonautilus Charter shall not be liable to the User or any third party, for (1) any incidental, indirect or consequential loss or damage, loss of profit, loss of business, loss of business opportunity, loss of revenue or depletion of goodwill howsoever arising (2) for any loss or damage to the extent arising from the accuracy, correctness and completeness of any of the information provided on the Site; (3) ) for any loss or damage to the extent arising from failure of the Renter to comply with any of its obligations in the Rental contract or any other responsibilities of the Renter set out in these Terms and Conditions; (4) for any loss or damages exceeding an amount of 500 Euro.

7.3 Allonautilus is not responsible for any reimbursement of the Full Charter Price, in whole or in part, or for any other compensation, in the event the weather conditions prevent sailing and oblige the boat to remain in port or at anchor or where the User refuses to take possession of the boat, or who interrupts the rental before its end date, for any reason.

Article 8 – Terms of payment

8.1 The down payment and the payment schedule of the Charter Price to be paid by the User, are set by the Renter. Failure to comply with the payment schedule on the due dates will be considered as a cancellation of the Rental Contract in which case Article 6 shall apply.

8.2 Any payment including the down payment, due to the Renter are paid by the User the User via the website. Payment by credit card or PayPal account or bank transfer to Allonautilus Charter account is accepted. The payment of the balance of the price may exceptionally be made directly to the Renter, in which case Allonautilus Charter may not be held responsible for any insolvency of the User or the Renter. The banking data filled in by the User when an online payment is made are not stored by the Allonautilus Charter site. Any online payment or bank (wire) transfer is final and the User undertakes not to request a refund of the amount(s) paid for the rental from their banking or credit card service provider in case of a difficulty occurring in the implementation of the Rental Contract.

Article 9 – Insurance . Allonautilus Charter does not provide any insurance. As will be agreed in the Rental Contract, the Renter may provide a comprehensive insurance contract which covers the User’s liability throughout the period of the rental.

Article 10 – Termination . Allonautilus Charter has no obligation to provide any of the services described in the Terms and/or on the Site and can terminate the services at any time without any further notice without incurring any cost or liabilities.

Article 11 – Miscellanious

11. 1 These Terms are governed by and construed in accordance with the laws of Belgium.

In the event of a dispute between the User or any third party and Allonautilus Charter, irrespective of its nature and the place of occurrence, the Courts of Leuven (Belgium), shall have exclusive jurisdiction.

11 .2 Any claims against Allonautilus Charter under or in connection with the use of the Site or any of the services provided by Allonautilus Charter will become time-barred after expiration of 1 year as from the date of the delivery of the relevant services.

11.3 The invalidity or non-applicability of one or more of these provisions does not affect the validity of the other provisions. The invalidity or non-applicability of one or more of these provisions does not constitute a reason for terminating the agreement. The invalid/inapplicable provision will be replaced by a provision which approaches as closely as possible the economic intention of the invalid/inapplicable provision as set out herein