GENERAL TERMS AND CONDITIONS OF RENTAL

Article 1 – Purpose of the Contract

The purpose of this contract is to provide a bareboat (without crew) rental.
The identification of the lessor, the lessee, and the vessel, as well as the rental period, are specified on the reverse side along with the specific terms of the contract.
The lessee’s signature of the specific terms constitutes full acceptance of these general terms and conditions.

Article 2 – Payment Terms

Payment for the rental is made in two instalments:

• 50% of the total rental fee at the time of booking;

• The remaining 50% no later than the day before departure.

Article 3 – Handover of the Vessel

The vessel will only be handed over to the lessee once the following conditions have been met:

• The rental fee and all selected options have been paid in full;

• The security deposit has been made at the departure base (in cash, certified cheque, or credit card pre-authorization);

• The lessee has provided the lessor with the full name and phone number of every person boarding the vessel.

The lessor reserves the right to verify the sailing and manoeuvring skills of the lessee and/or their crew, including accompanying them at sea if necessary.
If the trial is unsatisfactory, the lessor may cancel the contract and retain the rental and options fees, or, if available, place a skipper on board for the period deemed necessary for the safety of the vessel and its passengers. Skipper fees will be at the lessee’s expense.

Article 4 – Obligations of the Lessor

The lessor must provide a seaworthy vessel, equipped in accordance with current laws and maritime regulations.
Time required for the vessel’s presentation and handover will take place before embarkation.
Once the lessee has received all the vessel’s documents, they may freely use the boat.
The lessee will be provided with a marina berth free of charge for the first and last rental day, except in cases of departure and/or return outside the base.

Article 5 – Obligations of the Lessee

The lessee must inspect the vessel, its equipment, and inventory in detail to ensure that everything is present and in good working condition.
Any comments or reservations must be made before departure.
The lessee’s signature constitutes full acceptance of the vessel in its current condition.

From the time of handover, the lessee assumes legal custody and full responsibility for the vessel and is liable for any damage to persons on board, to the vessel itself, or to third parties.
The lessee remains legally responsible for the vessel even when Aito Charter provides a skipper.

All expenses incurred after handover — including port fees, fuel, oil, water, and consumables — are at the lessee’s expense, as are any repair costs, except those resulting from normal wear and tear.
In such cases, the lessee must contact the rental base, obtain prior authorization for repairs, justify their necessity, and provide receipts to be reimbursed upon return.

The lessee agrees:

• To carry only the number of passengers authorized by the vessel’s safety equipment;

• To use the vessel responsibly for leisure sailing only, in compliance with maritime and customs laws;

• Not to use the vessel for commercial activity, professional fishing, transport, towing, or any other unauthorized purpose.

The lessee expressly releases the lessor from any liability as shipowner arising from non-compliance with these obligations and will bear full responsibility before maritime and customs authorities for any fines, proceedings, or confiscations resulting therefrom.

The lessee must maintain the vessel in good working order throughout the rental.
Towing should be avoided wherever possible; however, if necessary, the lessee must negotiate and agree upon the towing price with the assisting captain before towing begins.

Subletting or lending the vessel is strictly prohibited.

The lessee must return the vessel, including all equipment, in the same condition as received, clean and within the agreed time.

Late returns will incur the following penalties:

• 1–3 hours late: 15,000 XPF per hour (any hour started is due);

• 3–5 hours late: one-half day of rental;

• More than 5 hours late: one full day of rental;

• More than 1 day late: daily rental rate + 50%.

If the lessee abandons the vessel at a location other than that specified in the contract, they must pay the costs of returning the vessel to base plus compensation calculated as above for the number of days required for transfer, as well as any damage or loss occurring until the vessel is retrieved.

Note:
For rentals shorter than 15 days, sailing more than 250 nautical miles from the base is prohibited without prior written approval from the base manager.

If the vessel is returned dirty, a cleaning fee will apply.
Any missing or broken equipment (navigation, bedding, dishes, etc.) will be charged to the lessee.

The lessee agrees not to leave port or anchorage if:

• A marine weather warning is in effect or winds exceed Force 6 Beaufort (or are forecast to do so);

• The port authorities have prohibited sailing;

• The vessel or vital equipment is damaged or unfit for navigation;

• Fuel reserves are insufficient;

• Or if conditions could endanger the vessel or its crew.

The lessee must keep a logbook, recording daily destinations, weather conditions, sail configurations, engine hours, and any crew changes.

The lessee agrees to follow any navigation or routing instructions from the lessor, particularly in case of adverse weather.

The lessee authorizes Aito Charter to use any photos or videos taken of the lessee or passengers on board for promotional or marketing purposes (including brochures, videos, slideshows, ads, or online content) without compensation.

The lessee shall bear any costs associated with compliance with current health or sanitation protocols applicable to the boating sector.
If non-compliance results in the cancellation of a future booking, the lessee agrees to compensate the lessor for the total value of the lost charter (including options).

Article 6 – Security Deposit

The deposit covers damage or loss to the vessel, its equipment, or third parties.
It will be refunded within seven (7) days after check-out and inventory, provided the lessee has fulfilled all obligations.

The vessel must be returned in the same seaworthy condition as received.
Otherwise, the lessor may retain part or all of the deposit to cover repair costs.
The deposit does not limit the lessee’s liability; if damages exceed this amount, the lessee remains responsible for the balance.

Article 7 – Insurance

The lessor holds an insurance policy covering:

• Damage to the vessel, accessories, and fittings;

• Total or partial theft;

• Third-party liability for property and personal injury.

This insurance does not cover loss or theft of personal belongings, or personal accidents involving passengers or crew.

In case of an accident, the lessee must complete a written report, collect names and addresses of third parties, and notify the lessor within 24 hours.

The insurance policy includes a deductible, payable by the lessee.
The lessee remains self-insured up to the amount of the deposit.
Uninsured losses or damages are charged to the lessee and deducted from the deposit.

In the event of damage during the charter causing vessel immobilization, the lessor is not required to provide a replacement vessel or any financial compensation.

Article 8 – Cancellation Policy

Before the vessel is taken over, the lessee may cancel the booking subject to the following terms:

• More than 60 days before departure: Full refund of all amounts paid.

• 30–59 days before departure: 50% of the rental amount (deposit) retained (excluding options).

• Less than 30 days before departure: 100% of the rental amount due (including options).

Aito Charter may, on a case-by-case basis and with valid justification (serious reason and supporting documentation), offer a reschedule or partial refund.

If, at embarkation, the vessel or an equivalent substitute is not available, the lessee may choose to:

• Extend the charter period by the same duration as the delay (if scheduling allows);

• Keep the same return date and receive a refund for lost time, calculated proportionally;

• Cancel the charter if the delay exceeds one-quarter of the total rental period, with full refund of the rental amount.

In no case may the lessee claim additional compensation for loss of enjoyment.

Any interrupted, shortened, or unused charter due to the lessee’s choice will not be refunded.

If weather conditions are deemed unsuitable for departure by an Aito Charter representative, the charter will be rescheduled, not refunded (except under exceptional circumstances reviewed case by case).
Only Aito Charter’s team may determine if conditions are unsafe.

If part of the crew is unable to participate (illness, professional reason, Covid, etc.), this does not entitle the lessee to a refund or postponement.
If a public health restriction (lockdown, curfew) prevents the charter, only a reschedule will be offered.

A rescheduled booking due to weather or health reasons cannot be postponed again or refunded.
Aito Charter may, at its discretion, review exceptional cases upon written request and supporting documentation.

Article 9 – Disputes

Any dispute concerning the execution or interpretation of this contract shall fall under the jurisdiction of the Tribunal of Nouméa.