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Dark Pelican Riviera
General Rental Conditions

1. General Information
To ensure your rental goes smoothly, please read carefully the following information regarding the rental of a Dark Pelican Riviera vessel and the insurance coverage provided.
By renting a vessel from Dark Pelican Riviera, we commit to you, and you commit to us under the general and specific contractual conditions as well as the tariff conditions displayed at the Dark Pelican Riviera agency, which you acknowledge having read before signing the Rental Agreement.

2. Conditions to Rent a Vessel
The operator must be at least 18 years old and hold a valid license allowing them to operate motorboats, matching the category of the desired vessel. For all licenses issued outside France, only those that meet the requirements in the table below are accepted.
Possession of a “white” license (temporary), a license with restricted validity, or a declaration of lost or stolen license does not authorize you to rent the vessel.

Conditions for operating a French recreational motorboat with a foreign license and for obtaining a French license by equivalence:

Boater NationalityLicense OriginOperation with Foreign LicenseFrench License Issued by Equivalence
FRENCHEuropean UnionYES (1) within license limits and translation.YES with CRR or equivalent certificate
FRENCHOutside European UnionYES (1) within license limits and translation.YES with multiple choice exam (sea or inland waters)
EUROPEAN UNIONEuropean UnionYES (1) within license limits and translation.YES with CRR or equivalent certificate
EUROPEAN UNIONOutside European UnionYES (1) within license limits and translation.YES with multiple choice exam (sea or inland waters)
OUTSIDE EUROPEAN UNIONEuropean UnionYES (1) within license limits and translation.YES with multiple choice exam (sea or inland waters)
OUTSIDE EUROPEAN UNIONBoater’s CountryYES (1) within license limits and translation.NO
OUTSIDE EUROPEAN UNIONOutside EU & Boater’s CountryNONO

(1) Validity of license and official translation required.

You certify on your honor that your motorboat license is valid and not suspended, restricted, or revoked. Holders of licenses not written in French must provide an official French translation.

3. Payment
At the start of the rental, you must present to DARK PELICAN RIVIERA a bank or credit card. The card must belong to the primary operator.
You pay the rental amount at vessel departure.
Payments are made in Euros.

Accepted Payment Methods
Dark Pelican accepts the following payment methods for all rentals:
Credit Card Payment
You can pay by bank or credit card (Carte Bleue, Visa, Mastercard).
The card used must belong to the primary operator and be presented at rental start.
Note: Dark Pelican Riviera does not accept American Express, Visa Electron e-debit, Visa+, Mastercard maso, Indigo, Kyril, Cyus cards, or withdrawal cards.

Cash Payment at Agency
You can pay in cash but must present a bank or credit card to verify funds.
Note: Dark Pelican Riviera does not accept checks or holiday vouchers.

Prepaid Booking Payment
You can pay in advance when booking.

We reserve the right to verify all payments and refuse rental on legitimate grounds.

4. Cancellation
Online booking is final.
You are liable for the full rental amount as agreed at booking.
On rental day, failure to present valid ID and a valid motorboat license for French waters will result in no refund.
The same applies if the security deposit cannot be authorized.

A confirmation booking voucher will be emailed to you.
By validating payment, you authorize Dark Pelican Riviera to debit your payment method for the full rental and any additional fees.

Upon vessel possession, you must pay a security deposit using an approved payment method, usually the same as used for booking.
Failure to pay the deposit does not exempt you from rental obligations.

5. At the Start of the Rental
Before signing your Rental Agreement, read it carefully along with the rental conditions, tariffs, and included or excluded insurance.
Feel free to ask staff about current promotions.
Also review:
- Fuel billing methods
- Conditions if returning the vessel without a full tank
- Option to purchase a full tank at rental start
- Damage billing scale for damages you cause, based on average cost of parts and labor.
Dark Pelican Riviera covers vessel handling and immobilization costs.
The damage scale is available at the agency.
6 Holder of the Rental Contract and Authorized Drivers
The name of the renter indicated on the Rental Contract is that of the skipper, who must be present at the signing of the Rental Contract and to whom the fees related to the rental are charged.
Except for legitimate and unforeseeable reasons, only the skipper(s) indicated on the Rental Contract is/are authorized to operate the vessel. In case of damage caused to the Vessel while being operated by a driver not listed on the Rental Contract, the subscribed insurances shall be void, and you must compensate Dark Pelican Riviera for the full extent of damages attributed to you (including those suffered by the vessel up to the market value of the vessel plus costs and fees related to its immobilization).

7 Documents to Provide at Vessel Pickup
The driver must present to the Dark Pelican Riviera agency a valid ID (identity card, driving license or passport), the original navigation license, a bank or credit card or a prepaid Dark Pelican Riviera booking, and a payment method accepted by Dark Pelican Riviera (see above).
In case of a negotiated or preferential rate, the driver must present the corresponding proof to the Dark Pelican Riviera staff.

8 Condition of the Vessel
The Rental Contract notes any visible damage to the vessel and the fuel level at the start of the rental. Verify that the apparent condition of the vessel matches what is described in the Rental Contract. You agree to write a joint report on the apparent condition of the vessel if you notice an anomaly not indicated on the Rental Contract. If you are unable to write such a report, collect proof of the anomaly observed (e.g., dated photograph) and contact the Dark Pelican Riviera agency as soon as possible. Otherwise, Dark Pelican Riviera cannot consider claims regarding apparent damages. Compare the fuel level shown on the dashboard with the notes on the Rental Contract. You agree to have the Rental Contract corrected by Dark Pelican Riviera staff in case of any discrepancy. Check that the copy of the registration document or vessel certificate, as well as the insurance certificate and the amicable accident report, are on board. Dark Pelican Riviera provides, on each vessel, a safety kit corresponding to the category of the vessel stated in the Rental Contract. Verify that this equipment is present. If not, ask Dark Pelican Riviera staff to provide the missing items and have the Rental Contract corrected by them.

9 During the Rental, Territorial Validity
Vessels rented in France cannot cross borders unless rented with crew designated by Dark Pelican Riviera. Outside France, the subscribed insurance is not applicable, and you will be liable for all damages attributed to you (including those suffered by the vessel up to the market value plus immobilization costs).
 
10 Operation
You hold legal custody of the vessel from the moment of delivery and are therefore responsible for it. You agree to take care of it and use it in a normal and prudent manner. Abnormal uses of the Vessel include, but are not limited to:
- using the vessel contrary to its intended purpose (wrong fuel, damage due to misuse, poor judgment of vessel size, operating despite dashboard warnings, modifications to the vessel, etc.),
- using the vessel to provide paid transport services for people (e.g., taxi) or goods (e.g., paid deliveries),
- transporting flammable, explosive, corrosive, or oxidizing materials,
- using the vessel for driver training,
- using the vessel in races, contests, or competitions,
- operating the vessel under the influence of alcohol, narcotics, or medically unprescribed drugs,
- subleasing the vessel to a third party,
- intentional damage to the vessel.

11 Safety
You agree to respect safety conditions set by regulations, particularly the maximum capacity specific to each vessel regarding the number of occupants and/or the weight of luggage or cargo ("payload").
During the rental and depending on the hours traveled, you agree to perform usual vessel checks (water level, engine oil level beyond 50 hours, etc.), according to a "good family man" standard. You must heed any alert signals appearing on the vessel dashboard and take necessary precautionary measures (emergency stop, etc.).
Vessels are equipped with a safety kit corresponding to the vessel category stated on the rental contract. This safety kit is provided during the rental. In case of non-return of this kit, either partial or complete, Dark Pelican Riviera will charge you for the missing items plus a fixed penalty of €50 for administrative handling of damages. Pricing for these items is available at the Dark Pelican Riviera agency.

12 Fines
Under the Maritime Code, as the vessel renter, you are financially responsible for any violations of the Maritime Code and must pay the fines yourself within the required deadlines during the rental period. If not, Dark Pelican Riviera will forward your details to the Maritime Court, which will send you the increased fine. In any case, Dark Pelican Riviera charges you a fixed administrative fee (€35) per fine for the cost of handling your information and sending you the increased fine or ticket.

13 Breakdowns, Accidents, and Theft
In case of vessel breakdown or accident requiring immediate or urgent repairs: before carrying out any repairs, contact the Dark Pelican Riviera agency at
: +33 (0)4 93 01 76 54      or      +33 (0)6 62 55 06 60
In case of an accident or damage involving a third party that does not require immediate repair, you must inform Dark Pelican Riviera within one hour of becoming aware of it and provide the agency within the day with a duly completed amicable accident report signed by you and the third party involved. Submission of a signed amicable accident report in such cases, whether or not you are at fault, is mandatory. Otherwise, except in cases of force majeure making timely submission impossible, the subscribed insurance is void, and Dark Pelican Riviera will charge you for all damages attributed to you (including those suffered by the vessel up to the market value plus immobilization costs). In all cases of vessel damage, Dark Pelican Riviera charges a fixed administrative fee (€35) for processing.
In case of theft of the vessel: you must, within one hour of becoming aware, file a theft report with the competent authorities and provide Dark Pelican Riviera with the official police report, vessel papers, keys, and any anti-theft system. If keys and/or papers were stolen with the vessel, report this to the authorities to be noted on the complaint. Otherwise, except in cases of force majeure preventing submission, insurances are void and Dark Pelican Riviera will charge you for all attributable damages (including those suffered by the vessel up to market value plus immobilization costs).

14 Rental Rate
The base rate is a daily flat fee calculated according to current rates. It includes:
- third-party liability insurance. It may be increased by:
- a charge for fuel used, as per the "Fuel" section below and the "fuel notice" displayed at the Dark Pelican Riviera agency;
- optional supplements and services indicated below.
Check with Dark Pelican Riviera.
Anything not expressly included in the rental rate will be charged separately, notably:
- repairs for damages caused to the vessel
- damage to propellers and outdrives
- loss or theft of the vessel and/or keys.
The rental rate is calculated based on the hours indicated in the Rental Contract. A 15-minute delay for vessel return is tolerated. Beyond this, Dark Pelican Riviera charges an additional rental day plus fees for chosen options for each started day of delay, unless you no longer have the vessel for reasons beyond your control.
In case of late payment, Dark Pelican Riviera charges a fixed compensation (€40) for recovery costs, in addition to late penalties at three times the legal interest rate.

15 Supplements
Dark Pelican Riviera charges certain extra fees in addition to the rental rate, detailed below:
A fixed surcharge applies if you lose the vessel keys or if a deep cleaning (requiring an outside company) is necessary upon vessel return, with amounts indicated at the Dark Pelican Riviera agency on the damage billing scale.

16 Vessel Return
Schedule:
You must return the vessel, its keys, and papers to Dark Pelican Riviera staff on the dates and times agreed in the Rental Contract, and in all cases during the agency's opening hours. You must inform Dark Pelican Riviera as soon as possible of any event preventing you from returning the vessel on the agreed dates and times, under penalty of constituting misappropriation subject to legal action. If you wish to extend the rental, you must go to the Dark Pelican Riviera agency, settle the rental at contract closure, and sign a new Rental Contract. In all cases, you remain liable for the rental amount and any fees related to damages suffered by the vessel until its return to Dark Pelican Riviera. If you return the vessel outside agency hours and/or drop the keys in the agency’s mailbox outside opening hours, you remain responsible and liable for rental fees and damages attributed to you (including those suffered by the vessel) until the agency reopens. Dark Pelican Riviera cannot be held responsible for any belongings you leave in the vessel at contract end.

17 Fuel
Dark Pelican Riviera provides the vessel with a full fuel tank. Upon vessel return, you have two options to account for fuel consumed during your rental:
1) You can always refill the tank before returning the vessel. In this case, Dark Pelican will not charge you for fuel.
2) If you don’t have time to refuel, Dark Pelican Riviera will charge you for the missing fuel at the price shown on the "fuel notice" available at Dark Pelican Riviera agencies, plus a fixed fee of €20 VAT included for refueling services performed by Dark Pelican Riviera staff ("fuel service"). This fee is indicated on the "fuel notice" at the agency. To estimate missing fuel, Dark Pelican Riviera assesses consumption during your rental and compares it to the tank capacity for the vessel model (manufacturer data). Two calculation methods are used:
- if you consumed more than 6/8 of the tank during your rental, you will be charged for a full tank refill.
- if less than 6/8 consumed, Dark Pelican Riviera refers to the gauge, measured by eighths, since not all tanks have an exact gauge. You will be charged for the difference between your tank level at vessel delivery and that upon return.
If you do not agree with the calculated amount or conditions, you must explicitly refuse and return the vessel with a full tank of fuel.

18 Responsibility for Crew and Passengers
You are responsible for all crew and passengers aboard the vessel during the rental, in accordance with current legislation. You must ensure that all occupants respect safety conditions imposed by regulations.

19 Complaint and Disputes
You must inform Dark Pelican Riviera of any claim or dispute related to the rental, in writing, as soon as possible. Failing that, Dark Pelican Riviera will consider the rental contract properly executed and completed.
In case of dispute, only the courts of Nice have jurisdiction, unless mandatory legal provisions impose another jurisdiction.

20 Applicable Law and Jurisdiction
This contract is subject to French law.
In case of dispute, only the courts of Nice are competent, unless mandatory legal provisions impose another jurisdiction.

21 Intellectual Property
All rights and intellectual property rights related to documents provided by Dark Pelican Riviera belong to Dark Pelican Riviera.
No total or partial reproduction or representation of these documents is authorized without the prior written consent of Dark Pelican Riviera.

22 Data Protection
Dark Pelican Riviera processes personal data to allow proper contract execution and for commercial and statistical purposes.
You have the right to access, rectify, and oppose the processing of your data by contacting Dark Pelican Riviera.

23 Entire Agreement
This contract constitutes the entire agreement between the parties regarding its subject matter.

24 Severability
If any clause is declared null or unenforceable, the remaining clauses remain fully effective.

25 Modifications
Any modifications to this contract must be made in writing and signed by both parties.

26 Force Majeure
Neither party shall be liable for failure to perform due to force majeure events.

27 Contact
For any questions or additional information, contact Dark Pelican Riviera.