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Terms and Conditions of Use

GENERAL TERMS OF USE OF THE “CAPTAIN FISHER” MOBILE APPLICATION

GENERAL TERMS FOR THE BOOKING OF A PLEASURE BOAT OR CO-NAVIGATION THROUGH THE COMPANY FISH & FRIEND

These general terms and conditions apply by law to all boat rentals offered by the company FISH & FRIEND, a SAS registered with the Fréjus Trade and Companies Register under number 850 725 086, whose registered office is located at Che Rural 11 named Carraire Bouisset, 83370 Fréjus, France, represented by its legal representative at said address, and notably on its mobile application “Captain Fisher”. Any booking or order implies the Lessee’s unconditional acceptance of these general terms and conditions.

Preamble

FISH & FRIEND SAS has been entrusted by various owners of habitable pleasure boats with the task of presenting, in particular on its website, their boats in order to offer them for rental to potential lessees. The company FISH & FRIEND handles, on behalf of the owners, the processing of rental requests as well as the collection of the rental fees. FISH & FRIEND SAS thus acts as a mere intermediary, with the rental contract being concluded directly between the Owner and the Lessee. These general rental conditions govern the relations between, on the one hand, FISH & FRIEND SAS and the Lessee, and on the other hand, the Lessee and the Owner.

Chapters

• General intervention conditions of Fish & Friend
• Co-navigation conditions
• Pleasure boat rental conditions
• Sports equipment rental conditions

Annexes

Annex 1: Onboard Good Conduct Charter and Obligations of the Owner

Annex 2: Photo Distribution Authorization Form

Both annexes must be signed and accepted by the members.

Article 1 – Service Provisions of Fish & Friend

Article 2 – Placing and Validating an Order

Article 3 – Crew List and Sailing Resume

Article 4 – Items Not Included in the Rental Price

The Renter will be responsible for: engine fuel, port or stopover fees, water and electricity, any repairs and, in general, any consumables necessary for the proper functioning and maintenance of the boat during the rental period. Sheets and pillowcases are optional and incur an extra charge. The same applies for extra equipment (fishing rods, electric motor …).

Local taxes and tourist taxes, if any, are not included in the rental price and are the responsibility of the Renter.

Article 5 – Payment

Card payments can be made with credit cards (Visa, MasterCard, Carte Bleue). Your account will be debited in favor of FISH & FRIEND. Non-French cardholders may be subject to cross-border fees.

FISH & FRIEND uses a secure 3DS payment system. The SSL server ensures payment security by encrypting all personal data required to process your order.

Bank transfers: … – IBAN: … – BIC: … – Account holder: FISH & FRIEND.

Article 6 – Personal Information

The collected information is used to process your order by FISH & FRIEND. Financial information is used solely to bill and process your reservation. Some information is shared with Owners only if necessary.

In accordance with French data protection law, you have the right to access and correct your information. You may also object to its processing.

Article 7 – Insurance and Liability

FISH & FRIEND has subscribed, or arranged for the Owner to subscribe, a multi-risk insurance policy covering the Renter against losses, damages, partial or total theft, civil liability, defense, and recourse.

The Renter remains their own insurer up to the deductible amount.

A non-redeemable deductible of … € applies for third-party damage.

Certain risks are not covered by the boat insurance. Crew and all passengers must subscribe to optional individual insurance.

Article 8 – Interruption and Suspension of Service Access

In case of non-compliance with the T&Cs, FISH & FRIEND may interrupt or suspend your access to the Service or Site, temporarily or permanently, without prior notice.

Article 9 – Website access

FISH & FRIEND strives to make the website available 24/7 except in cases of force majeure or events beyond its control, and subject to maintenance or technical interruptions.

Therefore, FISH & FRIEND cannot guarantee website or service availability, transmission reliability, or performance. Technical support may be provided via electronic or telephone means.

FISH & FRIEND may interrupt the website or services at any time without notice or compensation.

FISH & FRIEND will take reasonable measures to limit disruptions attributable to it. Members acknowledge that FISH & FRIEND assumes no liability for unavailability, suspension, or interruption of service. FISH & FRIEND cannot be held responsible for direct or indirect damages arising from such events.

In any case, without prejudice to other disclaimers, any liability that could be attributed to FISH & FRIEND is limited to amounts collected as service or cancellation fees.

Article 10 – Processing of Users’ Personal Data and Website Content

10.1 General Provisions The data controller regarding your personal data is FISH & FRIEND. In accordance with simplified standard n°48, only employees and service providers whose role is to operate the site or provide the service have access to your personal data. Data marked as mandatory in the registration form must be answered accurately. Any failure to respond or abnormal answer may result in FISH & FRIEND refusing your registration. Data collected by FISH & FRIEND in the context of intermediary services on the Site are processed according to simplified standard n°48 and the French Data Protection Law of August 6, 2004.

10.2 – Transmission of your personal data to third parties In accordance with simplified standard n°48, FISH & FRIEND reserves the right to transmit all or part of Members’ personal data in strict compliance with the standard and the law. Any use of personal data other than that indicated above requires prior, individual, and explicit consent from Members. According to law n°78-17 of January 6, 1978, FISH & FRIEND will obtain Members’ agreement for any transmission of their data to commercial partners for direct marketing via a checkbox.

10.3 – Right of access, rectification, and objection Under law n°78-17 of January 6, 1978, you have the right to access and correct your personal data by contacting the Site webmaster, except for personal data you provided to FISH & FRIEND during online registration, which you alone can modify as stated in Article 10.4 “Updating personal data”. You also have the right to object free of charge to your personal data being used for commercial purposes, and FISH & FRIEND will ensure your objection is communicated to its partners if necessary. FISH & FRIEND ensures that personal data, even if transmitted to commercial partners, will not be sent outside the EU without your explicit consent. FISH & FRIEND reserves the right to transmit personal data to comply with legal obligations or pursuant to a judicial, administrative decision or an independent administrative authority (e.g., the French Data Protection Authority).

10.4 – Updating personal data You agree to ensure your personal data is kept up-to-date and is accurate, complete, and unambiguous. You can access your User Account at any time using your login and password to view all personal data you provided to FISH & FRIEND.

10.5 – Personal data security FISH & FRIEND undertakes to take all necessary precautions, in view of the nature of the data and risks presented by processing, to preserve the security of your personal data and, in particular, to prevent your personal data from being distorted, damaged, or accessed by unauthorized third parties.

10.6 Website hosting The site host OVH acts as a subcontractor for FISH & FRIEND under French law n°78-17 of January 6, 1978, only on written instruction from FISH & FRIEND, and has no right to use user personal data it may access, except for performing hosting and database management services under the contract signed with FISH & FRIEND, which cannot override this article.

10.7 – Intellectual property The mobile application “CAPTAIN FISHER” is the property of FISH & FRIEND. The general structure of CAPTAIN FISHER, as well as the texts, graphics, images, sounds, and videos composing it, are the property of FISH & FRIEND or its partners. Any partial or total reproduction, representation or exploitation of the content or services offered by the mobile application, by any means, without prior written authorization from FISH & FRIEND or its partners, is strictly prohibited and constitutes an infringement under articles L335-2 et seq. of the French Intellectual Property Code. Any hyperlink pointing to a page other than the homepage requires prior written authorization from FISH & FRIEND. Visitors agree not to reproduce any elements of the Site. Any contrary use of the Site or its elements constitutes an infringement and may incur civil and/or criminal penalties.

10.8 – Content entered by Members FISH & FRIEND is not responsible for content entered by Members, including information they provide themselves. However, once FISH & FRIEND becomes aware that content infringes third-party rights, it will make every effort to remove it from the Site promptly.

10.9 – Partner sites By accepting these T&Cs, you agree that the information provided during registration may be published on FISH & FRIEND sites. FISH & FRIEND reserves the right to reproduce any information from the Site or partner sites. In particular, listings posted on sites edited or co-edited by FISH & FRIEND may be reproduced on other sites edited or co-edited by FISH & FRIEND or third parties.

Article 11 – Dispute Resolution

This contract is governed by French law, and transactions are made in Euros.

The parties expressly agree to attempt to resolve amicably any dispute that may arise between them. Failing an amicable agreement, the parties agree to submit the dispute to the courts within the jurisdiction of the Court of Appeal of Aix-en-Provence.

GENERAL TERMS OF CO-NAVIGATION

“Owner”: means the natural person offering on the site to take another natural person on board for a destination or cruise that they have defined in exchange for a pre-agreed sum of money.

“Co-navigator”: means the natural person who has accepted the offer to be taken on board by the ship owner.

“Destination”: means the objective of a service operation of a defined duration and schedule for which the owner has agreed to take on board the Co-navigator(s) for a pre-determined sum of money, corresponding to the costs and participation in the onboard fund.

“Route” (to sail a route): Cover the distance between departure and arrival.

“Stopover”: Defines a part of the “Route” between departure and arrival. Stopovers are stages that the owner plans to make along the “route”. Co-navigators may choose to complete only part of the route proposed by the Skipper/owner. In this case, the available spots remain open for other Co-navigators. Unless otherwise stated, all provisions applicable to a “Route” also apply to a portion of the “Route” defined by one or more stopovers.

“Cost Participation”: Amount of money freely set by the owner and accepted by the Co-navigator(s) for the Destination and/or stay as their contribution to expenses. This participation must strictly be limited to sharing costs and the owner may not make any profit. Otherwise, the owner alone will bear the risks of reclassification as an unauthorized service.

“Member”: refers indifferently to the Co-navigator(s) and/or the owner who have accepted these General Terms of Use and use the site as a Co-navigator or owner. Members are solely responsible for the implementation of the connection service.

“Service”: means any service provided through the Site to a Member, with the understanding that FISH & FRIEND is never a party to any contract.

“User Account”: means the account that must be created to become a Member and access the services offered by the Site.

“TOS”: means these General Terms of Use, containing the “Onboard Rules” described below.

Article 1 – Online Acceptance of the Terms of Use (TOS)

User Account Creation Use of the Site is subject to acceptance of these TOS. When creating a User Account, Members accept the General Terms of Use of the site and the service offered. Only acceptance of these TOS allows Users to access the services offered on the Site. Acceptance of these TOS is complete and indivisible, and Users may not choose to apply only part of the TOS or make reservations. By accepting the TOS, the User also accepts the “Onboard Rules” as well as Article 4 of the TOS concerning the “Processing of Users’ Personal Data”. In case of breach of any of the obligations set forth herein, FISH & FRIEND reserves the right to delete the User Account concerned. This applies in particular when a Skipper/owner acts professionally.

Modification of the Terms of Use FISH & FRIEND reserves the right to modify the TOS, the functionalities offered on the site, or the operating rules of the Service(s) at any time. Changes take effect immediately upon posting the TOS online, which every user acknowledges to have previously consulted. When a modification occurs after payment by the Co-navigator(s) of an amount corresponding to the Cost Participation, the modification does not apply to the ongoing transaction. FISH & FRIEND also reserves the right to offer new services, free or paid, on the Site.

Article 2 – Use of the Connection Service

Data related to User Account Creation To register and benefit from the online service offered by FISH & FRIEND, each Member must first create a User Account and provide their personal data, which are essential for the proper functioning of the connection service. FISH & FRIEND cannot be held responsible for any incorrect or fraudulent information provided by Members.

Private Use of the Connection Service for Non-Professional and Non-Commercial Purposes Private Users agree to use the service solely for non-professional and non-commercial connections between people wishing to sail together. FISH & FRIEND cannot be held responsible for any professional or commercial use of the services offered on the Site. Any activity on the site that, by the nature of the destinations offered, their frequency, or the number of Co-navigators on board, results in profit for the owner, may be considered professional activity. The Cost Participation requested by the Private owner to their Co-navigators must remain a contribution to costs, and the owner must not make any profit. As commonly practiced, Cost Participation is often divided into 2 parts: Reference / See Maritime Affairs Division 240. 1 – Fixed Cost Participation or “Boarding Fee” for BOAT RENTAL, covering usage, operation, maintenance in seaworthy condition (including safety), etc.; the owner must calculate all annual costs (parking, annual port fees, registration taxes, maintenance, repairs, lifting, dry docking, boat insurance, basically the cost of the boat…) and ensure that the amount requested from passengers does not generate profit. The amount is generally: total annual costs of the boat divided by the number of sailing days, then divided by the average number of passengers. This daily fixed cost per person, multiplied by the number of days on board, forms the basis for calculating the “Boarding Fee”. The “Boarding Fee” for the duration of the stay must appear in the posted ads, not a daily amount; if duration is hard to estimate, the closest approximation may be used, with later adjustment by mutual agreement based on a daily rate indicated in the ad. FISH & FRIEND cannot be held responsible for any interpretation that might qualify a daily amount as the total cost of a multi-day stay, nor for any proceedings against an owner. FISH & FRIEND reserves the right to suspend any publication not complying with fair information obligations.

Participation in the “Onboard Fund” Represents each participant's contribution to collective life on board and its costs (provisions, food and drinks, port fees (stopover and local taxes), fuel, consumables (gas, batteries, etc.)). The onboard fund is managed mutually among participating members. An estimate may be indicated in the ad. These two indications, alone or combined, must reflect as accurately as possible the total amount to be borne by a prospective Co-navigator. FISH & FRIEND’s activity is limited to connecting people offering co-navigation destinations between individuals on a non-professional basis; Skippers/owners cannot be considered professional transport providers. The Captain Fisher mobile app is simply a platform, and FISH & FRIEND never interferes with destinations, duration, or schedules. The owner cannot commit to professional obligations, and Co-navigator(s) cannot expect such services to be performed. All destinations and/or services must be agreed in advance on the Captain Fisher app. The owner must arrive and/or stay at the agreed location upon confirmation with Co-navigator(s). They cannot block a space while waiting. FISH & FRIEND reserves the right to exclude without notice any Member ignoring these provisions.

Connection Service FISH & FRIEND offers Users a “Connection Service” which provides, among other benefits: • The Connection Service allows the instant establishment of a friendly relationship without direct money exchange. • It reduces the risk of last-minute cancellations by Co-navigator(s). • It reduces the risk of non-payment by Co-navigator(s), minimizing inconvenience for the owner(s). • It ensures that the Cost Participation will only be collected by the owner once the service has been performed. However, FISH & FRIEND cannot be held responsible for the occurrence of any of these risks.

Conditions under which Members can use the Connection Service Access to the Connection Service is reserved for Member Users and the destinations defined in this article. Having a User Account on the Site does not automatically grant access to the Connection Service. Only destinations meeting the following cumulative conditions may be registered for the Connection Service: Destinations (even short) for which a specific ad has been published concerning a Route, on a specific date and time, from a given departure to a given arrival (even if returning to the starting point). Or A Stopover involving boarding or disembarking at the Stopover fulfilling the cumulative conditions above and equivalent to a Destination. And Trips costing 15 Euros or more per Co-navigator on board. Without prejudice to the above, FISH & FRIEND reserves the right to limit the number and/or category of Members who may benefit from this booking service.

Article 2.6 – Payment and Connection Service Fees

2.6.1 Connection Service Fees: As part of the “Connection Service” with Reservation, FISH & FRIEND charges service fees hereinafter referred to as 'Service Fees'. Service Fees consist of a fixed amount and a variable portion. • Fixed Share 'Co-navigator': Added to the transaction on the date of online payment by the Co-navigator(s). • Variable Share 'Professional Owner or Fishing Guide': 10% net of tax, of the amount of boarding participation paid by Co-navigator(s), or boat rental. • Variable Share 'Non-professional Owner': 14% net of tax, of the amount of boarding participation paid by Co-navigator(s) / boat rental. • Variable Share 'Non-professional Owner': 19% net of tax, of the amount of boarding participation paid by Co-navigator(s). Service Fees (fixed and variable) apply for each reserved spot on the Owner's vessel.

2.6.2 Owner Payment: Co-navigator(s) have 7 calendar days to confirm to FISH & FRIEND that the trip has been completed. After this period, if no confirmation or dispute is made, FISH & FRIEND considers confirmation by the Co-navigator(s) as implicit. From this confirmation, the Owner has a credit on their User Account equal to the amount paid by the Passenger minus the Service Fees. Once validated by the Co-navigator(s), the Owner can instruct payment. FISH & FRIEND will transmit payment instructions within 7 DAYS after the service is performed. When sending payment instructions, the banking system requires the Owner to enter their bank details. These are used solely for the transfer, are not stored, and are immediately destroyed. The Owner must provide their bank details for each payment instruction. FISH & FRIEND only pays via bank transfer; cash or check payments are excluded. FISH & FRIEND is not responsible for payment incidents due to, for example, card disputes or fraud. The Owner must refund any amount questioned due to such incidents on first request.

2.6.3 Owner Obligations: The Owner must: • Arrive on time and at the agreed location. FISH & FRIEND reserves the right to record cancellations and/or suspend Site access for the Owner. • Immediately inform Co-navigator(s) of any destination changes. • If Co-navigator(s) have booked and the Owner changes any condition of the destination, they must contact all affected Co-navigator(s) to obtain consent. A refusal allows Co-navigator(s) to cancel without fees or compensation; Service Fees are still charged to the Owner. • Wait up to 30 minutes beyond the agreed time for Co-navigator(s) (tolerance does not exempt Co-navigator punctuality).

Article 2.7 – Payment and Fees in Case of Cancellation

Cancellations after Reservation Confirmation are subject to the following: • Cancellation by Owner: Co-navigator(s) refunded in full. • Cancellation by Co-navigator(s): - More than 36 hours before departure: Service Fees are due to FISH & FRIEND; refund minus fees. - Less than or equal to 36 hours: Service Fees due; Owner receives 50% compensation; refund adjusted accordingly. - No-show or after departure: Owner receives 100% compensation; Service Fees owed to FISH & FRIEND; no refund to Co-navigator(s). Cancelled spots by Co-navigator(s) are available for other Co-navigator(s) to reserve online.

Article 2.8 – Reservation Postponement

Reserved exclusively and accepted by FISH & FRIEND for safety reasons related to local weather. The Owner decides whether to sail after consultation with Co-navigator(s) and may mark the co-navigation as postponed. Payment is suspended for 3 weeks until the trip occurs. After the trip is completed, Co-navigator(s) confirm execution, and payment resumes. Beyond 3 weeks: FISH & FRIEND will process account liquidation; Co-navigator(s) refunded minus fixed and variable shares as per Article 2.6.

Article 2.9 – Financial Provisions for the Connection Service

Funds received by FISH & FRIEND are deposited in a segregated account at Banque Société Générale, St RAPHAËL 83700, and allocated to Owner payments. Payment orders are irrevocable. No interest accrues. Co-navigator(s) and Owners must provide requested documents for anti-money laundering checks; failure to comply may result in fund freezing or suspension of services. No payment can be made to an account not opened in the Owner's name.

Article 2.10 – Insurance

The Owner must have valid insurance and verify its coverage for the co-navigation trip. They must also have a valid navigation license or other regulatory document. Co-navigator(s) paying route costs are considered passengers and covered by basic third-party insurance. Owners and Co-navigator(s) must verify this. Professional activity or profit may void insurance coverage; financial consequences are borne solely by the Owner. FISH & FRIEND may suspend accounts and report professional activity to authorities.

Article 2.11 – Dispute Management Between Members

Members resolve disputes among themselves following maritime traditions and courtesy. FISH & FRIEND does not intervene in disputes between Co-navigator(s) and the Owner. If no resolution is reached, FISH & FRIEND may hold Co-navigator(s) funds until an amicable agreement or final judicial decision.

Article 3 – Liability

3.1 – Co-navigation results exclusively from the agreement between the Owner and the Co-Navigator(s). Users of the service (both Owners and Co-Navigators) act under their sole and full responsibility. Consequently, the actual execution of a co-navigation proposed by the Owner and accepted by the Crew or Co-Navigator(s) cannot give rise to any liability on the part of FISH & FRIEND, the service provided by FISH & FRIEND being an intermediation service. FISH & FRIEND’s liability cannot be engaged in particular in the event of an incident occurring for reasons such as: • The Owner providing incorrect information regarding the co-navigation and its terms. • Cancellation of the Trip by the Owner or the Co-Navigator(s). • Payment of the Cost Participation in the context of the Reservation Service. • Fraudulent behavior or fault of the Owner or the Co-Navigator(s) before, during, or after the co-navigation. In particular, no form of liability can be held against FISH & FRIEND in the event of fraudulent use of payment instruments by the Co-Navigator(s). In such a case, no guarantee of payment to the Owner is provided by FISH & FRIEND. Owners are solely responsible for the price set for their co-navigation listing.

Article 1 – Boat Handover

The boat can only be taken over by the Renter once the full price has been paid, the crew list, copy of license and nautical CV deposited, the deposit paid, and the inventory and rental contract signed.

The description of the boat and its equipment and armament elements is recorded on an inventory which must be provided to the Renter along with the official table of instruments, mandatory nautical documents and materials, and the vessel registration certificate. Reference: Division 240 of Maritime Affairs

The inventory serves as proof of the boat's equipment and its proper functioning. The Renter has 24 hours after signing the inventory to report any anomalies to the Owner or their representative.

Article 2 – Deposit

A deposit must be made to FISH & FRIEND on the day of departure before boarding. It may be debited by FISH & FRIEND for the Owner in case of damage for an amount corresponding to the damage caused and upon agreement between the parties. Otherwise, on presentation of a final judgment. Supporting documents for this debit will be sent to the Renter afterwards.

The deposit guarantees the payment of costs arising from accidental damage caused or suffered by the boat, its equipment or accessories, breakage or loss of equipment, poor maintenance of the boat and its equipment or accessories during the cruise, abandonment or late return of the boat.

The deposit does not in any way limit the Renter's liability, who will be required to reimburse the Owner for all costs incurred due to non-compliance with their obligations.

Article 3 – Boat Use – Responsibilities – Damage

The Renter must be of legal age. They agree to use the boat responsibly and comply with the regulations in force in the navigation area, as well as the laws and regulations of the countries visited.

The Renter affirms that they have the necessary knowledge and experience as well as the required licenses for the navigation they plan to undertake.

The Renter agrees to use the boat only for leisure navigation or sport/pleasure fishing, excluding any commercial operations, professional fishing, transport, regattas, or others. Navigation must only occur in the waters of the country in which the boat's navigation is authorized. The Renter explicitly releases the Owner from any liability as shipowner or otherwise due to non-compliance with these prohibitions and will be solely responsible for any administrative proceedings, lawsuits, fines or confiscations incurred. In general, the Renter explicitly releases the Owner from any liability for non-compliance and will be solely responsible vis-à-vis the affected parties for any lawsuits, proceedings, fines, or confiscations incurred. In case the rented boat is seized, the Renter will have to pay the Owner a contractual indemnity corresponding to the current rental rate and will remain liable to reimburse the Owner for the value of the boat and any rental periods that the Owner would be obliged to refund due to the seizure.

Subletting and lending are strictly prohibited, under penalty of prosecution, all costs being borne by the Renter.

The Renter agrees to only embark the authorized number of persons.

For hygiene reasons, animals are not allowed on rented boats.

The Renter is responsible for maintaining the logbook provided by the Owner. This document must mandatorily record navigation details and all incidents and damage related to the boat and navigation, under penalty of the Renter being held responsible.

In case of loss or damage during the rental, the Renter must first notify the Owner or their representative and the insurance broker for instructions before taking any repair or replacement responsibility.

In case of serious loss or damage (flooding, dismasting, fire, …), after requesting help, the Renter must urgently notify the Owner or their representative and the insurance broker for instructions. While waiting, the Renter must obtain a report by a surveyor to receive reimbursement from the insurance company. Failure to do so makes the Renter fully responsible for all costs incurred.

Loss of use due to damage occurring during this rental will not result in any refund, even partial, except if the damage is not attributable to the Renter. In this case, a penalty equivalent to 48 hours of rental will apply.

The Renter must supervise the boat at anchor. Unsupervised boats at anchor are not covered by insurance.

Article 4 – Boat Insurance and Deductible

The Owner declares having subscribed an insurance policy covering the use of the boat by the Renter:

• damage that may be caused to the boat's hull, accessories, and annexes, partial or total theft, and the main engine (excluding the HB engine and tender). The Renter remains responsible for the amount of the deductible and/or the deposit.

• third-party claims for material damage and bodily injury (civil liability).

However, the following are excluded from the boat insurance contract:

• accidents, damages, and losses of any kind affecting both persons on board the rented boat (Renter, crew) and their property.

• fines and criminal penalties incurred while the boat was under the Renter's custody.

• damages, losses, third-party claims, and expenses resulting from intentional or gross negligence, towing costs due to navigation errors, deliberate breach of safety or navigation rules, violation of navigation restrictions, actions of any crew member ashore, unlawful use of the boat, its equipment or annexes, intoxication, influence of narcotics or other substances affecting consciousness or reaction ability, use of the boat for purposes other than personal leisure, exceeding the authorized number of persons on board, navigation outside authorized areas or at night, false statements, and any malicious acts committed with the complicity of any person on board.

It is strongly recommended that the Renter take out individual insurance covering themselves and other persons on board for the various risks excluded as described above.

Article 5 – Boat Return

The Renter must return the boat to the port at the date and time specified in the rental agreement unless otherwise agreed in writing with the Owner or their representative. Upon return, the Renter must notify the Owner or their representative and schedule an inventory and inspection of the boat, which must be emptied of all luggage and occupants.

Cleaning and inventory time are an integral part of the rental period specified in the contract.

Each day of delay will incur a penalty equal to twice the daily rental price, regardless of the reason for the delay. Bad weather cannot be used as an excuse; the Renter must make all necessary arrangements in time.

If for any reason the Renter cannot return the boat to the designated return port themselves, they must, at their own expense and risk, ensure its safekeeping and have it returned by a qualified transporter after notifying the Owner or their representative and obtaining approval. The Owner will charge the Renter for repatriation costs. The rental ends only after the boat is returned to the Owner under the conditions above.

The Renter must return the boat and its equipment in good working order and cleanliness. If the return condition is satisfactory, the deposit will be refunded within one month after boat return.

If the boat is not returned in perfect cleanliness, cleaning costs will be charged to the Renter. The Renter can opt for an additional cleaning service.

If damage or loss of the boat or any inventory item is observed, the Renter must pay for its repair or replacement. The deposit may be used for this purpose.

The Owner may claim the total cost of damages from the Renter even beyond the deposit if the boat was intentionally damaged or neglected.

If the damage or loss is covered by insurance, the deposit refund will be delayed until the insurance company settles repair or replacement invoices, minus the deductible and any additional costs (phone, travel, inspection, storage, etc.) with proof provided.

Article 6 – Termination by the Owner

If due to damage during a previous rental or for any other reason beyond their control, the Owner cannot provide the boat at the agreed date, they may either provide a boat of equivalent or greater size with the same number of berths, or refund the amounts paid without compensation. Refunds will be proportional to the number of days of deprived use. The Owner may also offer a smaller boat with a partial refund based on rental value.

Article 7 – Termination by or attributable to the Renter

The rental period may only be changed with the Owner's agreement or their representative, subject to availability.

Failure to meet payment deadlines, non-compliance with obligations in this agreement, or contract termination for any reason by the Renter will result in contract termination, with deposits and balance retained by the Owner or their representative as follows:

• If termination is due to the Renter at least 6 weeks before departure: 40% of the rental amount is retained.

• If termination is due to the Renter less than 6 weeks before departure: 100% of the rental amount is retained.

Once the boat is provided as per the contract, the rental amount remains due, whether the Renter uses the boat or not during the rental period, regardless of the reason.

To cover the risks above, the Renter may subscribe to a cancellation insurance at their own expense. Cancellation insurance is available when confirming the reservation. It does not cover persons not on the crew list.

Article 8 – Determination and Payment of Service Fees

As part of the 'Connection Service' with Reservation, the company FISH & FRIEND charges service fees hereafter referred to as 'Service Fees'.

These service fees are set at a flat rate of 10% VAT up to 19% depending on the service provided (ten percent excluding tax up to nineteen percent including tax) of the total net amount of the boat rental and additional fees.

Payment of the amounts due to FISH & FRIEND will appear on the invoice detailing the rental price of the boat plus any applicable fees.

Payment is due before taking possession of the boat.

Article 1 – Description of Equipment and Services

The various equipment and other services offered are described according to a classification type detailed on the website pages.

They are available subject to confirmation by FISH & FRIEND; this confirmation is made by email to the address provided by the client after receipt of full payment of the reservation.

If payment is made by credit card: upon receipt of confirmation of the payment transaction.

Article 2 – Ordering Process

Step 1: Select the desired service in the online commerce area;

Step 2: Fill in the required fields in the form, acting as an order form;

Step 3: Client checks the entered order and any modifications;

Step 4: Acceptance of general conditions and the order;

Step 5: Client confirms their order.

Article 3 – Withdrawal Rights

Legal provisions regarding distance selling in the Consumer Code state that the right of withdrawal does not apply to leisure activities that must be provided at a specific date or period (Article L 221-28 12° of the Consumer Code).

Therefore, for any booking made on this website, the client has no right of withdrawal. FISH & FRIEND will retain the full payment. However, FISH & FRIEND may offer an amicable settlement.

Article 4 – Secure Payment

Payment of amounts due for the reservation is made by credit card via a secure transmission system.

The currently available payment method on the website is secure and has been implemented with LA BANQUE SOCIÉTÉ GÉNÉRALE DE ST RAPHAËL.

Any credit card payment triggers a systematic debit authorization request, and any refusal, whatever the cause, implies the abandonment of the said order by FISH & FRIEND.

Article 5 – Photographs and Graphics

Photographs and graphic elements presented are indicative and not contractual.

However, FISH & FRIEND undertakes to provide equipment of quality and technical standard corresponding to the reserved category.

Article 6 – Prices

Prices for rented equipment and other services are indicated on the FISH & FRIEND website. Prices are in euros and include applicable VAT at the date of the order.

The price is set by the owner and not by FISH & FRIEND. The price of equipment applicable to the client is that shown on the site at the time of order confirmation.

The rental price of equipment and/or other services corresponds to a duration and category; depending on the number of reservation days, an additional day is offered.

This extra day is not offered for packaged offers including services other than equipment rental;

The price shown at the time of reservation is the amount to be paid.

Rental price and/or other service does not include communication costs related to website usage.

The online offer cannot be combined with any other promotion; payment of the balance in-store cannot receive additional discounts or include vouchers or other partnership discounts.

Article 7 – Availability and Complaints

Reserved equipment and services will be available for the period at the FISH & FRIEND location indicated in the confirmation.

Any complaint regarding rented equipment and/or other services must be sent to this location by registered mail with acknowledgment of receipt no later than three business days after the end of the reserved period.

Article 8 – Responsibility and Guarantee

Equipment is considered in good condition and suitable for normal use. The client is solely responsible for their ability to use it.

Rented equipment is under the client’s responsibility from the moment they take possession. The client must take care and ensure normal recreational use, excluding competitions except those organized by approved establishments.

Equipment is rented for exclusive use by the client and cannot be lent, sublet, or entrusted to third parties.

RESPONSIBILITY – GUARANTEE: Subject to the obligations of the contract, the client benefits from the following provisions, except in case of fraud:

1) Unless the client has taken the 'theft, breakage' guarantee, the client has no coverage for damages and is personally liable.

2) 'Theft, breakage' guarantee: the client may subscribe online or upon taking possession, payable in advance and charged according to the conditions displayed on the renter's profile.

3) Loss or disappearance of equipment is not covered.

4) In case of theft, diversion, or damage due to misuse, FISH & FRIEND is entitled to claim the full compensation.

Article 9 – Equipment Return

The equipment must be returned in good condition.

Failure to return equipment may lead to a recovery procedure at the client’s expense, in addition to the value of the unreturned equipment.

Article 10 – Electronic Acceptance

Activating the 'I accept the rental and other services terms' option constitutes acceptance of these terms and the order form and has the same value as a handwritten signature.

Article 11 – Hyperlinks

Hyperlinks may lead to other websites; FISH & FRIEND is not responsible for the content of sites visited if they contravene legal provisions.

Article 12 – Personal Data

Information requested by FISH & FRIEND is necessary to process the order.

The client has the right to access, modify, rectify, and delete their data by contacting FISH & FRIEND:

By email: contact@captain-fisher.fr

By post: SAS FISH&FRIEND CD8 Chemin rural N°11 Dit le Bouisset 83370 St Aygulf, France

Annex 1 – Code of Conduct and Owner Obligations

The captain is the only master on board, defines rules and objectives, and installs a community on board in tolerance, respect, good humor, and courtesy while ensuring safety.

These provisions constitute the 'Code of Conduct and Board Rules of Co-navigation', applying to all users of the website and service.

Annex 2 – Authorization for Photograph Use

I, the undersigned (name of photographed person), residing at (address), authorize FISH & FRIEND to publish photographs of me or persons under my responsibility on the CAPTAIN FISHER website.

Photographs may be used in any form and media, worldwide, indefinitely, in whole or in part.

The recipient is expressly forbidden to exploit the photographs in a manner affecting privacy or reputation, or in pornographic, racist, xenophobic, or otherwise harmful contexts.

For any disputes arising from these terms, the French courts have exclusive jurisdiction.