Terms & Conditions

Terms & Conditions “SERENITY”

Objective

The following Terms & Conditions of Breakdown assistance service set out the cover provided under the Marine Assistance service contract “SERENETY”.  Marine Assistance will provide 24 hour Breakdown assistance services, subject to availability and conditions, to effect temporary or permanent repairs as a result of a Breakdown in order to mobilize the contracted vessel. The service will be conducted either by Marine Assistance or by a, by Marine Assistance approved, professional service operator.

If, in the operative’s opinion, the prevailing conditions render an attempt at repair and / or tow unsafe or unwise, or in his opinion there is a potential danger to life and property, the operative shall be entitled, at his sole discretion, to notify the French Coastguard CROSS. Upon such notification Marine Assistance shall be deemed to have complied fully with its obligations hereunder and shall not be under any contractual duty to render further assistance.

Marine Assistance reserves the right to withdraw assistance in unsuitable or dangerous conditions such as poor visibility, strong tides, fog or other adverse weather.

This contract is limited to the benefits that include the first two hours of labor free of charge towards the effecting of temporary or permanent repairs and / or the cost of towing whilst within the defined Geographical Limit to the nearest suitable port. It includes attendance at Your home berth and fouled propeller clearance.

The granted cover only applies if You have paid Your annual fee prior to inception of the contract.

Definitions

The following definitions apply throughout:

Us / We:
Marine Assistance International, Le Sextant, 1 Rue de la Trinquette, 17000 La Rochelle, France.
You / Yours:  The Vessel indicated in the contract “SERENETY” is the covered Vessel. Any person rightfully operating the Vessel is entitled to receive benefits for that Vessel.
Vessel: A registered pleasure craft which is in accordance with maritime regulations, not exceeding 60 feet in  length overall, providing it is not commercially registered or used in a commercial manner.
Place of residence: The place of residence is considered to be Your principal residence and thus mentioned on the income tax statement.
Breakdown: The failure of the Vessel’s motor propulsion unit and mechanical steering, causing the Vessel to be immobilized or without means of maneuver.
Geographical Limit:                     Waterborne service from ports up to 6 nautical miles offshore along the French coasts including Corsica, the French Antilles and all navigable French interior waterways and lakes.
Disease:  A condition of the body, or of some part of the body, in which its functions are disturbed or deranged, requiring medical treatment.
Injury: A physical damage done to a person or a part of their body.

Conditions

  1. The covered services by the present contract are the interventions concerning Breakdown assistance and towing at sea because of subsequent defined reasons, 24hours/7days, for a pleasure craft not exceeding 60 feet in length overall and not commercially registered or used in a commercial manner.
  2. The number of interventions is unlimited for the Vessel determined in the contract “SERENETY”.
  3. We are managing all interventions directly and engaging a professional service operator for any intervention by direct phone call or via the smart phone application MARINE ASSISTANCE. In case of Us being unable to intervene after having contacted by You, we are covering the intervention fees of the engaged company (except when endangering persons in case of a pending rescue action).
  4. The contract is covering any immobilizing Breakdown such as loss of keys, lack of fuel, electrical Breakdown, engine Breakdown, fouled propeller clearance and towing at sea within the Geographical Limit of 6 nautical miles from the shore line to the nearest suitable port.
  5. In case of towing, the passed time will be the necessary and sufficient time to bring back the Vessel towards the closest port.
  6. You are entitled to two hour’s labor free of charge on each Breakdown. You will be responsible, and invoiced separately, for any additional charges including extra labor, parts and materials which are used during the repair or attempted repair including, but not limited to spare parts, fuel, oil and keys and VAT thereon where applicable, not paid for on site.

Exclusions

Not covered by this contract are as follows:

  1. Any Breakdown occurring ashore or at Your place of residence.
  2. The Breakdown of the Vessel’s trailer or any other unit supposing to carry the Vessel such as e.g. a cradle.
  3. Any call out to a Vessel used for hire and reward.
  4. Any call out to a Vessel in use during a competition or race.
  5. Any claim arising from a Breakdown which does not occur within the Geographical Limit and the Contract Period.
  6. Any claim resulting in, or arising from, repairs, services or labor having not been carried out in an appropriate way after a previous Breakdown which occurred for same reason.
  7. The costs of any call out directly or indirectly in whole or part due to any act or omission that is willful, unlawful or negligent by You.
  8. The costs of all parts and materials used in effecting a temporary or permanent repair including but not limited to spare parts, fuel, oil, keys and VAT where applicable.
  9. Leakage, fire, Vessel is about to sink, beaching on sand or rocks.
  10. Any call out due to a disease or injury occurring on board.
  11. Any call out in extreme weather conditions such as wind higher than 6 Beaufort and a swell of 2 meters or higher.

Claims notification

In the event You encounter a problem which requires our assistance You should telephone our N° AZUR: 0811 03 16 17. Or when calling from abroad You will need to dial: 0033 547 74 81 25.

Cancellation / Refund

You have the right to cancel your contract “SERENETY” at any time for whatever which kind of reason (vessel is sold; vessel is not existing any longer etc.). There is no refund available. If You wish to cancel Your contract You should write to Marine Assistance International, Le Sextant, 1 Rue de la Trinquette, 17000 La Rochelle, France. If Marine Assistance decides to terminate Your contract, for example, due to an abuse of the service, there will be no refund.

Renewal of the contract

The present contract will be renewed automatically after a period of 12 month commencing from the date of this contract.

Applicable Legislation and Court of Competent Jurisdiction

The contract is governed by French law. Disputes between Marine Assistance and You relating to the agreement shall, with the exception of conditions of mandatory law, be brought before the Commercial Court of La Rochelle.

October 2013