Terms and conditions of sale and rental

1. Lessor identity and scope

JA CARAIBES, simplified joint-stock company (SAS) with variable capital of 100 euros (minimum: 100 euros), 835 230 236 RCS Pointe-à-Pitre. Registered office: 1 Lotissement Gourdine, 97122 Baie-Mahault. President: Abdelhamid EZBIRI. Trade name: Kiff Caraïbes Nautique; registered sign: KIFF CARAIBES NAUTIQUES. Contact: kiffcaraibesnautique@gmail.com; +590 690 83 75 19.

Reception and handover: Marina du Gosier, pier 4, 97190 Le Gosier, unless agreed in writing. The registered office is not the boarding point.

These terms apply to rentals of boats without skipper, jet skis and SUBLUE underwater scooters to consumers. Any skipper service is subject to a separate contract between the customer and the skipper; its price is not included in the rental unless expressly stated otherwise before booking.

2. Information and contractual documents

Before payment, the customer receives the essential characteristics of the equipment, its dates and times, the price including VAT, included services, mandatory fees, the applicable security deposit and cancellation terms.

The booking includes these terms and the accepted specific conditions, completed at departure by a joint check-in report and inventory. Specific conditions only depart from these terms expressly, with acceptance and in accordance with mandatory rules. The contract signed at departure cannot retroactively impose new financial conditions on the customer.

3. Booking, price and initial payment

The booking is confirmed in writing after availability is validated and 20% of the rental and options price (accessories, meals) is paid, excluding the skipper service. This payment, referred to as the booking deposit, is subject to the cancellation rights in article 4. The balance is payable on the rental day before handover.

The total price including VAT and any options are communicated before booking. No unannounced or unaccepted surcharge is imposed. The skipper's fee, when provided under a separate contract, is paid directly to the skipper under their own terms. The security deposit is neither the rental price nor the booking deposit.

4. Cancellation by the customer

Any request must be sent by email to kiffcaraibesnautique@gmail.com or by any other written means establishing the date of receipt.

More than 72 hours before the scheduled departure: full refund of the deposit. 72 hours or less before departure, or in case of no-show: the 20% booking deposit is retained as cancellation compensation, and the remaining 80% is not due. No security deposit is retained solely because of this cancellation.

This rule applies to boats, jet skis and SUBLUE, subject to the customer's mandatory rights, in particular in case of legally established force majeure. Any refund due is made without undue delay, in principle within 14 days. A change request is only granted after the lessor's written agreement.

5. Weather, cancellation and interruption by the lessor

The lessor may prevent a departure that presents a safety risk, in particular due to weather, sea conditions or a decision by the authorities. If departure cannot take place for these reasons, the customer chooses between a refund of the amounts paid for the rental not performed or a postponement agreed between the parties, with no imposed credit voucher.

Rain forecasts alone do not automatically prohibit navigation; the decision is based on safety conditions. In case of technical unavailability before departure, equivalent equipment may only be substituted with the customer's agreement; otherwise the amounts paid are refunded.

In case of an interruption not attributable to the customer, the handling of the unperformed part and any damages depends on the circumstances and applicable law. No clause exempts the lessor from liability for its own failures.

6. Right of withdrawal

For a leisure activity booked for a specific date or period, the exception in article L. 221-28, 12° of the French Consumer Code in principle excludes the 14-day right of withdrawal. The cancellation rights in article 4 still apply. Offers without a set date, such as some gift vouchers, require specific terms and are not automatically covered by this exception.

7. Handover conditions, fitness and separate skipper

The renter is an adult and presents an ID and the licence required for the equipment and navigation area. The authorised driver is named in the specific conditions. Holding a licence does not exempt from the briefing or from actual driving ability.

The lessor may refuse handover for lack of a mandatory document, obvious inability or a condition incompatible with safe driving; financial consequences must remain proportionate to the established failure.

When a skipper acts under a separate contract, each party's role, qualifications, responsibilities and insurance are identified before departure; the customer is not automatically held liable for the skipper's own faults.

8. Check-in report and inventory

A joint check-in report is made at departure and return, with an inventory of equipment, fuel level and, where useful, dated photos. Reservations are recorded before departure. The briefing covers safety, controls, the kill switch, navigation and emergency numbers.

A signature does not waive remedies for hidden defects, non-apparent faults or defective equipment. Any new damage is described and submitted to the customer's observations; a missing signature at return is not an automatic admission of liability.

9. Security deposit and justified deductions

The security deposit for the equipment is announced before booking and restated in the contract; how it is provided is specified before payment. It secures justified amounts attributable to the renter: damage, missing equipment, fuel owed or validly due contractual fees.

With no incident or amount due, the lessor instructs the release of the deposit or card hold within 48 hours of return; the actual bank delay depends on the payment provider. In case of an incident, only a reasonably justified amount may remain held pending supporting documents; the undisputed balance is released.

Deductions are itemised and supported by the check-in report, photos, quotes, invoices or other relevant evidence. The deposit is never fully retained merely because of damage. It is not by itself a liability cap, but no amount may be claimed without basis and justification. Wear and tear, normal use, pre-existing defects and insurance compensation already received are taken into account to avoid double compensation.

10. Boat and jet ski insurance

Each boat and jet ski has so-called comprehensive insurance. This does not remove deductibles, limits, exclusions or reporting obligations. The deposit amount is not automatically the deductible. The unit's essential cover, deductibles and relevant exclusions are provided to the customer on request before commitment.

Amounts remaining payable by the renter depend on their liability, enforceable conditions and actual compensation; any refusal of cover is not automatically passed on to the customer. Damage attributable to the lessor, lack of maintenance or normal wear is not charged to the renter.

11. SUBLUE insurance and use

The renter must check with their insurer that their cover includes third-party damage related to use of the underwater scooter and damage to rented or entrusted property. Personal liability insurance should not be presumed sufficient: a specific certificate may be requested. The lessor does not guarantee cover by the customer's insurer.

The equipment is used according to the manual and briefing, in the authorised area, under appropriate supervision and within the manufacturer's age, depth and ability limits. It is neither lifesaving equipment nor a substitute for supervising children. Rules for minors and their guardians are specified before booking.

12. Authorised use and safety

The renter and authorised drivers respect maximum capacity, load, the authorised area, local limits and safety instructions. Wearing required equipment and using the kill switch are mandatory under regulations and the briefing.

Prohibited: driving under the influence, subletting, lending to an unauthorised driver, night navigation without appropriate written permission, unauthorised towed activities or towing, illegal transport and dangerous manoeuvres.

The authorised area is specified for each rental, taking into account the vessel, equipment, insurance and local conditions. The GPS and its saved routes are an aid and do not replace charts, buoyage, lookout and depth judgement; this does not exempt the lessor from its own errors or defective equipment. A serious breach may lead to a proportionate interruption for safety, without automatic forfeiture of all amounts.

13. Fuel, cleanliness and additional fees

For boats and jet skis, departure is with a full tank unless a different level is recorded in the inventory; return is at the same level. If the lessor refills, fuel is charged at the communicated price and justified quantity.

No service or exceptional cleaning fee is due without a rate communicated before booking or the customer's express agreement. Normal wear and cleaning are excluded from chargeable damage. Prices of accessories and extra services are accepted before commitment.

14. Duration and return

The return date and time are set in the specific conditions accepted before booking. For day rentals, return is between 5:30 PM and 6 PM depending on the booking; 6 PM is the absolute limit.

A delay attributable to the renter is charged €60 incl. VAT per started 20-minute period, subject to proportionality and mandatory rights. No extra day is automatically added to this fee. Any extension requires written agreement.

The customer must notify immediately of any difficulty; no rushed return should compromise safety. No penalty applies for a delay caused by the lessor or an established exempting event.

15. Incident, rescue and towing

If people are in danger, first call emergency services: VHF channel 16 or 196. Then notify the lessor as soon as possible and follow instructions compatible with safety. Secure passengers, stop the engine if necessary, preserve evidence and do not carry out non-urgent repairs without agreement.

When towing results from an established fault of the renter, the lessor's service may be charged €220 incl. VAT per hour actually performed and justified. This rate does not automatically apply to third-party services or public rescue. A breakdown attributable to the lessor does not allow assistance, repatriation or repair to be charged to the customer. Insurance claims are made within the applicable contract deadlines.

16. Liability and personal belongings

Each party is liable for damage attributable to it under applicable rules. The lessor must provide maintained, suitable equipment with the required safety gear. The renter is liable for the consequences of their established faults or breaches, not for any damage whatever its cause. Liability for personal injury is not excluded by these terms.

Personal belongings are not specifically looked after unless agreed; this does not exclude the lessor's liability in case of proven fault. Loss of income or immobilisation costs are not due as a lump sum and require justified, attributable damage not already compensated.

17. Complaints, mediation and applicable law

Complaints: kiffcaraibesnautique@gmail.com or JA CARAIBES, 1 Lotissement Gourdine, 97122 Baie-Mahault. A prompt request makes review easier, with no time limit depriving the customer of their legal rights.

After an unresolved prior written complaint, the consumer may refer the matter free of charge to the consumer mediator of the business, under legal conditions. Mediator: membership in progress — contact details (name, address and website) will be added here once appointed.

French law applies. Competent courts are determined by applicable legal rules; no exclusive jurisdiction is imposed on the consumer. Recourse to the courts remains possible.

18. Personal data and acceptance

JA CARAIBES processes data needed for booking, the contract, invoicing, safety and claims, on the applicable contractual and legal bases and, where relevant, its legitimate interest. Data is shared only with necessary providers (payment, email delivery), insurers and authorised authorities. To exercise your rights: kiffcaraibesnautique@gmail.com; you may also complain to the CNIL.

These terms are available before payment, accepted via an unticked checkbox and provided on a durable medium with the confirmation. Merely using the equipment does not replace prior information and acceptance.

Appendix — Security deposit amounts

No insurance deductible is subtracted from these amounts.