Effective Date: October 26, 2023

This Rental Agreement

("Agreement") is made between Yacht Gear Hire ("YachtGear.pro", "Lessor", "we", "us") and the customer ("Renter", "you", "your") for the rental of equipment through yachtgearhire.pro (the "Site"). By confirming a rental booking and accepting these Terms of Rent, you agree to be bound by the terms and conditions herein.

This Agreement, along with our [Link to Terms of Service Page], [Link to Privacy Policy Page], [Link to Refund Policy Page], and [Link to Shipping Policy Page], collectively govern your rental from YachtGear.pro.

1. Definitions

Equipment:

Refers to the specific item(s) rented by the Renter, as detailed in the booking confirmation and rental invoice.

Rental Period:

The agreed-upon duration, starting from the confirmed pickup/delivery time and ending at the confirmed return/pickup time.

Rental Fee:

The total cost for renting the Equipment for the Rental Period, including any applicable taxes, delivery/pickup fees, and optional extras.

Security Deposit:

A refundable amount paid by the Renter to cover potential damages, loss, late returns, or cleaning fees.

2. Rental Confirmation and Payment

Booking Confirmation:

A rental booking is confirmed only upon receipt of full payment or an agreed-upon deposit, and YachtGear.pro's issuance of a booking confirmation and invoice.

Payment:

You agree to pay the full Rental Fee at the time of booking, or as otherwise specified. Payment must be made through the methods available on the Site.

Security Deposit:

A Security Deposit of [Specify amount or range, e.g., €[Amount] or [X]% of equipment value] will be required and held for the duration of the Rental Period. This deposit will be refunded as per Section 7.

Pricing:

All prices are in [Your Currency, e.g., EUR] and are subject to change without notice until a booking is confirmed.

3. Equipment Delivery, Pickup, and Return

Methods:

Equipment will be transferred via [Choose one or both: Yacht Gear Hire Delivery & Pickup Service / Customer Pickup & Return], as selected during booking. Specific terms for these services are outlined in our [Link to Shipping Policy Page].

Inspection at Handover:

Upon delivery/pickup, the Renter is responsible for immediately inspecting the Equipment.
Any existing damage, defects, or missing components must be reported to YachtGear.pro in writing (e.g., email with photos/video) within [e.g., 2 hours] of receipt. Failure to do so constitutes acceptance of the Equipment in perfect working order and condition, free from damage.
A handover form detailing the Equipment's condition will be signed by both parties at this time.

Condition at Return:

The Renter agrees to return the Equipment to YachtGear.pro in the same condition as received, reasonable wear and tear from normal, intended use excepted.
Timely Return: Equipment must be returned/ready for pickup strictly at the agreed-upon date and time.

Late Returns:

Late returns will incur additional charges of [e.g., one full day's rental fee for every 24-hour period or part thereof, plus any costs associated with disrupting subsequent rentals].
Early Returns: Early returns do not entitle the Renter to any refunds or credits for unused rental time.

4. Use of Equipment

Authorized Use:

The Renter shall use the Equipment solely for its intended purpose and in a careful and proper manner, consistent with all manufacturer's operating instructions, safety guidelines, and any specific instructions provided by YachtGear.pro.

Competent Operators:

Equipment requiring specialized knowledge or certification (e.g., dive compressors, complex cleaning machinery) must only be operated by individuals possessing the necessary training, competence, or certification.

Prohibited Uses:

Unauthorized modifications, alterations, or repairs to the Equipment.
Use of the Equipment for illegal activities.
Sub-renting, lending, or transferring the Equipment to any third party without express written consent from YachtGear.pro.
Using the Equipment in adverse weather conditions or environments for which it is not designed.

Responsibility for Personnel:

The Renter is responsible for ensuring that all persons operating or using the Equipment understand and adhere to these Terms of Rent and all safety guidelines.

5. Maintenance and Care

During the Rental Period, the Renter is responsible for the proper care and basic maintenance of the Equipment, including but not limited to, cleaning after use, appropriate storage, protecting it from harsh weather/elements, and adhering to simple operational checks as advised.
Any mechanical issues or malfunctions during the Rental Period must be reported to YachtGear.pro immediately. Do not attempt repairs without explicit authorization.

6. Damage, Loss, or Theft of Equipment

Renter's Full Responsibility:

The Renter assumes full responsibility for the care and security of the Equipment from the moment it is handed over until its return and full inspection by YachtGear.pro.

Liability for Damage/Loss:

The Renter is solely liable for any and all damage, loss, or theft of the Equipment, regardless of cause (including, but not limited to, negligence, accident, fire, theft, or natural disaster).
Charges for Damage/Loss: In such events, the Renter agrees to pay.
The full cost of repair or replacement of the Equipment (based on its fair market value or new replacement cost, whichever is greater).
Any associated costs, including freight, customs duties, administrative fees of [e.g., €[Amount]], and loss of rental income for the period the Equipment is deemed unrentable due due to repair or replacement (calculated at the daily rental rate).

Reporting:

All incidents of damage, loss, or theft must be reported to YachtGear.pro immediately (within [e.g., 2 hours]) and, in the case of theft, to local law enforcement.
Security Deposit Deduction: Costs for damages, loss, or excessive cleaning will first be deducted from the Security Deposit. If these costs exceed the Security Deposit, the Renter agrees to pay the additional balance within [e.g., 7 days] of notification.

7. Security Deposit Refund

The Security Deposit will be refunded to the Renter within [e.g., 5-10 business days] following the satisfactory return and inspection of the Equipment.
Deductions from the Security Deposit will be made for:
Damage to the Equipment beyond reasonable wear and tear.
Loss or theft of the Equipment.
Excessive cleaning required (a minimum cleaning fee of [e.g., €[Amount]] may apply if not returned clean).
Late return fees.
Any outstanding Rental Fees or other charges.
An itemized statement of deductions will be provided to the Renter.

8. Cancellation Policy (by Renter)

The specific conditions and charges for cancelling a rental booking are detailed in our [Link to Refund Policy Page]. Please refer to that document for full details.

9. Lessor's Right of Repossession

YachtGear.pro reserves the right to terminate this Agreement and repossess the Equipment immediately, without prior notice, if the Renter breaches any of these Terms of Rent, fails to return the Equipment on time, or if the Equipment is used in an unsafe or unlawful manner. The Renter agrees to pay all costs incurred by YachtGear.pro in repossessing the Equipment.

10. Disclaimer of Warranties;

Limitation of Liability
Disclaimer:

The Equipment is provided "as is" and "as available." YachtGear.pro makes no warranties, express or implied, regarding the Equipment, including any warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability:

In no event shall YachtGear.pro be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, arising from your use of the Equipment. The total liability of YachtGear.pro under this Agreement shall not exceed the total Rental Fee paid by the Renter for the specific rental.

11. Indemnification

You agree to indemnify, defend, and hold harmless YachtGear.pro and its officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable legal fees and costs, arising out of or in any way connected with your access to or use of the Equipment, your breach of this Agreement, or your violation of any law or the rights of a third party.

12. Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of [Your Jurisdiction/Country], without regard to its conflict of law principles.
Any disputes arising out of or relating to this Agreement shall be resolved through [e.g., binding arbitration in accordance with the rules of [Arbitration Body], or exclusively in the courts located in [Your City/Region/Country]].

13. Entire Agreement

This Agreement, together with the documents incorporated by reference, constitutes the entire agreement between you and YachtGear.pro concerning the rental of Equipment.

14. Contact Information

For any questions regarding these Terms of Rent or your rental, please contact us:

Email: [email protected]
Phone: +33602113488