General conditions of use of sharing motor-boats NAUTI-CLUB These conditions take place from January 4, 2021. Subject to modifications (the new conditions will be published on the website https://www.nauti-club.ch) 1. Scope a. These GTC govern the contractual relations between the user ("you") and NAUTI-CLUB ("us"). b. By signing the contract, the user will be granted the use of a boat made available by the association under the following conditions. 2. Conclusion of the contract a. In addition to the PAF (Contribution to Costs) chosen by the user, an annual contribution of CHF 140.- for administrative costs as well as a deposit of CHF 500.- will be requested from each user and must be paid at the beginning of each season. No bank interest can be claimed. In the event of early departure before the end of the season, only the deposit may be returned after deduction of any debts due to the association. b. Depending on the PAF chosen, the number of outings indicated is only valid for the current year and no remaining outings will be carried over to the following year. No partial or full refund of PAF will be returned. c. An initiation of each boat is required with an association manager at the single rate of CHF 60.-. The introduction to a new boat is mandatory and must be planned before the first booking of a boat. d. The payment of the PAF, administrative costs, the deposit as well as the initiation lesson must be made before the 1st reservation. Payment terms can be agreed. e. Each new user must provide a copy of his identity card as well as his driving license (Cat. A). f. Registration as a user does not give the association the right to vote or decide. 3. Reservations/booking a. Each reservation is made online on the nauti-club.ch website: "reservation" page and will count for 1 outing regardless of the number of hours booked. The password and username will be provided when payment has been made. b. In order to allow a round of users, no reservation can be made for 2 consecutive days. c. Each reservation can be made maximum 3 weeks in advance and at least 1 hour in advance. d. Any cancellation must be made 48 hours in advance online, otherwise the reservation will be deducted from the chosen PAF. e. Cancellation is compulsory if the boat is not used. f. Depending on the PAF chosen, each user will have to respect the number of outings and the times assigned to him. For public holidays, see official list of the canton of Vaud: https://www.vd.ch/themes/formation/jours-feries-et-vacances-scolaires/ 4. Use of boats a. Each user navigates under his own responsibility. It respects the laws and legal clause in force. For safety reasons, night navigation are not allowed. b. The user who signed the contract must be present on the boat and agree to be in possession of civil liability insurance both for himself and for his passengers. c. The number of people mentioned in the navigation license must not be exceeded. d. Each navigating user assumes his own safety and that of his pasengers. He will wear and have the life jacket worn according to the weather situation and the duty of vigilance. The weather forecast can be viewed on www.meteosuisse.admin.ch e. It is forbidden to sublet or use the boats for educational or commercial purposes. Any suspicion will end the relationship between the user and NAUTI-CLUB without reimbursement. f. Each outing with a motor boat is limited to 1 day maximum between 9:00 a.m. until sunset between April 1 and October 17, 2021. Other restrictions applies depending of the PAF choosed. g. Each boat must be returned before sunset. h. It is recommended not to smoke on board for safety and to avoid damage to the boat. 5. Return of boats a. The user who has reserved a boat agrees to return it clean, otherwise NAUTI-CLUB will deduct CHF 100.- from the user's deposit for cleaning costs. b. The user agrees to return the boat with a full tank of gasoline, otherwise NAUTI-CLUB will deduct CHF 100.- plus the total price of the missing gasoline from the user's deposit. c. The user must ensure that the refueling is done exclusively with the type of fuel indicated for the boat, otherwise the costs relating to the complete overhaul of the boat will be entirely the responsibility of the user. d. The user agrees to return the boat to its appointed place. The boat will be covered and the dumpsters will be uncorked. e. After use, the user agrees to leave the boat key and the pontoon access badge in the safe provided for this purpose. f. All costs resulting from non-compliance with the provisions of the GTC will be borne by the user. g. NAUTI-CLUB is not responsible for any items left or stolen inside or outside the boat. 6. Breakdowns and accidents with NAUTI-CLUB boats a. Each user is responsible for checking the entire boat and its inventory and reporting any faults, damage or other irregularities prior to use. In case of observation or damage allowing the use of the boat and / or not affecting the safety of the passengers, the user must send a message in the "comments" section which can be found on the boat reservation page and can attach a photo, otherwise the user will be held responsible. In the event of observation or damage making use difficult or even impossible and / or endangering the safety of passengers, the user must immediately notify a manager of the association (By email: email@example.com / By phone: 078 635 42 99) b. In the event of an accident, the association cannot be held responsible in any way. c. The emergency number 117 remains the privileged interlocutors of a user in difficulty. For any call and / or intervention made or organized by NAUTI-CLUB, a deduction of 100.- per hour will be made on the user's deposit. 7. Damage to NAUTI-CLUB boats, and Insurance and liability benefits a. The boats have full civil liability and casco cover. b. The user must fully compensate NAUTI-CLUB for damage caused to the boat, passengers, third-party boats, caused by non-compliance with contractual provisions and / or improper use of the boat, as well as for loss of property. available. c. Each claim (or part of the claim) not covered by insurance will be the responsibility of the user. d. In the event of damage to the propeller in any way, all costs resulting from its release, replacement, and / or repair will be the responsibility of the user. e. The damage is repaired at the discretion of NAUTI-CLUB and its insurance company. 8. Final Provisions a. In order to preserve the interests of honest and responsible users, the association reserves the right, during the year, to terminate relations with a user or to refuse registration, without providing reasons. b. In the event of non-compliance with the above-mentioned rules, the association reserves the right, during the year, to terminate relations with the user, without reimbursement. c. NAUTI-CLUB is not a rental company and offers a sharing system. Therefore, we limit the number of users per boat compared to the number of weekend days available or remaining during the season. Boat-sharing involves sharing the pleasures and joys of using a boat, and also involves sharing the penalties, particularly, and for example, when the boat is immobilized due to breakdowns. For technical, meteorological or any other reasons, the association can therefore suspend the reservations of a boat for an indefinite period. The association undertakes to do everything in its power to reduce this period, and no compensation can be requested by the users. 9. Applicable law and place of jurisdiction a. This contract is subject to Swiss law and the french version remains the main language. b. In matters of for, any subsequent dispute relating to this contract will be submitted to the ordinary courts of the canton of Vaud.