Article 1. Purpose
Boat-Club makes one or more boats (hereinafter the “Boat”) available to the Client against payment, according to a schedule (see art. 2) and a price (see art. 7) determined on the website http://www.Boat-Club.ch (hereinafter the “Website”)
Article 2. Schedule of use
The schedule of use of the Boat is established exclusively by Boat-Club and made available through the Website. The schedule of use can be modified according to the conditions available on the Website. As an exception, Boat-Club may modify the schedule of use at its discretion if maintenance or repairs of the boat so require.
Article 3. Insurance
Boat-Club has entered into an accident insurance policy that covers damage. However, this insurance policy provides for a deductible (see security deposit) of CHF 1,000 (one thousand) per claim payable by the Client.
Article 4. Security deposit
A security deposit of the insurance deductible amount will be collected by Boat-Club for the season. This amount will be deposited into a Boat-Club bank account and will be carried over automatically to the following year. It is not interest bearing.
At the Client’s request, the deposit can be returned at the end of the season, if the Client has not given rise to any claim and no longer owes any sum of money in any capacity to Boat-Club.
The Client will be considered a “new client” in accordance with article 6 of this contract, if he wishes to register for another season after the return of the deposit.
After three consecutive years of non-renewal of the rental contract, if the client has not requested in writing the return of his deposit by 30 September of the third year, it will definitively revert to Boat-Club, without further advance notice.
Article 5. Claims
The Client is required to check the condition of the Boat before each use. To this effect, a checklist is automatically sent with each booking confirmation. The checklist indicates various points to check before each use of the booked Boat. In case of defect, in particular loss of material or damage, the
Client should immediately contact Boat-Club.
In the event of a claim, the Client must immediately report the claim by telephone to Boat-Club. A claim report will be drawn up in due form as soon as possible.
The Checklist does not release the Client from notifying Boat-Club of any defects that are not listed on the Checklist.
If the Client has not notified Boat-Club immediately of the existence of a defect, the Client shall bear the costs of repairing any defect that may be detected after use, either by Boat-Club or by the next Client.
The Client is made aware that the propeller is not insured and that any damage caused to it must be entirely borne by the Client.
B. Obligations of the Client
Article 6. Annual fee, access key to the pontoons
Before the first use of the boat, the “new Client” agrees to pay an application fee of CHF 250 before tax and a pontoon key fee of CHF 50 (CHF 100 for Duo contract)
The Client who has received on his request, his security deposit, in accordance with article 4 of this contract, will be considered as a “new client”, in the event of a new membership, and will therefore pay the annual application fees equivalent to those of the first year.
A client who does not purchase points for two consecutive seasons remains registered as a member. A client who has still not purchased points for a third consecutive season will have to cancel the contract by simply requesting the return of the security deposit, and his/her account will be deactivated.
Article 7. Purchase of points
In order to book the boat on the Website, the client must purchase “Points” that will be automatically debited from the Client’s lease account when making bookings on the Website. The minimum acquisition is CHF 3,450 (three thousand four hundred and fifty Swiss francs). The Client can always purchase additional Points during the season.
The purchase of additional Points during the season will be invoiced at the same rate as the base points purchased at the beginning of the season, as indicated below (see art. 8). The online user account will be activated upon receipt of contracts, required documents and payments.
Article 8. Rates
All rates below are exclusive of tax (7.7%)
Silver Contract CHF 3,450 = CHF 6 per point. Purchased points that are not consumed during the season will not be refunded or carried forward*
Gold Contract CHF 4,000 = CHF 5 per point. Purchased points that are not consumed during the season will be carried forward* to the following season at the rate of 50%, but will not be refunded.
Platinum Contract CHF 4,500 = CHF 4 per point. Purchased points that are not consumed during the season will be carried forward to the following season at the rate of 100%, but will not be refunded.
Duo Contract CHF 4’900 = CHF 6 per point. Purchased points that are not consumed during the season will not be refunded or carried forward*
* The points are carried forward only in the case of a renewal and subscription to a new contract (Silver, Gold or Platinium) (see art. 14).
Article 9. Fuel
Fuel consumed by the Boat while the Client is using it is the Client’s responsibility. Filling the fuel tank from any portable container is strictly prohibited. If the tank is not filled correctly, the client will be charged for one full tank.
Article 10. Charter for use of the boat
The Client undertakes to use the Boat according to the schedule established by Boat-Club and to return the Boat on time, to moor it in its place, to cover it and to return it clean with a full fuel tank after each use.
If the Boat is not returned in a clean condition (free of garbage) or if the fuel tank has only been partially filled, Boat-Club may invoice the Client for the costs incurred on this occasion. Dogs are not allowed on the boats.
Article 11. Modifications and repairs of the Boat
The Client is not authorised to make any modifications or repairs to any of the Boat’s equipment. The Client is not authorised to have agents service the Boat. Should a repair be needed, the Client will immediately contact Boat-Club, which can authorise or delegate a repair of the Boat.
Article 12. Penalties
In the event of a breach by the Client of the usage schedule or of any contractual obligation, Boat-Club reserves the right to impose a penalty of CHF 500 (five hundred Swiss francs) per incident, in addition to compensation of any other damage incurred. Insofar as the penalty has not been paid, the Client is not permitted to use the Boat.
Article 13. Liability
The Client who signs the present contract is responsible for the use of the Boat.
The Client undertakes not to transfer the use of the Boat to any third party other than Boat-Club staff members and clients.
The Client guarantees that he/she holds a Swiss motorboat license or an equivalent foreign license valid in Geneva and undertakes to remit a copy of his licence to Boat-Club upon signature of the contract.
The Client guarantees that he/she is insured for his/her own civil liability (RC) and for the persons on board the Boat.
The Client agrees to not use the Boat for speed races, surveillance missions or any competitive activity whatsoever.
The Client agrees to comply with the boating laws.
C. Duration of the contract
Article 14. Duration of the contract
This contract begins on May 1st and expires on September 30th.
The existing Client may renew the contract via the website (see art. 5). The Client may subscribe to a new contract and will have the possibility to change the type of contract (see art. 8). Boat-club reserves the right to adapt the fees that apply accordingly.
Article 15. Free termination by Boat-Club
Boat-Club can terminate this contract at any time, without having to justify the reasons. In this case, the balance of unused Points will be returned in full to the Client.
Article 16. Termination for cause by Boat-Club
Boat-Club may also terminate this contract at its own discretion and at any time in the event of an accident or damage to the Boat due to the Client’s intentional or negligent fault, in the event of a breach by the Client of the rules of navigation or imprudence, or in the event of a breach by the Client of the clauses of the present contract. In these cases, all payments already made by the Client in favour of Boat-Club will revert to Boat-Club Boat-Club reserves the right to exercise all other civil, criminal and administrative rights.
Article 17. Limitation of liability
The liability of Boat-Club c/o LemanLoisirs is limited in all cases to the amount of the price already paid by the Client according to article 7 of this contract and no additional damage can be claimed.
Article 18. Applicable law
This contract is subject to Swiss law.
Article 19. Jurisdiction
The parties agree that the Courts of the Republic and Canton of Geneva have sole jurisdiction for any dispute that may arise.
The Client domiciled abroad elects domicile in Geneva for the performance of his obligations and accepts the jurisdiction of the Republic and Canton of Geneva pursuant to Art. 50 para. 2 LP.