General Terms and Conditions for Nautical Services

Preamble

These general terms and conditions apply to all services provided by the company IBMC SARL (IDE: CHE.487.520.166). The said company uses the registered trademark Genevaboats for email headings, advertisements, as well as in email communications. Any service provided, except for sales, offered under the name Genevaboats is subject to these general terms and conditions.

I. Scope of Application

Art.1: These general terms and conditions form an integral part of the rental contract between the tenant and the company IBMC in Geneva (hereinafter: the Service Provider). By booking a nautical service, the tenant accepts these general terms and conditions, which comply with mandatory law, notably art. 8 LCD (Swiss Federal Law Against Unfair Competition).

II. Contract Terms

Art.2: Unless otherwise specified, the reservation of a type of boat is not contractual; the service provider may, without specific reason, replace the reserved boat with another model, adjusting the respective rate accordingly.

Art.3: The internal regulations of the boats are as follows:

  1. The captain is the sole final decision-maker on board the boat. He reserves the right to interrupt or cancel the excursion if he deems the situation dangerous for himself and/or the passengers.

  2. Every person on board must comply with the orders given by the captain in the interest of navigation safety and order on board (art. 4 para. 2 ONI).

  3. Smoking is strictly prohibited for everyone on board, except for electronic cigarettes.

  4. The use of pyrotechnic or flammable devices (fireworks, firecrackers, smoke bombs, etc.) is prohibited on board.

  5. Any damage caused to the boat or any accessory belonging to the boat by the violation of the aforementioned rule is the full responsibility of the tenant.

Art.4: Any nautical sports service involving the use of dedicated equipment, such as skiing, tubing, wakeboarding, must be requested specifically at the time of booking. Without confirmation of this request by the Service Provider, the tenant cannot expect the presence of dedicated equipment on board the reserved boat.

III. Prices

Art.5: All prices indicated on the website are in Swiss Francs (CHF) and include VAT.

Art.6: Any service provided includes piloting by a captain, non-alcoholic beverages, and the fuel provided for a maximum cruising speed defined at 20 knots. Upon the tenant’s request, if possible and with the captain’s agreement, a higher speed may be applied, incurring an additional cost.

Art.7: The Service Provider reserves the right to modify any service price without notice and without delay in accordance with contractual clauses.

IV. Payment Terms

Art.8: Payment for the service is made according to the following terms:

  1. A first deposit of 20% of the total amount is required from the tenant to confirm the reservation.

  2. The full amount must be paid within 5 days before the start of the service.

Art.9: In case of cancellation of the service by the tenant, within a period exceeding 48 hours before the excursion, a 20% deposit of the service price will be invoiced and retained, and the balance of the service will be refunded to the tenant.

Art.10: In case of cancellation of the service by the tenant, within a period not exceeding 48 hours before the excursion, the total price of the service will be invoiced and not refunded to the tenant.

Art.11: In case of unfavorable weather conditions making the excursion dangerous or impracticable (strong winds, heavy rains, etc.), health conditions (notably related to epidemics and pandemics), or other cases of force majeure making the excursion impossible, the Service Provider reserves the right to cancel the excursion or propose a reschedule. If rescheduling is not possible, the Service Provider will provide a full refund of the amount paid. Hours already spent navigating will be due. The captain is competent to assess weather conditions and decide on a route modification, shortening, or cancellation of the trip.

Art.11bis: Regarding services involving sailboats, acceptable weather conditions allowing the smooth running of the service do not guarantee the possibility of sailing. The tenant cannot invoke light wind conditions to be released from their obligation; the service remains due even when wind conditions do not allow sailing.

Art.11ter: Any piloting error making the service totally or partially impossible is not attributable to the Service Provider. The pilot is responsible for their boat and the consequences resulting from errors directly related to their piloting. The service remains due, and the Service Provider reserves the possibility to reduce the service price.

Art.12: Except for exceptions provided in article 11, no cancellation reason is accepted; the service is due.

V. Delay

Art.13: Any arrival exceeding 10 minutes past the scheduled time of reservation is considered a delay.

  1. After the 10-minute limit, the service begins, and the time is counted, regardless of the reason for the delay.

  2. The tenant has the option to continue the planned service by adding a supplement, subject to the availability of the boat, or to shorten it by deducting the delayed time.

  3. The minimum additional time is 30 minutes, billed according to the boat price.

  4. The supplement must be paid at the end of the service if possible, but no later than the first working day following.

VI. Responsibilities

Art.14: All participants in nautical activities offered by the Service Provider attest to being able to swim independently. Furthermore, each participant certifies being medically fit for nautical activities and agrees to inform the captain of any pathology or allergy that could be exacerbated by sports activities. In no case can the Service Provider be held responsible for any damage or other harm to the integrity suffered by any passenger, notably in case of drowning.

Art.15: The tenant and all passengers attest to having taken out liability insurance covering material and/or bodily damages they may cause during outings, as well as accident insurance

Art.16: The Service Provider and its agents decline all responsibility for the loss or damage to the tenant’s personal belongings and those of any passenger. The Service Provider disclaims any liability for any item brought on board the boats or left on board. No responsibility can be attributed to the Service Provider and the captain in case of theft or loss of embarked items, nor even in the unlikely event of an emergency evacuation of the vessel. Any personal property brought on board is under the full responsibility of the tenant and their passengers.

Art.17: The Service Provider and its agents decline all responsibility for any injury to the tenants’ physical integrity, which is not attributable to them.

Art.18: The Service Provider and its agents decline all responsibility for nonperformance, delays in performance, or non-compliance with their obligations, resulting from any cause beyond their control.

Art.19: By accepting the general terms and conditions, the tenant declares to release the Service Provider and its agents from any liability in case of an accident of any nature or damage, without any exception or reservation. Consequently, the tenant waives any claim against the Service Provider and its agents.

VII. Severability Clause

Art.20: If any provision of these general terms and conditions is deemed null, void, or abusive, the other provisions of this agreement remain valid and binding on the parties.

VIII. Data Protection

Art.21: Any data as defined in Article 3 of the LPD collected for the reservation is kept in accordance with federal and cantonal data protection regulations.

IX. Dispute Resolution

Art.22: The rental contract and the related general terms and conditions are subject to Swiss law.

Art.23: Any disputes regarding or arising from the service contract and these general terms and conditions shall be under the exclusive jurisdiction of the ordinary courts of Geneva, subject to recourse to the Federal Court.

IBMC SARL – Version of 26th of February 2024