1. Role of the platform

The role of the platform is limited to connecting the owner of a boat with a potential customer.
It is only an intermediary.
The www.panpan-sailing.com Platform offers a way for boat owners to offer them for rental to users of the site. The platform only acts as an intermediary between the parties and a contractual relationship is only created between the boat owner and the client.
Pan-Pan Sailing is a boat rental platform, it acts as an agent of owners, partners offered online via the Pan-Pan Sailing website at the address www.panpan-sailing.com.
The customer will be solely responsible for finding out about the conditions and formalities of access to the desired destination, any insurance to be taken out, the health conditions and taxes required.

  1. Definitions

Rental contract: reservation document signed between the customer and the owner to confirm the reservation of a boat including all the information necessary to benefit from the rental.
Service provider: Pan-Pan Sailing in its capacity as intermediary and service provider.
Customer or user: any natural person who visits the website and reserves a rental property.
The customer can be the beneficiary of the rental but if he is not, the customer must ensure, before signing the rental contract, that the beneficiary meets the conditions authorized by the description of the boat.
Charterer: any natural or legal person, owner or operator of a boat or their representative, carrying out a boat rental activity on a professional basis and wishing to make a boat available through Pan-Pan Sailing.

  1. Purpose and scope

These general conditions of sale define the terms and conditions of online boat rental through Pan-Pan Sailing.
They are written in French in their original version which alone is authentic and prevails over any other version.
These general conditions of sale apply to the exclusion of all other conditions. They can be consulted by users on the site at any time and are systematically submitted electronically and downloadable by the user before any reservation validation and at the time of registration. In this regard, they are enforceable against him on the basis of article 1119 of the Civil Code.
These general conditions of sale express the entirety of the obligations of the parties, users of the site are deemed to accept them without reservation. They will prevail, where applicable, over any other version or any other contradictory document.
Any boat owner and user of the platform declares to have read and accepted.
These general conditions of sale made available on the site. These general conditions do not govern the relations between the customer and the owner of the boat which are regulated by the rental contract formed by the reservation.
Checking the box “I have read and accept the general conditions of sale” demonstrates the users’ consent to their application.
Consequently, reserving a rental implies full and unreserved acceptance of these conditions.
Pan-Pan Sailing reserves the right to modify these conditions at any time and invites its members to consult the general conditions of sale before any new boat reservation. The conditions of sale in force are applicable to all reservations made from the date they are posted online.
In the event that one of the terms of these conditions is considered illegal or unenforceable by court decision, the other provisions will remain in force and Pan-Pan Sailing will revise the provision concerned to bring it into conformity.

  1. Registration on the site

Registration to the site is free and the platform reserves the right to accept or refuse the creation of an account.
The platform reserves the right to unsubscribe any professional or user who does not respect these general conditions.
Any user can unsubscribe from the platform at any time by completing the dedicated form

  1. Use of the site

The announcements on the platform are communicated by the owner and posted online by Pan-Pan Sailing. The owner must provide information on the identification of the boat (name, model, year, characteristics, etc.), the location of the boat, one or more visuals of the boat (of which he guarantees and authorizes the free reproduction on the site).
Pan-Pan Sailing at the request of the author may at any time modify or delete the advertisement. The owner is solely responsible for the accuracy of the information he publishes on the site and the platform cannot be held responsible for false or inaccurate information published.
The platform does not have to verify the information posted online.

  1. Reservation

The customer makes his reservation on the site at the address www. Panpan-sailing.com
He must complete the availability confirmation request form requested for each rental.
The interested user requests a quote from Pan-Pan Sailing, indicating the dates and number of people and the service they require.
The reservation is only made once the user has paid the deposit to Pan-Pan Sailing. Once this reservation has been made, the user receives a confirmation email as well as the contact details of the service provider who guarantees the reservation.
Any reservation on the site is a reservation with obligation to pay and it constitutes acceptance of the prices in force on the day of the reservation.
The contract is deemed concluded on the date of receipt of the reservation confirmation.

  1. Payment terms

The amount of the deposit and the reservation price requested from the customer are established by the owner. Late payment on the agreed dates will result in the cancellation of the reservation by the customer and justifies the withholding of fees already paid.
The amount of the deposit is paid directly by the customer on the Pan-Pan Sailing website and they can pay it by credit card, bank transfer or paypal account.
The balance of the reservation will be paid directly to the owner
Pan-Pan Sailing cannot be held liable in the event of insolvency of one of the parties.
Any online payment is final and the customer undertakes not to request reimbursement of the rental price by defending the appearance of a difficulty in the execution of the contract.
Any payment that is fraudulent, late compared to the due date that the owner will have notified to the customer by email, will result in payment penalties and cancellation of the reservation.

  1. Modification/cancellation:

In accordance with article L221-28 12° of the Consumer Code, no right of withdrawal is provided for in the context of boat rental.
However, changes can be made under certain conditions.
A reservation can be modified with the agreement of the owner and that of the platform if it also leads to a modification of the service fees granted. The platform must be informed as soon as possible.
A rental shortened by the tenant will not give rise to any reimbursement from the platform.
In addition, weather forecasts cannot be considered as cases of force majeure and therefore cannot give rise to any reimbursement.
In the event of unfavorable weather forecasts throughout the rental period or in the event of a natural disaster affecting the rental conditions, the rental may be canceled by the owner in agreement with the platform
The owner can cancel the rental:

  • When he considers that the user is not able to navigate the boat (Health problem, Pregnant women). The customer will therefore not be able to claim any reimbursement or compensation.
  • When the boat is damaged and cannot be navigated. The owner must inform the tenant and the site as soon as possible and must provide all the necessary supporting documents.

The renter may cancel his reservation if he notices that the boat does not conform to the description or that it is not seaworthy (essential safety defect or non-compliance with the laws and regulations in force). All supporting documentation must be provided to the site as well as to the owner in order to prove it and after verification it will be reimbursed partially or in full of the amount paid for the rental.
If the rented boat is unavailable on the scheduled dates, the owner undertakes, as far as possible, to offer a boat of similar or higher quality. If none is available or accepted by the customer, the owner undertakes to reimburse the amount of the reservation.
Pan-Pan Sailing cannot ensure validation of the requested modification. It cannot be held responsible in the case of possible penalty costs issued by the owner of the boat, attributable to the customer in order to follow up on his request for modification.
In the event that the customer does not notify the owner of his wish to cancel his reservation and does not show up on the day the boat is picked up, no refund will be allowed.
Except in cases of force majeure, the deposit paid upon reservation is automatically acquired and cannot give rise to any refund.
Cancellation is possible when it occurs more than thirty days before the start of the reservation.
Thus, if the cancellation occurs more than 90 days before the start of the rental, cancellation fees amounting to 30% of the rental amount are applied.
If the cancellation occurs within 60 days before the start of the rental, the cancellation fee amounts to 50% of the reservation amount.
If the cancellation occurs within 30 days before the start of the rental, the cancellation fee amounts to 70% of the reservation amount.
If the cancellation occurs within 29 days before the start of the rental, the cancellation fee is 100% of the reservation amount.

  1. Bail

A deposit may be required by the owner when picking up the boat. Its method of payment is provided by the owner in the contract concluded with him.
The owner of the boat or his legal representative may refuse the customer access to the boat if the customer has not paid the deposit.
The customer’s deposit will be returned to him at the latest within one month of the end of the service.
Deductions may be imposed in the event of possible damage occurring during rental or in order to pay for possible additional charges.

  1. Use and occupation of the rented boat

The maximum reception capacity is specified on each boat advertisement. This capacity was decided by the owner of the boat in view of the francization act issued by maritime affairs and cannot under any circumstances be exceeded.
It is strictly forbidden to accommodate people other than those provided for in the rental contract.
Each owner chooses whether or not to accept the presence of pets. To see with the owner.
The reservation confirmation sent to the customer contains the boat pick-up information, namely: the start and end date of the rental, the customer’s arrival and departure time, the contact who will welcome the customer, the point appointment for access to the boat.
All arrival information must be sent to the owner a maximum of one week before the rental start date. In the event of a delay on the day of picking up the boat, the customer must inform his owner or legal representative in order to agree on a new schedule.
The owner or his legal representative will welcome the client and tour the premises during which he will explain the rules for occupying the boat in question.
In the event that the customer does not show up on the rental start day as established during the reservation without first informing the owner or his legal representative, the reservation will be canceled and cannot be subject to cancellation. reimbursement.
On the day of departure, the owner or his legal representative will take care of the client’s departure from the premises and will check that the boat is in the same condition as on the first day of rental and that there has been no damage to the boat. place, in which case, an amount will be deducted from the deposit according to what is provided for in the “deposit” point of these general conditions of sale.

  1. Insurance :

The boat owner only rents boats with insurance.
All boats offered for rental on the site must benefit from all-risk protection taken out by the owner via the insurance company they wish. The all-risk insurance taken out must cover the user’s liability throughout the rental period. As well as all damage from which the boat and its accessories may suffer (Dependencies; losses due to damage; partial or total theft of the main engine and accessories of the boat; the consequences of the civil liability of the User in the event of recourse to third parties (material damage and/or bodily injury, defense and appeal, retirement costs, assistance).
The boat owner must warn the user of all risks covered and those not covered by the insurance contract. The user may, at his request, receive a copy of the contract subscribed to.
The site cannot be held responsible in the event of damage during rental.

  1. Responsibility

The platform must offer a functional site, however it cannot be held responsible in the event of a breakdown or interruptions due to their unavoidable nature.
The platform only constitutes an intermediary between the owner and the user therefore no damage resulting directly or indirectly from the negotiation, formation, execution, non-performance, expiration and termination of the rental contract concluded between the owner and the user.
The owner is solely responsible for the accuracy of the information given to the platform.
The platform cannot be held responsible for false or inaccurate information published. The platform does not have to verify the information posted online, it is up to users of the site to be vigilant in their research and when they decide to conclude together. The professional is solely responsible for the advertisements he publishes. Likewise, the photographs and texts presented are not contractual. Consequently, it declines all responsibility for imprecisions, inaccuracies or omissions relating to the information available, as well as any liability relating to damage resulting from fraudulent intrusion by a third party resulting in a modification of the information contained on the Site.
Use and navigation on the site are the responsibility of the customer. Pan-Pan Sailing declines all responsibility and cannot be held responsible for any damage or viruses which may affect computer equipment or any other material when accessing the site, using or browsing the site, downloading any content, data, text, images or files from the Site.
The site is not required to verify the good condition of the boat and its fitness to sail or, concerning its members, their effective solvency. It is up to users to carry out these checks, and they cannot try to hold the site responsible.
Once the boat is handed over to the renter, the latter is solely responsible for all material or immaterial damage caused directly or indirectly to himself or to third parties by the rented boat.
The tenant is solely responsible for any damage caused to the boat, namely deterioration, destruction without having to determine the cause. The platform cannot be held responsible in the event of loss during the trip to sea.
The site’s liability, whether tortious or contractual, cannot be engaged for events due to a case of force majeure, a fortuitous event or due to a third party or the victim of the damage.

  1. Personal data

The personal data provided in the forms by members of the site are intended exclusively for this site. They are collected and processed with respect for privacy in accordance with the provisions of law n°78-17 of January 6, 1978 amended by law n°2004-801 of August 6, 2004 relating to computing, files and freedoms. The site may also use the data processed for commercial or advertising purposes and within the limits authorized by law. Likewise, the site may use this data in order to satisfy their legal and/or regulatory obligations.
Each member has the right to access, modify and delete data concerning them by sending a request to dpo@panpan-sailing.com They also have the right to object to the processing of their personal data .
Lessors and Users have the possibility of submitting a complaint to a supervisory authority.
The customer who has reserved a boat will be able to leave a review on panpan-sailing.com at the end of the rental. The customer grants permission to Pan-Pan Sailing to publish this notice on its website in the announcement of the boat concerned and accepts that the site can use it for promotional purposes.
More information on the protection of personal data in the privacy policy.

  1. Intellectual property

All documents provided to the customer remain the exclusive property of the site, the sole owner of the intellectual property rights over these documents, and must be returned to the customer when requested.
Any use by the customer of the Pan-Pan Sailing brand is prohibited unless authorized by them.
The content and structure of the site are protected on the basis of literary and artistic property, throughout the world.
Any reproduction or representation, total or partial, of any content present on the site (namely any text, image, iconographic or photographic representation, brand or logo) for any purpose and on any medium is prohibited.
None of the provisions of these general conditions of sale may be considered as granting the customer a license to any intellectual property right.
The user is not authorized to use photos and videos of the rented boat for commercial purposes nor to expressly name the owners of the boat he has rented.

  1. Force majeure

Any circumstances beyond the control of the parties, preventing the execution under normal conditions of their obligations, are considered as causes of exemption from the obligations of the parties and result in their suspension or termination depending on the duration of the impossibility of performance. ‘execution.
The party who raises this circumstance must imperatively notify the other party as soon as possible. All irresistible facts or circumstances, external to the parties, unforeseeable, inevitable, independent of the will of the parties and which cannot be prevented by the latter, despite all reasonably possible efforts, will be considered as force majeure.
Expressly, the following are considered as cases of force majeure or fortuitous events, in addition to those usually retained by the jurisprudence of French courts and tribunals: the blocking of means of transport or supply, congestion of airspace or bad weather, delays, breakdowns, loss or theft of luggage or other effects, earthquake, fire, storms, floods, lightning, shutdown of telecommunications networks, war, political unrest, strikes external to the service provider, technical incidents external to the service provider or difficulty specific to telecommunications networks external to customers.
The parties will contact each other to determine the conditions under which the reservation will be continued, where possible. If the force majeure lasts for more than 30 days, the reservation may be canceled by the injured party.
The conditions for canceling the reservation and its consequences are specified in these general conditions of sale.

  1. Waiver

The fact of not exercising, at any time, a prerogative recognized by these general conditions of sale or of not requiring the application of any stipulation of these conditions cannot, under any circumstances, be interpreted or as a modification of the reservation, nor as an express or tacit waiver of the right to exercise said prerogative in the future or of the right to demand the scrupulous execution of the commitments made in these general conditions of sale.

  1. Transfer

Pan-Pan Sailing reserves the right to transfer all or part of the execution of services to service providers meeting the same qualification requirements.
The customer has the possibility of assigning the reservation contract to a third party who meets the same conditions as the latter to benefit from the rental reserved on the basis of article L211-11 of the Tourism Code as long as the contract has not produced any effect. In order to exercise this right, the customer must inform the site and the owner of the boat of the transfer of the contract by any means allowing an acknowledgment of receipt to be obtained at the latest 30 days before the start of the rental of the boat, indicating precisely the name and address of the beneficiary.
The transferor and the transferee are jointly and severally responsible for payment of the balance of the price as well as any fees, charges or other possible additional costs caused by this transfer.

  1. Mediation

Once the contract is formed between the owner and the tenant, any dispute which may arise regarding the execution or termination thereof is subject to the provisions of the rental contract and the legislation applicable to the latter.
In accordance with the provisions of article R616-1 of the Consumer Code, Users have the possibility of using a Consumer Mediator free of charge.
The PAN-PAN SAILING company appoints as mediator Maître Thierry TONNELLIER, Mediator at the Paris Court of Appeal.

  1. Jurisdiction

The parties undertake to seek an amicable solution to any dispute which may arise from the provision of services.
If they are unable to do so, the parties will submit the dispute to the competent court of VANNES – Morbihan (56).

  1. Applicable law

These general conditions are written in French and subject to French law. In the event that they are translated, only the French text will be authentic in the event of a dispute.

  1. Dispute between professional and site

In the event of a dispute arising over the interpretation or execution of these general conditions, the site and the professional undertake to do their utmost to find an amicable solution to their dispute.
Failing this, the VANNES Commercial Court will be the only competent jurisdiction to hear this dispute.

  1. Dispute between tenant and site

In the event of a complaint regarding the interpretation or execution of these general conditions, the user undertakes to send his complaints to the following address: SAS PAN-PAN SAILING – 1 Rue de Vannes 56450 Theix-Noyalo
The user can file a complaint on the dispute resolution platform set up by the European Commission at the address: https://ec.europa.eu/consumers/odr/main/index.cfm?event=main. home2.show&lng=EN
The European Commission will then be responsible for transmitting the complaints to the competent national mediators.

  1. Dispute between owner and user

In the event of a dispute over the interpretation or execution of the rental contract, the applicable law and competent jurisdiction are those defined in the contract concluded between them.